Selected Issues

Cambridge University Press eBooks, pp. 313–336

Abstract

This chapter explores the growing prevalence of non-staff personnel within the UN system and the legal challenges they face in accessing justice. As non-staff personnel increasingly take on roles traditionally held by staff, they remain largely excluded from the jurisdiction of IATs and often may only avail themselves of arbitration clauses that can be prohibitive in practice. The chapter examines potential legal implications of this situation, such as functional immunity before domestic courts, as well as proposed solutions, such as alternative dispute mechanisms and expedited arbitration. It reviews current UN pilot projects aimed at providing non-staff personnel with informal dispute resolution avenues and discusses potential reforms to bridge the access-to-justice gap.

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