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The International Civil Service: Redefining Its Independence de Alexandre Tavadian

The International Civil Service: Redefining Its Independence: Legal Aspects of International Organizations, cartea 64

Autor Alexandre Tavadian
en Limba Engleză Hardback – 29 aug 2024
This book explores the independence of international civil servants across various intergovernmental institutions. With rich historical insights and in-depth analysis, Tavadian uncovers the complex evolution of this independence, from its early days to contemporary challenges and practices. Drawing on his vast experience and meticulous research, he critically assesses the essential role of international civil service independence in ensuring effective international cooperation and proposes concrete solutions for strengthening it. An indispensable resource for scholars, policymakers, and legal practitioners, it sheds light on the nuanced dynamics that underpin the operation and integrity of international organizations.
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Specificații

ISBN-13: 9789004704589
ISBN-10: 9004704582
Dimensiuni: 155 x 235 mm
Greutate: 0.65 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Legal Aspects of International Organizations

Notă biografică

Alexandre Tavadian, Ph.D., works as the Principal Legal Advisor of a large NATO agency headquartered in Luxembourg. Before joining NATO, he worked as a lawyer at UNHCR and the United Nations Secretariat in Lebanon, Kenya, and Thailand. Alexandre Tavadian began his legal career in the Canadian federal public service, where he worked as Legal Counsel in the Department of Justice Canada. He is the author of several books and articles, including The United Nations Law, Politics, and Practice (2021).

Cuprins

Acknowledgements

List of Tables and Diagrams

Biography

Disclaimer

Table of Cases

Table of Treaties and Agreements

Table of Resolutions

Table of Reports and Summary Records of Meetings

Table of Abbreviations and Acronyms

Introduction

1The Genesis of International Civil Service and Its Independence
1 Period Preceding the League of Nations
1.1International Conferences

1.2River Commissions

1.3International Public Unions


2 Period during the League of Nations
2.1Two Conflicting Theories and Proposals

2.2The League’s Secretariat under Sir Eric Drummond’s Leadership

2.3The League’s Secretariat under Joseph Avenol’s Leadership


3 The Period Following the League of Nations
3.1The Establishment of the United Nations Secretariat

3.2The Proliferation of Intergovernmental Organisations and Erratic Development of International Civil Service Law


2The Meaning of Independence and Essential Characteristics of an Independent International Civil Service
1 The Purpose and Meaning of Independence
1.1What Is the Purpose of Independence?

1.2Whose Independence Does the Concept Regulate?
1.2.1 Independence of International Secretariats

1.2.2 Independence of International Civil Servants


1.3From Whom Should Independence Be?

1.4What Type of Behaviour Does Independence Aim at Preventing?


2 Essential Characteristics of Independent International Secretariats and Their Staff
2.1Independence of the Secretariat as an Entity
2.1.1 International and Domestic Legal Personality

2.1.2 Privileges and Immunities


2.2Individual Independence of Staff
2.2.1 Privileges and Immunities of International Officials

2.2.2 Impartiality and Neutrality

2.2.3 Anonymity of International Civil Service



3Practices of Member States that Erode the Independence of International Secretariats and Their Staff
1 Breaches by States of igo s Privileges and Immunities
1.1Breaches of igo s’ Inviolability of Premises, Documents, Archives, Communications, and Vehicles

1.2Refusal to Recognise Jurisdictional Immunity
1.2.1 Jurisdictional Immunity Limited by Treaty

1.2.2 The Right to Have Access to Court

1.2.3 Absolute versus Restrictive Jurisdictional Immunities


1.3Taxing igo s


2 Breaches by States of Privileges and Immunities of International Civil Servants
2.1Violations of Functional Immunity

2.2Restrictions and Conditions for Recruiting Personnel
2.2.1 Refusal to Grant Agrément

2.2.2 Declarations of Persona Non Grata

2.2.3 Refusal to Issue Immigration Papers


2.3Attempts to Tax International Civil Servants


3 Actions by States that Undermine the Neutrality and Impartiality of International Civil Service
3.1Interference in Personnel Management
3.1.1 Involvement Permitted under Written Rules or Procedures

3.1.2 Informal Interference


3.2Secondment


4Practices of International Organisations that Erode the Independence of International Secretariats and Their Staff
1 Acts and Omissions that Weaken Privileges and Immunities of igo s
1.1Acts and Omissions of igo s that Undermine Their Jurisdictional Immunity
1.1.1 Failure to Establish Adequate Internal Dispute Resolution Mechanisms

1.1.2 Activities Not Authorised by Constitutive Instrument


1.2Acts and Omissions of igo s that Undermine Their Fiscal Privileges


2 Acts and Omissions of igo s that Undermine Privileges and Immunities of International Civil Servants
2.1Failure to Assert Privileges and Immunities of Staff

2.2Omissions to Take Prompt and Decisive Action against Staff Members Who Commit Misconduct


3 Failure by igo s to Ensure the Independence of Their Staff from Governments of Member States
3.1Independence from Member States in Decisions Pertaining to Selection and Appointment of Personnel

3.2Independence from Member States in Decisions Pertaining to Performance Appraisal

3.3Independence from Member States in Decisions Pertaining to Separation from Service of Personnel


5Practices of Staff Members that Erode Their Independence and the Independence of International Secretariats
1 To Whom Do International Civil Servants Owe Obligations?

2 What Obligations Do International Civil Servants Have vis-à-vis Their igo s?
2.1Obligations Relating to Integrity
2.1.1 Unethical Conduct by Executive Officials of igo s

2.1.2 Large-Scale Fraud and Corruption

2.1.3 Sexual Exploitation and Abuse


2.2Obligations Relating to Loyalty

2.3Obligations Relating to Independence

2.4Obligations Relating to Impartiality and Neutrality


Conclusion and Recommendations

Bibliography

Index