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International Administrative Law

Second Geneva International Administrative Law Seminar Focuses on the Fear of Retaliation

By | Centre of Excellence, Civil Servants, Employment Disputes, International Administrative Law, News | No Comments

Bretton Woods Law’s second International Administrative Law seminar took place at the Inter-Continental Hotel in Geneva on Wednesday 27th April and, as ever, one topic on a full agenda really resonated with the attendees – the fear of retaliation.

It is apparent from seminar attendees that many international civil servants are reticent to file a case against their employers, as they are scared that their international organisation will engage in reprisal and retribution.

Bretton Woods Law stated that the best way to combat retaliation was to construct an anti-retaliation policy that contains a reverse burden of proof, which means that if an international civil servant files a case within the internal justice system operated by his or her employer and is then allegedly retaliated against, it is up to the international organisation, as the employer, to prove on a balance of probabilities that it has not engaged in such a practice.

Bretton Woods Law has the expertise and experience to draft such anti-retaliation policies, as well as all other related policies, such as whistleblower protection mechanisms, and have done so for a number of international organisations.  To discuss your own particular anti-retaliation requirements or any other international administrative law matter, contact your nearest Bretton Woods Law office.

For a detailed list of all the topics discussed at the second Geneva International Administrative Law seminar, please click here.

If you have been the victim of retaliation by an international organisation or any other form of unfair treatment, why not apply to join the International Administrative Law Centre of Excellence, a ‘think-tank’ designed to assist in the global development and improvement of International Administrative Law. The Centre of Excellence provides amongst other things,  a neutral forum for discussion and debate for those individuals interested in developing International Administrative Law.

Bretton Woods Law celebrates its first successful year based on experience in and knowledge of International Organisations Law

By | Administrative Law, Centre of Excellence, IAL, International Administrative Law, Multilateral Development Banks, News, Voluntary Disclosure Programme | No Comments

Bretton Woods Law today celebrates its first birthday, a year that has seen innumerable achievements in both the Multilateral Development Bank and International Administrative Law sectors, where it now dominates.

Multilateral Development Banks

Although Bretton Woods Law is one today, the experience of its lawyers spans decades and it is hardly surprising that in its first year its multilateral development bank practice has absolutely flourished.  Bretton Woods Law specialises primarily in assisting companies that have been accused or charged by the multilateral development banks, such as the World Bank Group, of having engaged in sanctionable practices (i.e., fraud, corruption, collusion or coercion) on bank funded projects.  Bretton Woods Law’s record in the past twelve months has been impressive and warrants mention: three complete immunity arrangements brokered, one caveated immunity arrangement obtained, five completed internal investigations undertaken and instructions to undertake seven more.  Moreover, advice has been given on entering a voluntary disclosure programme and a complete new integrity compliance program that meets and exceeds the World Bank’s Integrity Compliance Guidelines was designed, implemented and accepted as “gold standard” by the bank.  Not a bad achievement for the first year!

Bretton Woods Law has an in-depth understanding of the Voluntary Disclosure Programme established by the World Bank, the only Multilateral Development Bank to do so, and has spent its first year advising clients on such preventative measures.

To read more about Voluntary Disclosure Programmes and how Bretton Woods Law can be of assistance, please click here

International Administrative Law

As specialists in International Administrative Law, which is the employment law of the international organisations, Bretton Woods Law has spent the past year representing International Civil Servants around the globe that are or have been in dispute with their respective international organisations.  Their experience and knowledge of this particular area of law is second to none and has seen them undertake cases throughout the world, not only for Staff Associations and their membership, but also for the international organisations themselves.  Bretton Woods Law is currently working on international administrative law matters in the following international organisations:

International Administrative Law Seminars

Bretton Woods Law’s commitment to improving International Administrative Law has led them in their first year to hold three International Administrative Law seminars of their own (two in Geneva and one in Washington) and on top of this Bretton Woods Law lawyers were invited to participate in the UNSO-ICTY sponsored conference in The Hague.  The Geneva and Washington seminars were designed to enable Staff Associations and their members to get together and debate the hot topics associated with this law.  The seminars gave attendees a chance to share their experiences, good and bad, of international administrative law as well as benefiting from free advice and consultancy from International Administrative Law specialists.

Overview of our Washington seminar

Overview of our first Geneva seminar

Overview of our second Geneva seminar

International Administrative Law Centre of Excellence

It has been very clear for a long time that International Administrative Law was in desperate need of an independent body to assist in its global development and improvement and with this in mind Bretton Woods Law set up the International Administrative Law Centre of Excellence.  This Centre of Excellence has been created to act as an effective ‘think tank’ from which new and thought provoking ideas and concepts will emerge, alongside promoting international best practices, to enhance and significantly improve the employment law of international organisations worldwide.  Through the work of its membership, the Centre’s mandate and purpose is to be an effective focal point, ensuring fairness and justice for all who work within international organisations.

The Centre of Excellence is open to anyone involved in International Administrative Law: legal practitioners, union representatives, mediators, ombudspersons and academics, in fact anyone who wants to become engaged in the evolution of the law.

To apply for membership click here

A Truly International Practice

When Bretton Woods Law opened its doors it had four full time lawyers working on multilateral development bank and international administrative law matters, with other lawyers on call, but the uptake on its services has been such that it has now been joined full time by two further international lawyers: Alex Haines from France and Antje Kunst from Germany.  The multilingual Bretton Woods Law team, speaking English, French, German, Italian and Spanish, and led by Lee Marler and Neil Macaulay, is even more effective now than it was twelve months ago.

Moreover, when Bretton Woods Law opened for business, it was from the outset an international law practice, with offices in London, Geneva, New York and Washington DC. However, due to the quantity of work they are receiving from the Philippines, they have now opened an office in Manila.  This new office is a true testament to what Bretton Woods Law has achieved in its first year and more importantly what it hopes to achieve in its second.

 

For full contact details for Bretton Woods Law’s offices, please click here.

 

 

Bretton Woods Law International Administrative Law seminar at PAHO draws top international civil servants from the Americas

By | Administrative Law, Centre of Excellence, Civil Servants, Employment Disputes, International Administrative Law, News | No Comments

On 28th February, Bretton Woods Law held a seminar at the behest of PAHO (Pan-American Health Organisation) on International Administrative Law – the employment law of international civil servants. The seminar drew 50 attendees from around the Americas, including senior Staff Association members as well as doctors and other medical professionals.

The topics in the agenda were wide and varied and included: clarity of the law, confidentiality of proceedings and the role of lawyers for the organisation. However the point that seemed to cause the most debate was Staff Associations – their independence, the need for dues, industrial action & retaliation.

Some of those present expressed their fear of approaching Staff Associations to discuss their concerns and joining class actions for fear of retaliation and reprisal. There was also an in-depth discussion on the fact that even if employees win their case, they will not automatically be awarded their legal fees – which along with the fear of retaliation creates a strong barrier to some international civil servants taking their grievances to a tribunal.

It was of course agreed that the present situation is unfair and untenable, and change needed to happen, particularly a confidential forum where international civil servants could share their views and experiences without fear of reprisal and retaliation.

In view of these concerns, Bretton Woods Law was delighted to have the opportunity of inviting all attendees to apply for membership to the International Administrative Law Centre of Excellence , a forum whose primary aim is to assist in the global development and improvement of International Administrative Law.

The Centre of Excellence has also been designed to create just what these international civil servants need  – a confidential arena in which they can, without fear, freely express their concerns and views. It is hoped that from these shared experiences, new and thought provoking ideas and concepts will emerge, which, together with promoting international best practices, will enhance and significantly improve the employment law of international organisations worldwide.

 

If you are an International Civil Servant, who wants to help change your employment law, apply today for membership to the International Administrative Law Centre of Excellence.

Bretton Woods Law welcomes their new International Organisations Law specialist

By | Administrative Law, Bribery, Employment Disputes, International Administrative Law, News | No Comments

Antje Kunst, who has recently joined Bretton Woods Law, is the perfect fit for this team of International Organisations Law experts, as she bring with her many years of experience working for the United Nations.

Antje, who has worked at the United Nations for 11 years, 5 and a half years of which were spent  at the United Nations Relief and Works Agency for Palestine Refugees (UNRWA), has an impressive background in matters that relate exactly to Bretton Woods Law’s areas of expertise. These include employment issues relating to international civil servants, anti-corruption cases, and drafting procedures and internal policies for international organisations.

Antje comments: “I was looking to expand my horizons outside of Germany where I have been based for the last three years and wanted to have  experience again with  an internationally focussed law firm  preferably working on issues related to international organisations and so one day I googled: ‘law firms that specialise in International Organisations Law’ and Bretton Woods Law came out top. I looked at their website and liked their integrated approach.”

As an active member of Transparency International in Germany Antje was also keen to continue to draw on her anti-corruption experience. In the past she worked for the founder of Transparency International on an initiative aimed at supporting governments of natural resource-rich countries with national resources contracts,  helping  to overcome corrupt activities in the sector, and ultimately  benefiting the companies who are concluding these contracts with the governments. So it came as an added bonus that Bretton Woods Law advises companies working on projects funded by multilateral development banks, which have been accused of fraud and sanctionable practices.

Antje might have left the United Nations behind her, but it seems her new position with Bretton Woods Law will keep her right at the heart of international organisations for the foreseeable future.

2nd Geneva seminar on International Administrative Law

By | Administrative Law, Civil Servants, Employment Disputes, IAL Seminars, International Administrative Law, News | No Comments

Following the success last month of our first Geneva International Administrative Law (IAL) seminar, we have decided, due to popular demand, to hold a second seminar on Wednesday 27th March 2013 and we would like to offer you a complimentary invitation.

Attendees will again benefit from free expert advice from legal specialists, as well as being able to share their own views and opinions with their peers on the following topics:

  1. Effectiveness of internal justice system
  2. Clarity of the law
  3. Confidentiality of proceedings
  4. Staff associations (independence, the need for dues, industrial action & retaliation)
  5. Executive heads reviewing the lawfulness of their own decisions
  6. The role of lawyers for the organisation
  7. Mandatory mediation
  8. The ethics functionCase studies of common staff grievances and how to successfully litigate
  9. Improving IAL (codification of IAL principles, uniform internal justice mechanism, legal expenses insurance for all international civil servants, one Global AT etc)

Join us on 27th March at the Hotel Intercontinental 7-9 Chemin Du Petit-Saconnex Geneva, 1211.

  • Registration: 9.00am
  • Lunch: 1pm
  • Seminar closes: 3.30

Register here

Equality of arms – a hot topic at first Geneva seminar

By | Administrative Law, Centre of Excellence, Civil Servants, IAL, International, International Administrative Law, News | No Comments

On 6th February, Bretton Woods Law held its first International Administrative Law seminar in Geneva. The seminar was attended by a number of senior Staff Association members in order to discuss a selection of the most important aspects of International Administrative Law facing international civil servants today.

One of the main topics that was debated was the thorny issue of ‘Equality of Arms’, and for those international civil servants who could not make the seminar, an overview of Bretton Wood Law’s thoughts on this particular subject can be found below.

Bretton Woods Law has also set up the International Administrative Law Centre of Excellence, to assist in the global development and improvement of International Administrative Law. Apply for membership >

Equality of Arms

A ‘David v. Goliath’ situation prevails in most, if not all international organisations.  An employee who wishes to raise a complaint that his or her contract of employment has be contravened by the organisation that he or she works for (e.g., a secretary who claims to have been bullied or harassed by her boss), will normally have to face a human resources department that is advised by specialist lawyers from within the organisation’s legal department.  In some organisations, such as the multilateral development banks (e.g., the World Bank, EBRD etc.), whole teams of lawyers exist (known as institutional & administrative (“I&A”) law teams) whose primary function is to defend the organisation against employment related claims brought by staff members.  What is more, the organisation has if necessary the funds at hand to engage external lawyers to advise it and protect its interests.  In stark contrast, the employee does not have such legal resources at his or her disposal and may well not have the funds to engage a lawyer at all or only for a limited period of time.  The majority of internal justice systems operated by international organisations do not provide for any form of ‘legal aid’ nor do they operate a defence service under which lawyers are employed by the organisation to represent employees before the grievance committees and administrative tribunals that they operate (however, c.f., the United Nations Office of Staff Legal Assistance).  Moreover, the statutes and procedures that create the committees, boards and tribunals that form the internal justice systems of many international organisations either do not permit those bodies to award costs against the organisation and in favour of the employee or, if they do, those costs can only be awarded at the very end of a case, which may take years to finalise.  Indeed, it would appear to be a tactic of some lawyers within certain organisations that we have encountered to delay intentionally in order to put the injured international civil servant to unnecessary expense and thereby starve him or her out of the litigation process.  One case in which Bretton Woods Law lawyers are involved is now in its third year due to ‘stalling tactics’ on the part of the organisation.  Other cases are delayed by an organisation taking novel and ultimately unsuccessful jurisdictional arguments (on this point see O Elias’ The Development and Effectiveness of International Administrative Law (2012) at page 339).  In one international organisation in which we operate it can take up to fifteen years before a judgement is actually rendered by its administrative tribunal, which is astonishing as much as it is troubling.  Put bluntly, many international civil servants simply cannot afford to engage lawyers to assist them at all or for the time required in order to navigate the labyrinth of laws implemented by international organisations.  This disparity of wealth and the manner in which it is exploited by some international organisations causes an ‘inequality of arms’ between the litigants that can taint the legitimacy of the internal process and render it unfair.  The solution to this all too prevalent problem is of course obvious: the organisation that cloaks itself in an immunity from legal suit and thereby compels its employees to use its internal justice system should provide for a legal aid scheme of some description or, alternatively, arrange for legal insurance to be available to all of its employees, in the same way that it provides for medical insurance.

If you are an international civil servant and in need of specialist employment advice, contact your nearest office.

Bretton Woods Law Seminar on International Administrative Law in Geneva

By | Administrative Law, Employment Disputes, International, International Administrative Law, News | No Comments
[icon_button type=arrowdown url=http://brettonwoodslaw.com/brettonwood_site/wp-content/uploads/2013/02/Geneva_IAL_CoE_slides.pdf]Download presentation[/icon_button]

Bretton Woods Law hosted a seminar on International Administrative Law at the Intercontinental Hotel in Geneva on Wednesday 6th February 2013. Lee Marler, Neil Macaulay and Alex Haines held an open forum with senior Staff Association members from a number of International Organisations including the WTO, UNHCR, CERN and the WMO, where the law’s shortfalls and possible improvements were discussed.

Topics included:
• Equality of arms
• Clarity of the law
• Confidentiality of proceedings
• Capping of Awards
• Staff Associations – independence and industrial action
• Executive Heads – reviewing the lawfulness of their own decisions
• The roles and actions of lawyers for the organisation
• Ignoring the organisation’s internal law

We hope that those who attended enjoyed the lively and informative discussion, and we look forward to hosting more seminars to help shape the much needed improvements and additions to this area of law.

If you were unable to attend the IAL Geneva seminar in person, but have a need for legal advice concerning an employment issue within an international organisation, please click here to contact your nearest office and for complimentary membership for the International Administrative Law Centre of Excellence

Bretton Woods Law launches IAL Centre of Excellence

By | Administrative Law, Centre of Excellence, Civil Servants, Employment Disputes, IAL, International Administrative Law, News | No Comments

Bretton Woods Law is proud to announce the launch of the International Administrative Law Centre of Excellence, an exclusive members-only group whose main focus is to to assist in the global development and improvement of International Administrative Law. Click here for further details and to apply for your complimentary membership today

Bretton Woods Law to speak at UNSU-ICTY seminar – Download Presentation

By | Administrative Law, Civil Servants, International, International Administrative Law, News | No Comments

Download Presentation

Bretton Woods Law are proud to have been asked to speak on International Administrative Law at the UNSU-ICTY seminar on Wednesday 3rd October. We will be holding an open forum with senior Staff Association members, where the law’s shortfalls and possible improvements will be discussed.

Topics will include:

  • Equality of arms
  • Clarity of the law
  • Confidentiality of proceedings
  • Capping of Awards
  • Staff Associations – independence and industrial action
  • Executive Heads – reviewing the lawfulness of their own decisions
  • The roles and actions of lawyers for the organisation
  • Mandatory mediation
  • Ignoring the organisation’s internal law
  • Suspension of administrative decision

We hope that, what promises to be a lively and informative discussion, will help shape the much needed improvements and additions to this area of law.

If you are unable to attend the UNSU-ICTY seminar in person, but have a need for legal advice concerning an employment issue within an international organisation, please go to www.brettonwoodslaw.com/brettonwood_site to contact your nearest office.

multilateral development banks

Why did you set up Bretton Woods Law?

By | Administrative Law, Development Banks, Employment Disputes, International Administrative Law, Multilateral Development Banks, News | No Comments

Hard to find specialist knowledge, borne out of experience

It’s not often that a company can claim to be unique and then actually live up to that claim – but Bretton Woods Law can.

When Lee Marler and Neil Macaulay decided to set up Bretton Woods Law, they knew that from first hand experience that their specialist arena – International Organisations Law, was woefully under-represented not just nationally but internationally. So as well as making good commercial sense to set up this country’s first legal practice focusing solely on International Organisations Law, it would also offer those International Civil Servants with employment disputes or companies being accused of sanctionable practices relating to projects funded by Multilateral Development Banks, a vital lifeline.

Whilst working together before setting up Bretton Woods Law, Neil and Lee were working in a practice where International Organisations Law made up a part of what they offered. They were surprised by the increasing number of potential clients who came knocking on their door over this three year period, looking for robust legal advice in this specialist sector. International Civil Servants locked in employment disputes with their employers or heads of international companies involved with projects funded by Multilateral Development Banks faced with serious accusations of corruption or fraud, came in equal numbers. Hence it seemed a natural route forward, when they decided to set up on their own.

International Organisations and its associated law were not new fields for this pair, Lee with a Masters in International Law, worked inside International Organisations for over 10 years, whereas Neil worked as a lawyer in the Civil Service for seven years, so it seemed a natural fit. This experience gave them an understanding in how these organisations operate and more importantly an insight into the complex personalities of these often intimidating organisations. This valuable viewpoint is rare, if not unique, and it is this inside knowledge of the organisations and their characters that gives Bretton Woods Law and their clients an enviable advantage.

Bretton Woods Law’s mantra is: “To represent clients without fear or favour” and of course to provide every client with first class legal advice. It is this ‘human’ aspect that both Neil and Lee feel is as important as the professional role they offer their clients. They have a passion for defending their clients, whatever there professional status – a secretary from an International Organisation will receive the same level of professional and emotional guidance as a CEO of an international company facing sanctions from a Multilateral Development Bank. Lee and Neil put this passion down to having lived and worked abroad for so many years and dealing with people who feel lost and don’t know which way to turn, they were both officers in the army and spent many years helping soldiers with the idiosyncrasies of the country, practices and culture they were stationed in, as well as its associated law practices.

Equalling their client focus is their all embracing knowledge of every aspect of the multifaceted arena of International Organisations Law. Members of Bretton Woods Law have two primary strands to their practices, firstly representing companies facing possible sanctions, including debarment or more serious repercussions by Multilateral Development Banks, as a result of an investigation into or an allegation of engaging in sanctionable practices (e.g. fraud and corruption). Secondly, an in-depth knowledge of International Administrative Law, which is the employment law that operates between International Civil Servants and their employer, means they are well placed to tackle and resolve any HR issues facing International Civil Servants. At first glace these two quite distinct areas seem unconnected, not so say Lee and Neil – in fact quite the opposite. They believe they complement each other, as they are always defending people who are suffering, professionally and personally, as a result of the decisions made by and within an International Organisation – and the uniting factor – Members of Bretton Woods Law are always there to defend them.

Defending their clients in front of these boards, committees and tribunals is of course why people come to Bretton Woods Law, as often clients have approached local legal providers and have been turned away. As it is not a commonly known area of law, they may have no one working in the practice that, for example, truly understands International Administrative Law and all the privileges and immunities the law affords the International Organistaions. So whom do they turn to?

Well members of Bretton Woods Law of course.

So back to the original question, “Why did you set up Bretton Woods Law”?

Answer: “Because we truly believe that there is no other grouping of lawyers who can truly defend people who find themselves in the situations that our clients do, and that could be described a basic breach of their human rights and that in everyone’s minds at Bretton Woods Law is unacceptable.”

If you are an International Civil Servant or facing accusations of corruption or fraud, related to a project funded by an Multilateral Development Bank and don’t know where to find the legal help you need, please click here to find you nearest office.