scholarly journals Procedural Fairness as a Precondition for Immunity of International Organizations

2016 ◽  
Vol 13 (2) ◽  
pp. 255-272
Author(s):  
Yaraslau Kryvoi
Keyword(s):  
International Organizations ◽  
Procedural Fairness ◽  
Administrative Law ◽  
Decision Makers ◽  
Rules And Principles ◽  
Written Law ◽  
Personal Understanding ◽  
Further Development

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.

4. Public Law

2019 ◽  
pp. 94-127
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford
Keyword(s):  
Decision Making ◽  
Constitutional Law ◽  
Environmental Law ◽  
Administrative Law ◽  
Public Law ◽  
Decision Makers ◽  
Aarhus Convention ◽  
Constituent Elements ◽  
Public Decision

This chapter explains the important role that public law, particularly administrative law, plays in environmental law. This role comes about because much of environmental law requires vesting decision-making and regulatory power in the hands of public decision-makers at all levels of government. This chapter begins by providing an overview of the different constituent elements of public law: constitutional law, administrative law, the role of the EU and international law, as well the complexities of this area of law. The chapter then moves on to consider the way in which the different types of interests involved in environmental problems and the need for information and expertise provide challenges for public law. The chapter then provides an overview of four major features of public law that are particularly relevant to environmental lawyers: the Aarhus Convention, accountability mechanisms, judicial review, and human rights.

scholarly journals The Second Most Difficult Job in the World

2020 ◽  
Vol 11 (2) ◽  
pp. 270-281
Author(s):  
Jan Klabbers
Keyword(s):  
World Health Organization ◽  
International Organizations ◽  
Practical Wisdom ◽  
Decision Makers ◽  
World Health ◽  
Costs And Benefits ◽  
Conflicting Demands ◽  
The World ◽  
Health Organization

This article addresses the ecology and functioning of the World Health Organization in a time of crisis, zooming in on the pressures on both the organization and its leadership generated by the circumstance that the organization cannot avoid allocating costs and benefits when taking decisions. The article argues that the covid-19 crisis illustrates how international organizations generally and the who in particular are subjected to conflicting demands, and how this impacts on the role of decision-makers. The latter, it transpires, need to display considerable practical wisdom.

scholarly journals National policies in ensuring access to quality and safety of drugs: A challenge or a prerequisite

2018 ◽  
Vol 8 (1) ◽  
Author(s):  
M. Hadipour Dehshal ◽  
M. Tabrizi Namini
Keyword(s):  
Developing Countries ◽  
International Organizations ◽  
Decision Makers ◽  
Essential Medicines ◽  
Pharmaceutical Companies ◽  
Patient Status ◽  
Important Challenge ◽  
Medical Delivery

Access to the essential medicines is an important challenge in the developing countries. To have access to the quality and affordable medicines, the pharmaceutical decision makers try different strategies. The production of generic and copy medicines is one of the strategies that if adopted based on the recognized standards and norms can be effective in raising the health status in the developing countries. However, the regulation enfeeblement has somewhat impaired the quality of generic and copy medicines and harmed the health life of consumers. Here we aim to reflect over the role of different beneficiaries including international organizations, governments, pharmaceutical companies, and NGOs in ensuring the feasible and sustainable access of citizens to the essential medicines. We also aim to highlight the importance of the patient status in the enhancement of the medical delivery.

scholarly journals The Devil Is in the Disclosure: The Role of R. v. Stinchcombe in Establishing Appropriate Disclosure Rules for Administrative Tribunals

1969 ◽  
pp. 717
Author(s):  
Alice Woolley
Keyword(s):  
Decision Making ◽  
Supreme Court ◽  
Procedural Fairness ◽  
Administrative Law ◽  
Supreme Court Of Canada ◽  
Administrative Process ◽  
The Supreme Court ◽  
Disclosure Rules ◽  
The Devil

This article examines disclosure rules for administrative tribunals in light of the decision of the Supreme Court of Canada in R. v. Stinchcombe. The pre- and post-Stinchcombe administrative law cases relating to document disclosure are discussed with a view to determining the effect that Stinchcombe has had on the administrative process. It is argued that Stinchcombe has had a significant impact on judicial and legislative opinions regarding the importance of document disclosure on procedural fairness in administrative decision-making. However, the application of Stinchcombe in administrative law cases has been neither complete nor unanimous. The appropriateness of the principles of Stinchcombe in the context of proceedings before an administrative tribunal are discussed with specific regard to proceedings before the Alberta Energy and Utilities Board.

scholarly journals The Experience of International Organizations in Promoting the Development of Customs Authorities: a Projection on Ukraine

2020 ◽  
Vol 10 (513) ◽  
pp. 22-29
Author(s):  
M. Y. Adamiv ◽  
◽  
I. I. Kots ◽  
Keyword(s):  
International Cooperation ◽  
International Organizations ◽  
World Economy ◽  
International Security ◽  
The State ◽  
Successful Implementation ◽  
Global Level ◽  
The World ◽  
Rules And Principles ◽  
Further Development

The article is concerned with researching the experience of reputable international organizations on promoting the development and improvement of the work of customs authorities on the example of Ukraine. It is substantiated that the customs authorities of the country play an important functional role not only on the State, but also on the global level, participating in the formation of international security, intensification of foreign trade, development of the world economy, protection of the world’s population from dangerous and substandard products. Thus, ensuring the effective functioning of national customs systems is included in the list of priority tasks not only of the authorities of individual countries, but also of leading international organizations. The integrated efforts of authorized agents at both the State-based and the international levels to develop and improve the work of customs authorities are represented by the international customs cooperation. The research was based on a thorough study of the peculiarities of international cooperation between customs authorities around the world and, in particular, Ukraine. It was determined that in the conditions of functioning of the customs authorities of Ukraine in the structure of the State Fiscal Service, international cooperation remained at a fairly low level of development. Thus, the relevance of activation of the development of interaction between the customs authorities of Ukraine and the international organizations in order to successfully reform the national customs system as an independent authority is substantiated. On the basis of the results obtained, it is identified that today the key international organizations that actively contribute to the functioning and development of customs authorities are the following: the World Customs Organization, the Organization for Democracy and Economic Development, the European Bureau for Combating Fraud, the World Trade Organization. A comprehensive and thorough analysis of the activities of selected international organizations in the context of facilitating the development of customs authorities, including the example of Ukraine, was carried out. On the basis of examining the specialized materials and practices of international cooperation of customs authorities, it is determined that the activities of certain international organizations are directed to: support of work and solving problems of customs authorities in various spheres; providing technical, informational, consulting or financial assistance; improvement of implementation of certain customs operations; introduction of progressive customs instruments and technologies; exchange of best customs practices and experience; creation of a single customs environment by unification of customs rules and principles, etc. It is substantiated that an effective, permanent and mutually beneficial cooperation of the State authorities, including customs authorities, with leading international organizations is a powerful instrument for the development and improvement of the functioning of the national customs system in order to ensure the successful implementation of priority goals at both the national and the international levels. The results of the research can be used by representatives of customs authorities as a systematized informational base for the establishment and further development of cooperation with the major international organizations.

10. Procedural Fairness

2016 ◽  
Author(s):  
Mark Elliott ◽  
Jason Varuhas
Keyword(s):  
General Theory ◽  
Procedural Fairness ◽  
Administrative Law ◽  
Decision Makers ◽  
Legal Rules ◽  
Fair Treatment ◽  
Technical Area

This chapter examines the notion of procedural fairness as a technical area of administrative law. It begins with an overview of D. J. Galligan's attempt to provide what he calls ‘a general theory of fair treatment’ by addressing what it is that legal rules requiring procedural fairness might seek to achieve. It then considers the view that procedural fairness is valuable in both instrumental and non-instrumental terms before discussing two interlocking questions that must be confronted if the notion of procedural fairness is to be understood: when decision-makers are required to act fairly and what ‘acting fairly’ actually means. In particular, it explains the content of the duty to act fairly. Finally, it describes consultation as an element of procedural fairness. A number of relevant cases are cited throughout the chapter, including Cooper v. The Board of Works for Wandsworth District (1863).

scholarly journals Multilateralism and international governmental organizations: principles and instruments

2020 ◽  
Vol 14 (3) ◽  
pp. 337-350 ◽  
Author(s):  
Aleksander Surdej
Keyword(s):  
International Organizations ◽  
Building Blocks ◽  
Decision Makers ◽  
Content Type ◽  
Global Policy ◽  
Policy Problem ◽  
Governmental Organizations ◽  
Policy Problems ◽  
The Relationship

Purpose The purpose of this paper is to build a conceptual framework helping to understand the relationship between the principle of multilateralism in global policy relations and the role of international governmental organizations (IGOs). The paper develops conceptual building blocks to design adequate for international organizations for result-oriented effective multilateralism. Design/methodology/approach Literature review and in-depth theoretical analysis served to construct a framework that helps to see the variety of IGOs against global policy problems they serve to solve. Findings The analysis highlighted several lessons that can be learned, including the need for an efficient match between the nature of the global policy problem and the mandate and the size of IGO. The paper indicated the importance of efficient mechanisms to make international organizations accountable to member states while allowing for effective leadership. Research limitations/implications The heterogeneity of IGOs makes a generalization difficult, hence, the proposed framework necessarily remains relatively generic. Still, this paper provides a first analytical basis for the comparison of IGO with regard to global policy problems they have been set to solve. Practical implications The author pointed to the way how to improve the fit between global policy problems and IGOs to make multilateralism more effective. The framework can be used to learn what can be expected from a given IGO and to see IGOs in their proper roles. Social implications The paper might of interest to decision-makers and international public opinion eager to either criticize or praise international organizations based on a simplistic, if not ideological approaches. The paper develops arguments that help influence the evolution of international organizations. Originality/value IGO are increasing in number and forms leading to confusion to their role and impact. This framework can be used to realistically assess the role of IGOs in global public policies.

Cognitive Health Counseling 40+

2013 ◽  
Vol 21 (1) ◽  
pp. 24-33 ◽  
Author(s):  
Anne Eschen ◽  
Franzisca Zehnder ◽  
Mike Martin
Keyword(s):  
Outcome Variable ◽  
Pilot Phase ◽  
Subjective Memory ◽  
Cognitive Health ◽  
Health Counseling ◽  
Agents Of Change ◽  
Main Outcome Variable ◽  
Further Development

This article introduces Cognitive Health Counseling 40+ (CH.CO40+), an individualized intervention that is conceptually based on the orchestration model of quality-of-life management ( Martin & Kliegel, 2010 ) and aims at improving satisfaction with cognitive health in adults aged 40 years and older. We describe the theoretically deduced characteristics of CH.CO40+, its target group, its multifactorial nature, its individualization, the application of subjective and objective measures, the role of participants as agents of change, and the rationale for choosing participants’ satisfaction with their cognitive health as main outcome variable. A pilot phase with 15 middle-aged and six older adults suggests that CH.CO40+ attracts, and may be particularly suitable for, subjective memory complainers. Implications of the pilot data for the further development of the intervention are discussed.

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