{"title":"Evolution of the Grievance System of the European Bank for Reconstruction and Development: Lessons Learnt and Way Forward","authors":"Nobert Seiler","doi":"10.1163/9789004441033_010","DOIUrl":"https://doi.org/10.1163/9789004441033_010","url":null,"abstract":"","PeriodicalId":164763,"journal":{"name":"The Role of International Administrative Law at International Organizations","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123857525","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Procedural Requirements in Staff Misconduct Cases: The Evolving Approach of the African Development Bank Administrative Tribunal","authors":"Eric P. LeBlanc","doi":"10.1163/9789004441033_015","DOIUrl":"https://doi.org/10.1163/9789004441033_015","url":null,"abstract":"With specific reference to staff misconduct cases, this chapter examines, with examples from its case law, how the African Development Bank Administrative Tribunal (AfDBAT) addresses arguments of procedural irregularities and violation of due process. The AfDBAT, in determining whether an irregularity exists or not according to the applicable rules and principles, takes into consideration elements such as the prejudice sustained by an applicant and the fairness of the process. When it determines that an irregularity exists, the AfDBAT takes into consideration the seriousness of the irregularity or other due process violation in deciding whether the decision to impose the disciplinary measure should be vitiated or sustained and whether the procedural irregularity or other due process violation should lead to the award of damages.","PeriodicalId":164763,"journal":{"name":"The Role of International Administrative Law at International Organizations","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129466393","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Brian Patterson, Pheabe Morris, Brenda Costecalde Orpineda
{"title":"The Manager’s Duty to Resolve or Report Misconduct: The Example of the International Monetary Fund’s Retaliation Policy","authors":"Brian Patterson, Pheabe Morris, Brenda Costecalde Orpineda","doi":"10.1163/9789004441033_014","DOIUrl":"https://doi.org/10.1163/9789004441033_014","url":null,"abstract":"","PeriodicalId":164763,"journal":{"name":"The Role of International Administrative Law at International Organizations","volume":"128 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115292526","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Building an Administrative Tribunal of an International Financial Institution from Scratch: Lessons from the European Stability Mechanism","authors":"David L. Eatough","doi":"10.1163/9789004441033_013","DOIUrl":"https://doi.org/10.1163/9789004441033_013","url":null,"abstract":"This chapter describes the background and decisions that lay behind the creation of the Administration Tribunal of the European Stability Mechanism (esm) in 2014. It explains the unusual options and policy choices that presented themselves, given that the esm was established as an international organization with its own treaty. The esm stands largely outside the European Union’s (EU) legal order, under public international law, but operationally must be very closely coordinated with the competent EU institutions to ensure consistency with EU law. The chapter covers the procedural and resourcing issues the esm resolved with the help of the European Free Trade Association, and its registry, to which the esm outsourced the forum for oral hearings and registry support. In addition, the chapter touches on the underlying philosophy and aspirations of the esm human resources and legal functions in the context of esm’s mandate and its desired relationship with a highly professional, expatriate staff. This chapter looks at the needs the esm sees for other means of dispute resolution for staff and how it is trying to meet these, possible avenues for case management before the relevant tribunal makes its final decision and the current ‘multi-forum’ situation of the jurisprudence which may adversely influence policy-making.","PeriodicalId":164763,"journal":{"name":"The Role of International Administrative Law at International Organizations","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126791290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"2019 AIIB Legal Conference Report","authors":"","doi":"10.1163/9789004441033_018","DOIUrl":"https://doi.org/10.1163/9789004441033_018","url":null,"abstract":"","PeriodicalId":164763,"journal":{"name":"The Role of International Administrative Law at International Organizations","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134390219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Macro-Trends in the Performance Management of International Civil Servants and Their Legal Implications","authors":"Laurent Germond, Estelle Martin","doi":"10.1163/9789004441033_016","DOIUrl":"https://doi.org/10.1163/9789004441033_016","url":null,"abstract":"The purpose of this chapter is to explore three performance management trends within international organizations and evaluate their legal implications. It seeks to identify different ways of combining well-settled principles of international civil service law, including the principle of ‘acquired rights’ and the right to appeal, with career systems increasingly focused on promoting meritocracy (the ‘what’), continuous feedback and feedforward (the ‘how’) and people managers (the ‘who’). Drawing on their experi-ences as legal practitioners and on a selection of jurisprudence from international administrative tribunals, the authors attempt to identify the balance between the legal features specific to managing the performance of international civil servants with the demands for accountability and sustainability in the delivery of a public service mission. The goal is not to provide a comprehensive study but rather to foster discussion and contribute to the overall debate on how to enhance the functioning of international organizations whilst allowing them to best achieve their mission. The authors wish for an outcome where this public service mission can emerge strengthened.","PeriodicalId":164763,"journal":{"name":"The Role of International Administrative Law at International Organizations","volume":"04 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127191693","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Global Fund to Fight AIDS, Tuberculosis and Malaria: The Journey of a Public-Private Partnership","authors":"Fady Zeidan, Jean-Paul J. Abboud","doi":"10.1163/9789004441033_009","DOIUrl":"https://doi.org/10.1163/9789004441033_009","url":null,"abstract":"The Global Fund to Fight aids, Tuberculosis and Malaria (Global Fund) is a unique multilateral institution: originally conceived as a public-private partnership, it was established as a not-for-profit foundation under Swiss law, before gradually evolving into an international organization. The Global Fund Secretariat is based in Geneva and is composed of some 780 employees. This chapter examines the role international administrative law has played in the effective and efficient functioning of the Global Fund. The genesis of the Global Fund, its institutional features and governance structures are presented in Section 1 and the initial administrative arrangements concluded between the Global Fund and the World Health Organization to enable the Global Fund to conduct its operations are discussed in Section 2. Sections 3 and 4 examine the internationalization of the status of the Global Fund through the prisms of the privileges and immunities of the organization and its officials, and the resolution mechanisms of employment-related disputes, respectively. Considerations regarding the legal framework applicable to Global Fund employees are also addressed.","PeriodicalId":164763,"journal":{"name":"The Role of International Administrative Law at International Organizations","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121232859","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}