Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-vvkck Total loading time: 0 Render date: 2024-04-25T10:25:53.077Z Has data issue: false hasContentIssue false

3 - Assessing Dispute Resolution Mechanisms at International Organisations

Published online by Cambridge University Press:  10 March 2022

Rishi Gulati
Affiliation:
London School of Economics and Political Science
Get access

Summary

This chapter assesses the compliance of institutional DRMs with the fair trial criteria developed. Three types of DRMs will be subjected to scrutiny. These are permanent judicial mechanisms, arbitration and non-judicialised DRMs. As judicial mechanisms are principally established to resolve employment disputes, the focus is on the leading international administrative tribunals, namely, the UN Dispute and Appeals Tribunals and the Administrative Tribunal of the International Labour Organisation. Second, the chapter will focus on the role international arbitration plays in resolving claims against IOs. The chapter shows that little thought has been given to implement arbitration as a sustainable and viable option to resolve claims against IOs. Unless a specialised arbitral regime is created that takes into account the particularities of disputes involving IOs, the chances of arbitration providing for an appropriate DRM are dim. Finally, the chapter makes a brief comment on non-judicialised DRMs, such as ombudsperson processes. While such DRMs play an important complementing role, they cannot replace an independent and impartial forum empowered to render a binding judgment. Finally, the chapter highlights that alarmingly, in too many situations, private parties cannot access any DRM at the international level at all. Access to justice is thus comprehensively undermined.

Type
Chapter
Information
Access to Justice and International Organisations
Coordinating Jurisdiction between the National and Institutional Legal Orders
, pp. 70 - 130
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×