International service law

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The International service law is a part of public international law and regulates the rights and obligations of the staff of international organizations .

Legal sources

The international service law is not based on the legislation of the respective member states on the basis of their national sovereignty , but primarily on the standardized internal service law of the individual organizations and the individually concluded employment contracts . Of central importance in this regard are general legal principles such as natural law considerations and the requirement of legal certainty as well as the core labor standards of the International Labor Organization (ILO), which include, among other things, equal opportunities , the principle of equal treatment , the prohibition of discrimination and freedom of association .

The legal sources of international service law also include the other conventions of the International Labor Organization , customary law in the form of service practice of the respective organizations as well as the case law resulting from the case law of their internal administrative courts . As in other areas of international law, the doctrinal views of renowned legal scholars published in academic publications have an influence on the development of international public service law.

For European service law, see also: EU civil servants # European service law

jurisdiction

The need for a separate service jurisdiction arises from the exemption of international organizations from the jurisdiction of both their member countries and their home state . These courts include the Administrative Court of the International Labor Organization with jurisdiction over the employees of more than 50 organizations, the Administrative Court of the Organization of American States , the Administrative Court of the World Bank , the Administrative Court of the International Monetary Fund , the United Nations Dispute Tribunal and the United Nations Appeals Tribunal . The case law of national labor courts can also influence the decisions of the administrative courts of international organizations on certain issues.

Historical information

The development of the international service law results from the emergence of the international public service as a result of the establishment of the ILO and the League of Nations , decided after the First World War during the Paris Peace Conference of 1919 . The first official in the service of an international organization is Edward Phelan , who worked for the ILO from the beginning of 1920 and later also served as its general director. After the end of the Second World War , the number of employees of international organizations increased through the establishment of the United Nations and its specialized agencies .

literature

  • Gerhard Ullrich: The service law of international organizations: Institutional international law, law and practice. Duncker & Humblot , Berlin 2009, ISBN 3-42-812947-4
  • Annegret Streng: Service law in international organizations. Prosecution, sanction and compensation. Series: European University Writings. Verlag Peter Lang , Frankfurt am Main and Bern 2003, ISBN 3-63-139658-9

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