Due Process Rights at the United Nations: Fairness and Effectiveness in Internal Investigations

2012 ◽  
Vol 9 (2) ◽  
pp. 339-381 ◽  
Author(s):  
Matthieu Waechter

International organizations have a duty to combat frauds and other wrongdoings in their midst – with due respect for the rights of their staff members. Internal investigation is a tool for administration of internal justice and oversight. There are currently discussions within the United Nations System regarding who should conduct these investigations, and most importantly how. Discussion topics include discretionary authority to initiate an investigation and to outline its appropriate scope, standard of evidence, legal representation, timing of the disclosure of evidence and other due process considerations. This contribution discusses the cost of some selected due process policies and calls for balancing fairness and effectiveness objectives in investigation, keeping in mind both the rights of staff members and the public good objectives for which donors entrust funds to international organizations.

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 3-7 ◽  
Author(s):  
Antonios Tzanakopoulos

Devika Hovell’s article is a very welcome and useful contribution to the debate regarding the “accountability” (whatever the term may mean) of international organizations, and the United Nations in particular. The author argues that scholarship has tended to focus on (descriptive) state practice to the detriment of (normative) theoretical appeal, and so the relevant discussion “has received inadequate theoretical attention.” In response, she sets out to tell the story of the United Nations being held to account through a highly theorized (and, if I may venture even at the outset, perhaps a bit stylized) scheme of contrasting “instrumentalist,” “dignitarian,” and “public interest” approaches to due process. This she applies to two case studies, one regarding targeted sanctions imposed by the UN Security Council, mainly in the context of antiterrorism; and one regarding the cholera outbreak in Haiti, where the United Nations has been implicated. Hovell critiques both the instrumentalist and dignitarian approaches, which correspond in broad terms to legal action at the international, and the domestic/regional level, respectively, and argues in favor of a “public interest” approach as better reflecting a “value-based” due process.


IFLA Journal ◽  
2019 ◽  
Vol 46 (1) ◽  
pp. 64-71
Author(s):  
Linda Stoddart

No one disputes that knowledge is the lifeblood of international organizations and especially specialized agencies of the United Nations. However, there has been little consensus on the best methods to share knowledge, leverage the extensive international expertise and make it available to the constituents and partners of these organizations. What is their strategy for managing knowledge? Do they have one? What impact does it have? What is the role of senior management in championing knowledge sharing in these international organizations? These are the questions this paper addresses through the lenses of the evaluations of current knowledge sharing practices in two institutions located in Geneva, Switzerland, both part of the United Nations system.


International Organizations - *1.La Belgique et les Nations Unies. (New York: Manhattan Publishing Company, 1958. Pp. xi. 372. $3.00.) - 2.Jorge Castaneda: Mexico and the United Nations. (New York: Manhattan Publishing Company, 1958. Pp. xi, 244. $3.00.) - 3.Uruguay and the United Nations. (New York: Manhattan Publishing Company, 1958. Pp. xi. 129, $3.00.) - 4.Norman Harper and David Sissons: Australia and the United Nations. (New York: Manhattan Publishing Company, 1959. Pp. xiii, 423. $3.00.) - 5.Japan and the United Nations. (New York: Manhattan Publishing Company, 1958. Pp. xv, 246. $3.00.) - 6.William A. Scott and Stephen B. Whithey: The United States and the United Nations: The Public View, 1945–1955. (New York: Manhattan Publishing Company, 1958. Pp. xiii, 314. $3.00.) - 7.Robert M. Maclver: The Nations and the United Nations. (New York: Manhattan Publishing Company, 1959. Pp. xi, 186. $3.00.) - 8.Maurice Bourquin: L'Etat Souverain et L'Organisation Internationale. (New York: Manhattan Publishing Company, 1959. Pp. viii, 247. $3.00.) - 9.Yves Collart: Disarmament: A Study Guide and Bibliography on the Efforts of the United Nations, published under the auspices of the World Federation of United Nations Associations. (The Hague: Martinus Nijhoff, 1958. Pp. x, 110. $.80). - 10.European Yearbook, Vol. IV, published under the auspices of the Council of Europe. (The Hague: Martinus Nijhoff, 1958. Pp. xxi. 708. $9.94.) - 11.La Belgique Et L'Aide Economique Aux Pays Sous-Développés. (Brussels and The Hague: Institut Royal des Relations Internationales and Martinus Nijhoff, 1959. Pp. 529. $9.31.)

1960 ◽  
Vol 22 (2) ◽  
pp. 269-274
Author(s):  
Stephen D. Kertesz

1950 ◽  
Vol 4 (3) ◽  
pp. 543-544

First established at the International Penitentiary Congress of London in 1872, the International Penal and Penitentiary Commission was organized as it now exists by constitutional regulations adopted in 1880, confirmed in 1886, and revised in 1926, 1929, 1946 and 1948. Eleven international congresses have been convened, the last in Berlin in 1935; and the commission held its most recent meeting in Bern in August of 1949. The commission took as its terms of reference responsibility for promoting exchanges of views among expert penologists of all countries in order to develop standards and advise as to the development of progressive methods of preventing crime and treating offenders: The expenses for 1949 were estimated at 121,400 Swiss francs ($28,365), payable by the members at a ratio of 170 Swiss francs ($39.64) per one million inhabitants. By a resolution of October 16, 1948, the commission and other major international organizations concerned with the prevention of crime and treatment of offenders agreed on the various aspects of the field in which each would work and on cooperation with the United Nations. ILO, WHO, and UNESCO were among the specialized agencies which agreed to the resolution. A later resolution on cooperation with the United Nations, adopted by the commission in August 1949 was reviewed by ECOSOC which, in turn, requested the United Nations Secretary-General to coatinue consultations with IPPC with a view toward its integration in the United Nations system.


2014 ◽  
Vol 10 (2) ◽  
pp. 588-600 ◽  
Author(s):  
Nico Schrijver

Since the end of the Cold War, international organizations have frequently called upon their member States to respect the principles of good governance and international law. Increasingly, however, questions are raised concerning the behaviour of international organizations themselves and whether their own practice corresponds to what they expect from their member States. In other words: do organizations practise what they preach? Since many international organizations aim to promote respect for human rights and fundamental freedoms, it is reasonable to consider the extent to which these organizations respect such rights and freedoms themselves. Given the immunity of the United Nations, this paper examines some alternative legal procedures for the settlement of claims against the United Nations, taking into consideration contemporary international principles in relation to access to court, due process and reparation. It concludes with a number of recommendations.


2021 ◽  
Author(s):  
Courtney J Fung ◽  
Shing-hon Lam

Abstract A developing public commentary views China as exerting influence in international organizations to legitimize and disseminate PRC foreign policy values and interests. This article examines an understudied source identified by PRC elites to promote influence in the United Nations system: dispatching PRC nationals as international civil servants, specifically in a targeted pursuit of executive leadership positions. Using decades of UN staffing data, we find that apart from Russia, China holds the fewest executive leadership posts among the aspiring and permanent members of the UN Security Council. Moreover, China is yet to lead an agency addressing international security matters. US and European staff contributions are significantly higher at all staffing levels of the international civil service. Still, the data shows that China made modest, targeted gains in most specialized UN agencies, and agencies headed by PRC nationals show faster increases in PRC staff members, though all base numbers were low. We draw from Chinese-language sources to discuss issues facing China in increasing its international civil service numbers, affecting the country's ability to shape global governance.


2014 ◽  
Vol 83 (1) ◽  
pp. 39-60 ◽  
Author(s):  
Auke Willems

This article analyses the judgment of the European Court of Human Rights in the case of Nada v. Switzerland from the perspective of individual due process rights and the wider constitutional implications. In Nada v. Switzerland, the Strasbourg Court was asked to rule on the conformity of a State Party to the European Convention on Human Rights in its implementation of the United Nations individual counter-terrorist sanctions regime. The Court found violations of an applicant’s right to respect for private and family life and right to an effective remedy. What the Court did not do was rule on the wider questions of hierarchy, i.e. the relationship between the Convention and binding resolutions by the United Nations Security Council that have precedence over any other international agreement by virtue of Article 103 UN Charter. By choosing to harmonise norms originating in different legal contexts, the Court avoided this fundamental question. However, elements of pluralism and constitutionalism can be found in the judgment. By not giving precedence to the United Nations sanctions regime, the Court has implicitly made a statement about the question of hierarchy, while at the same time managing to uphold its primary task of safeguarding States Parties’ compliance with the Convention.


1960 ◽  
Vol 14 (2) ◽  
pp. 277-290 ◽  
Author(s):  
Robert E. Riggs

For almost a decade commentators on international organization have nurtured the myth that the UN Charter was originally ‘oversold’ to the American public by enthusiastic supporters, who represented the organization as a panacea for the ills of twentieth-century world politics. So unrealistic were the expectations created by this publicity barrage, so the story runs, that subsequent disillusionment with die UN was inevitable. Although propagated with many variations, the myth finds a classic formulation in the words of Henry Cabot Lodge, Jr., uttered before the House Subcommittee on International Organizations and Movements, July 8, 1953: ‘The United Nations,’ said Ambassador Lodge, ‘was oversold. It was advertised entirely as an automatic peace producer. All we had to do was sign on die dotted line—so it was said—and all our troubles would be over’. A recent volume on international relations, currently in use as a college text, restated the myth in a some what less extreme form: ‘Considered a towering edifice of strength in 1945, the United Nations was often shrugged off in the early 1950's with the damning phrase, ‘debating society.’ Because expectations had been so extravagant, the achievements of the United Nations seemed ridiculously trivial to many who had expected a Utopian revolution in international relations that the United Nations could not hope to provide.” Other variations on the theme are no doubt familiar to students of international organization. Use of the expression ‘myth’ implies no denial that ‘a veritable wave of propaganda and influence was generated on behalf of American membership’ in the UN. The country was flooded with information, from bodi government and private sources, designed to win over the public to the desirability of postwar international organization. It is also true that those engaged in selling the UN to the public tried to give their arguments an optimistic, hopeful tone. Recalling the League's fate, they emphasized the differences between the League and the proposed new organization rather than their patent similarities. Often they were guilty of oversimplifying the facts of world politics upon which the future of the UN would necessarily depend. The growing split between Russia and the Western allies, so ominous for the new organization, was not usually highlighted in speeches urging the establishment of the UN. A vigorous selling campaign was unquestionably conducted.


2010 ◽  
Vol 7 (2) ◽  
pp. 261-275 ◽  
Author(s):  
Paolo Vargiu

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.


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