International Civil Service (International Law)

Introduction

The exponential development of international organizations is one of the most characteristic elements of modern society and international law. This development has been possible, on the one hand, by the will of states that, with common interests and needs, have chosen to create permanent institutions to carry out the necessary international cooperation. On the other hand, regarding our concern here, there is no doubt that this has been possible largely because the presence of a group of people dedicated, permanently and at an international level, to work on behalf of the international organization has been gradually articulated. They are the personnel who provide their services to the organization, they ensure its continuity, they manage its multiple activities, and they represent it internationally. This group of people, of various categories and with different conditions of service, makes up what, in general terms, we can call international civil service (fonction publique internationale). Therefore, the development of international administration and, specifically, of the international civil service has been parallel to the same development and evolution of contemporaneous international organizations and has its origins in the work originally developed in the framework of the League of Nations, which continued and was consolidated from the foundation of the United Nations in 1945. The particularities of the different international organizations also entails that each of them has its own public service system, and in each of them the relationships of employment are governed legally in different ways: either by a contractual system or a statutory system, or a combination of both. However, despite the inherent diversity of the system of international civil service and its large technical and material range, from the doctrine and with the support of international administrative judicial decisions, general visions as well as many detailed studies of technical and specific aspects of this system of international civil service or the system of civil service in a particular international organization have been formulated. Thus, in the framework of the United Nations, a common system of rules of staff has been established with the specialized agencies and other organizations involved in the United Nations system, a system of rules that also applies to the pension scheme and judicial guarantees, and whose body for the development of common standards is the International Civil Service Commission. In the framework of the European Union, a complete civil service system of a basically statutory nature has been developed, a system that is similar to that of the other European coordinated organizations. In any case, this law and practice of the international civil service has dealt with some major issues, such as the independence of the international civil servants and the privileges and immunities that guarantee the exercise of their functions independently, the diversity of the law governing the employment relations or the mechanisms of guarantee, and judicial protection of international civil servants against administrative decisions that affect their rights and can be attacked on grounds such as error on a question of law or lack of competence.

General Overviews

Despite the diversity of the legal regimes of the international civil service, it is possible to establish general aspects and categories beyond merely comparative analyses between different international organizations. In this sense, one can speak of real “manuals” on the international civil service (Amerasinghe 1994 is the leading and reference work for this purpose, and Langrod 1968 was initially one of the most complete). These general analyses are based primarily on practice and international jurisprudence related to international civil servants and, in general, refer both to the United Nations system and to a sufficiently articulated and developed civil service system such as that of the European Union (Plantey and Loriot 2005). Some authors, however, formulate their approach specifically on the civil service system of the European Union (Fuentetaja Pastor 2000, Govaere and Vandersanden 2008).

Amerasinghe, Chittharanjan Felix. The Law of the International Civil Service: As Applied by International Administrative Tribunals. 2 vols. 2d ed. New York: Oxford University Press, 1994.
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This is the most comprehensive manual and the leading book on international civil service, with a lot of jurisprudential references, as expressed in the subtitle of the book. The first volume of the book discusses general issues concerning the principles and sources of the legal system of international civil service and the judicial control of the acts and decisions in relation to this area. The second volume presents the most-important specific aspects of this system, such as the appointments and their termination, disciplinary measures, the job classification, promotion, salary structure, rights and obligations, and the right of association.
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Fuentetaja Pastor, Jesús Ángel. Función pública comunitaria. Madrid: Marcial Pons, 2000.
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A complete work that, on a wide basis of doctrine and jurisprudence, exhaustively analyzes the civil service of the European community. It addresses both the organization of the civil service and its general characteristics, and the professional career and the rights and obligations of the civil servants of the current European Union.
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Govaere, Inge, and Georges Vandersanden, eds. La fonction publique communautaire: Nouvelles règles et développements contentieux. Pratique du Droit Communautaire. Brussels: Bruylant, 2008.
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A complete and updated study on the civil service of the European Union that, on the basis of case law developments derived from European Union Civil Service Tribunal, also considers in detail the reform of the civil service from 2004, with the modifications in the staff regulations of officials and other agents of the European Union.
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Langrod, Georges. The International Civil Service: Its Origins, Its Nature, Its Evolution. Leiden, The Netherlands: A. W. Sythoff, 1968.
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A work of historical value (originally published in 1963 in French as La fonction publique internationale: Sa genèse, son essence, son évolution) that takes a comprehensive approach to the international civil service, highlighting its legal diversity as a consequence of the multiplication of international organizations. The historical overview that is presented, on the basis of the work of pioneers such as Dag Hammarskjold, is of particular interest.
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Meller, Belle S.. The Meller Conference on the International Civil Service. New York University Journal of International Law and Politics 14.4 (1982).
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Special issue of this journal, with a selection of articles from the Meller Conference on the International Civil Service. The selection is of a high level and includes aspects on the independence of the international civil servants (by Roger Barnes and James O. C. Jonah), appointments and secondments (by David Miron and Derek W. Bowett), the unions of international officials (by Paul C. Szasz; see Szasz 1982, cited under Rights and Duties), and recourse procedures (by Gurdon W. Eattles and Eduardo Jiménez de Aréchaga).
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Plantey, Alain, and François Loriot. Fonction publique internationale: Organisations mondiales et européennes. Paris: CNRS Éditions, 2005.
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New edition of a classic and indispensable work that originally was published in French (Droit et pratique de la fonction publique internationale) in 1977 by a single and prestigious author (Plantey) and was subsequently translated into different languages (The International Civil Service: Law and Management, Paris: Centre National de la Recherche Scientifique, 1981). This new edition, which incorporates a new author (François Loriot), maintains the same spirit of analysis of the whole system of the international civil service, from the rules, sentences, and practices of the main international organizations, especially the United Nations, their specialized agencies, and the European Union.
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Textbooks on International Organizations

The majority of textbooks and general works on international organizations also devote part of their content to examining the considerations on the means they have to carry out their activities (Bowett 1982, Díez de Velasco Vallejo 2008, Jenks 1962, Seyersted 2008). In some cases, these considerations are provided only from the perspective of a functional dimension, which involves certain limits (Bekker 1994). Consequently, they address issues related to the working regulations within the international organizations, and they also deal with their administration and their personnel resources—that is, international staff and the system of international civil service (mainly in Amerasinghe 2005, Reinalda 2013, and Schermers and Blokker 2011). See also Dupuy 1988.

Amerasinghe, Chittharanjan Felix. Principles of the Institutional Law of International Organizations. 2d ed. Cambridge Studies in International and Comparative Law 36. New York: Cambridge University Press, 2005.
DOI: 10.1017/CBO9780511614224Save Citation »Export Citation »E-mail Citation »
A widely used manual, specifically focused on the institutional law of international organizations. It is wide ranging and highly suggestive, and, specifically in the area of international civil service, it is particularly interesting how the author approaches the internal law of international organizations and, specifically, the law of employment relations.
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Bekker, Peter H. F. The Legal Position of Intergovernmental Organizations: A Functional Necessity Analysis of Their Legal Status and Immunities. Legal Aspects of International Organization 17. Dordrecht, The Netherlands: Martinus Nijhoff, 1994.
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An interesting analysis of the external relations of international organizations with sovereign states, on the basis of the concept of functional necessity. This concept explains for the author the existence and the extension of the legal status and the privileges and immunities of international organizations. A part of the work is devoted to a study of the crisis of the International Tin Council and the application of the functional concept to this crisis.
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Bowett, Derek W. The Law of International Institutions. 4th ed. Library of World Affairs 60. London: Stevens, 1982.
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A work of great and recognized value, a reference that provides a complete and comprehensive vision of international organizations, their functions, and their problems and also considers aspects of international administration. It is structured in four parts: global institutions, regional institutions, judicial institutions, and common institutional problems.
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Díez de Velasco Vallejo, Manuel. Las organizaciones internacionales. 15th ed. Madrid: Tecnos, 2008.
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A complete manual, in Spanish, on international organizations that addresses, in the three parts into which it is organized, general questions about international organizations, including those relating to their material resources (human and financial resources), as well as the specific consideration of the main international organizations, both universal and regional.
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Dupuy, René-Jean, ed. Manuel sur les organisations internationales / A Handbook on International Organizations. Livres de Droit de l’Académie. Dordrecht, The Netherlands, and Boston: Martinus Nijhoff, 1988.
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A complete manual on international organizations, with many contributions, published either in English or French. Specifically, some contributions address issues related to the ways and means of international organizations.
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Jenks, C. Wilfred. The Proper Law of International Organizations. London: Stevens, 1962.
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A pioneering study on the law of international organizations, specifically that which regulates their relationships with others and their activities. In this context, the author examines the sources of international administrative law, the contractual or statutory conditions of service, and the principles that protect civil servants.
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Reinalda, Bob, ed. Routledge Handbook of International Organization. Routledge Handbooks. New York: Routledge, 2013.
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A manual that includes many contributions of very different character, devoting three of its six parts to aspects related to international bureaucracy and international secretariats, their actors, and their processes.
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Schermers, Henry G., and Niels M. Blokker. International Institutional Law: Unity within Diversity. 5th rev. ed. Leiden, The Netherlands: Martinus Nijhoff, 2011.
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This is one of the most comprehensive manuals on the law of international organizations, and it is now in its fifth edition. Like most general textbooks, it devotes part of its contents to international administration and international civil servants. Regarding civil servants, it considers both their appointment and their conditions of employment and service, and their independence and legal position.
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Seyersted, Finn. Common Law of International Organizations. Leiden, The Netherlands: Martinus Nijhoff, 2008.
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This book is a comprehensive and original formulation of the legal system of international organizations. Under this perspective, international organizations must have an internal law regulating their relations with their civil servants, apart from rules governing their relations with the bodies of the organization and the member states that are part of them.
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Basic References

The law and practice related to international organizations have as fundamental sources of knowledge the regulations and other rules on personnel established as part of the internal law of the various international organizations, as well as the extensive jurisprudence adopted by international bodies such as the International Court of Justice and, especially, that of the international administrative jurisdictions that, specifically, deal with contentious cases in the international civil service. Any analysis of the international civil service from a legal perspective should be familiar with these sources of knowledge.

Judicial Decisions of the International Court of Justice

Some decisions of the International Court of Justice (ICJ) are particularly relevant for the development of the law of international civil service. Some of them because they clearly explain the necessary jurisdictional guarantees of the independence of the international civil servants (International Court of Justice 1954), and some of them because in the development of this function of guarantee they have specified particular elements of this field of law. These particular elements have been specified by the ICJ, either revising the awards of the United Nations (UN) Administrative Tribunal through an old procedure that is not currently in force (International Court of Justice 1973, International Court of Justice 1982, International Court of Justice 1987) or revising the awards of the Administrative Tribunal of the International Labour Organization (ILO) through a procedure that is still in force (International Court of Justice 1956, International Court of Justice 2012).

International Court of Justice. “Effect of Awards of Compensation Made by the United Nations Administrative Tribunal, Advisory Opinion of 13 July 1954.” ICJ Reports (1954): 47.
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In a context of political pressure from the United States, the ICJ made clear in this advisory opinion that the General Assembly did not have the capacity to refuse the execution of a decision of the UN Administrative Tribunal to establish compensation for a civil servant whose appointment had been terminated.
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International Court of Justice. “Judgments of the Administrative Tribunal of the ILO upon Complaints Made against the UNESCO, Advisory Opinion of 23 October 1956.” ICJ Reports (1956): 77.
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In the same context of political pressures in relation to the national loyalty of international civil servants, the ICJ established that the ILO Administrative Tribunal had the capacity to hear claims brought by civil servants of the UN Educational, Scientific and Cultural Organization (UNESCO), despite the opposition of the executive council of this international organization.
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International Court of Justice. “Application for Review of Judgment No. 158 of the United Nations Administrative Tribunal, Advisory Opinion of 12 July 1973.” ICJ Reports (1973): 166.
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The Fasla case was the first to be submitted to the ICJ for an advisory opinion by the Committee on Application for Review of Administrative Tribunal Judgments. The ICJ stated in this case that the UN Administrative Tribunal had exercised its jurisdiction and had not made any fundamental error in procedure that would prevent justice being done.
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International Court of Justice. “Application for Review of Judgment No. 273 of the United Nations Administrative Tribunal, Advisory Opinion of 20 July 1982.” ICJ Reports (1982): 325.
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In the Mortished case, the ICJ held that the UN Administrative Tribunal had not erred on a question of law in relation to the provisions of the Charter of the UN, and that it had not exceeded its jurisdiction or competence.
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International Court of Justice. “Application for Review of Judgment No. 333 of the United Nations Administrative Tribunal, Advisory Opinion of 27 May 1987.” ICJ Reports (1987): 18.
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In the Yakimetz case, the ICJ also considered that the UN Administrative Tribunal had exercised its jurisdiction and that it had not erred on questions of law in relation to the provisions of the Charter of the UN.
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International Court of Justice. “Judgment No. 2867 of the Administrative Tribunal of the International Labour Organization upon a Complaint Filed against the International Fund for Agricultural Development, Advisory Opinion of 1 February 2012.” ICJ Reports (2012): 10.
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In the Saez García case, the ICJ held that the Administrative Tribunal of the ILO had jurisdiction under its statute for the claim posed against the International Fund for Agricultural Development, and, therefore, that Judgment No. 2867, giving the reason to the applicant, was completely valid.
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Judicial Decisions of the International Administrative Jurisdictions

According to the characteristics of international organizations and their jurisdictional immunities, juridical controversies in relation to international civil servants are solved in jurisdictional institutions that belong to the international organizations. These jurisdictional institutions can belong either to the UN system (the Administrative Tribunal of UN, which in 2008 was replaced by the UN Dispute Tribunal and the UN Appeals Tribunal, and the ILO Administrative Tribunal), or to the European Union (the current European Union Civil Service Tribunal). The jurisprudence of these tribunals has defined, specified, and developed the law of international civil service (Reports of European Community Staff Cases, By Session, UN Administrative Tribunal 1958–, Judgments & Orders, Judgments and Orders).

By Session. International Labour Organization Administrative Tribunal / Tribunal Administratif de l’Organisation Internationale du Travail.
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Electronic publication of all judgments of the ILO Administrative Tribunal, from the first session of the tribunal held in 1947.
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Judgments & Orders. UN Appeals Tribunal / Tribunal d’Appel des Nations Unies.
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Electronic publication of the judgments and orders of the UN Appeals Tribunal, the court of appeal of the system of administration of justice of the UN, to which one can appeal decisions of the UN Dispute Tribunal.
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Judgments and Orders. UN Dispute Tribunal / Tribunal du Contentieux Administratif des Nations Unies.
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Electronic publication of the judgments and orders of the UN Dispute Tribunal, established since 2009 with the reform of the system of administration of justice of the UN.
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Reports of European Community Staff Cases / Recueil de la jurisprudence: Fonction publique. European Union Civil Service Tribunal / Tribunal de la fonction publique de l’Union européenne.
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Publication, in print and electronic versions, of the judgments and orders of the Civil Service Tribunal and those of the General Court, at which the judgments of the Civil Service Tribunal may be subject to appeal.
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UN Administrative Tribunal. Judgments of the United Nations Administrative Tribunal. UN Doc. Symbol Series AT/DEC/. New York: United Nations, 1958–.
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A collection, in different volumes and cumulative series, of the judgments and decisions of the UN Administrative Tribunal, established in 1950 and abolished 31 December 2009 with the reform of the system of administration of justice of the UN.
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Other Reports and Reference Works

The compilations of legal texts are fundamental in the study of international civil service. Among these compilations, there is the Staff Regulations and Staff Rules (Amerasinghe 1983), or the selection published annually in the United Nations Juridical Yearbook, as well as the compilations of jurisprudence of administrative tribunals (Amerasinghe 1989–1997) and the commentaries on the main decisions of these tribunals, published in specialized journals (e.g., Bodeau-Livinec 2011, Ruzié 2010, and Ruzié 2011).

Amerasinghe, Chittharanjan Felix. Staff Regulations and Staff Rules of Selected International Organizations. 5 vols. Washington, DC: Office of the Executive Secretary, World Bank Administrative Tribunal, 1983.
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A selection of the staff regulations and staff rules of the main international organizations.
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Amerasinghe, Chittharanjan Felix. Case-Law of the World Bank Administrative Tribunal: An Analytical Digest. 3 vols. New York: Oxford University Press, 1989–1997.
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A comprehensive analytical review of all the jurisprudence of the World Bank Administrative Tribunal since its establishment in 1980 until the date of the third volume (1997).
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Bodeau-Livinec, Pierre. “Activité et jurisprudence des tribunaux administratifs des Nations Unies.” Annuaire Français de Droit International 57 (2011): 301–332.
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Substituting the comments made by David Ruzié, comments regarding the activity and jurisprudence of the administrative tribunals of the UN are published in this yearbook.
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Ruzié, David. “Jurisprudence du Tribunal administratif de l’Organisation internationale du travail.” Annuaire Français de Droit International 57 (2011): 273–300.
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This yearbook publishes, in each of its volumes since 1956, a review of the jurisprudence of the ILO Administrative Tribunal. Since 1983, the comment has been written by David Ruzié, and previously it had been authored by Blaise Knapp.
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Ruzié, David. “Jurisprudence du Tribunal administratif des Nations Unies.” Annuaire Français de Droit International 56 (2010): 301–312.
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Since 1956, this yearbook has annually published (up to the volume for 2010) a comment on the jurisprudence of the Administrative Tribunal of the UN. In recent years it was written by David Ruzié, and it had previously been authored by Jacques Schwob.
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United Nations Juridical Yearbook. UN Doc. Symbol Series ST/LEG/SER.C/. New York: United Nations.
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Since 1963, the United Nations Juridical Yearbook has published legal information on the status of the UN and other related international organizations. In particular, it publishes summaries of the principal decisions of administrative tribunals of the UN and other international organizations of the system, as well as a selection of legal opinions of the secretariat of the UN and other related international organizations.
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International Administration

The internal organization of international organizations and the statute of their civil servants can also be considered from the perspective of political science, sociology, and the science of administration. These perspectives, which include legal elements and aspects of international law, study international administration or, as it is also known, international bureaucracy.

Sociological and Administrative Approach

Apart from some general works of reference on international administration (de Cooker 2009 is perhaps the most important, but we must also mention Schwob 1987 and Beigbeder 1987), the sociological approach must also be noted (Weiss 1975, Weiss 1982), as well as the fact that many other general works study the international secretariat (Giraud 1951) and, particularly, the secretariat of the United Nations (UN) as a specific international organization (Bailey 1962; Chesterman, et al. 2008; Myint-U and Scott 2007). See also Special Issue: L’administration des organisations internationals (2008).

Bailey, Sydney D. The Secretariat of the United Nations. United Nations Studies 11. New York: Carnegie Endowment for International Peace, 1962.
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This work analyzes the role of the secretary general and some organizational questions of the secretariat about the dialectic between the ideal of an independent international civil service at the UN and the frequent demands to increase the political representation and the pressures for an equitable geographic representation.
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Beigbeder, Yves. Management Problems in United Nations Organizations: Reform or Decline? Studies in International Political Economy. London: Frances Pinter, 1987.
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In the framework of the several crises of the international organizations of the UN system, and the constant criticism about their inefficiency, the author deals with the main problems of the internal management of these organizations and suggests some possible and necessary proposals of deep administrative reform, which, to a great extent, are still valid today.
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Chesterman, Simon, Thomas M. Franck, and David M. Malone. Law and Practice of the United Nations: Documents and Commentary. New York: Oxford University Press, 2008
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A book on the UN that has a clear educational orientation and devotes one of its chapters to the figure and role of the secretary general and the secretariat of the UN, with documents, cases, and a specific questionnaire that can be very useful for schools.
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de Cooker, Chris, ed. International Administration: Law and Management Practices in International Organisations. International Administration 1. Leiden, The Netherlands: Martinus Nijhoff, 2009.
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This collective book is the development and expansion of a work first published in 1990 (Dordrecht, The Netherlands: Martinus Nijhoff), which was later updated in collaboration with the UN Institute for Training and Research (UNITAR). The work focuses on the internal functioning of international organizations, addressing in more than 1,000 pages and in a very complete way the various aspects of international administration and the international civil service.
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Giraud, Émile. “Le secrétariat des institutions internationales.” Recueil des Cours 79.2 (1951): 373–509.
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This course examines the secretariat of an international organization as an international administration. It analyzes, in this sense, its role, its organization, and its working methods, as well as the international civil servants who are part of the secretariat.
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Myint-U, Thant, and Amy Scott. The UN Secretariat: A Brief History (1945–2006). New York: International Peace Academy, 2007.
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Brief overview that analyzes for each of the secretary generals of the UN (from Trygve Lie to Kofi Annan) the fundamental problems and reforms undertaken in the UN Secretariat.
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Schwob, Jacques. Les organes intégrés de caractère bureaucratique dans les organisations internationales: Essai de typologie des organes “administratifs” et “exécutifs” des organisations internationales. Brussels: E. Bruylant, 1987.
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Beyond the interstate organs most prevalent in the institutional and political balance of international organizations, this work examines the essential characteristics of the administrative or executive integrated bodies, which are independent from the domain of the states and have a distinctly international nature. The author argues that, with different responsibilities, these bodies are organized on a hierarchical and bureaucratic model and with a system of international civil service.
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Special Issue: L’administration des organisations internationales. Revue Française d’Administration Publique (2008) 126.2.
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Monographic issue of this journal that includes various contributions on the administration of international organizations, particularly in relation to their agents, their structure and functioning, and their modalities of action.
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Weiss, Thomas G. International Bureaucracy: An Analysis of the Operation of Functional and Global International Secretariats. Lexington, MA: Lexington, 1975.
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From the consideration of two cases of study (the International Labour Organization [ILO] and the UN Children’s Fund [UNICEF]) and from a critical perspective, Weiss contrasts the ideal objectives of the organizations of the UN system with the reality of an inefficient bureaucracy that should be reformed. The negative assessment formulated by Weiss in this book was reiterated by him in Weiss 1982 and, to a great extent, is still valid today.
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Weiss, Thomas G. “International Bureaucracy: The Myth and Reality of the International Civil Service.” International Affairs 58.2 (1982): 287–306.
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A suggestive article examining the theory of international civil service and the reality of international civil servants who are responsible for international cooperation. It takes the view that the heavy administrative structures of the international secretariats are counterproductive to the ideal goals of cooperation for which they were created.
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Issues on Coordination

It is also relevant in this section to include some references on interadministrative coordination—that is, between various international organizations—both in general (Jenks 1950, Lewin 1983) and, particularly, in connection with matters related to the regime of the international civil service. These issues are particularly noteworthy in the context of the UN system, with its common regime (Zyss 1987) and the International Civil Service Commission (Goossen 2009, Reymond 1982, and Zavala 1976), and at the level of the European international organizations (Aubenas 1967). See also Tavernier 1979.

Aubenas, Benoît. “Réflexions sur une fonction publique européenne: Le statut-type élaboré par la Conférence gouvernementale pour la fonction publique européenne.” Annuaire Français de Droit International 13 (1967): 587–606.
DOI: 10.3406/afdi.1967.1948Save Citation »Export Citation »E-mail Citation »
The article is an analysis of the proposed coordinated model statute for European organizations, either existing or to be created. It shows the difficulties of homologation given the various legal perspectives of the states.
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Goossen, Dirk Jan. “The International Civil Service Commission.” In International Administration: Law and Management Practices in International Organisations. Edited by Chris de Cooker, 41–83. International Administration 1. Leiden, The Netherlands: Martinus Nijhoff, 2009.
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Also see Goossen’s “The International Civil Service Commission Revisited (1989–1994)” (pp. 281–322). Comprehensive analysis of the International Civil Service Commission and its main activities since its creation in 1975, with an update. The author widely develops the work of the International Civil Service Commission regarding the standardization and harmonization of conditions of service in the common system of the UN.
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Jenks, C. Wilfred. “Co-ordination: A New Problem of International Organization; A Preliminary Survey of the Law and Practice of Inter-organizational Relationship.” Recueil des Cours 77.2 (1950): 151–302.
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With a general perspective, the author examines intergovernmental coordination mechanisms and, in particular, the interorganizational machinery of coordination and the various bodies created for that purpose.
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Lewin, André. “La coordination au sein des Nations Unies: Mission impossible?” Annuaire Français de Droit International 29 (1983): 9–22.
DOI: 10.3406/afdi.1983.2536Save Citation »Export Citation »E-mail Citation »
A suggestive analysis of a more general nature on the need and the difficulties of coordination within the UN, given the overwhelming proliferation of programs, funds, and agencies as well as the financial difficulties, which highlights also the problem of interadministrative and interinstitutional coordination.
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Reymond, Henry. “The Coordination of Personnel Policies and Administration in the United Nations System.” International Review of Administrative Sciences 48.1 (1982): 19–31.
DOI: 10.1177/002085238204800103Save Citation »Export Citation »E-mail Citation »
Review of the objectives and the organs of the UN common system in relation to salaries, allowances, and other conditions of service, in the perspective of moving toward a true unification of the international civil service.
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Tavernier, Paul. “La fusion des tribunaux administratifs des Nations Unies et de l’O.I.T.: Nécessité ou utopie?” Annuaire Français de Droit International 25 (1979): 442–459.
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Review of the proposals presented, after many attempts, to advance in the establishment of a single jurisdiction in the contentious in relation to the personnel of the UN. Although it may be problematic, the author presents aspects that should be harmonized in order to solve possible conflicts in jurisprudence.
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Zavala, Daniel. “La Commission de la fonction publique internationale.” Annuaire Français de Droit International 22 (1976): 499–527.
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Article published after the establishment of the International Civil Service Commission by the General Assembly of the UN. Analyzes its structure, functions, and powers and its relations with the international organizations of the UN system that had accepted its statute.
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Zyss, Witold. “Le régime commun des Nations Unies.” Revue Générale de Droit International Public 2 (1987): 341–478.
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An extensive and interesting article on the set of rules governing the remuneration, a number of allowances and compensations, licenses, pensions and other social benefits, and, more generally, all the employment conditions of the personnel applied by the UN and most specialized agencies of the UN system.
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Principles of the Law of the International Civil Service

Apart from the specific aspects that are considered in other sections of this article, some of the questions that are most frequently treated by the doctrine and that pose the central points of the international civil service law are related to the independence of international civil servants, the privileges and immunities, and the law and nature of employment relations. The need for the independence of international civil servants at the international organization and the guarantee of this independence have always been in constant dialectical tension in relation to the influence and interests of states, which, as well as causing some particularly relevant legal disputes (International Court of Justice 1954 and International Court of Justice 1956, both cited under Judicial Decisions of the International Court of Justice), are present in areas such as the recruitment and the appointment and promotion of international civil servants. A second central question of the law of the international civil service concerns the privileges and immunities enjoyed by international civil servants under the provisions of conventions and protocols adopted by various international organizations, which are also incorporated in the headquarter agreements and the internal norms of the states that host international organizations. Finally, the third question concerns the nature of the link of the function, which can be more contractual or more statutory, and the possibility that the international administration has to amend the conditions of employment. This dynamic is also based, on the one hand, on the tradition of common law, reflected in Anglo-Saxon civil service, and, on the other hand, on the Continental tradition of civil law and the administrative law so rooted—for example, in the French doctrine, which has been one of the most devoted to the study of aspects related to the international civil service.

Independence of International Civil Servants

This is a central aspect of the law of international civil service, which was repeatedly addressed by the doctrine in particular in the 1950s (following political pressures exerted by the United States on United Nations [UN] personnel of US nationality; see Bedjaoui 1958 and Schwebel 1953) but is still present today (Beigbeder 1988, Lemoine 1995, Meron 1980), and it has also been subject to international judicial decisions (Bekker 2009). The guarantees of the independence of experts in mission have also been considered before the International Court of Justice (International Court of Justice 1989, International Court of Justice 1999).

Bedjaoui, Mohammed. Fonction publique internationale et influences nationales. Paris: A. Pedone, 1958.
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A general work on international civil service that focuses on the need to guarantee the balance between the influence of the states and the independence of the international administration, an aspect that in the years of McCarthyism opposed the international loyalty of international civil servants to an alleged national loyalty. The book is divided into two parts: on the independence and security of international civil servants in relation to the pressures of states, and on the guarantees of independence and security.
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Beigbeder, Yves. Threats to the International Civil Service. London and New York: Pinter, 1988.
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This work, considering the central role of the international civil service in the functioning of international organizations, highlights the changes and the need for innovative approaches to international administration as a reaction against the erosion that it has experienced due to the pressure and interference of the states.
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Bekker, Pieter H. F. “The Independence of UN Special Rapporteurs: Dispute Resolution under the Convention on Privileges and Immunities.” In International Administration: Law and Management Practices in International Organisations. Edited by Chris de Cooker, 499–527. International Administration 1. Leiden, The Netherlands: Martinus Nijhoff, 2009.
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The special rapporteurs of the UN are considered experts on mission, and this article analyzes the two occasions in which the International Court of Justice (ICJ) has ruled ensuring their independence and their privileges and immunities: the advisory opinion on the case Mazilu in 1989 and on the case Cumaraswamy in 1999.
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International Court of Justice. “Applicability of Article VI, Section 22, of the Convention on the Privileges and Immunities of the United Nations, Advisory Opinion of 15 December 1989.” ICJ Reports (1989): 177.
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In the Mazilu case, the ICJ considered that Section 22 of the General Convention, which establishes the privileges and immunities of experts on mission, was applicable, delimiting as well the notion of expert on mission.
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International Court of Justice. “Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights, Advisory Opinion of 29 April 1999.” ICJ Reports (1999): 62.
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In the same line as in the previous advisory opinion concerning Mazilu (International Court of Justice 1989), the ICJ wanted to guarantee the privileges and immunities necessary for the performance of his duties to a special rapporteur of the former Human Rights Commission, considering him for all purposes as an expert on mission on behalf of the UN.
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Lemoine, Jacques. The International Civil Servant: An Endangered Species. The Hague: Kluwer Law International, 1995.
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A suggestive essay on international civil servants that analyzes if the values and tasks assigned to them are accepted and respected by states. In this sense, it analyzes the independence of international civil servants in a context of political confrontation and cold war.
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Meron, Theodor. “Status and Independence of the International Civil Servant.” Recueil des Cours 167.2 (1980): 285–384.
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This is primarily a course that analyzes the principles governing the appointment and promotion of international civil servants and the interaction between states and the international civil service. With this perspective, the author highlights the developments and factors affecting their status and independence and emphasizes the importance of having objective, independent, and efficient international civil servants.
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Schwebel, S. M. “The International Character of the Secretariat of the United Nations.” British Year Book of International Law 30 (1953): 71–115.
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In the context of the political crisis in relation to the personnel of the UN in the 1950s, the article highlights the international character of the secretariat staff and the confidence in their work, but, paradoxically, for the author this trust does depend on the reasonable accommodation of sensitivities and legitimate national interests, especially in periods of international tension.
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Privileges and Immunities

The privileges and immunities that international civil servants can enjoy are of a functional nature, responding to the interests of the function and serving to ensure that the international staff can carry out their duties in the interests of the international organization independently and with due legal and personal security. Apart from the general works on these privileges and immunities (Knapp 1965, Miller 2007, Salmon 1969, Tarassenko and Zacklin 2009) and, specifically, on the headquarters agreements and the relationship with the host states (Cahier 1959, Muller 1995), some studies on specific privileges and immunities must also be noted (Bayard 1982, Brandon 1950, Ruzié 1999).

Bayard, Thomas. “Arrestations et enlèvements de fonctionnaires des Nations Unies.” Revue Internationale des Sciences Administratives 48.1 (1982): 9–18.
DOI: 10.1177/002085238204800102Save Citation »Export Citation »E-mail Citation »
From various reported cases, the author analyzes not only the problems to ensure their independence but also the problems of security of UN personnel, in a tendency that has been increased in recent years, despite the legal provisions of the UN Charter and the General Convention.
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Brandon, Michael. “The United Nations Laissez-Passer.” British Year Book of International Law 27 (1950): 448–455.
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Brief note on the introduction, acceptance, and description of the travel document of international civil servants, which is in addition to their own national passports.
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Cahier, Philippe. Étude des accords de siège conclus entre les organisations internationales et les états où elles résident. Milan: A Giuffrè, 1959.
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This comprehensive study focuses on two central themes connected by headquarters agreements: a first theme that examines the legal personality of international organizations, and a second theme that analyzes the privileges and immunities accorded to them and their agents.
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Knapp, Blaise. “Les privilèges et immunités des organisations internationales et de leurs agents devant les tribunaux internationaux.” Revue Générale de Droit International Public 3 (1965): 615–681.
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An analysis of the functional privileges and immunities necessary to allow international organizations and their agents to achieve their objectives and to perform their functions without obstacles and independently.
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Miller, Anthony J. “Privileges and Immunities of United Nations Officials.” International Organizations Law Review 4 (2007): 169–257.
DOI: 10.1163/157237307X283822Save Citation »Export Citation »E-mail Citation »
Updated and well-documented analysis of the functional nature of these privileges and immunities as they are established in the “Convention on the Privileges and Immunities of the United Nations,” passed by the UN General Assembly in 1946 in New York. The article contains a concrete and extensive analysis of the various privileges and immunities and the various categories of persons protected by them.
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Muller, A. Sam. International Organizations and Their Host States: Aspects of Their Legal Relationship. Legal Aspects of International Organization 21. The Hague: Kluwer Law International, 1995.
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The author considers the host arrangements and analyzes the legal personality of international organizations and, specifically, all the aspects in relation to the headquarters and their privileges and immunities. It is fundamentally a practical approach that is based on what is established in the corresponding host arrangements and by national and international jurisprudence.
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Ruzié, David. “La sécurité du personnel des Nations Unies recruté sur le plan local.” Journal du Droit International 126.2 (1999): 435–444.
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This article highlights the discrimination of staff who are recruited locally in relation to staff recruited internationally, regarding their privileges and immunities and security. This discrimination is the result of the existing rules, and the author concludes that it is contrary to the general principles of the international civil service.
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Salmon, Jean J. A. “Quelques réflexions sur l’immunité de juridiction des fonctionnaires internationaux pour actes accomplis en qualité officielle.” Cahiers de Droit Européen 4 (1969): 421–458.
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From the Sayag case resolved by the Court of Justice of the European Communities, the author compares the practice of various international organizations on the interpretation of the notion of official activities, their scope, and their possible withdrawal in relation to the enjoyment of immunity of jurisdiction of international civil servants.
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Tarassenko, Serguei, and Ralph Zacklin. “Independence of International Civil Servants (Privileges and Immunities).” In International Administration: Law and Management Practices in International Organisations. Edited by Chris de Cooker, 483–497. International Administration 1. Leiden, The Netherlands: Martinus Nijhoff, 2009.
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The article analyzes how the key principle of the independence of the international civil service is guaranteed by the established rules on privileges and immunities of international organizations.
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Law and Nature of Employment Relations

This is one of the aspects of international civil service that has generated more doctrinal development regarding the statutory or contractual nature of the legal relationship linking the civil servant with the international organization (Bastid 1964, Dubouis 1985, Morgenstern 1969). The discussion, which can be considered superseded today because in practice there is to a great extent a mixture of institutional and contractual elements, is also largely derived from the different perspective of analysis between the Continental legal conception and civil law and the Anglo-Saxon conception of common law. In any case, it has also raised jurisprudential contributions of particular relevance (for example, as the most relevant, the Kaplan case of the Administrative Tribunal of the UN and the De Merode case of the Administrative Tribunal of the World Bank) and an extensive jurisprudence on the subject of the rights acquired and the unilateral amendment of employment conditions (Akehurst 1964, Apprill 1983, Ruzié 1982). See also Jordan 1995.

Akehurst, M. B. “Unilateral Amendment of Conditions of Employment in International Organizations.” British Year Book of International Law 40 (1964): 286–335.
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An analysis of the combined effect of the legal nature of the letter of appointment and the staff regulations and staff rules governing the conditions of employment of international civil servants. The staff regulations respond to the legislative competence of international organizations, but their amendments must have their limit in acquired rights and cannot be retroactive.
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Apprill, Claudette. “La notion de ‘droit acquis’ dans le droit de la fonction publique internationale: Regard sur le droit positif.” Revue Générale de Droit International Public 87.2 (1983): 315–358.
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The article focuses on a central notion in the balance between the necessary stability of the conditions of employment of international civil servants and the mutability of the general rules governing these conditions to adapt to changing reality, thus transferring to the law of international organizations notions and protections of internal rights, such as acquired rights.
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Bastid, Suzanne. “La nature réglementaire ou contractuelle du lien des fonctionnaires des institutions des Communautés européennes.” Rivista di Diritto Europeo 4.2 (1964): 135–148.
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In a general overview of the statutory system and the contractual system, this article addresses the evolution of the initial contractual regime of the European Communities toward a regulatory regime. This evolution has been a fundamental policy of the European Communities in relation with their staff. For the author, this development should lead to contributing to the formation of a stable and independent European administration.
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Dubouis, Louis. “La condition juridique des agents internationaux.” In Les agents internationaux: Colloque d’Aix-en-Provence. Edited by Société Française pour le Droit International, 3–36. Paris: A. Pedone, 1985.
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An interesting analysis that combines the considerations on an alleged unification of the legal regime of international agents with the reality of the proliferation of international organizations and, therefore, the specificity and consequent diversity of this legal regime.
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Jordan, Robert S. “Law of the International Civil Service.” In United Nations Legal Order. Vol. 2. Edited by Oscar Schachter and Christopher C. Joyner, 1059–1090. New York: Cambridge University Press, 1995.
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This article, in a collective work about the UN, provides an overview of the regime of the international civil service in the UN, addressing its international character, the recruitment, the staff rules and regulations, and the efforts to reform the administration of the international civil service.
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Morgenstern, Felice. “The Law Applicable to International Officials.” International and Comparative Law Quarterly 18.3 (1969): 739–756.
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The article studies the international status of international civil servants and their privileges and immunities, considering the problems of the sources of law and the election of the law, applicable from the point of view of the relationships between the international organization and its civil servants.
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Ruzié, David. “Le pouvoir des organisations internationales de modifier unilatéralement la condition juridique des fonctionnaires internationaux: Droits acquis ou droits essentiels.” Journal du Droit International 109.2 (1982): 421–436.
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From the Merode case (sentence of the Administrative Tribunal of the World Bank), this article is an interesting consideration of the legal status of international staff and the power to unilaterally modify the conditions of employment. The author focuses his analysis on the general principles and supports the consideration that not all provisions of the contract are acquired rights, but only those that set fundamental rules.
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International Civil Servants

One of the controversial aspects regarding the international civil service is the delimitation and conceptualization of international civil servants. The various international organizations have conceptualized them as civil servants, agents, officials, personnel, or experts, in an unsystematic way, with a different legal notion employed for each international organization as a consequence of the multiple and varied types of international civil servants. International Court of Justice 1949 (cited under Delimitation and Conceptualization) uses in a general manner the notion of “international agent” in such a way that it can be stated that the concept “agent” would be the species and the notions “civil servants” or “experts” would be some of the different types. In this wide sense, it must be understood that the figure of international civil servants includes both permanent as well as temporary personnel, those recruited locally or internationally, the professional staff or those of general services, and civil servants or other personnel seconded from national administrations. Apart from general aspects on the conceptualization and delimitation of international civil servants, other more specific aspects are developed in this section.

Delimitation and Conceptualization

To a great extent, the general works on international civil servants are included in General Overviews, to which we refer in general. The following works specifically deal with the delimitation and conceptualization of international civil servants, including generally and from a historical perspective (Basdevant 1931, Gascón y Marín 1932), general syntheses (Ruzié 1970, Pellet and Ruzié 1993), a collective work on international agents (Société Française pour le Droit International 1985), and two specific works on experts on mission (Pons Rafols 1994, Ríos Rodríguez 2009). See also International Court of Justice 1949.

Basdevant, Suzanne. Les fonctionnaires internationaux. Paris: Librairie du Recueil Sirey, 1931.
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A work of great historical value, which was the thesis of the author (Suzanne Basdevant, later Suzanne Bastid). This is one of the first scientific studies, from the international legal perspective, on international civil servants.
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Gascón y Marín, José. “Les fonctionnaires internationaux.” Recueil des Cours 41.3 (1932): 721–797.
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A pioneering work of great historical value that analyzes the diversity of international civil servants according to the nature of their duties and legal status of the organization of which they are agents. It is a precursor essay on the administrative activities of international organizations, to which the author had devoted another previous course (“Les transformations du droit international administratif,” Recueil des Cours 34.4 [1930], pp. 5–75).
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International Court of Justice. “Reparation for Injuries Suffered in the Service of the United Nations, Advisory Opinion of 11 April 1949.” ICJ Reports (1949): 174.
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Paradigmatic advisory opinion of the International Court of Justice (ICJ) on the legal personality of the United Nations (UN) and the functional protection of its agents by the international organization, in which the court also formulated a broad understanding of the notion of international agent.
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Pellet, Alain, and David Ruzié. Les fonctionnaires internationaux. Que sais-je? 2762. Paris: Presses Universitaires de France, 1993.
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Small work of a popular French collection that is a masterpiece of international civil service. Briefly, but clearly, it examines the notion of international civil servant, the link of the function, the exercise of the functions, and the international guarantees for the exercise of these functions.
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Pons Rafols, Xavier. Los expertos y las personas que tienen relaciones oficiales con la ONU. Manuales 23. Barcelona: Promociones y Publicaciones Universitarias, 1994.
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An extensive work that analyzes the legal status of experts on mission for the UN as one of the categories of international agents who are at the service of the UN.
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Ríos Rodríguez, Jacobo. L’expert en droit international. Paris: Éditions A. Pedone, 2009.
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An interesting essay that presents a comprehensive approach to the figure of the experts, from their advisory competence to the normative reception of their knowledge. In this way, it also develops their functional characterization as international agents, as well as the guarantees and protections that allow them to carry out their functions.
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Ruzié, David. Les fonctionnaires internationaux. Paris: Librairie Armand Colin, 1970.
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A short publication that must be highlighted for the synthesis made by its author on the independence of international civil servants in association with states, and their loyalty in relation to international organizations.
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Société Française pour le Droit International, ed. Les agents internationaux: Colloque d’Aix-en-Provence. Paris: A. Pedone, 1985.
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Collective work with qualified contributions of the French doctrine, organized in three parts dealing with, respectively, the international functions, career, and protection of international agents.
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Appointment and Career

Some works have examined specific aspects of the appointment and career of international civil servants, incorporating considerations about recruitment procedures (contest and test periods) (Amerasinghe and Bellinger 1983, Bettati 1987, Tavernier 1980, Vandersanden 1982), on the figure of the secondment (Schreuer 1991), and on promotion (Saggio 1992). Other works adopt a more general perspective on the evolution and reform of the recruitment systems (Ban 2010, McLaren 1996). In any case, considerations of the independence of international civil servants are present, in a way or another, in all these areas, as evidenced, for example, in the interaction between Article 100 of the Charter of the UN (independence and international character of the functions) and Article 101 (necessity of securing the highest standards of efficiency, competence, and integrity, and the guarantee of recruitment on as wide a geographical basis as possible).

Amerasinghe, Chittharanjan Felix, and D. Bellinger. “Non-confirmation of Probationary Appointments.” British Year Book of International Law 54.1 (1983): 167–206.
DOI: 10.1093/bybil/54.1.167Save Citation »Export Citation »E-mail Citation »
The article examines decisions of international administrative tribunals on the nonconfirmation of probationary appointments of civil servants, as provided in many international organizations, as well as the limits of the discretionary nature of these decisions, which, in any case, must not be arbitrary.
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Ban, Carolyn. “La réforme du processus de dotation en personnel dans les institutions de l’Union Européenne: Comment se débarrasser de la vache sacrée.” Revue Internationale des Sciences Administratives 76.1 (2010): 5–26.
DOI: 10.3917/risa.761.0005Save Citation »Export Citation »E-mail Citation »
This article discusses the evolution of the recruitment process by way of competition in the European Union institutions, and the process of reform of competitions undertaken in view of the recent enlargements and the creation of the European Personnel Selection Office.
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Bettati, Mario. “Recrutement et carrière des fonctionnaires internationaux.” Recueil de Cours 204.4 (1987): 171–444.
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Extensive and comprehensive course that highlights the magnitude and extent of the legal questions underlying the procedures of recruitment and career development of international civil servants. The basic thesis is the presence of very different systems of international civil service, a recruitment still subject to the will of the member state, and a professional career organized differently depending on the international organization concerned.
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McLaren, Robert I. “Fifty Years of Staffing the UN Secretariat: Three Stages in the Quest for Merit.” International Review of Administrative Sciences 62.1 (1996): 63–73.
DOI: 10.1177/002085239606200104Save Citation »Export Citation »E-mail Citation »
The paper presents the evolution of the recruitment of UN personnel, describing three successive phases. These include a first phase in which individual merit prevailed and the criteria of efficiency, competence, and loyalty were foremost; a second phase, starting in the 1960s, in which recruitment followed the criterion of geographic distribution; and a third phase, from the 1970s, which aims to find a balance between the two criteria.
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Saggio, Antonio. “Le système de promotion des fonctionnaires des Communautés européennes: Réflexions sur certaines orientations de la jurisprudence.” Rivista di Diritto Europeo 3 (1992): 543–557.
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An interesting study on the possibilities of promotion of the civil servants of the European Communities and the principles governing this type of administrative procedures, which lead to the adoption of acts including discretionary appreciations, and the possibility to control them legally.
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Schreuer, Christoph. “Secondment of United Nations Officials from National Civil Service.” German Yearbook of International Law 34 (1991): 307–353.
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This article analyzes the legal and practical problems of the technique of secondment, as a procedure that allows national civil servants to perform tasks temporarily in an international organization. During this period they are subject to the rules of the international organization, but they still maintain links with their national administration, to which they will, normally, return.
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Tavernier, Paul. “Les accords de recrutement des fonctionnaires des Nations Unies par voie de concours: Vers une révolution dans le droit de la fonction publique internationale?” Annuaire Français de Droit International 26 (1980): 503–523.
DOI: 10.3406/afdi.1980.2403Save Citation »Export Citation »E-mail Citation »
The difficulties of international recruitment and the considerations of geographical balance do not favor the technique of competition as a procedure for the access to international civil service; in spite of that, the UN has undertaken experiences of national competitions in order to appoint young international civil servants in the initial administrative categories.
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Vandersanden, Georges. “Le recrutement des fonctionnaires et agents dans les organisations internationales.” Journal du Droit International 109.3 (1982): 660–684.
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A review of the different procedures and methods of recruitment in international organizations and their legal regime. From the notion of recruitment the author considers the most appropriate way to achieve the objectives of competence and integrity that are pursued in the selection of international personnel.
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Rights and Duties

The characteristics of the international civil service directly affect the obligations of international civil servants, especially in relation to the exercise of their duties on behalf of the organization. Similarly, these characteristics have involved the establishment of rules and administrative practices in relation to the social rights (Morgenstern 2009, Zyss 1985) and labor rights (Bedjaoui 1957, Strohl 1957, Szasz 1982) of international civil servants, including the right to strike (Pellet 1975). See also Dalle-Crode 2008.

Bedjaoui, Mohammed. “Le syndicalisme des fonctionnaires internationaux.” Annuaire Français de Droit International 3 (1957): 435–448.
DOI: 10.3406/afdi.1957.1336Save Citation »Export Citation »E-mail Citation »
A short article about the reasons behind the evolution of unionism among international civil servants, which, however, must be distinguished from trade unionism both quantitatively and in relation to the goals of social transformation.
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Dalle-Crode, Sylvain. Le fonctionnaire communautaire: Droits, obligations et régime disciplinaire. Administration et Fonction Publique 2. Brussels: Bruylant, 2008.
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A precise analysis of the rights and obligations of European Union civil servants as they emerge from the statutory rules that govern them, and the jurisprudential developments operating within the contentious cases of community civil service.
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Morgenstern, Felice. “Social Security Problems in International Organizations.” In International Administration: Law and Management Practices in International Organisations. Edited by Chris de Cooker, 573–603. International Administration 1. Leiden, The Netherlands: Martinus Nijhoff, 2009.
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This is an article with a brief addendum in the same collective work (“No Authority without Responsibility: A Fable,” pp. 605–608), which addresses an overview of the various systems of social security that are applicable to the personnel of international organizations, their inherent weaknesses, and the claim to resemble the social security guidelines of developed countries.
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Pellet, Alain. “La grève des fonctionnaires internationaux.” Revue Générale de Droit International Public 4 (1975): 932–971.
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The article analyzes striking by international personnel, usually on labor demands, as a social phenomenon, and, as a response to the general silence of the rules on the international civil service, it also addresses the legal approach and the necessary balance between the needs of service and the right to strike.
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Strohl, Pierre. “The Representation and Professional Protection of the International Civil Servant.” Journal du Droit International 84.2 (1957): 309–359.
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A pioneering study on the role and involvement of the staff representatives in international administration and the legal limits of their performance.
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Szasz, Paul C. “Unions of International Officials: Past, Present and Future.” In Special Issue: The Meller Conference on the International Civil Service. New York University Journal of International Law and Politics 14.4 (1982): 807–839.
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This article examines the associations of international staff and their evolution, addressing the origins of the representation of international staff, functions, structure, legal status, and rights and responsibilities of these associations.
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Zyss, Witold. “La Caisse commune des pensions du personnel des Nations Unies.” In Les agents internationaux: Colloque d’Aix-en-Provence. Edited by Société Française pour le Droit International, 379–412. Paris: A. Pedone, 1985.
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The harmonization of conditions of employment in the UN system also applies to the autonomous system of social protection, the centerpiece of which is constituted by the UN Joint Staff Pension Fund.
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Behavior and Discipline

The exercise of functions on behalf of an international organization involves for the international civil servant the rights and obligations to which we have referred, but also an obligation of conduct in terms of honesty, discretion, and ethical behavior (Droesse 2009, Haynes 2008–2009) reaching even his private life. In every international organization the appropriate disciplinary procedures for misconduct have also been established in its internal rules. A special mention must be made of the reported cases of sexual exploitation and sexual abuse by international civil servants and components of peacekeeping operations, situations in which the UN has pursued a policy of zero tolerance (Pons Rafols 2012, Sweetser 2008). See also Dalle-Crode 2008.

Dalle-Crode, Sylvain. Le fonctionnaire communautaire: Droits, obligations et régime disciplinaire. Administration et Fonction Publique 2. Brussels: Bruylant, 2008.
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A precise analysis of the rights and obligations of the civil servants of the European Union as they emerge from the statutory rules that govern them, as well as the disciplinary regime and the appeal procedures and the developments in jurisprudence that operate in contentious cases of the community civil service.
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Droesse, Gerd. “Accountability, Investigation and Due Process: The Example of the Asian Development Bank.” In International Administration. Law and Management Practices in International Organisations. Edited by Chris de Cooker, 381–460. International Administration 1. Leiden, The Netherlands: Martinus Nijhoff, 2009.
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Although focused on the Asian Development Bank, this is a comprehensive study of the balance between the fair and due process and the disciplinary proceedings against the staff of an international organization, and the fight against corruption of contractors, consultants, and other persons or entities associated with the organization.
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Haynes, Dina Francesca. “Ethics of International Civil Service: A Reflection on How the Care of United Nations’ Staff Impacts the Ability to Fulfill Their Role in ‘Harmonizing’ the World.” Hamline Journal of Public Law & Policy 30 (2008–2009): 175–222.
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The article analyzes the ethical considerations in the conduct of UN staff, especially field staff. It also addresses the emotional and mental consequences that the staff can experience and considers the fact that the UN must be interested in the welfare of its personnel, something that, for example, is approached in the United Nations Stress Management Booklet (New York: UN Department of Peacekeeping Operations, 1995).
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Pons Rafols, Xavier, dir. La responsabilidad penal del personal de Naciones Unidas: Supuestos de explotación y abusos sexuales. Informes 6/2012. Barcelona: Institut Català Internacional per la Pau, 2012.
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From the reported alleged cases of sexual exploitation and abuse by UN personnel, particularly from the peacekeeping operations, this study examines the reaction and the zero-tolerance policy of the UN and the legal problems that the exercise of this criminal responsibility poses, given the diversity of categories of personnel and the presence of jurisdictional immunities that can generate a factual impunity.
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Sweetser, Catherine E. “Providing Effective Remedies to Victims of Abuse by Peacekeeping Personnel.” New York University Law Review 83 (2008): 1643–1677.
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As a response to certain situations of sexual exploitation and abuse by personnel of peacekeeping operations, this paper supports the need to establish compensation mechanisms for the victims and considers the responsibility of the UN and the states.
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Settlement of Disputes

In addition to the specificity of international civil servants and the diversity of their legal systems, it is also important to consider the fact that they are ascribed to an international organization that enjoys jurisdictional immunity in relation to state jurisdictions. This should not, however, prevent international civil servants from exercising their right to judicial protection and the protection of their rights in disputes arising between the organization and staff. Clearly, there is a need here for a double balance: on the one hand, between the necessary independence in carrying out the functions for which the organization has been created, and the sovereign interests of the states that may try to influence its action; on the other hand, between the supreme interests of the organization and the particular interests of its civil servants. These legal remedies can be informal or strictly jurisdictional.

Internal and Informal Mechanisms

In many international organizations, informal mechanisms have been established, primarily for the purposes of conciliation (de Cooker 2009), and of a mixed character or with the presence of independent and impartial ombudsmen in order to facilitate and expedite the resolution of these disputes and to avoid legal proceedings (Beigbeder 1975).

Beigbeder, Yves. “L’ombudsman du personnel des Nations Unies.” Annuaire Français de Droit International 21 (1975): 632–645.
DOI: 10.3406/afdi.1975.2350Save Citation »Export Citation »E-mail Citation »
Regarding the introduction of this figure in some international organizations, this article considers such ombudsmen’s competence to play a useful role as independent and impartial mediators in conflicts involving personnel. The ombudsman’s role entails the introduction of informal methods of conciliation, which in the UN have been developed particularly since the reform of the administration of justice carried out in 2008.
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de Cooker, Chris. “Pre-litigation Procedures in International Organisations.” In International Administration. Law and Management Practices in International Organisations. Edited by Chris de Cooker, 781–801. International Administration 1. Leiden, The Netherlands: Martinus Nijhoff, 2009.
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The article presents an overview of the different mechanisms of pre-litigation or self-regulation established in the international organizations that sometimes allow the resolution of controversies internally and in preliminary phases by mechanisms of appeal and conciliation.
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Jurisdictional Guarantees

The mechanisms established in international organizations to guarantee the jurisdictional protection of international civil servants have shown the need to guarantee their rights and their independence, but they have also evidenced the underlying tensions in relation to the interests of states. In any case, the large development and proliferation of international administrative jurisdictions, with the League of Nations at the origin of their foundation, have also allowed an extensive development of the law of international civil service. In this development, considering its more general character, the tasks of the Administrative Tribunal of the UN and the Administrative Tribunal of the International Labour Organization must be particularly highlighted (Bastid 1957), as must the procedures of access to these international administrative jurisdictions (Abla 1991, Pellet 1981) and the advisory opinions of the ICJ (see Judicial Decisions of the International Court of Justice), fundamentally in the framework of the proceedings of revision of the resolutions of the Administrative Tribunal of the UN and in the perspective of the jurisdictional guarantees of UN civil servants (Elias 2009, Pons Rafols 1999). These positions led to the extinction of these proceedings of revision and to a complete reform of the administration of justice of the UN, both in relation to the informal mechanisms and, particularly, to the establishment of a two-tier tribunal system in 2009 (Bodeau-Livinec 2008, Elias 2012). See also Société Française pour le Droit International 1996.

Abla, Walid. Les conditions de recevabilité de la requête devant les tribunaux administratifs de l’ONU et de l’OIT. Paris: A. Pedone, 1991.
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This is a detailed study from a procedural perspective, with plenty of jurisprudential decisions, that addresses the analysis of the conditions of making a claim, from the perspective of the conditions of the claimant, the act that was attacked, and the form and deadlines.
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Bastid, Suzanne. “Les tribunaux administratifs internationaux et leur jurisprudence.” Recueil des Cours 92.2 (1957): 343–517.
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The author, who was for more than thirty years a member of the Administrative Tribunal of the UN, presents a complete and exhaustive study of the history, organization, process, competences, applicable law, the power of decision, and legal appeals against the decisions of international administrative tribunals.
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Bodeau-Livinec, Pierre. “La réforme de l’administration de la justice aux Nations Unies.” Annuaire Français de Droit International 54 (2008): 305–321.
DOI: 10.3406/afdi.2008.4027Save Citation »Export Citation »E-mail Citation »
The article examines the reform of the system of administration of justice in the UN carried out in 2008. The reform includes both the informal mechanisms and, especially, the new formal system of administration of justice that has been materialized by establishing the UN Dispute Tribunal and the UN Appeals Tribunal (UNAT).
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Elias, Olufemi, ed. The Development and Effectiveness of International Administrative Law: On the Occasion of the Thirtieth Anniversary of the World Bank Administrative Tribunal. Queen Mary Studies in International Law 8. Leiden, The Netherlands: Martinus Nijhoff, 2012.
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A collective work that brings together high-level contributions that analyze in large part the work of administrative tribunals, particularly the Administrative Tribunal of the World Bank (the celebration of its thirtieth anniversary is at the origin of this work) and their influence on the development of international administrative law and their effectiveness and legitimacy.
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Elias, Taslim Olawale. “The International Court of Justice in Relation to the Administrative Tribunals of the United Nations and the International Labour Organisation.” In International Administration: Law and Management Practices in International Organisations. Edited by Chris de Cooker, 727–760. International Administration 1. Leiden, The Netherlands: Martinus Nijhoff, 2009.
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The article discusses the five advisory opinions delivered until 1990 by the ICJ on matters in relation to the staff of international organizations, particularly the three cases submitted before the ICJ by the system of revision of the decisions of the UNAT established in 1955.
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Pellet, Alain. “Les voies de recours ouvertes aux fonctionnaires internationaux.” Revue Générale de Droit International Public 85.2 (1981): 253–312.
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Continued in Revue Générale de Droit International Public 85.4 (1981): 657–792. An extensive and comprehensive analysis covering the right of appeal, the proceedings (both pre-litigation and contentious), the effects of the appeals that can be submitted by international civil servants, and possible appeals against the decision of the institution. The study highlights the need for an effective protection of international civil servants against administrative decisions that may be arbitrary.
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Pons Rafols, Xavier. Las garantías jurisdiccionales de los funcionarios de las Naciones Unidas. Universitat 7. Barcelona: Publicaciones de la Universitat de Barcelona, 1999.
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On the basis of an analysis of the mechanisms established within the UN to guarantee the judicial protection of its civil servants, this work highlights the special significance of the principle of independence in the exercise of their functions. For this purpose, the author analyzes the internal system of administration of justice in the Secretariat of the UN, the Administrative Tribunal of the UN, and, particularly, the then-existing system of review of the UNAT judgment by the ICJ.
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Société Française pour le Droit International. Le contentieux de la fonction publique internationale: Actes des journées d’études des 9–10 décembre 1994, organisées au Sénat, Salle Clemenceau. Paris: A. Pedone, 1996.
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A collective work that is a fundamental reference, containing various contributions that are the result of a conference organized by the Société Française pour le Droit International specifically devoted to the litigation of the international civil service. The work is divided into three parts, covering the diversity of international administrative jurisdictions, the methods and procedures of international administrative tribunals, and international administrative jurisprudence.
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