The Law of the International Civil Service / Edition 2

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Overview

This treatise on the law applied by international administrative tribunals in the field of employment relations between international organizations and their staffs examines the manner in which rights and obligations in such employment relations are recognized and enforced. Volume I studies such general topics and principles as sources of law, détournement de pouvoir, and remedies.

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Product Details

  • ISBN-13: 9780198258803
  • Publisher: Oxford University Press, USA
  • Publication date: 12/28/2001
  • Edition description: REV
  • Edition number: 2
  • Pages: 584
  • Product dimensions: 6.50 (w) x 9.50 (h) x 1.59 (d)

Meet the Author

A distinguished academic who is currently Executive Secretary of one of the most important international courts, the World Bank Administrative tribunal, a post he has held since 1981

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Table of Contents

Preface to First Edition v
Preface to Second Edition vii
Summary of Contents of Volume II xx
Abbreviations xxi
Table of Cases xxv
Part I General Principles
Introductory
1. The Nature of the Legal System Governing Employment Relations in International Organizations 3
The factual situation 3
Applicable regime 4
Municipal law of the host State 5
Conflict of laws of the host State 6
Need for an independent system of law 6
Public international law 9
The internal law of the organization 9
The range of the internal law 11
Breadth of the internal legal system 16
Binding nature of the internal law relating to employment relations 18
Basis for the binding nature of the internal law governing employment relations 21
The internal law governing employment relations in international organizations and international law 22
2. The Authority to Establish and the Need for International Administrative Tribunals 26
Settlement by administrative organs 26
Authority to establish internal courts to decide employment disputes 31
The reasons for establishing administrative tribunals 37
3. International Administrative Tribunals and their Structure and Operation 49
The League of Nations Administrative Tribunal and the Administrative Tribunal of the International Labour Organization 49
The Administrative Tribunal of the International Institute of Agriculture 53
The Administrative Tribunal of the United Nations 54
The Appeals Board of the OEEC and OECD 57
The Court of Justice of the European Communities 58
The Appeals Board of the Council of Europe 59
The World Bank Administrative Tribunal 60
The Administrative Tribunal of the Inter-American Development Bank 61
Administrative tribunals of other international organizations 62
The structure and working of international administrative tribunals 63
4. The Nature of the Employment Relationship in International Organizations 82
The problem stated 82
The possible alternatives 83
The League of Nations 86
The European Communities and the OECD 88
Other organizations 91
Conclusion 98
Sources of International Administrative Law
5. The Identification of Sources 103
6. Statutory Provisions in Relation to Sources of Law 110
Staff Regulations and Staff Rules 111
Statutes of tribunals and constitutive instruments 114
The decisions of tribunals and courts 119
7. The Contract of Employment, Other Agreements, the Circumstances Surrounding Employment, and the Instrument of Appointment 126
8. Constituent Treaties 136
9. Staff Regulations, Staff Rules, and Similar Written Instruments 143
Staff Regulations 143
Staff Rules and other subsidiary instruments 146
Collective agreements 149
10. General Principles of Law 151
Area of application 152
Relationship to other sources of law 155
Identification of general principles of law 157
11. Practice 159
Practice within an organization 159
Estoppel 168
Practice of other organizations 168
12. International Law 170
13. Municipal Law 176
General principles of municipal law 177
Choice of law 178
Incorporation 180
The conflict of laws 182
International agreements 183
14. Equity 184
Decisions ex aequo et bono 186
15. Judicial Precedents 193
Citation of case-law of the same tribunal 194
Citation of case-law of a different tribunal or court 196
Jurisdiction
16. Jurisdictional Competence 201
General considerations 201
Competence ratione temporis 205
Competence ratione personae 207
Competence ratione materiae 210
17. Inadmissibility Ratione Temporis 216
Mandatory nature of time-limits 217
Extension by agreement between the parties 218
Exceptional circumstances 219
The terminus a quo 222
18. Inadmissibility for Other Reasons 229
Insufficient clarity of grounds 229
Absence of purpose 230
Agreement of release 231
Scope of claims 232
Absence of interest 233
Exhaustion of internal remedies 235
Inappropriate respondent 240
19. Res Judicata and Review of Judgments 241
Res judicata 241
Review of judgments 245
Review by the ICJ 252
Judicial Control of Decisions: General Principles
20. The Nature of Administrative Powers 257
Decisions and omissions 257
The categories of powers 259
The nature of the control exercised over discretionary powers 271
21. Detournment de Pouvoir 277
Basis for the application of the doctrine 277
Scope of the doctrine 280
Detournement de procedure 282
Abuse of purpose 289
Proof of abuse of purpose 306
22. Discrimination and Inequality of Treatment 313
The basis for the law 314
Scope of application of the principles of discrimination and unequal treatment 317
Legislative powers 317
Administrative power 328
23. Substantive Irregularity 342
Error of law 343
Error of fact 352
Standards and definitions 354
Irrelevant facts 357
Omission of facts 358
Mistaken conclusions 360
Arbitrariness in general 362
Essential nature of the irregularity 364
24. Procedural Irregularity 366
The absence of the need for a written law 368
Application of the written law 369
Application of general principles of law 371
Practice 373
Procedural requirements 373
Essential nature of the procedural irregularity 397
25. Amendment, Acquired Rights, and Essential Conditions 402
The power to make rules governing employment 402
The power to amend rules governing employment 403
Express and implied limitations on amendment 406
Limitations on the amendment of subsidiary legislation 409
Limitations on amendment relating to statutory employment 411
Limitations on amendment relating to employment based on qualified contract 415
Remedies
26. The Authority to Grant Remedies and their General Nature 443
Provisions in Statutes of international administrative tribunals 443
Inherent powers 444
General nature of remedies 446
Costs 452
27. Remedies in the ILOAT 455
Annulment resulting in rescission of the decision with or without additional compensation 456
Annulment with rescission and the alternative of compensation 458
Annulment with specific performance and with or without compensation 459
Specific performance without explicit annulment 461
Annulment and remand 462
Remand before the merits are judged 463
Compensation for an invalid decision after annulment but without rescission 464
Compensation without annulment for an invalid decision 466
Remedy in the case of a valid decision 467
Compensation offered by the respondent confirmed 468
Establishment of the quantum of compensation 468
28. Remedies in the UNAT 480
Rescission resulting in reinstatement 480
Rescission and specific performance with or without compensation 482
Specific performance without annulment 485
Remand 486
Compensation instead of rescission or specific performance for invalid decision at applicant's request 487
Compensation in case of non-renewal of a fixed-term contract 487
Compensation in case of invalid decision 488
Compensation awarded in the case of a valid decision 491
Compensation for delinquencies not dependent on valid or invalid decisions 492
The judgment as a remedy or no remedy 493
The establishment of the quantum of compensation 493
29. Remedies in the WBAT 504
Rescission 504
Compensation instead of rescission or specific performance 505
Specific performance 506
Compensation without rescission or specific performance 506
Material damage 508
Moral injury 509
Remedy denied for inessential irregularity 510
30. Remedies in the International Administrative Tribunals of the European Institutions 511
The Appeals Board of the Council of Europe 511
The Appeals Board of ESA 513
The Appeals Board of ESRO 514
The Appeals Board of ELDO 516
The Appeals Board of the OECD 516
The Appeals Board of NATO 521
The CJEC 528
31. Remedies in Other Tribunals 537
The OASAT 537
The IDBAT 542
The LNT 542
The ADB Administrative Tribunal 544
32. Costs 545
The LNT 545
The ILOAT 547
The UNAT 553
The WBAT 559
The IDBAT 561
The OASAT 561
The Appeals Board of the Council of Europe 564
The Appeals Board of the ESA 566
The Appeals Board of ESRO 568
The Appeals Board of ELDO 570
The Appeals Board of the OECD 571
The Appeals Board of NATO 574
The CJEC 578
Procedure
33. Aspects of Procedure 589
Intervention 589
Joinder of cases 596
Representation 599
Provisional and preliminary measures 602
Production of documents and information 605
Oral proceedings 608
Proof and evidence 611
Calling of witnesses 612
Use of experts 615
Deferral or suspension 616
Withdrawal of suit 617
Composition of the tribunal 620
Separation of issues 621
New issues 623
Written proceedings 624
The judgment 625
Index 627
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