The Duty of Care of International Organizations Towards Their Civilian Personnel (eBook)

Legal Obligations and Implementation Challenges

Andrea De Guttry, Micaela Frulli, Edoardo Greppi, Chiara Macchi (Herausgeber)

eBook Download: PDF

2018 | 1st ed. 2018
XXI, 514 Seiten
T.M.C. Asser Press (Verlag)
978-94-6265-258-3 (ISBN)

Infos

This book constitutes the first comprehensive publication on the duty of care of international

organizations towards their civilian personnel sent on missions and assignments outside

of their normal place of activity. While the work of the civilian personnel of international

organizations often carries an inherent risk, the regulations, policies and practices of the

employer can help to address and mitigate that risk.

In this book, the specific content and scope of the duty of care under international law is clarified

by conducting an unprecedented investigation into relevant jurisprudence and legal sources.

Included is a critical assessment of the policies of selected international organizations while a

set of guiding principles on the duty of care of international organizations is also presented.

This publication fills a gap in the existing academic literature on the topic and is aimed

particularly at academics and practitioners interested in the legal implications of the deployment

of civilian personnel abroad by international organizations. This includes scholars

and university-level students specializing in international law, international human rights

law, the law of international organizations, labour law, EU law, international administrative

law and the UN system, and practitioners, such as lawyers and consultants, representing or

advising international organizations or their personnel on the legal aspects of deployment.

The book is also aimed at the senior management of international organizations and at their

officers in charge of recruitment, human resources, training and security, in that it clarifies

their legal obligations and provides concrete examples of the policies various international

organizations have in place for the protection of civilian personnel. Current and prospective

civilian personnel of international organizations should also find the book useful for

clarifying their rights and duties.

Andrea de Guttry is Full Professor at the Dirpolis Institute of the Sant'Anna School of

Advanced Studies in Pisa, Micaela Frulli is Associate Professor at the Dipartimento di Scienze

Giuridiche (DSG), University of Florence, Edoardo Greppi is Full Professor at the Dipartimento

di Giurisprudenza, University of Turin, and Chiara Macchi is Research Fellow at the

Dirpolis Institute of the Sant'Anna School of Advanced Studies in Pisa.

Andrea de Guttry is Full Professor at the Dirpolis Institute of the Sant'Anna School of Advanced Studies in Pisa, Micaela Frulli is Associate Professor at the Dipartimento di Scienze Giuridiche (DSG), University of Florence, Edoardo Greppi is Full Professor at the Dipartimento di Giurisprudenza, University of Turin, and Chiara Macchi is Research Fellow at the Dirpolis Institute of the Sant'Anna School of Advanced Studies in Pisa. 

Inhalt

Part I. The Duty of Care of International Organizations: Setting the Scene.- Chapter 1. International Organizations and Alleged Duty of Care Breaches: A Growing Ethical, Reputational and Financial Challenge.- Chapter 2. Comparative Analysis of International Jurisprudence and Relevant International Practice Related to the Duty of Care Obligations Incumbent on International Organizations towards their Mobile Workforce.- Chapter 3. The Duty of Care of International Organizations: Issues of Conduct and Attribution of Responsibility.- Chapter 4. Overlapping Responsibility: The Legal Relationship between the International Organization and the Host State.- Chapter 5. The Duty of States to Ensure Respect of the Duty of Care through their Membership in International Organizations.- Chapter 6. International Organizations as Employers: Examining the Duty of Care in the Light of the Different Forms of Employment Relationships.- Part II. The Implementation of the Duty of Care by Selected International Organizations: Specific Legal and Practical Challenges.- Chapter 7. Implementation of the Duty of Care by the United Nations.- Chapter 8. Implementation of the Duty of Care by the European Union.- Chapter 9. Implementation of the Duty of Care by the NATO.- Chapter 10. Implementation of the Duty of Care by the OSCE.- Chapter 11. Implementation of the Duty of Care by the Council of Europe.- Chapter 12. Implementation of the Duty of Care by the Organization of American States.- Chapter 13. Implementation of the Duty of Care by the African Union.- Chapter 14. Implementation of the Duty of Care by the World Bank.- Chapter 15. Practical Measures in the Implementation of the Duty of Care by International Organizations.- Part III. The Duty of Care as a Corollary of States’ Duty to Protect Human Rights and its Implications for International Organizations.- Chapter 16. The Duty of Care as a Corollary of Human Rights Obligations on International Organizations.- Chapter 17. The Transnational Dimension of International Organizations’ Duty of Care towards their Civilian Personnel: Lessons from the Case Law on States’ Extraterritorial Human Rights Obligations.- Chapter 18.  Victims’ Right to Reparation and the Residual Application of Diplomatic and/or Functional Protection.- Chapter 19. Concluding Remarks.- Appendices.

Produkt-Details

• Erscheint lt. Verlag: 17.8.2018
• Zusatzinfo: XXI, 514 p. 8 illus., 6 illus. in color.
• Verlagsort: The Hague
• Sprache: englisch
• Themenwelt: Recht / Steuern ► Arbeits- / Sozialrecht ► Arbeitsrecht
• Themenwelt: Recht / Steuern ► EU / Internationales Recht
• Themenwelt: Recht / Steuern ► Öffentliches Recht ► Verwaltungsverfahrensrecht
• Themenwelt: Recht / Steuern ► Öffentliches Recht ► Völkerrecht
• Themenwelt: Sozialwissenschaften ► Politik / Verwaltung ► Europäische / Internationale Politik
• Schlagworte: Duty of care • European Union • health and safety • Human Rights • International Law • International Organizations • missions • OSCE • security • UN
• ISBN-10: 94-6265-258-9 / 9462652589
• ISBN-13: 978-94-6265-258-3 / 9789462652583