Reform of the Administration of Justice System at the United Nations

2009 ◽  
Vol 8 (2) ◽  
pp. 181-224 ◽  
Author(s):  
Phyllis Hwang
Keyword(s):  
United Nations ◽  
Justice System ◽  
General Assembly ◽  
Intergovernmental Organizations ◽  
Staff Members ◽  
Administration Of Justice ◽  
History Of ◽  
The United Nations ◽  
Basic Features ◽  
New System

AbstractFor nearly six decades, the administration of justice system at the United Nations has been comprised primarily of the Joint Appeals Boards, the Joint Disciplinary Committees and the UN Administrative Tribunal. In July 2009, these bodies will be dismantled and replaced with an entirely new system. This article will first describe the basic features of the administration of justice system at the United Nations that existed prior to July 2009. It will then review the history of efforts to reform the system, leading up to the proposals of the Redesign Panel issued in August 2006. It will also look at similar initiatives implemented by other intergovernmental organizations to reform their own internal justice systems in recent years. Finally, the article will highlight the main elements of the new administration of justice system, as approved by the General Assembly in 2007-2008, and examine its implications for UN staff members in the future.

Secretariat: Annual Report of the Secretary-General

1966 ◽  
Vol 20 (1) ◽  
pp. 131-137 ◽  
Keyword(s):  
United Nations ◽  
Annual Report ◽  
Secretary General ◽  
General Assembly ◽  
Article 59 ◽  
Rules Of Procedure ◽  
History Of ◽  
The United Nations ◽  
Direct Concern

In his Introduction to the Annual Report of the Secretary-General on the Work of the Organization, 16 June 1964–15 June 1965 Secretary-General U Thant noted that the ten months under review had without doubt been difficult ones in the history of the United Nations. The opening date of the nineteenth session of the General Assembly had been postponed several times and, when it did meet, it had been unable to follow the normal rules of procedure due to the controversy over the applicability of Article 59 of the UN Charter. Another regrettable development of direct concern to the UN had been the announcement by Indonesia of its decision to withdraw from the Organization as from January 1, 1965.

The Gatt and Multilateral Treaty Making: The Tokyo Round

1983 ◽  
Vol 77 (1) ◽  
pp. 51-83 ◽  
Author(s):  
D. M. McRae ◽  
J. C. Thomas
Keyword(s):  
United Nations ◽  
International Organizations ◽  
General Assembly ◽  
Legislative Process ◽  
Intergovernmental Organizations ◽  
Tokyo Round ◽  
United Nations General ◽  
United Nations General Assembly ◽  
The United Nations ◽  
Multilateral Treaty

Multilateral treaty making, sometimes called the "international legislative process", occurs in a variety of forms and under the auspices of many international organizations. Concern that insufficient information is available about the way treaties are negotiated in different forums and that the process is haphazard led to a proposal for its review in the Sixth Committee at the 32d session of the United Nations General Assembly. Acting upon.this initiative, the General Assembly adopted Resolution 32/48, which called upon the Secretary- General to report on the techniques and procedures used in the elaboration of multilateral treaties. In order to assist in the preparation of this report, comments were requested from states, specialized agencies and other intergovernmental organizations, and the offices of the United Nations.

The Protection of United Nations Whistleblowers against Retaliation

2017 ◽  
Vol 16 (2) ◽  
pp. 264-287
Author(s):  
Baptiste Martel
Keyword(s):  
United Nations ◽  
Justice System ◽  
Secretary General ◽  
Legal Issues ◽  
The United Nations ◽  
Met Expectations ◽  
New System

Abstract At a time when better protection of whistleblowers is increasingly demanded, how does the United Nations deal with its own whistleblowers? As un agents have immunity they rely on an internal un justice system. However, in 2005, the un Secretary-General issued a Bulletin that created a mechanism based in an Ethics Office to protect whistleblowers. In practice, the new system has not met expectations and has raised many legal issues, in particular with regard to the competence of the United Nations Dispute Tribunal to review the decisions of the Ethics Office. As a result, un agents have started to avoid the Ethics Office mechanism and have gone directly before un judges. Moreover, in early 2017, the new Secretary-General, Antonio Guterres, reformed the un’s Ethics Office mechanism.

scholarly journals The Reform of the United Nations Administration of Justice System: The United Nations Appeals Tribunal after One Year

2011 ◽  
Vol 10 (3) ◽  
pp. 405-428 ◽  
Author(s):  
Louise Otis ◽  
Eric H. Reiter
Keyword(s):  
United Nations ◽  
Justice System ◽  
First Year ◽  
Important Indicator ◽  
Administration Of Justice ◽  
Specific Performance ◽  
Emerging Issues ◽  
The United Nations ◽  
One Year ◽  
Formal Justice

Abstract This article surveys some emerging issues in the jurisprudence of the new United Nations Appeals Tribunal. Through an analysis of both procedural and substantive questions that the tribunal has faced in its first year (for example specific performance, production of documents, and whistleblower protection), the article offers an assessment of the implementation of the reform of the formal justice system of the United Nations. The developing jurisprudence of the tribunal will be an important indicator of the success or failure of the implementation of an independent system of justice within the United Nations.

2 Legal Powers, 2.2 Effect of Awards of Compensation Made by the United Nations Administrative Tribunal Advisory Opinion [1954] ICJ Rep 47

2016 ◽  
Author(s):  
Keith Kenneth
Keyword(s):  
United Nations ◽  
Case Note ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Staff Members ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
Administrative Tribunal

This case note relates to the advisory opinion of the International Court of Justice on the United Nations Administrative Tribunal in which the Court ruled that the General Assembly of the United Nations had the power to establish the Tribunal to decide disputes between UN staff members and the UN Secretary-General, their employer, and that its awards were binding on the General Assembly when it came to adopt the UN budget. Underlying these rulings is the principle of the independence of the international civil service. The case note also records the changes that were made to the Statute of the Tribunal as a consequence, changes which presented procedural issues for the Court which was given a review power in respect of awards of the Tribunal.

From Advisory Opinions to Binding Decisions: The new Appeal Mechanism of the Un system of Administration of Justice

2010 ◽  
Vol 7 (2) ◽  
pp. 261-275 ◽  
Author(s):  
Paolo Vargiu
Keyword(s):  
United Nations ◽  
Due Process ◽  
International Court Of Justice ◽  
Staff Members ◽  
International Court ◽  
Tier System ◽  
Administration Of Justice ◽  
The Icj ◽  
Review Mechanism ◽  
The United Nations

AbstractIn 2009 the United Nations launched a new two-tier system of administration of justice. The system is composed of two standing bodies, the United Nations Dispute Tribunal (UNDT) and the United Nations Appeals Tribunal (UNApT), the latter acting as an appeals mechanism against decisions of the UNDT. The former system foresaw the United Nations Administrative Tribunal (UNAT) as the sole body of administration of justice within the UN, while the International Court of Justice (ICJ) acted as review mechanism on the decisions of the UNAT. However, this review system was abolished in 1995 and, since then, no option was available to unsuccessful (or partially successful) staff members for having a UNAT judgment reviewed. The lack of any option for review led to criticisms and instances for reform of the whole system, which eventually led to the establishment of a Redesign Panel, which suggested the establishment of a two-tier system of administration of justice, with the aim of meeting the 'basic standards of due process established in international human rights instruments'. The recently established Appeals Tribunal should fill the gap created by the abolition of the ICJ competence to review the judgments rendered by the UNAT. This article evaluates the improvement to the system represented by the establishment of the United Nations Appeals Tribunal in three main steps. The first is the identification of the shortcomings of the previous review mechanism before the ICJ. The second is the overview of the problems of the former system of administration of justice within the UN. The third and final step is the analysis of the scope of jurisdiction of the new UNApT.

scholarly journals The emergence and development of UN peacekeeping activities

2020 ◽  
pp. 423-427
Author(s):  
Yaryna Zhukorska
Keyword(s):  
United Nations ◽  
Security Council ◽  
General Assembly ◽  
Regional Organizations ◽  
Peacekeeping Operations ◽  
Un Peacekeeping ◽  
History Of ◽  
Traditional Sense ◽  
The United Nations ◽  
Peacekeeping Missions

The first two official UN missions to launch UN peacekeeping operations were the United Nations Truce Supervision Organization(Israel) and the United Nations Military Observer Group in India and Pakistan.The UN’s peacekeeping activities, in its traditional sense, came at a time when confrontation between the parties to the Cold Warparalyzed the Security Council in 1956 during the Suez Crisis.In order to understand how peacekeeping has evolved from its inception to the present day, as well as to be able to assess howits effectiveness has grown, the author proposes to divide the history of peacekeeping missions into periods.In 1987, 5 peacekeeping operations were carried out, and in 1993 their number reached 19, in 1995 – 20. In 2019 – 14 peacekeepingmissions were carried out. However, not all peacekeeping operations are carried out only by the UN. Between 2004 and 2013,regional organizations and situational alliances were involved in stabilizing the conflict (as in the case of the CAR, Chad and Darfurmissions).Peacekeeping has become a unique example of global cooperation as a major UN body, such as the General Assembly, the SecurityCouncil, the Secretariat; and States, both those providing military and police contingents and those receiving missions.Throughout its history, there have been setbacks and victories, but peacekeeping has proved the necessity of its existence. It hasbecome a unique example of global cooperation as a major UN body, such as the General Assembly, the Security Council, the Secretariat;and States, both those providing military and police contingents and those receiving missions.Given all the shortcomings and problems that have arisen during peacekeeping missions for half a century, in 2000 the UN beganreforming the peacekeeping mechanism, which continues to this day.Since 1948, UN peacekeeping has evolved significantly and become much more effective, but there are still problems with thelegitimacy of UN missions, human rights violations and others.

Universal Declaration of Human Rights

1996 ◽  
pp. 69
Author(s):  
Editorial board Of the Journal
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Universal Declaration ◽  
General Assembly ◽  
The United Nations

GENERAL DECLARATION OF HUMAN RIGHTS Adopted and proclaimed in resolution 217 A (III) of the General Assembly of the United Nations of 10.12.1948

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