The law of the international civil service : (as applied by international administrative tribunals)

書誌事項

The law of the international civil service : (as applied by international administrative tribunals)

by C.F. Amerasinghe

Clarendon Press , Oxford University Press, 1988

  • v. 1
  • v. 2

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注記

Includes index

内容説明・目次

巻冊次

v. 1 ISBN 9780198255604

内容説明

This is a treatise on the law applied by international administrative tribunals in the field of employment relations between international organizations and their staff. It analyzes and evaluates the manner in which rights and obligations in such employment relations are recognized and enforced. It also examines the controls applied by these international courts of law over the exercise of discretionary power by international organizations and discusses how the law regulating these controls operates. This first volume is a study of matters of a general nature and covers topics such as sources of law, "detournement de pouvoir" and remedies. Volume 2 deals with specific subjects such as termination of employment, disciplinary issues, transfers and promotions and their application in the law. The work is designed to be accessible and convenient for reference and to be of value to international lawyers, both academic and practising and administrators working in international organizations such as UNAT, WBAT and ILOAT.

目次

  • Preface. Summary of contents of volume 2. Part 1 Introductory: the nature of the legal system governing employment relations in international organizations
  • the authority to establish and the need for international administrative tribunals
  • international administrative tribunals and their structure and operation
  • the nature of the employment relationship in international organizations. Part 2 Sources of international administrative law: the identification of sources
  • statutory provisions in relation to sources of law
  • the contract of employment, other agreements, the circumstances surrounding employment and the instrument of appointment
  • constituent treaties
  • staff regulations, staff rules and similar written instruments
  • general principles of law
  • practice
  • international law
  • municipal law
  • equity
  • judicial precedents. Part 3 Jurisdiction: jurisdictional competence
  • inadmissibility "ratione temporis"
  • inadmissibility for other reasons
  • "Res judicata" and review of judgments. Part 4 Judicial control of decisions - general principles: the nature of administrative powers
  • "detournement de pouvoir"
  • discrimination and inequality of treatment
  • substantive irregularity
  • procedural irregularity
  • amendment, acquired rights and essential conditions. Part 5 Remedies: the authority to grant remedies and their general nature
  • remedies in the ILOAT
  • remedies in the UNAT
  • remedies in the WBAT
  • remedies in the international administrative tribunals of the European institutions
  • remedies in other tribunals
  • costs. Part 6 Procedure: aspects of procedure.
巻冊次

v. 2 ISBN 9780198256106

内容説明

This is a treatise on the law applied by international administrative tribunals in the field of employment relations between international organizations and their staff. It analyzes and evaluates the manner in which rights and obligations in such employment relations are recognized and enforced. It also examines the controls applied by these international courts of law over the exercise of discretionary power by international organizations, and demonstrates how the law regulates the powers of a monolithic bureaucracy over its staff. This volume deals with specific subjects such as termination of employment, disciplinary issues, transfers and promotions, and their application in the law. There are appendices containing documentation on subjects such as staff regulations and procedure of tribunals. Volume 1 is a study of matters of a general nature and the relevant general principles including such topics as sources of law, "detournement de pouvoir", and remedies.

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