The Law Applied by International Administrative Tribunals: From Autonomy to Hierarchy
35 Pages Posted: 23 Sep 2014 Last revised: 30 Jun 2015
Date Written: 2015
This Article examines the law applied by the administrative tribunals of international organizations when resolving disputes between international organizations and international civil servants. The analysis suggests that international administrative tribunals primarily rely on employment contracts and internal law of international organisations while only rarely referencing international law.
This Article argues that international administrative tribunals should specifically define in their relevant statutes the sources of law applicable to international administrative disputes and that they should distinguish such sources from non-legal norms. The Article further notes the modern trend of international administrative tribunals of giving more weight to general principles of law.
It ultimately argues that these tribunals should establish the supremacy of international law, particularly fundamental principles of international labor law, over the internal law of international organizations. The establishment of such a hierarchy will make international administrative law more legitimate, coherent, and predictable.
Keywords: international organisations, international civil servants, international administrative law, employment relations, international public law
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