The Law of the International Civil Service: (As Applied by International Administrative Tribunals)Volume I / Edition 2

by C. F. Amerasinghe

Overview

This widely acclaimed treatise examines the law as it is applied by international administrative tribunals in the field of employment relations between international organizations and their staffs. In this second edition, the text has been substantially revised to incorporate new laws and practices. Volume I covers general principles, while Volume II addresses specific subjects such as appointment systems, disciplinary measures, contracts, and salary scales. Each volume is effective on its own, but the two volumes combined form what is undoubtably the most lucid and comprehensive study of international civil service law.

Product Details

ISBN-13:	9780198258797
Publisher:	Oxford University Press
Publication date:	07/07/1994
Series:	Law of the International Civil Service , #1
Edition description:	Second Revised Edition
Pages:	726
Product dimensions:	9.26(w) x 6.34(h) x 1.91(d)

About 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

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

Editorial Reviews

Praise for the first edition: "A book which must rank as the leading treatise on the subject, a work which will for the foreseeable future be the definitive work on a branch of international law which is as yet in its infancy."—Sri Lanka Daily News

"A gold mine of information...A monumental work....Invaluable...to the researcher or practitioner concerned with the specialized field of international (or even national) civil service law."—American Journal of International Law

"This two-volume opus is of superior craftmanship and will be of high utility not only to international organizations and their personnel, but also to those concerned with various conceptual issues in international law."—American Society of International Law

From the Publisher