The International Civil Service : Redefining Its Independence /

The International Civil Service : Redefining Its Independence /

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...

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Main Author: Tavadian, Alexandre (Author)

Format: eBook

Language: English

Published: Leiden ; Boston : Brill | Nijhoff, 2025.

Series: International Law E-Books Online, Collection 2025.
Legal Aspects of International Organizations ; 64.

Subjects:

International agencies > Privileges and immunities.
International officials and employees > Legal status, laws, etc.
International officials and employees.

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Call Number: KZ5270

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Table of Contents:
  • 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
  • 1 The Genesis of International Civil Service and Its Independence
  • 1 Period Preceding the League of Nations
  • 1 .  1 International Conferences
  • 1 .  2 River Commissions
  • 1 .  3 International Public Unions
  • 2 Period during the League of Nations
  • 2 .  1 Two Conflicting Theories and Proposals
  • 2 .  2 The League's Secretariat under Sir Eric Drummond's Leadership
  • 2.3 The League's Secretariat under Joseph Avenol's Leadership
  • 3 The Period Following the League of Nations
  • 3 .  1 The Establishment of the United Nations Secretariat
  • 3 .  2 The Proliferation of Intergovernmental Organisations and Erratic Development of International Civil Service Law
  • 2 The Meaning of Independence and Essential Characteristics of an Independent International Civil Service
  • 1 The Purpose and Meaning of Independence
  • 1 .  1 What Is the Purpose of Independence?
  • 1 .  2 Whose Independence Does the Concept Regulate?
  • 1.2.1 Independence of International Secretariats
  • 1.2.2 Independence of International Civil Servants
  • 1 .  3 From Whom Should Independence Be?
  • 1 .  4 What Type of Behaviour Does Independence Aim at Preventing?
  • 2 Essential Characteristics of Independent International Secretariats and Their Staff
  • 2 .  1 Independence of the Secretariat as an Entity
  • 2.1.1 International and Domestic Legal Personality
  • 2.1.2 Privileges and Immunities
  • 2.2 Individual 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
  • 3 Practices of Member States that Erode the Independence of International Secretariats and Their Staff
  • 1 Breaches by States of igo  s Privileges and Immunities
  • 1 .  1 Breaches of  igo  s' Inviolability of Premises, Documents, Archives, Communications, and Vehicles
  • 1 .  2 Refusal 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 .  3 Taxing  igo  s
  • 2 Breaches by States of Privileges and Immunities of International Civil Servants
  • 2 .  1 Violations of Functional Immunity
  • 2 .  2 Restrictions 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 .  3 Attempts to Tax International Civil Servants
  • 3 Actions by States that Undermine the Neutrality and Impartiality of International Civil Service
  • 3.1 Interference in Personnel Management
  • 3.1.1 Involvement Permitted under Written Rules or Procedures
  • 3.1.2 Informal Interference
  • 3.  2 Secondment
  • 4 Practices 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
  • 1.1 Acts 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 .2 Acts 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
  • 2.1 Failure to Assert Privileges and Immunities of Staff
  • 2.2 Omissions 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
  • 3.1 Independence from Member States in Decisions Pertaining to Selection and Appointment of Personnel
  • 3. 2 Independence from Member States in Decisions Pertaining to Performance Appraisal
  • 3 . 3 Independence from Member States in Decisions Pertaining to Separation from Service of Personnel
  • 5 Practices 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?
  • 2.1 Obligations 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
  • 2.2 Obligations Relating to Loyalty
  • 2.3 Obligations Relating to Independence
  • 2.4 Obligations Relating to Impartiality and Neutrality
  • Conclusion and Recommendations
  • Bibliography
  • Index.