Judicial Review in International Administrative Law

This book addresses the topic of judicial review in international administrative law, focusing in particular on the case law of a number of the most established international administrative tribunals (the United Nations Appeals Tribunal and Disputes Tribunal, the Administrative Tribunals of the International Labour Organization, the Inter-American Development Bank Group, the International Monetary Fund, the World Bank, and the Organization of American States) and the major challenges faced by their jurisdictions at the present time when dealing with grievances of international civil servants. The first chapter addresses issues of jurisdictional immunity of international organizations and the establishment of internal justice mechanisms, and examines from a comparative perspective the differences between peer-review systems and judicial systems in different organizations. The second chapter is devoted to the topic of judicial independence of administrativejudges, including an analysis of their role and mandates, while discussing the different systems that co-exist in this field of law. The third chapter is dedicated to legal standing before these tribunals and the role played by staff associations in the course of judicial procedures. The objective is to identify the main constraints these staff associations face and discuss whether it is possible (and if so how) for them to challenge decisions of a regulatory nature. The two final chapters are inter-related and address the most difficult challenges of this jurisdiction as both focus on investigations for misconduct, including harassment, and disciplinary procedures. In this chapter, the authors address the role and mandate of the investigators and 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.