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Oxford University Press, USA
The Law of the International Civil Service / Edition 2

The Law of the International Civil Service / Edition 2


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The Law of the International Civil Service / Edition 2

This is the second edition of a treatise which examines the law as it is applied by international administrative tribunals in the fields of employment relations between international organizations and their staff. This edition has been substantially revised to take into account new law and practices in the field.

Product Details

ISBN-13: 9780198258803
Publisher: Oxford University Press, USA
Publication date: 12/28/2001
Edition description: REV
Pages: 584
Product dimensions: 6.50(w) x 9.50(h) x 1.59(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 Editionv
Preface to Second Editionvii
Summary of Contents of Volume IIxx
Table of Casesxxv
Part IGeneral Principles
1.The Nature of the Legal System Governing Employment Relations in International Organizations3
The factual situation3
Applicable regime4
Municipal law of the host State5
Conflict of laws of the host State6
Need for an independent system of law6
Public international law9
The internal law of the organization9
The range of the internal law11
Breadth of the internal legal system16
Binding nature of the internal law relating to employment relations18
Basis for the binding nature of the internal law governing employment relations21
The internal law governing employment relations in international organizations and international law22
2.The Authority to Establish and the Need for International Administrative Tribunals26
Settlement by administrative organs26
Authority to establish internal courts to decide employment disputes31
The reasons for establishing administrative tribunals37
3.International Administrative Tribunals and their Structure and Operation49
The League of Nations Administrative Tribunal and the Administrative Tribunal of the International Labour Organization49
The Administrative Tribunal of the International Institute of Agriculture53
The Administrative Tribunal of the United Nations54
The Appeals Board of the OEEC and OECD57
The Court of Justice of the European Communities58
The Appeals Board of the Council of Europe59
The World Bank Administrative Tribunal60
The Administrative Tribunal of the Inter-American Development Bank61
Administrative tribunals of other international organizations62
The structure and working of international administrative tribunals63
4.The Nature of the Employment Relationship in International Organizations82
The problem stated82
The possible alternatives83
The League of Nations86
The European Communities and the OECD88
Other organizations91
Sources of International Administrative Law
5.The Identification of Sources103
6.Statutory Provisions in Relation to Sources of Law110
Staff Regulations and Staff Rules111
Statutes of tribunals and constitutive instruments114
The decisions of tribunals and courts119
7.The Contract of Employment, Other Agreements, the Circumstances Surrounding Employment, and the Instrument of Appointment126
8.Constituent Treaties136
9.Staff Regulations, Staff Rules, and Similar Written Instruments143
Staff Regulations143
Staff Rules and other subsidiary instruments146
Collective agreements149
10.General Principles of Law151
Area of application152
Relationship to other sources of law155
Identification of general principles of law157
Practice within an organization159
Practice of other organizations168
12.International Law170
13.Municipal Law176
General principles of municipal law177
Choice of law178
The conflict of laws182
International agreements183
Decisions ex aequo et bono186
15.Judicial Precedents193
Citation of case-law of the same tribunal194
Citation of case-law of a different tribunal or court196
16.Jurisdictional Competence201
General considerations201
Competence ratione temporis205
Competence ratione personae207
Competence ratione materiae210
17.Inadmissibility Ratione Temporis216
Mandatory nature of time-limits217
Extension by agreement between the parties218
Exceptional circumstances219
The terminus a quo222
18.Inadmissibility for Other Reasons229
Insufficient clarity of grounds229
Absence of purpose230
Agreement of release231
Scope of claims232
Absence of interest233
Exhaustion of internal remedies235
Inappropriate respondent240
19.Res Judicata and Review of Judgments241
Res judicata241
Review of judgments245
Review by the ICJ252
Judicial Control of Decisions: General Principles
20.The Nature of Administrative Powers257
Decisions and omissions257
The categories of powers259
The nature of the control exercised over discretionary powers271
21.Detournment de Pouvoir277
Basis for the application of the doctrine277
Scope of the doctrine280
Detournement de procedure282
Abuse of purpose289
Proof of abuse of purpose306
22.Discrimination and Inequality of Treatment313
The basis for the law314
Scope of application of the principles of discrimination and unequal treatment317
Legislative powers317
Administrative power328
23.Substantive Irregularity342
Error of law343
Error of fact352
Standards and definitions354
Irrelevant facts357
Omission of facts358
Mistaken conclusions360
Arbitrariness in general362
Essential nature of the irregularity364
24.Procedural Irregularity366
The absence of the need for a written law368
Application of the written law369
Application of general principles of law371
Procedural requirements373
Essential nature of the procedural irregularity397
25.Amendment, Acquired Rights, and Essential Conditions402
The power to make rules governing employment402
The power to amend rules governing employment403
Express and implied limitations on amendment406
Limitations on the amendment of subsidiary legislation409
Limitations on amendment relating to statutory employment411
Limitations on amendment relating to employment based on qualified contract415
26.The Authority to Grant Remedies and their General Nature443
Provisions in Statutes of international administrative tribunals443
Inherent powers444
General nature of remedies446
27.Remedies in the ILOAT455
Annulment resulting in rescission of the decision with or without additional compensation456
Annulment with rescission and the alternative of compensation458
Annulment with specific performance and with or without compensation459
Specific performance without explicit annulment461
Annulment and remand462
Remand before the merits are judged463
Compensation for an invalid decision after annulment but without rescission464
Compensation without annulment for an invalid decision466
Remedy in the case of a valid decision467
Compensation offered by the respondent confirmed468
Establishment of the quantum of compensation468
28.Remedies in the UNAT480
Rescission resulting in reinstatement480
Rescission and specific performance with or without compensation482
Specific performance without annulment485
Compensation instead of rescission or specific performance for invalid decision at applicant's request487
Compensation in case of non-renewal of a fixed-term contract487
Compensation in case of invalid decision488
Compensation awarded in the case of a valid decision491
Compensation for delinquencies not dependent on valid or invalid decisions492
The judgment as a remedy or no remedy493
The establishment of the quantum of compensation493
29.Remedies in the WBAT504
Compensation instead of rescission or specific performance505
Specific performance506
Compensation without rescission or specific performance506
Material damage508
Moral injury509
Remedy denied for inessential irregularity510
30.Remedies in the International Administrative Tribunals of the European Institutions511
The Appeals Board of the Council of Europe511
The Appeals Board of ESA513
The Appeals Board of ESRO514
The Appeals Board of ELDO516
The Appeals Board of the OECD516
The Appeals Board of NATO521
The CJEC528
31.Remedies in Other Tribunals537
The OASAT537
The IDBAT542
The LNT542
The ADB Administrative Tribunal544
The LNT545
The ILOAT547
The UNAT553
The WBAT559
The IDBAT561
The OASAT561
The Appeals Board of the Council of Europe564
The Appeals Board of the ESA566
The Appeals Board of ESRO568
The Appeals Board of ELDO570
The Appeals Board of the OECD571
The Appeals Board of NATO574
The CJEC578
33.Aspects of Procedure589
Joinder of cases596
Provisional and preliminary measures602
Production of documents and information605
Oral proceedings608
Proof and evidence611
Calling of witnesses612
Use of experts615
Deferral or suspension616
Withdrawal of suit617
Composition of the tribunal620
Separation of issues621
New issues623
Written proceedings624
The judgment625

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