The administrative tribunal of the International Labour Organization (ILOAT), the International Court of Justice (ICJ) and the right of access to justice for the staff of international organizations: the eeed for a reform in light of the ICJ Advisory Opinion of 1 February 2012

With the Advisory Opinion of February 2012 on Judgment No. 2867 of the ILOAT the ICJ choose to acknowledge, once and for all, the limits of its relationship with the ILOAT – limits it had already emphasized in previous advisory opinions on judgments of the UNAT and ILOAT. Moreover, it has brought attention to the new UN internal justice system and, finally, questioned the compatibility of the procedure provided for by Art. XII of the ILOAT Statute with the “present-day principle of equality of access to courts and tribunals”. In this respect, the main argument implied in the paper is that international organizations should take measures to establish an appellate tribunal. It is the ILOAT that, insofar as the most representative of international administrative tribunals, should take the initiative. Indeed, with regard to the provisions governing employment relationships, the development, as well as the uniform interpretation and application, of the internal law of international organizations must be ensured, rather than by the ICJ, by international administrative tribunals. Due to their nature and mission, the latter are better equipped to settle staff disputes between an international organization and its staff members.