Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Casenote: The Bustani Case Before the ILOAT

Casenote: The Bustani Case Before the ILOAT <jats:sec><jats:title>Abstract</jats:title><jats:p>On one reading the decision of the International Labour Organisation Administrative Tribunal (ILOAT) on the complaint of Jose Bustani against Organisation for the Prohibition of Chemical Weapons (OPCW) appears to take the law of international organisations in new directions in relation to the vexed question of judicial review of the acts of the political organs of international organisations. The judgment purports to set aside a decision of the plenary organ of the OPCW to remove its Director-General before the expiry of his fixed-term employment contract. However, the position of the chief administrative officer of an international organisation has a dual aspect, in that as well as being an employee of the organisation he or she also plays a significant "constitutional" role as part of the structure of the organisation, with significant responsibilities contributing to the fulfilment of its functions. The judgment of the ILOAT seeks as far as possible to treat the Director-General as simply an employee of the organisation and only occasionally focuses on his broader role within the organisation.</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Organizations Law Review Brill

Casenote: The Bustani Case Before the ILOAT

Loading next page...
 
/lp/brill/casenote-the-bustani-case-before-the-iloat-yuyWLCVStB

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
© 2004 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1572-3739
eISSN
1572-3747
DOI
10.1163/1572374043242358
Publisher site
See Article on Publisher Site

Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>On one reading the decision of the International Labour Organisation Administrative Tribunal (ILOAT) on the complaint of Jose Bustani against Organisation for the Prohibition of Chemical Weapons (OPCW) appears to take the law of international organisations in new directions in relation to the vexed question of judicial review of the acts of the political organs of international organisations. The judgment purports to set aside a decision of the plenary organ of the OPCW to remove its Director-General before the expiry of his fixed-term employment contract. However, the position of the chief administrative officer of an international organisation has a dual aspect, in that as well as being an employee of the organisation he or she also plays a significant "constitutional" role as part of the structure of the organisation, with significant responsibilities contributing to the fulfilment of its functions. The judgment of the ILOAT seeks as far as possible to treat the Director-General as simply an employee of the organisation and only occasionally focuses on his broader role within the organisation.</jats:p> </jats:sec>

Journal

International Organizations Law ReviewBrill

Published: Jan 1, 2004

There are no references for this article.