Procedural Fairness as a Precondition for Immunity of International Organizations

13(2) International Organizations Law Review, 2016

18 Pages Posted: 7 Mar 2016 Last revised: 2 May 2018

See all articles by Y. Kryvoi

Y. Kryvoi

The British Institute of International and Comparative Law (BIICL)

Date Written: March 2, 2016

Abstract

This article analyses the notion and role of fairness in the procedural rules and practice of international administrative tribunals.

It first demonstrates the importance of fair procedures in international administrative law by giving an overview of cases in national courts in which the failure to guarantee fair procedures resulted in the refusal to honour the immunity of international organizations.

It then analyses the notion of fairness expressed in the statutes and procedural rules and practice of international administrative tribunals, and shows that they apply the notion of fairness not only to procedural shortcomings, but also to the substantive examination of the reasonableness of decisions and policies.

Finally, the article examines the different roles the notion of fairness plays and how to reconcile the disparate visions and roles of fairness in international administrative law. It concludes by suggesting that international administrative tribunals should rely whenever possible on general principles of law or other sources of international administrative law, rather than on the notion of fairness.

Keywords: international institutional law, international civil service, due process, international administrative tribunals, sources of law

Suggested Citation

Kryvoi, Yarik, Procedural Fairness as a Precondition for Immunity of International Organizations (March 2, 2016). 13(2) International Organizations Law Review, 2016. Available at SSRN: https://ssrn.com/abstract=2740971

Yarik Kryvoi (Contact Author)

The British Institute of International and Comparative Law (BIICL) ( email )

Charles Clore House
17 Russell Square
London, WC1B 5JP
United Kingdom

HOME PAGE: http://www.kryvoi.net

Register to save articles to
your library

Register

Paper statistics

Downloads
72
Abstract Views
327
rank
324,550
PlumX Metrics