The Development and Effectiveness of International Administrative Law

On the Occasion of the Thirtieth Anniversary of the World Bank Administrative Tribunal

Series:

Editor: Olufemi Elias
International administrative law, or more precisely the law of the international civil service, has been the focus of increased attention in recent years. A part of the discussion has focused on the design of the justice mechanisms of international organizations, exemplified by the overhaul of the internal justice system of the United Nations in 2009. The internal justice systems of some international organizations have been subjected to scrutiny before some national courts, and the role and contribution of international administrative tribunals to the development of the law continue to be an important part of discussions of good governance and accountability of international organizations. The essays in this book, written by judges, practitioners, academics and other experts, address these and other issues.

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Olufemi Elias, MA (Oxon), LL.M (Cantab) Ph.D. (London) is currently Executive Secretary of the World Bank Administrative Tribunal and a Visiting Professor of International Law at Queen Mary, University of London. He has written books and articles on various aspects of international law.
Foreword, Stephen M. Schwebel
Editor’s Preface, Olufemi Elias
Members of the World Bank Administrative Tribunal
List of Contributors

THE WORLD BANK ADMINISTRATIVE TRIBUNAL AT THIRTY
Introduction, Jan Paulsson, David Caron, David G. Hawkes, Anne-Marie Leroy & Graeme Wheeler
The de Merode Decision, and its Influence upon International Administrative Law, Robert A. Gorman

PART I: THE DEVELOPMENT OF INTERNATIONAL ADMINISTRATIVE LAW AS A FIELD OF LAW
Reflections on the Internal Judicial Systems of International Organizations, C. F. Amerasinghe
Administrative Tribunals of International Organizations and World Constitutionalism, Pedro Dallari
Administrative Tribunals of International Organizations from the Perspective of the Emerging Global Administrative Law, Benedict Kingsbury and Richard Stewart
The Role of Administrative Tribunals in Safeguarding the Independence of the International Civil Service, Lisa Tabassi

PART II: THE DEVELOPMENT OF INTERNATIONAL ADMINISTRATIVE LAW BY ADMINISTRATIVE TRIBUNALS

Perfection, Best Practice, Adequacy? The Standard Applied by International Tribunals to the Behaviour of International Organizations, Peter Hulsroj
The Treatment of Monetary Problems by International Administrative Tribunals, Rutsel Silvestre J. Martha
Discovery in Administrative Tribunal Cases, Marie Chopra, Esq.
The World Bank Administrative Tribunal and the Standard of Proof to be Applied in Investigations of Staff Misconduct, David R. Rivero & Yelina Grados
Immunity of International Organizations, Marital Obligations of their Staff and their Duty to Comply with National Court Orders: the Development of the World Bank’s Practice and Procedure, Zakir Hafez
The Scope of World Bank Administrative Tribunal Remedies: Beyond
Individual Relief, Francis Robert Augustine Sheed

PART III: THE INSTITUTIONAL FRAMEWORK
The New United Nations System of Administration of Justice, Maritza Struyvenberg
The European Union Civil Service Tribunal: A Three-tier Structure, Waltraud Hakenberg
The Step Below: Can Arbitration Strengthen Administrative Tribunals?, Arnold Zack

PART IV: ISSUES OF EFFECTIVENESS AND LEGITIMACY
Desirable Standards for the Design of Administrative Tribunals from the Perspective of Domestic Courts, Gregor Novak & August Reinisch
The Evolution of the Independence of Internal Judicial and Quasi-Judicial Organs of International Organizations: The Case of the World Bank, Andrés Rigo Sureda
The Effectiveness of International Administrative Law as a Body of Law, Chris de Cooker
The Effectiveness of International Administrative Law Compared to Some National Legal Systems, Roy Lewis
The Review of Decisions of International Administrative Tribunals by the International Court of Justice, Joanna Gomula
The Relation between Due Process in International and National Human Rights Instruments and International Adjudication Mechanisms, Santiago Oñate Laborde
Conflicts of Interest in International Administrative Tribunals, Nassib Ziadé

CONCLUDING REMARKS
The Development and Effectiveness of International Administrative Law, Melissa Su Thomas & Olufemi Elias
The Development and Effectiveness of International Law is of interest to practitionersand academics interested in international institutional law, and more specifically international administrative law.