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Casenote: The Bustani Case Before the ILOAT

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image of International Organizations Law Review

On one reading the decision of the International Labour Organisation Administrative Tribunal (ILOAT) on the complaint of Jose Bustani against Organisation for the Prohibition of Chemical Weapons (OPCW) appears to take the law of international organisations in new directions in relation to the vexed question of judicial review of the acts of the political organs of international organisations. The judgment purports to set aside a decision of the plenary organ of the OPCW to remove its Director-General before the expiry of his fixed-term employment contract. However, the position of the chief administrative officer of an international organisation has a dual aspect, in that as well as being an employee of the organisation he or she also plays a significant "constitutional" role as part of the structure of the organisation, with significant responsibilities contributing to the fulfilment of its functions. The judgment of the ILOAT seeks as far as possible to treat the Director-General as simply an employee of the organisation and only occasionally focuses on his broader role within the organisation.


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