Judicial Review in International Administrative Law

This book addresses the topic of judicial review in international administrative law, focusing in particular on the case law of the most established international administrative tribunals (e.g the United Nations Appeal and Dispute Tribunals, the Administrative Tribunal of the International Labor Organization, the one of the Inter-American Development Bank Group, the International Monetary Fund, the World Bank and the Organization of American States) as well as, the major challenges faced by these jurisdictions at the present time, when dealing with grievances of international civil servants.

The book is composed of seven chapters, written by legal professionals (all of them with significant experience in international administrative law) and address different subjects, such as, the doctrine of acquired rights, the institutional setting of the administrative tribunal of the Inter-American Development Bank Group, legal standing and the role played by staff associations in the context of judicial review of administrative decisions.

The purpose was to identify the main constraints staff associations face and discuss whether it is possible (and if so, how) for those associations to challenge decisions of an administrative and regulatory nature.

The three final chapters of the book are inter-related and address the most difficult challenges in this jurisdiction, since they focus on investigations for misconduct, including harassment, and disciplinary procedures.

The authors addressed the role and mandate of the investigators, the means at their disposal to pursue those functions, as well the different standards of proof applied by administrative tribunals to disputes in these areas.

Innovative and groundbreaking approach to international administrative law Insights from judges and practitioners on the workings of the internal justice systems Reviews comparatively and critically the standards of proof in misconduct and harassment cases

Auteur

Teresa Bravo, PhD, is an international judge in the field of International Administrative Law, with more than 25 years of judicial experience. Between 2016 and 2023 she was the full-time judge at the United Nations Dispute Tribunal in Geneva, where she served as President in 2019. In July 2022, she was appointed as judge President of the newly created NATO Mission Appeals' Tribunal in Naples and since, June 2022 she is the Chairperson of the Administrative Review Committee of the European Bank for Reconstruction and Development, based in London. Between February and April 2022 she reviewed and assessed the functioning of the internal justice system of the World Health Organization, based in Geneva, drafted and prepared a Report with a set of recommendations to the Director General. In July 2023 she was selected and appointed as a judge of the Asian Development Bank Administrative Tribunal in Manila. As of 01 July 2024, she is the President of the IADB- Administrative Tribunal in Washington DC. She holds a PhD in European and International Criminal Law, published her thesis in 2017 titled "Ne Bis In idem in European Criminal and Competition Law," and, between 2011 and 2013, was a guest researcher at the Max-Planck Institute in Freiburg im Breisgau. She has also lectured in labor law at Nova Law School, in Lisbon, and has authored several publications in criminal law, European, and labor law.

Kieran Bradley is a judge of the Administrative Tribunals of the IMF and of the IADB Group, and judge or chair of the administrative tribunal, appeals board or disciplinary committee of an number of international organizations (IMO, ESA, ECMWF, ESM, SKAO) and European Union bodies (ECB, EIB, ENISA). He was previously a member (and Vice-Chair) of the EU Fundamental Rights Agency. From 2011 to 2016, he was a judge of the EU Civil Service Tribunal and, prior to that, the Director for Administrative Law of the Legal Service of the European Parliament. He is an Adjunct Professor at Trinity College Dublin, and a visiting professor at the Global School of Law (Lisbon), and the Autonomous University of Barcelona. He has a PhD from the University of Cambridge and has published extensively in the fields of European Union, administrative law and the protection of fundamental rights.

Contenu

Highlights on the doctrine of Acquired Rights and the jurisprudence of international administrative tribunals.- Institutional Setting of Administrative Tribunals: The case of the Inter-American Development Bank Administrative Tribunal (IDBAT), with references to its peers.- Legal standing and the role of staff associations before (international) Administrative Tribunals.- Harassment Investigations in International Organizations: Rights of Claimants under the Jurisprudence of the International Labour Organization Administrative Tribunal.- The United Nations jurisprudence on pre-disciplinary cases involving sexual exploitation and abuse.- Divergent Standards of Proof Currently Applied by International Administrative Tribunals in Serious Misconduct Cases: An Evolving Snapshot.- Reasonable doubt about 'beyond reasonable doubt' in international administrative law.