Developments and Innovations of the Administrative Dispute Resolution System in the United Nations

Valizadeh, Amin; Hatami, Mehdi; Azadbakht, Farid

doi:10.22059/jplsq.2025.386576.3645

Articles in Press

Document Type : Article

Authors

¹ PhD Student in Public International Law, Department of International and Public Law, Faculty of Law and Political Science, Islamic Azad University, Kermanshah, Iran

² Associate Professor, Department of Law, Faculty of Humanities and Social Sciences, University of Kurdistan, Sanandaj, Iran

³ Associate Professor, Department of International and Public Law, Faculty of Law and Political Science, Islamic Azad University, Kermanshah, Iran

10.22059/jplsq.2025.386576.3645

Abstract

In the League of Nations, an institution called the Administrative Tribunal was established to resolve disputes between staff and the organization. The League was a pioneer in promoting global cohesion and international convergence but was soon replaced by the United Nations. In the UN system, after extensive discussions in 1949, the United Nations Administrative Tribunal was created based on a resolution by the General Assembly to address disputes between staff and the organization. However, the Tribunal was unable to meet the expectations and administrative needs of employees, which were the root causes of these disputes. Ultimately, the General Assembly established the United Nations Dispute Tribunal and the Appeals Tribunal through resolution 253/63 in 2008, replacing the previous Tribunal. The new United Nations Administrative Justice system has been developed within the framework of organizational structural reform. This article examines the evolution of the administrative dispute resolution structure within the United Nations system from the onset of reforms to the present day and highlights innovations in the internal justice system that have emerged following these reforms.

Keywords

Main Subjects

Public International Law

References

English
1. A) Book
2. August Reinisch &C Knabr (2008). From the UN Administrative Tribunal to UN Appeal Tribunal, Max Planck Yearbook of United Narion Law, Volume 12.
3. Bedjaoui, M. (1991). International Law: Achievements and Prospects. first published, Paris & Netherland, UNESCO & Nijhoff[ Martin Nijhoff Publishe.
4. F. Amerasinghe (1994). The Law of the International Civil Service. Clarendon Press, Vol. I, Second Edition.
5. F. Amerasinghe (2009). Principles of the Institutional Law of International Organizations, Cambridge University Press Online publication date.
6. Gallo, D. (2014). The Administrative Tribunal of the International Labor Organization (ILOAT). the International Court of Justice (ICJ) and the Right of Access to Justice for the Staff of International Organizations: The Need for a Reform in light of the ICJ Advisory Opinion of 1 February 2012, Luiss University Press.
7. B. Curzon (2002). Dictionary of Law. Longman, England.
8. Rishi Gulati (2011). The Internal Dispute Resolution Regime of the United Nation tesis phd Degree. Max Planck Yearbook of United Nations Law Online,No 15.
9. Zoltan Szente And Konrad Lachmager (2016). The Principle of Effective Legal Protection in Administrative Law, Tailor and Francis Group, London, 1st.
1. B) Article
2. Louise Otis and Erie H. Reiter (2011). The Reform of The United Nations Administration of Justice System: The United Nations Appeals Tribunal After One year, BRILL.
3. Lando, M. (2023). Advisory opinions of the International Court of Justice in respect of disputes. Colum. J. Transnat'l L., 61, 67.
4. Rishi Gulati (2011). The Internal Dispute Resolution Regime of the United Nations. Max Planck Yearbook of United Nations Law, )15(.
  1. Joanna Gomula (1991). The International Court of Justice and Administrative Tribunals of International Organizations. Michigan Journal of International Law, 13)1(.
5. Rishi Gulati & Philippa Webb (2023). The Legal Accountability of Transnational Instuttion: Past, Present and Future. king Law Journal, 34)3(.
6. Laker, T. (2016, July). The United Nations and the (Internal) Administration of Justice. In The Rule of Law and Its Application to the United Nations (311-330). Nomos Verlagsgesellschaft mbH & Co. KG.
1. C) Document
2. Activities of the Office United Nations Ombudsman and Mediation Services, Report of the Secretary General.
3. Report of the Joint Inspection Unit /2023/2
4. Rules of Procedure of the UNAT 2022
5. Rules of Procedure UNDT 2022
6. Statute of the The United Nations Appeals Tribunal
7. Statute of the United Nations Dispute Tribunal
8. The Convention on the Privileges and Immunities of the United Nations
1. D) Judgment
2. Hydar Daniel Mlouk Majook V. Secretary-General of the UN ,Oder UNAT, 2024
3. Jecques Armend v. Secretary General, No 1145 UNAT , 2021
4. Judgment No.2867 of the Administrative Tribunal of the International Labor Organization upon a Complaint Filed against the International Fund for Agricultural Development, 1 February 2012
5. Khambatta V. UN, No2012-319, 2012, UNAT, P 2 and 3
6. Villamoran V. UN, No 2011-234, UNAT, 2011
1. G) cite
2. https://untreaty.un.org/unat/statute.htm
3. https://en.wikipedia.org/wiki/European_Union_Civil_Service_Tribunal
4. ORG/Ombodsman/Fesources/Fag
References In Persian:
1. A) Book
2. Beigzadeh, E. (2023). Law of International Organizations. 9th edition, Tehran: Majd Scientific and Cultural Association (In Persian).
3. Bitam, D. (2004). Democracy and Human Rights. translated by Mohammad Taghi Delforuz, Tehran: Tarh No Publications (In Persian).
4. Fazaeli, M. (2010). Fair Trial in International Criminal Trials. Tehran: Shahr Danesh Publications (In Persian).
5. Moein, M. (2003). Persian Dictionary. Vol. 1, Tehran: Amir Kabir Publications (In Persian).
6. Tehrani, M. A. (1994). Katouzian Dictionary. Tehran: Yalda Publishing (In Persian).
7. Zamani, S. G. (2008). Law of International Organizations (Personality, Responsibility and Immunity). Tehran: Shahr Danesh Institute for Legal Studies and Research (In Persian).
8. Ziaei Bigdali, M. R. et al. (2008). Translation of Opinions and Advisory Opinions of the International Court of Justice. Vol. 1, Tehran, Allameh Tabatabaei University Publications (RA) (In Persian).
1. B) Articles
2. Abdollahi, M. (2000). Jurisdictional immunity of United Nations experts with emphasis and introduction to the cases of Masiello (1989) and Kumar Asami (1999). Journal of Law. Faculty of Law and Political Sciences, No. 5, 137-175 (In Persian).
3. Abhary, H., & fallah kharyeki, M. (2018). Comparative Study about Concept and Functions of Friend of the Court in Iranian Law and Common Law. Legal Research Quarterly, 21(83), 286-307. doi: 10.22034/jlr.2018.151468.1250 (In Persian).
4. Hekmatimoghaddam, S. (2017). Evolution in the Internal Justice Regime of the United Nations. Public Law Researsh, 19(55), 167-193. doi: 10.22054/qjpl.2017.7787 (In Persian).
5. Hemmati, M., Jafari, M. J. & Nosrati, Y. (2022). Requirements to discover the truth in the proceedings of the administrative community. Political Sociology of Iran, 5(8), 1302-1320. doi: 10.30510/psi.2022.328496.3070 (In Persian).
6. Karimi, F., Niyavarani, S., & Zamani, S. Q. (2021). The Role of the International Court of Justice's Interim Order in Ensuring Human Rights: A Case Study of the Return of US Sanctions against the Islamic Republic of Iran. Strategic Studies Quarterly, 24(4), 243-261 (In Persian).
7. Mobaraki, M. , Emadzadeh, M., & Masoud, G. H. (2019). Non- Judicial Methods to Resolve Administrative Disputes in the Contemporary Legal Systems. Public Law Studies Quarterly, 49(1), 39-56. doi: 10.22059/jplsq.2018.235770.1528 (In Persian).
8. Mohebi, M., & Bazzar, V. (2020). Assessing US Objections to the Interim Order in the Alleged Violations of the Treaty of Amity. Public Law Studies Quarterly, 50(1), 255-274. doi: 10.22059/jplsq.2019.268988.1850 (In Persian).
9. Nazari, M., Rajabi, A., & Golkhandan, S. (2022). The Right of Access to a Lawyer in Jurisprudence, Iranian Law, and Global Documents. Strategic Studies of Jurisprudence and Law, 3(Special Issue), 561-576. doi: 10.22034/ejs.2022.350688.1262 (In Persian).
10. Valizadeh, A., & Nojomi, S. (2015). The acquisition and expansion of the right to appeal against the decisions of domestic courts of international organizations in light of the immunity of international organizations. Collection of papers of the Conference on Immunity in International Law, first edition, Ganj Danesh Publications (In Persian).
1. C) Thesis
2. Ghasemi, M. (2012). Resolving Occupational Disputes in International Organizations. (Supervisor: Dr. Mansour Jabbari Qarabagh), Tehran: Faculty of Law and Political Science, Allameh Tabatabaei University (In Persian).
3. Kiani, H. (2019). Occupational Support for International Organizations’ Staff in International Law, PhD Thesis in International Law (Supervisor: Dr. Seyed Ghasem Zamani), Tehran: Faculty of Law and Political Science, Allameh Tabatabaei University (In Persian).

Developments and Innovations of the Administrative Dispute Resolution System in the United Nations

References

References

Articles in Press, Accepted Manuscript Available Online from 21 March 2027

Articles in Press, Accepted Manuscript
Available Online from 21 March 2027