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

Author(s):  
Jan Klabbers

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.


1997 ◽  
Vol 10 (2) ◽  
pp. 295-303
Author(s):  
Edgar Hennis

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.


2016 ◽  
Vol 13 (2) ◽  
pp. 255-272
Author(s):  
Yaraslau Kryvoi

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.


Policy Papers ◽  
2017 ◽  
Vol 2017 (61) ◽  
Author(s):  

Fund staff use indicators developed by other organizations as input into analysis in surveillance and, to a lesser extent, in program work. While the Fund has been able to rely on data and statistics provided by member countries and compiled internally, continued efforts to foster global economic and financial stability require staff to work with indicators drawn from numerous third-party compilers. These indicators of varied qualities are used to measure concepts such as business environment, competitiveness, and quality of governance. It is anticipated that staff will continue to draw on other institutions’ expertise and estimates. This practice is consistent with the Executive Board’s guidance in areas where internal expertise is lacking or limited. It also puts a premium on staff’s understanding of the third-party indicators (TPIs) used to add analytical value, avoid flawed conclusions and presentation, and support traction with the membership. This paper outlines a framework to promote best practice with respect to use of TPIs in Fund reports. The framework will apply to all documents that are subject to the Fund’s Transparency Policy. Staff are encouraged to follow similar guidelines for other Fund documents. It draws on lessons from the current practice in the Fund and other selected international organizations (IOs), and insights from the application of an adapted data quality assessment framework (DQAF) to a subset of TPIs commonly used by Fund staff. Common good practices across IOs include the emphasis on staff judgment, review, and consultation with stakeholders.


2009 ◽  
Vol 6 (2) ◽  
pp. 383-419 ◽  
Author(s):  
Davinia Abdul Aziz

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.


2009 ◽  
Vol 6 (2) ◽  
pp. 447-477
Author(s):  
Rutsel Silvestre Martha

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).


2013 ◽  
Vol 4 (1) ◽  
pp. 103-124 ◽  
Author(s):  
Gabrielle SIMM ◽  
Andrew BYRNES

Since the 1960s, over eighty international peoples’ tribunals have been established outside formal state and international structures. Many have drawn on the forms and procedures of state-sponsored international tribunals and investigated whether states, international organizations, and transnational corporations have violated established norms of international law, while also seeking to infuse it with more progressive values. This paper first provides an overview of the history of international peoples’ tribunals in Asia, then examines three tribunals that have focused on situations in Asia. We argue that not only do peoples’ tribunals respond to a perceived gap in official structures of accountability, but they also perform other functions. These include building solidarity and networks, and recording and memorializing otherwise unacknowledged experiences. Further, such tribunals not only engage in holding states and others accountable informally but also articulate claims about the right of civil society to “own”, interpret, and develop international law.


Author(s):  
Bakhtiyor Kayumov ◽  

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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