In Search of Coherence: Burden and Standard of Proof in International Administrative Law

2021 ◽  
Vol 18 (3) ◽  
pp. 507-539
Author(s):  
Jérémy Boulanger-Bonnelly ◽  
Louise Otis
Keyword(s):  
International Organizations ◽  
Administrative Law ◽  
Standard Of Proof ◽  
General Perspective

Abstract The authors explore the rules governing the burden and standard of proof in international administrative law, both from a general perspective and in specific contexts such as termination for misconduct, harassment, retaliation, performance and promotions, and service-incurred illnesses. They compare the rules applied by various international administrative tribunals with those applied by courts in domestic jurisdictions. They conclude that some international organizations should review their rules in the interest of coherence, and revert back to a contextualized application of the usual civil standard of proof instead of applying different standards depending on the circumstances.

Sources of International Organizations’ Law

2018 ◽  
Author(s):  
Jan Klabbers
Keyword(s):  
International Law ◽  
International Organizations ◽  
Administrative Law ◽  
Legal Obligation ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Law

This chapter reflects on the uncertainties regarding the question of why international organizations would be bound by international law. It places these uncertainties in the broader framework of a vague and ill-defined ‘turn to accountability’. As the chapter shows, international organizations are often held to account for wrongdoing without it being clear whether they have also violated an international legal obligation resting upon them. The chapter then discusses in some detail the 1980 WHO–Egypt advisory opinion of the International Court of Justice (ICJ) regarding whether the WHO could close their Alexandria office and move it to Jordan. Afterwards, the chapter reviews several recent attempts to overcome the ‘basis of obligation’ problem in the law of international organizations, such as the putative constitutionalization of international law or international organizations, the adoption of accountability models, and the emergence of Global Administrative Law.

Case Practice in International Administrative Law

1997 ◽  
Vol 10 (2) ◽  
pp. 295-303
Author(s):  
Edgar Hennis
Keyword(s):  
International Law ◽  
International Organizations ◽  
European Space Agency ◽  
Administrative Law ◽  
Legal Issues ◽  
Recent Case ◽  
Public International Law ◽  
Space Agency ◽  
Legal Questions ◽  
Administrative Procedures

International administrative law deals with legal recourse within public international organizations in respect of conflicts between employees (international civil servants) and the organization itself. Literature in this field of public international law is relatively scarce and jurisprudence is not easily accessible. Following a short survey of the main particulars in international administrative law this article will present a recent case in which the Appeals Board of the European Space Agency (ESA) rendered a decision. It deals with some typical legal issues which play a role in international administrative procedures. For practitioners, in particular, this case is an interesting example, of how international tribunals solve legal questions in respect of jurisdiction and substance.

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.

Privileges and Immunities of Global Public-Private Partnerships: A Case study of the Global Fund to Fight AIDs, Tuberculosis and Malaria

2009 ◽  
Vol 6 (2) ◽  
pp. 383-419 ◽  
Author(s):  
Davinia Abdul Aziz
Keyword(s):  
International Law ◽  
International Organizations ◽  
Global Fund ◽  
Institutional Design ◽  
Administrative Law ◽  
Public Private Partnership ◽  
Public Private Partnerships ◽  
Private Partnership ◽  
Scholarly Literature

AbstractThe question of whether it is at all appropriate to extend privileges and immunities regimes beyond international organizations to the increasingly ubiquitous global public-private partnership structure has received little attention to date in the scholarly literature. This article examines this question through a study of the Global Fund to Fight AIDS, Tuberculosis and Malaria, a permanent global public-private partnership that formally incorporates non-state actors as equal players in its core governance structures. The article concludes that considerations of genesis and administrative law-type analyses of institutional design may, to some extent, substitute for the constituent treaty of classical international law in order to identify which global public-private partnerships should benefit from privileges and immunities, as well as the specific privileges and immunities to be granted in each case to facilitate the effective fulfilment of these partnerships' mandates.

Mandate Issues in the Activities of the International Fund for Agricultural Development (IFAD)

2009 ◽  
Vol 6 (2) ◽  
pp. 447-477
Author(s):  
Rutsel Silvestre Martha
Keyword(s):  
International Organizations ◽  
Agricultural Development ◽  
Administrative Law ◽  
International Organization ◽  
Intergovernmental Organizations ◽  
Legal Counsel ◽  
Practical Effect ◽  
International Fund

AbstractQuestions of mandate are central in the actual operations of intergovernmental organizations within secretariats, in opinions of legal counsel, and in governing councils and general assemblies. Mandate issues can impose real constraints, or generate demands for action, or be brushed aside in some political circumstances. Overall they are a significant and perplexing part of the administrative law of international organizations. This paper explores the highly varied practical effect of mandate issues on operations of an international organization, through analysis of diverse approaches to mandate constraints and aspirations in ventures of the International Fund for Agricultural Development (IFAD).

FIXING THE BOUNDARIES OF THE CONCEPT OF CRIME: THE CHALLENGE FOR HUMAN RIGHTS

2005 ◽  
Vol 54 (3) ◽  
pp. 719-734 ◽  
Author(s):  
Audrey Guinchard
Keyword(s):  
Criminal Law ◽  
Common Law ◽  
Basic Feature ◽  
Administrative Law ◽  
Criminal Sanction ◽  
Standard Of Proof ◽  
Criminal Sanctions ◽  
Civil Proceedings ◽  
The Common ◽  
Substantive Law

In England and Wales, as elsewhere, criminal law stands in sharp contrast to other systems of social control. Criminal offences and their related penalties are clearly distinguishable from civil wrongs and their associated (civil) sanctions. And because the term ‘civil law’ refers not only to the domain of torts, but also encompasses administrative law, criminal penalties are, in addition, distinguished from the administrative or regulatory sanctions. This ‘distinction between criminal and civil justice has been such a basic feature of the common law’1that it shapes not only substantive law but also the organization of the courts into civil, criminal and sometimes administrative chambers or divisions. More importantly, the distinction between civil and criminal sanctions will lead to the application of different procedural rules: civil proceedings, used for the imposition of civil sanctions, are less stringent that their criminal counterpart applied when the offender faces a criminal sanction. This more gentle approach can be detected in both the burden and standard of proof.

scholarly journals Public-Private Partnership In The Republic Of Uzbekistan: Foreign Theory And Problems Of Defining The Regulatory Sector

2021 ◽  
Vol 03 (04) ◽  
pp. 10-15
Author(s):  
Bakhtiyor Kayumov ◽  
Keyword(s):  
International Organizations ◽  
Civil Law ◽  
Administrative Law ◽  
Public Private Partnership ◽  
Point Of View ◽  
Private Partnership ◽  
International Theory ◽  
The Republic ◽  
Relationship Of ◽  
The Relationship

In this article, the author examines the problems of defining public-private partnership (PPP) from the point of view of the international theory and the experience of the Republic of Uzbekistan in this area. The views of foreign theorists, relevant international organizations, and scientists of the Republic of Uzbekistan regarding the term PPP are studied in detail. The author analyzes the relationship of PPP with the civil law contract and administrative law and concludes that the PPP agreement is classified as an unnamed contract in the Civil Code of the Republic of Uzbekistan. In conclusion, the author gives a proposal for improving the legislation of the Republic of Uzbekistan in the field of PPP.

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