Kryvoi, Yaraslau (2015) Fairness in international administrative law. International Organizations Law Review, 13 (2). ISSN 1572-3739 (In Press)
SSRN-id2740971.pdf - Accepted Version
Restricted to Repository staff only until 7 December 2017.
This Article analyses the notion and role of fairness in the procedural rules and practice of international administrative tribunals. After reviewing decisions of international administrative tribunals dealing with the notion of fairness it shows that tribunals rely on the concept of fairness to limit discretion of decision-makers, to fill gaps in law and to override written law to ensure fairness.
The Article makes suggestions as to how to reconcile the different visions and roles of fairness in international administrative law. It argues that with the further development of international administrative law tribunals should as much as possible rely on rules and principles formulated by external bodies rather than on their personal understanding of fairness.
|Subjects:||Law and criminal justice > Law|
|Depositing User:||Yarik Kryvoi|
|Date Deposited:||03 May 2016 09:45|
|Last Modified:||22 Oct 2016 16:13|
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