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Procedural Fairness as a Precondition for Immunity of International Organizations

In: International Organizations Law Review
Author:
Yaraslau KryvoiSenior Research Fellow in International Economic Law, British Institute of International and Comparative Law; Professor of Law, University of West London, kryvoi@post.harvard.edu

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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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