Fomin P. Internal system of justice of international intergovernmental organizations

The thesis is devoted to the complex research of the issues concerning the organizational and legal basis of internal system of justice of international intergovernmental organizations (hereinafter – IGOs). The paper describes the formation and development of the internal justice system of IGOs. It is stated that the establishment of the Administrative tribunal of the League of Nations was due to the need to resolve disputes between staff and administration of the organization, endowed with immunity from jurisdiction, arising from improper implementation or violation of the conditions of appointment and internal acts which determined the procedure for international civil service. Attention is paid to the issue of reforming the UN internal justice system, focusing on the existing shortcomings of the UN internal dispute resolution system, which existed until 2009. The purpose and tasks of the internal justice system of the IGO are highlighted. The informal level of the internal justice system of the UN has been characterized; it is stated that the informal level of dispute settlement between staff and the UN administration is represented by the Office of the United Nations Ombudsman and Mediation Services. The emphasis is placed on resolving disputes through recourse to the informal mechanisms of the UN internal justice system based on the principles of confidentiality, voluntariness, efficiency and impartiality. The organizational and legal structure of the formal level of the UN internal justice system, which is represented by the UN Dispute Tribunal, the UN Appeals Tribunal (hereinafter – UNAT) and the Management Evaluation Group, has been highlighted. The status of judges of UN tribunals has been analyzed. The focus is on resolving labor disputes within specialized UN agencies (ILO, IMF, WB). The organizational and legal mechanism of the internal justice system of international regional organizations (CoE, NATO, OAS, OSCE) has been revealed. It is concluded that such mechanisms for resolving disputes between staff and administration have a two-tier structure, which includes the possibility of internal review of the administrative decision and appeal to the official body, whose decisions are final.