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Le Contrïle Du Pouvoir Discrtionnaire Par Les Tribunaux Administratifs Internationaux

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Chapter Summary

This chapter presents proceedings of a Conference on international administrative law held in Paris on May 16, 2000. The occasion of the Conference was the celebration of the twentieth anniversary of the World Bank Administrative Tribunal (WBAT). In the WBAT's first judgment, de Merode, the Tribunal made a distinction between those essential conditions of an employment contract which cannot be amended without the consent of the affected staff member, and those less fundamental and essential conditions which the Bank has the discretionary power to amend so long as such power is not used in an arbitrary manner for reasons alien to the proper functioning of the organization. The scope of a judge's review of the administration's exercise of its discretion depends on how much discretionary power the judge decides to allow the administration to exercise.

Keywords:discretionary power; international administrative law; World Bank Administrative Tribunal (WBAT)

10.1163/ej.9789004157125.i-258.9
/content/books/10.1163/ej.9789004157125.i-258.9
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