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The Law of the International Civil Service: Volume I : As Applied by International Administrative Tribunals - C. F. Amerasinghe

The Law of the International Civil Service: Volume I

As Applied by International Administrative Tribunals

Hardcover Published: 28th April 1994
ISBN: 9780198258797
Number Of Pages: 726

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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.

"...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." "...an exposition both lucid and comprehensive." "The part of the book dealing with judicial control of decisions will be of great comparative value to the development of domestic law in this rapidly developing area." "The international civil servant will thus have much to be grateful for in this treatise." "...a trailblazing work." "...will no doubt be relied upon for years to come..." Professor C. Weeramantry (Sri Lanka Daily News 1989) "...a gold mine of information..." "It is a monumental work..." "...invaluable...to the researcher or practitioner concerned with the specialized field of international (or even national) civil service law." Frederic L Kirgis Jr (Board of Editors) American Journal of International Law `This extraordinarily detailed two volume work, in its 2nd edition, is by now an indispensable tool for practitioners in international administrative law ... it must be considered the principal source of reference in this small, particular world.' Industrial Law Journal

Preface to First Editionp. v
Preface to Second Editionp. vii
Summary of Contents of Volume IIp. xx
Abbreviationsp. xxi
Table of Casesp. xxv
General Principles
The Nature of the Legal System Governing Employment Relations in International Organizationsp. 3
The factual situationp. 3
Applicable regimep. 4
Municipal law of the host Statep. 5
Conflict of laws of the host Statep. 6
Need for an independent system of lawp. 6
Public international lawp. 9
The internal law of the organizationp. 9
The range of the internal lawp. 11
Breadth of the internal legal systemp. 16
Binding nature of the internal law relating to employment relationsp. 18
Basis for the binding nature of the internal law governing employment relationsp. 21
The internal law governing employment relations in international organizations and international lawp. 22
The Authority to Establish and the Need for International Administrative Tribunalsp. 26
Settlement by administrative organsp. 26
Authority to establish internal courts to decide employment disputesp. 31
The reasons for establishing administrative tribunalsp. 37
International Administrative Tribunals and their Structure and Operationp. 49
The League of Nations Administrative Tribunal and the Administrative Tribunal of the International Labour Organizationp. 49
The Administrative Tribunal of the International Institute of Agriculturep. 53
The Administrative Tribunal of the United Nationsp. 54
The Appeals Board of the OEEC and OECDp. 57
The Court of Justice of the European Communitiesp. 58
The Appeals Board of the Council of Europep. 59
The World Bank Administrative Tribunalp. 60
The Administrative Tribunal of the Inter-American Development Bankp. 61
Administrative tribunals of other international organizationsp. 62
The structure and working of international administrative tribunalsp. 63
The Nature of the Employment Relationship in International Organizationsp. 82
The problem statedp. 82
The possible alternativesp. 83
The League of Nationsp. 86
The European Communities and the OECDp. 88
Other organizationsp. 91
Conclusionp. 98
Sources of International Administrative Law
The Identification of Sourcesp. 103
Statutory Provisions in Relation to Sources of Lawp. 110
Staff Regulations and Staff Rulesp. 111
Statutes of tribunals and constitutive instrumentsp. 114
The decisions of tribunals and courtsp. 119
The Contract of Employment, Other Agreements, the Circumstances Surrounding Employment, and the Instrument of Appointmentp. 126
Constituent Treatiesp. 136
Staff Regulations, Staff Rules, and Similar Written Instrumentsp. 143
Staff Regulationsp. 143
Staff Rules and other subsidiary instrumentsp. 146
Collective agreementsp. 149
General Principles of Lawp. 151
Area of applicationp. 152
Relationship to other sources of lawp. 155
Identification of general principles of lawp. 157
Practicep. 159
Practice within an organizationp. 159
Estoppelp. 168
Practice of other organizationsp. 168
International Lawp. 170
Municipal Lawp. 176
General principles of municipal lawp. 177
Choice of lawp. 178
Incorporationp. 180
The conflict of lawsp. 182
International agreementsp. 183
Equityp. 184
Decisions ex aequo et bonop. 186
Judicial Precedentsp. 193
Citation of case-law of the same tribunalp. 194
Citation of case-law of a different tribunal or courtp. 196
Jurisdictional Competencep. 201
General considerationsp. 201
Competence ratione temporisp. 205
Competence ratione personaep. 207
Competence ratione materiaep. 210
Inadmissibility Ratione Temporisp. 216
Mandatory nature of time-limitsp. 217
Extension by agreement between the partiesp. 218
Exceptional circumstancesp. 219
The terminus a quop. 222
Inadmissibility for Other Reasonsp. 229
Insufficient clarity of groundsp. 229
Absence of purposep. 230
Agreement of releasep. 231
Scope of claimsp. 232
Absence of interestp. 233
Exhaustion of internal remediesp. 235
Inappropriate respondentp. 240
Res Judicata and Review of Judgmentsp. 241
Res judicatap. 241
Review of judgmentsp. 245
Review by the ICJp. 252
Judicial Control of Decisions: General Principles
The Nature of Administrative Powersp. 257
Decisions and omissionsp. 257
The categories of powersp. 259
The nature of the control exercised over discretionary powersp. 271
Detournment de Pouvoirp. 277
Basis for the application of the doctrinep. 277
Scope of the doctrinep. 280
Detournement de procedurep. 282
Abuse of purposep. 289
Proof of abuse of purposep. 306
Discrimination and Inequality of Treatmentp. 313
The basis for the lawp. 314
Scope of application of the principles of discrimination and unequal treatmentp. 317
Legislative powersp. 317
Administrative powerp. 328
Substantive Irregularityp. 342
Error of lawp. 343
Error of factp. 352
Standards and definitionsp. 354
Irrelevant factsp. 357
Omission of factsp. 358
Mistaken conclusionsp. 360
Arbitrariness in generalp. 362
Essential nature of the irregularityp. 364
Procedural Irregularityp. 366
The absence of the need for a written lawp. 368
Application of the written lawp. 369
Application of general principles of lawp. 371
Practicep. 373
Procedural requirementsp. 373
Essential nature of the procedural irregularityp. 397
Amendment, Acquired Rights, and Essential Conditionsp. 402
The power to make rules governing employmentp. 402
The power to amend rules governing employmentp. 403
Express and implied limitations on amendmentp. 406
Limitations on the amendment of subsidiary legislationp. 409
Limitations on amendment relating to statutory employmentp. 411
Limitations on amendment relating to employment based on qualified contractp. 415
The Authority to Grant Remedies and their General Naturep. 443
Provisions in Statutes of international administrative tribunalsp. 443
Inherent powersp. 444
General nature of remediesp. 446
Costsp. 452
Remedies in the ILOATp. 455
Annulment resulting in rescission of the decision with or without additional compensationp. 456
Annulment with rescission and the alternative of compensationp. 458
Annulment with specific performance and with or without compensationp. 459
Specific performance without explicit annulmentp. 461
Annulment and remandp. 462
Remand before the merits are judgedp. 463
Compensation for an invalid decision after annulment but without rescissionp. 464
Compensation without annulment for an invalid decisionp. 466
Remedy in the case of a valid decisionp. 467
Compensation offered by the respondent confirmedp. 468
Establishment of the quantum of compensationp. 468
Remedies in the UNATp. 480
Rescission resulting in reinstatementp. 480
Rescission and specific performance with or without compensationp. 482
Specific performance without annulmentp. 485
Remandp. 486
Compensation instead of rescission or specific performance for invalid decision at applicant's requestp. 487
Compensation in case of non-renewal of a fixed-term contractp. 487
Compensation in case of invalid decisionp. 488
Compensation awarded in the case of a valid decisionp. 491
Compensation for delinquencies not dependent on valid or invalid decisionsp. 492
The judgment as a remedy or no remedyp. 493
The establishment of the quantum of compensationp. 493
Remedies in the WBATp. 504
Rescissionp. 504
Compensation instead of rescission or specific performancep. 505
Specific performancep. 506
Compensation without rescission or specific performancep. 506
Material damagep. 508
Moral injuryp. 509
Remedy denied for inessential irregularityp. 510
Remedies in the International Administrative Tribunals of the European Institutionsp. 511
The Appeals Board of the Council of Europep. 511
The Appeals Board of ESAp. 513
The Appeals Board of ESROp. 514
The Appeals Board of ELDOp. 516
The Appeals Board of the OECDp. 516
The Appeals Board of NATOp. 521
The CJECp. 528
Remedies in Other Tribunalsp. 537
The OASATp. 537
The IDBATp. 542
The LNTp. 542
The ADB Administrative Tribunalp. 544
Costsp. 545
The LNTp. 545
The ILOATp. 547
The UNATp. 553
The WBATp. 559
The IDBATp. 561
The OASATp. 561
The Appeals Board of the Council of Europep. 564
The Appeals Board of the ESAp. 566
The Appeals Board of ESROp. 568
The Appeals Board of ELDOp. 570
The Appeals Board of the OECDp. 571
The Appeals Board of NATOp. 574
The CJECp. 578
Aspects of Procedurep. 589
Interventionp. 589
Joinder of casesp. 596
Representationp. 599
Provisional and preliminary measuresp. 602
Production of documents and informationp. 605
Oral proceedingsp. 608
Proof and evidencep. 611
Calling of witnessesp. 612
Use of expertsp. 615
Deferral or suspensionp. 616
Withdrawal of suitp. 617
Composition of the tribunalp. 620
Separation of issuesp. 621
New issuesp. 623
Written proceedingsp. 624
The judgmentp. 625
Indexp. 627
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780198258797
ISBN-10: 0198258798
Series: The Law of the International Civil Service : Book 1
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 726
Published: 28th April 1994
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 24.1 x 16.3  x 4.7
Weight (kg): 1.27
Edition Number: 2
Edition Type: Revised