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Barristers in Outer Temple Chambers’ International Team are frequently instructed in cases involving international organisations whose disciplinary and regulatory frameworks are often little known about. International Organisations are established by treaty and possess their own international legal personalities. They also enjoy immunity from suit and – through the application of inter alia international human rights law – most have set up internal justice systems that deal with institutional matters.
The AU is a continental union and regional organisation – equivalent to the European Union – consisting of the 55 member states that make up the countries of the African continent. In 2001, the AU was created to replace the Organisation of African Unity (OAU) and it was officially launched in 2002. The evolution of this institution was the outcome of a consensus by African leaders that there was a need to refocus attention from the fight for decolonisation and ridding the continent of apartheid (i.e., the OAU’s focus) towards increased cooperation and integration of African states to drive Africa’s growth and economic development. The AU represents just over 1 billion people.
The AU’s Secretariat is the AUC, based in Addis Ababa, Ethiopia, which acts as its executive and administrative branch. It is the key organ playing a central role in the day-to-day management of the AU, representing and defending its interests. The AUC’s Commonwealth equivalent is the Commonwealth Secretariat based in London. The AUC is separate from the African Commission on Human and People’s Rights, a body based in Gambia that reports to the AU.
The AU’s Administrative Tribunal – not to be confused with the AU’s Court of Justice and the African Court on Human and People’s Rights – is the AU’s judicial body established to settle disputes between the AUC and its employees on employment and institutional matters. Created in 1967, its judges are nominated by member states and appointed by the Executive Council of the AU for a term of four years.
International Administrative Tribunals generally exist in the realm of the public international law system. Most international organisations have provided for some sort of internal justice mechanism to address institutional disputes resulting in dozens of International Administrative Tribunals including the three most established: the World Bank Administrative Tribunal, the United Nations Appeals Tribunal and the International Labour Organisation Administrative Tribunal. In the EU, the General Court is the equivalent International Administrative Tribunal for disputes arising out of administrative decisions taken by European Institutions. On the African continent, the African Development Bank Administrative Tribunal in Abidjan, Ivory Coast, is the most prominent International Administrative Tribunal.
OTC’s practice in International Organisations Law includes the following areas:
To find out more about our expertise in international organisations law or of the barristers listed above please contact our Practice Management Team, Sam Carter or Colin Bunyan, who would be happy to help.
News 22 Jun, 2021