An International Administrative Procedural Law of Fair Trial: Reality or Rhetoric?

Vol 21, Max Planck Yearbook of United Nations Law (2018, Forthcoming)

King's College London Law School Research Paper No. 2018-20

68 Pages Posted: 20 Jul 2018

See all articles by Rishi Gulati

Rishi Gulati

Victorian Bar; London School of Economics - Law Department

Date Written: June 21, 2018

Abstract

Highlighting that the right to a fair trial in international law now forms an aspect of international administrative procedural law, I argue when international administrative tribunals administer justice to international civil servants, fair trial guarantees must be accorded. Particularly, in this paper I assess the two leading international administrative tribunals, the United Nations Dispute Tribunal and the Administrative Tribunal of the International Labour Organisation, in terms of their compliance with fair trial standards. Focusing on the jurisprudence of the International Court of Justice, I first show how what I call an international procedural law of fair trial has been developed and requires that basic due process guarantees must be accorded when delivering international administrative justice. I then develop fair trial standards with greater nuance, especially focusing on the quality of independence and impartiality. Then, the paper engages in a detailed analysis of the leading international administrative tribunals in terms of compliance with fair trial standards, concluding that significant deficits exist. If a fair trial for international civil servants is to be guaranteed, significant structural reforms are necessary.

Keywords: international dispute resolution, international organisations, international administrative law, international administrative tribunals, right to a fair trial

Suggested Citation

Gulati, Rishi, An International Administrative Procedural Law of Fair Trial: Reality or Rhetoric? (June 21, 2018). Vol 21, Max Planck Yearbook of United Nations Law (2018, Forthcoming), King's College London Law School Research Paper No. 2018-20, Available at SSRN: https://ssrn.com/abstract=3200559

Rishi Gulati (Contact Author)

Victorian Bar ( email )

C/- Clerk Green, 205 William Street, Melbourne
Melbourne, Victoria
Australia

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London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

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