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Administrative Justice in the UN

Procedural Protections, Gaps and Proposals for Reform

Niamh Kinchin

The UN’s capacity as an administrative decision-maker that affects the rights of individuals is a largely overlooked aspect of its role in international affairs. This book explores the potential for a model of administrative justice that might act as a benchmark to which global decision-makers could develop procedural standards. Applied to the UN’s internal justice, refugee status determination, NGO participation and the Security Council, the global administrative justice model is used to appraise the existing procedural protections within UN administrative decision-making.
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Chapter 3: The Formal Internal Justice System of the UN

Niamh Kinchin

Extract

The UN’s Formal Internal Justice System is its primary forum for dispute resolution relating to employment. The model of global administrative justice is applied to the justice system, with a focus on the UN Dispute and Appeals Tribunals, because it produces administrative decisions that are made pursuant to formal power, which affect the rights, interests or obligations of UN staff members.Whilst the justice system ensures that the UN Tribunals are governed by appropriate procedural rules and regulations, such regulations can be complex which, along with issues of location and inclusivity, can diminish accessibility. Analysis of the procedures and decision-making that occur within the internal justice system through the lens of the global administrative justice model reveal a highly complex, often over-burdened system that does its best to articulate and implement good procedural practice, but that can be stultified by under-resourcing, structural complexities and a lack of reach.

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