Procedural Fairness as a Precondition for Immunity of International Organizations
In: International Organizations Law ReviewSearch for other papers by Yaraslau Kryvoi in
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This article analyses the notion and role of fairness in the procedural rules and practice of international administrative tribunals. After reviewing decisions of international administrative tribunals dealing with the notion of fairness, it shows that tribunals rely on the concept of fairness to limit discretion of decision-makers, to fill gaps in law and to override written law to ensure fairness. The article makes suggestions as to how to reconcile the different visions and roles of fairness in international administrative law. It argues that with the further development of international administrative law, tribunals should as much as possible rely on rules and principles formulated by external bodies rather than on their personal understanding of fairness.
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35
Judgment 3264, ilo Administrative Tribunal, 2014, ilo Administrative Tribunal, Judgment 2873, 108th Session, 2010, Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization.
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Kryvoi, supra note 4, at 268.
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Judgment No. 1365, United Nations Administrative Tribunal, 6 February 2008 (“As the Joint Appeals Board declared this irregularity to be a violation of the principles of equity and fairness, the Tribunal considers that the $500 recommended by the Board and accepted by the Secretary-General to be clearly inappropriate in light of the gravity of the flaw, which was neither more nor less than age discrimination. ”); Advisory Opinion, Judgments of the Administrative Tribunal of the i.l.o. upon Complaints Made against unesco (i.c.j. Reports 1956, at p. 100) (citing Corfu Channel case, Judgment of December 15th, 1949, i.c.j. Reports 1949, p. 249).
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Procedural Fairness as a Precondition for Immunity of International Organizations
In: International Organizations Law ReviewSearch for other papers by Yaraslau Kryvoi in
Current site
Google Scholar
PubMed
This article analyses the notion and role of fairness in the procedural rules and practice of international administrative tribunals. After reviewing decisions of international administrative tribunals dealing with the notion of fairness, it shows that tribunals rely on the concept of fairness to limit discretion of decision-makers, to fill gaps in law and to override written law to ensure fairness. The article makes suggestions as to how to reconcile the different visions and roles of fairness in international administrative law. It argues that with the further development of international administrative law, tribunals should as much as possible rely on rules and principles formulated by external bodies rather than on their personal understanding of fairness.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 314 | 77 | 5 |
| Full Text Views | 196 | 8 | 0 |
| PDF Views & Downloads | 91 | 17 | 0 |