Full Description
This book addresses the topic of judicial review in international administrative law, focusing in particular on the case law of the most established international administrative tribunals (e.g the United Nations Appeal and Dispute Tribunals, the Administrative Tribunal of the International Labor Organization, the one of the Inter-American Development Bank Group, the International Monetary Fund, the World Bank and the Organization of American States) as well as, the major challenges faced by these jurisdictions at the present time, when dealing with grievances of international civil servants.
The book is composed of seven chapters, written by legal professionals (all of them with significant experience in international administrative law) and address different subjects, such as, "the doctrine of acquired rights", the institutional setting of the administrative tribunal of the Inter-American Development Bank Group, legal standing and the role played by staff associations in the context of judicial review of administrative decisions.
The purpose was to identify the main constraints staff associations face and discuss whether it is possible (and if so, how) for those associations to challenge decisions of an administrative and regulatory nature.
The three final chapters of the book are inter-related and address the most difficult challenges in this jurisdiction, since they focus on investigations for misconduct, including harassment, and disciplinary procedures.
The authors addressed the role and mandate of the investigators, the means at their disposal to pursue those functions, as well the different standards of proof applied by administrative tribunals to disputes in these areas.
Contents
Highlights on the doctrine of Acquired Rights and the jurisprudence of international administrative tribunals.- Institutional Setting of Administrative Tribunals: The case of the Inter-American Development Bank Administrative Tribunal (IDBAT), with references to its peers.- Legal standing and the role of staff associations before (international) Administrative Tribunals.- Harassment Investigations in International Organizations: Rights of Claimants under the Jurisprudence of the International Labour Organization Administrative Tribunal.- The United Nations jurisprudence on pre-disciplinary cases involving sexual exploitation and abuse.- Divergent Standards of Proof Currently Applied by International Administrative Tribunals in Serious Misconduct Cases: An Evolving Snapshot.- Reasonable doubt about 'beyond reasonable doubt' in international administrative law.
