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

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The 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.

Affiliations: 1: Consultant and former Counsel, World Bank Administrative Tribunal

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