World Bank Administrative Tribunal Research Articles

The Treatment of International Law in the Jurisprudence of the World Bank Administrative Tribunal

The objective of this work is to assess how international law has been treated in the jurisprudence of the World Bank Administrative Tribunal (wbat). In so doing, the work will not deliver a thorough synopsis of the Tribunal’s jurisprudence, but rather a tour d’horizon of its most significant decisions related to the accomplishment of the above-named task. The notion of treatment indicates here the tools through which wbat judges have challenged international law. wbat judges have utilized both negative and positive references when considering international law; negative treatment has been utilized to differentiate wbat from other judicial bodies, while positive treatment has been employed to support the reasoning of the wbat. In this framework, the approach of the wbat will be examined in order to establish if it is prone to accepting international rules. The level of reception of external sources is considered to be an indicator of the wbat’s universalism or provincialism. Therefore, the work tries to demonstrate if the wbat is incorporated into the system of international courts and if the Tribunal might be alleged as an anti-fragmentation or a harmonizing body at the international level. Like the other international jurisdictions, the wbat is a tribunal with a restricted subject matter jurisdiction that does not have anti-fragmentation as a component of its mandate. Nevertheless, as an evolving court, the wbat should be fitted to the present fragmented normative scenario. Moreover, the wbat is a prominent tribunal; its jurisprudence might have an influence on the jurisprudence of numerous international jurisdictions. As such, it might theoretically diminish fragmentation at the international level.

The World Bank Administrative Tribunal’s External Sources of Law: The Next Chapter (2006–2010) (Part II)

Abstract The World Bank Administrative Tribunal has begun its second quarter-century with a jurisprudential flowering of extraordinary proportions. Mr. Hansen’s study, which builds on his earlier 25-year retrospective, comprehensively surveys the Tribunal’s numerous doctrinal developments during this time. In this article, which is part two of two, Mr. Hansen revisits two of the four subjects explored in his retrospective: (i) the role of general legal principles as a source of Tribunal law, particularly with respect to the Tribunal’s recent and extensive due process jurisprudence; and (ii) the role of external case law as a source of Tribunal law, including decisions from international courts, international administrative tribunals, international arbitral tribunals and national courts. Extensively footnoted, Mr. Hansen’s study is intended for both academics and practitioners specializing in international administrative law and comparative international jurisprudence.

The World Bank Administrative Tribunal’s External Sources of Law: The Next Chapter (2006–2010) (Part I)

Abstract The World Bank Administrative Tribunal has begun its second quarter-century with a jurisprudential flowering of extraordinary proportions. Mr. Hansen’s study, which builds on his earlier 25-year retrospective, comprehensively surveys the Tribunal’s numerous doctrinal developments during this time. In this article, which is part one of two, Mr. Hansen revisits two of the four subjects explored in his retrospective: (i) the roles of the contract of employment, Bank rules, international treaties and national laws in the composition of the pactum established between a staff member and the Bank; and (ii) the development of binding custom from the practices of the Bank, other institutions and national governments. The third and fourth subjects, which deal with the Tribunal’s use of general legal principles and precedents drawn from international and domestic tribunals, shall be handled in the forthcoming second part of this study. Extensively footnoted, Mr. Hansen’s study is intended for both academics and practitioners specializing in international administrative law and comparative international jurisprudence.

How Many Hats Can a Player Wear: Arbitrator, Counsel and Expert?

How Many Hats Can a Player Wear: Arbitrator, Counsel and Expert? Get access Nassib G. Ziadé Nassib G. Ziadé Deputy Secretary-General, Visiting Professor, Editor-in-Chief and former Executive Secretary **International Centre for Settlement of Investment Disputes (ICSID); University of Miami School of Law; ICSID Review—Foreign Investment Law Journal; World Bank Administrative Tribunal Search for other works by this author on: Oxford Academic Google Scholar ICSID Review - Foreign Investment Law Journal, Volume 24, Issue 1, Spring 2009, Pages 49–64, https://doi.org/10.1093/icsidreview/24.1.49 Published: 01 March 2009

Problems of International Administrative Law: On the Occasion of the Twentieth Anniversary of the World Bank Administrative Tribunal

Problems of International Administrative Law: On the Occasion of the Twentieth Anniversary of the World Bank Administrative Tribunal

Cissé v. International Bank for Reconstruction and Development

117 International organizations — International administrative tribunals — World Bank Administrative Tribunal — Investigation — Misconduct — Due process — Anonymous accusations — Public activities and interests — Conflict of interest — National legislation as source of law — Bank practice as source of law — Waiver of right to invoke Tribunal’s jurisdiction

E v. International Bank for Reconstruction and Development

224 International organizations — International administrative tribunals — World Bank Administrative Tribunal — Family support owed by Bank staff members — Staff members’ private legal obligations — Withholding of compensation and benefits in misconduct cases — Bank practice as source of law — Investigation — Conduct of investigation by Ethics Office — Misconduct — Disciplinary procedures — Confiscation of staff property — Bank’s relationship to national authorities — Relationship of Tribunal to national courts — Implementation of national court judgment — Due process — Transparency — Bank immunity — Pension — Settlement of case

Conthe v. International Bank for Reconstruction and Development

149 International organizations — International administrative tribunals — World Bank Administrative Tribunal — Probationary appointment — Non-confirmation of appointment — Performance evaluation — Evaluation of senior management — Reassignment — Retaliation

D v. International Finance Corporation

196 International organizations — International administrative tribunals — World Bank Administrative Tribunal — Investigation — Misconduct — Abuse of position for financial gain — Acceptance of remuneration from outside parties in connection with Bank appointment — Failure to observe generally applicable norms of prudent professional conduct — Performance of service for outside entity — Retention and sharing of pornography — Application of amended staff rules — Proportionality of sanction — Due process — Administrative leave during investigation — Removal from office premises

Sengamalay v. International Bank for Reconstruction and Development

131 International organizations — International administrative tribunals — World Bank Administrative Tribunal — Reassignment — Redundancy — Withdrawal of redundancy — Retaliation — Anonymous accusations — Evaluation of management skills

The World Bank Administrative Tribunal's External Sources of Law: A Retrospective of the Tribunal's First Quarter-Century (1981–2005)

AbstractThe jurisprudence of the World Bank Administrative Tribunal has grown and evolved dramatically over its first quarter-century. Mr. Hansen's study comprehensively surveys the numerous doctrinal contributions provided by external sources during this time. Organized under rubrics suggested by Article 38 of the Statute of the International Court of Justice, which sets out that Court's sources of law, Mr. Hansen's study reviews: (i) the roles of the contract of employment, Bank rules, international treaties and national laws in the composition of the pactum established between a staff member and the Bank; (ii) the development of binding custom from the practices of the Bank, other institutions and national governments; (iii) the Tribunal's use of general legal principles drawn from other legal systems; and (iv) the Tribunal's use of international and domestic tribunal precedents. Extensively footnoted, Mr. Hansen's study is intended for both academics and practitioners specializing in international administrative law and dispute settlement.

Legitimate Expectation in the Case-law of the World Bank Administrative Tribunal

AbstractA long-standing tradition of administrative tribunals and other bodies has established the discretionary nature of administrative acts, which generally means that such acts are not subject to judicial review. However, this very concept has been qualified in a number of ways, particularly when some form of abuse of power or procedural irregularity taints the act. Legitimate expectation, dealing in part with procedural matters but also with substantive questions, has also been a concept inspiring the work of international administrative tribunals, which is the topic of this article.

The Jurisprudence of the World Bank Administrative Tribunal in 2002

The Jurisprudence of the World Bank Administrative Tribunal in 2002

Sovereignty Over Natural Resources: Balancing Rights and Duties. By Nico Schrijver Cambridge University Press, 1997

Journal Article Sovereignty Over Natural Resources: Balancing Rights and Duties. By Nico Schrijver Cambridge University Press, 1997 Get access Francisco Orrego Vicuña Francisco Orrego Vicuña Judge and Vice President World Bank Administrative Tribunal; Member of the Panels of Conciliators and Arbitrators of ICSID Search for other works by this author on: Oxford Academic Google Scholar ICSID Review - Foreign Investment Law Journal, Volume 14, Issue 1, Spring 1999, Pages 284–288, https://doi.org/10.1093/icsidreview/14.1.284 Published: 01 March 1999

Matta v. International Bank for Reconstruction and Development

428International organizations — Officials — Terms and conditions of employment — Termination of employment — Probationary staff member — Unsatisfactory performance — Duty of fairness — Treatment of applicant reflecting special consideration — Concept of due process — Whether respondent under duty to notify applicant of right of appeal — Respondent applying for disability pension on applicant's behalf — World Bank Administrative Tribunal — Procedure

Einthoven v. International Bank for Reconstruction and Development

467International organizations — Officials — Terms and conditions of employment — Reassignment of official contrary to his wishes — Discretion of organization — Needs of organization taking priority over official's preferences — Requirement that organization should act in a way which was not arbitrary or improperly motivated — Requirement that organization follow fair and reasonable procedure — Recommendation of Appeals Committee — Whether binding — Decision by Vice-President not to follow recommendationInternational tribunals — International administrative tribunals — World Bank Administrative Tribunal — Jurisdiction — Procedure — Review of decisions — Grounds for review — Tribunal not to substitute own discretion for that of decision maker

Justin v. World Bank

International organizations — Officials — Contract of employment — Conclusion of contract — Offer of appointment accepted by applicant — Condition that applicant successfully complete medical examination — Director of medical department concerned about applicant's age — Decision to withdraw offer of appointment — Whether reasonable — Whether Tribunal should overturn medical judgmentInternational tribunals — International administrative tribunals — World Bank Administrative Tribunal — Jurisdiction — Whether contract of employment ever concluded an issue — Whether within jurisdiction of Tribunal — Review of decisions — Circumstances in which Tribunal should overturn decision

Mendaro v. International Bank for Reconstruction and Development

646International organizations — Immunities — Immunity from jurisdiction of courts of host State — Employment dispute — Action for sex discrimination brought by member of staff against international organization — Officials — Terms and conditions of employment — General principles of law — Whether forming part of the conditions of employment — Prohibition of sex discrimination and sexual harassmentInternational tribunals — International administrative tribunals — World Bank Administrative Tribunal — Procedure — Late applications — Grounds for entertaining late application — Attempt to influence decision of Tribunal — Improper interference

Broemser v. International Bank for Reconstruction and Development

657International organizations — Officials — Terms and conditions of employment — Termination of employment — Unsatisfactory performance — Procedure to be followed — Concept of due process — Equity — Review by Tribunal of discretionary decision — Grounds for reviewInternational tribunals — International administrative tribunals — World Bank Administrative Tribunal — Procedure — Review of decisions — Grounds for review — Tribunal not to substitute own discretion for that of decision maker — Remedies — Compensation

Y v. International Finance Corporation

636International organizations — Officials — Terms and conditions of employment — Termination of employment — Unsatisfactory performance — Agreement to extend Applicant’s special leave on condition that all claims against the Respondent be settled — Whether precluding application to Tribunal — Whether agreement concluded under duressInternational tribunals — International administrative tribunals — World Bank Administrative Tribunal — Basis of jurisdiction — Right to apply to Tribunal derived from Statute of the Tribunal not from contract or terms of employment — Procedure — Review of decisions — Grounds for review