Meta's Oversight Board and Transnational Hybrid Adjudication – What Consequences for International Law?
In: KFG Working Paper Series 53
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In: KFG Working Paper Series 53
"A distinguished Harvard Business School professor explains why the serious pursuit of purpose can greatly enhance performance and social impact, and shows leaders how they might go deep on purpose and engineer a fundamental mindset shift in how they lead"--
We live in a denial of justice age when it comes to the individual pursuit of justice against international organisations (IOs). Victims of institutional conduct are generally not provided reasonable means of dispute settlement at the international level. They also have been unable to seek justice at the national level due to IO immunities, which aim to secure institutional independence. Access to justice and IO independence are equally important values and realising them both has so far proven elusive. Private international law techniques can help allocate regulatory authority between the national and institutional orders in a nuanced manner by maintaining IO independence without sacrificing access to justice. As private international law rules can be adjusted nationally without the need for international action, the solution proposed can be readily implemented, thereby resolving a conundrum that public international law has not been able to address for decades.
In: Studies in sociology and social anthropology
In: Journal of public affairs, Band 23, Heft 4
ISSN: 1479-1854
This article looks beyond Z‐score and proposes a novel methodological framework to build an all‐encompassing indicator of bank stability for individual banks using the optimisation‐based 'benefit‐of‐the‐doubt (BoD)' approach. Unlike other available approaches, this approach is totally data‐driven and generates endogenous weights to aggregate sub‐indicators of bank stability and dimensions. Further, the final outcomes are not limited to a scalar measure of bank stability. The unique optimal weights offer valuable policy‐relevant insights and highlight the most precarious areas of stability, which demand the immediate attention of the bank's management and the industry regulators for both micro‐and macro‐level policymaking. Using the data of Indian public sector banks operating in the year 2018, the study illustrates the proposed framework to obtain a holistic indicator of bank stability, defined on 14 ratio sub‐indicators and 5 broad dimensions (soundness, asset quality, profitability, management efficiency, and liquidity) of bank stability.
In: The quarterly review of economics and finance, Band 84, S. 23-39
ISSN: 1062-9769
In: KFG Working Paper Series, No. 53 (2022), Berlin Potsdam Research Group "The International Rule of Law – Rise or Decline?"
SSRN
In: Max Planck yearbook of United Nations law, Band 24, Heft 1, S. 82-109
ISSN: 1875-7413
The acquired rights doctrine limits the ability of an international organisation (io) to unilaterally amend a staff member's conditions of employment to his or her detriment. The leading international administrative tribunals, especially the Administrative Tribunal of the International Labour Organisation or the ILOAT refined and developed the doctrine's meaning and scope over decades. There has been a general consensus that the acquired rights doctrine protects a staff member's essential terms of employment both retrospectively and prospectively. However, in its recent jurisprudence, the United Nations Appeals Tribunal or the UNAT has rendered the acquired rights doctrine with little work to do by reducing it to the principle of non- retroactivity. As a result, the consensus as to the doctrine's core meaning is now undermined. International civil servants having access to the ILOAT are much better protected from unilateral adverse amendments to their conditions of employment when compared to those international public officials whose organisations have subscribed to the jurisdiction of the UNAT. This is an unwelcome development for the content of substantive protections is now more dependent on the tribunal approach, as opposed to a coherent development of the law.