The Development and Effectiveness of International Administrative Law

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


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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EUR €164.00USD $214.00

Biographical Note

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.

Table of contents

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.