Procedural fairness as a precondition for immunity of international organizations

Kryvoi, Yaraslau (2016) Procedural fairness as a precondition for immunity of international organizations. International Organizations Law Review, 13 (2). pp. 255-272. ISSN 1572-3739

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Abstract

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.

Item Type: Article
Additional Information: © 2017 Koninklijke Brill NV
Uncontrolled Keywords: sources of law; international civil service; due process; International Institutional Law; international administrative tribunals
Subjects: Law and criminal justice > Law
Depositing User: Yarik Kryvoi
Date Deposited: 03 May 2016 09:45
Last Modified: 20 Apr 2017 13:16
URI: http://repository.uwl.ac.uk/id/eprint/2003

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