摘要
诉诸司法权作为一项重要的基本人权已逐渐成为一种共识。在国际组织与其职员的就业争端中,基于保障国际组织职员的个人权利与维护国际组织的司法管辖豁免这两个方面的需要,联合国已经开始重视诉诸司法权的保障,通过构建和完善其内部司法机制加以落实,并在国际人权保障中取得令人瞩目的成果。在国际组织公共行政权力与日俱增、个人权益受其影响渐深的背景下,对国际法上的个人实现诉诸司法权的联合国实践,具有较强的理论价值与现实意义。当然,目前联合国内部司法上诉机制在诉讼主体、救济措施等方面仍存在不少问题,阻碍了联合国职员诉诸司法权的进一步实现。对此,联合国应继续完善相应制度,其内部司法机构也需要尽可能利用司法裁量权来突破其规约中不合理的限制,以更充分、全面地保障联合国职员的诉诸司法权。
The right of access to justice as a fundamental human right has gradually become a consensus.It plays a critical role in safeguarding the legitimate rights and interests of individuals and maintaining social justice.In the employment disputes between international organizations and their staff,mainly based on the need to safeguard the individual rights of the staff of international organizations and to maintain the jurisdictional immunity of the organizations,the United Nations has begun to pay attention to the protection of the right of access to justice,and implement it through the construction and improvement of its internal judicial mechanism,and has achieved remarkable results in the protection of international human rights.The establishment of the United Nations Administrative Tribunal to deal with staff disputes has made it possible to give initial effect to the right of staff members to have access to justice.The right of access to justice not only requires that the corresponding subjects have formal access to a judicial body,but also requires that the judicial body be able to provide substantive judicial protection.In the early days of the United Nations Administrative Tribunal,there were serious deficiencies in the design of the system,which affected the impartiality,independence and professionalism of the judiciary.For this reason,the United Nations undertook a thorough reform of its internal justice system in 2009,framing an appeal mechanism that breaks away from the traditional"first instance as last instance"model of the International Administrative Tribunal.The mechanism consists of the United Nations Dispute Tribunal as the first instance and the United Nations Appeals Tribunal as the appellate body.In addition,the United Nations has improved the system of judges,the management system and the judicial procedures of the Tribunal.The reforms have made it possible to ensure that United Nations staff members'right of access to justice is more fully guaranteed.At present,there are still a number of problems with the internal judicial appeal mechanism of the United Nations,which impede the further realization of the right of access to justice for staff members.Firstly,it was difficult for non-staff personnel of the United Nations to enjoy the right of access to justice;secondly,the remedies of the Tribunals were unreasonably limited;furthermore,the United Nations internal judicial appeals mechanism lacked financial and budgetary autonomy;and lastly,there was no communication mechanism between the Tribunals and the General Assembly.In this regard,the United Nations should continue to improve the tribunal system,including the following four points:(1)guaranteeing the litigation right of non-staff personnel in order to expand the scope of remedies of the right to access to justice;(2)abolishing the restrictions on remedies in order to provide adequate relief for staff;(3)granting the internal justice system the necessary budgetary authority to safeguard the independence of the judiciary;and(4)constructing a mechanism for communication between the tribunal and the General Assembly to ensure effective respect for the tribunal's status.At the same time,the tribunals also need to use judicial discretion to break through the unreasonable limitations in their positions,so as to more fully and comprehensively guarantee the right of access to justice for United Nations staff.On the whole,against the background of the increasing power of public administration of international organizations and the deepening influence of the rights and interests of individuals,the practice of the United Nations in realizing the right of access to justice for individuals in international law has theoretical value and practical significance,which promotes the protection of the rights and interests of individuals when they encounter the international organizations and other international public subjects,and helps to clarify the litigation right of individuals in international law.
作者
李赞
唐彦嘉
LI Zan;TANG Yanjia(Institute of International Law,Chinese Academy of Social Sciences;Law School,Tsinghua University)
出处
《人权法学》
2024年第1期102-120,167,168,共21页
Journal of Human Rights Law
基金
国家社科基金重大项目“中国人权发展道路的理论体系与优化路径研究”(23ZDA067)。
关键词
联合国
联合国职员
诉诸司法权
国际行政法庭
United Nations
United Nations employees
the right of access to justice
International Administrative Tribunals
