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10 - Selected Issues

Access to Justice for Non-staff Personnel in the UN System

Published online by Cambridge University Press:  27 October 2025

Asier Garrido Muñoz
Affiliation:
Hague University for Applied Sciences
Jason Morgan-Foster
Affiliation:
International Court of Justice
Daniel Peat
Affiliation:
Universiteit Leiden
Anne-Marie Thévenot-Werner
Affiliation:
Université Paris-Panthéon-Assas
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Summary

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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