1 00:00:00,330 --> 00:00:07,319 Welcome to all of you. Joining today's talk and in-person and online. 2 00:00:07,320 --> 00:00:16,559 I'm very grateful. First need to survivorship introducing Neal points out reintroducing me to the discussion and of course to Natasha. 3 00:00:16,560 --> 00:00:25,170 I read that nothing would be possible here and before I say anything else, 4 00:00:25,170 --> 00:00:31,280 I am going to underline the fact that my remarks are made in a purely personal capacity. 5 00:00:32,110 --> 00:00:36,719 As I say, it's a pleasure to return to the group, to the discussion. 6 00:00:36,720 --> 00:00:46,320 Greater confidence, national law, excellence and my lasting career led to an article for the line Journal of International Law 7 00:00:46,650 --> 00:00:52,320 on the authority to the interpretation of the treaty basis of international organisations. 8 00:00:52,320 --> 00:01:01,830 And I have to share today that that subject and today's topic are fundamentally interrelated. 9 00:01:03,810 --> 00:01:06,870 But that's what I wanted to do, is to redeem this law. 10 00:01:06,870 --> 00:01:12,390 That said, all international administrative law from from obscurity. 11 00:01:13,260 --> 00:01:16,319 Although paradoxically, I will continue to do this. 12 00:01:16,320 --> 00:01:18,780 I'll do anything on this occasion. 13 00:01:19,380 --> 00:01:29,520 And secondly, I want to modestly offer a version of the law, which I would contend, I just submit to you with more work. 14 00:01:30,690 --> 00:01:40,830 And by this I mean identifying a usable and no clickable law and legal structure to implement related disputes of international organisations. 15 00:01:41,960 --> 00:01:53,530 I would say welcome your sceptical consideration of all of this and the contribution of any sort of analogies or analysis, analysis and analogies. 16 00:01:53,550 --> 00:01:59,510 Next steps to honest and genuine international law with which you may be intimately familiar with. 17 00:01:59,510 --> 00:02:04,440 I am not so following this introduction. I'm going to divide my people into three parts. 18 00:02:04,460 --> 00:02:13,880 I'm going to begin with a short case study by way of kind of round the discussion of how the applicable law is typically stated in the sort of facts, 19 00:02:13,880 --> 00:02:16,680 the sort of employment related parts it interacts with. 20 00:02:16,710 --> 00:02:24,020 And second, sketch out the three central controversies to the law, including my annual observations. 21 00:02:24,440 --> 00:02:34,790 And lastly, thirdly, I'll suggest a workable version of the employment law of international organisations, and I'll do the remarks. 22 00:02:36,800 --> 00:02:41,490 The Employment Law of international organisations, so called international administrative law, 23 00:02:41,490 --> 00:02:48,050 or is it sometimes named the law of the International Civil Service is almost 200 years old. 24 00:02:48,440 --> 00:02:52,970 And I say this because the treaty signed, signed in 1919, 25 00:02:54,050 --> 00:02:59,150 bringing the First World War to conclusion, incorporating the covenant of the League of Nations. 26 00:02:59,900 --> 00:03:00,830 For the first time, 27 00:03:00,830 --> 00:03:11,059 you have an international organisation that was deliberately intended to be staffed not by second is not by envoys from the states, 28 00:03:11,060 --> 00:03:17,360 but instead by an independent national civil service loyal only to the league. 29 00:03:18,770 --> 00:03:25,940 And the best employment related dispute that arose in this setting remain is, I think, constructive. 30 00:03:26,950 --> 00:03:36,880 It involved as the claimant, an official with cold fronts from the north and he had been appointed to the Secretariat on a binding contract. 31 00:03:37,360 --> 00:03:41,230 As I have to say, I think his timing was rather marvellous. 32 00:03:41,560 --> 00:03:45,250 The director of the Tracy writing section. This is his job. 33 00:03:45,850 --> 00:03:54,340 But in February 1921, he mutually agreed with the Secretary General, Eric Drummond, 34 00:03:54,880 --> 00:04:03,130 that upon the reorganisation of the section, he would cease to act as its director and he would go on a leave of absence. 35 00:04:03,610 --> 00:04:16,180 And the understanding was that he would then be reabsorbed into the Secretariat as soon as a suitable pace and such suitable pace did arise. 36 00:04:17,020 --> 00:04:21,429 I have to say, based upon my own experience as a practising international organisations, 37 00:04:21,430 --> 00:04:30,790 where this kind of happening is a fairly timeless sort of case could occur. 38 00:04:31,990 --> 00:04:38,840 Yesterday, for instance, Larry. Menon's dispute was referred to the council at the League of Nations. 39 00:04:38,870 --> 00:04:46,940 There was no other apparatus in place, and the Council formed a commission to advise them on how to resolve the dispute. 40 00:04:46,970 --> 00:04:55,940 The Commission was comprised of three international jurists, an Italian adoption, Swedish national, and they reported in 1925. 41 00:04:57,900 --> 00:05:09,620 The Commission found that Minot's employment was not contractual or in other words, simply a private bargain between employer and employee. 42 00:05:10,200 --> 00:05:20,490 But instead it said the public administration by the League of Nations accomplishes an act of authority for an object of public utility, 43 00:05:20,760 --> 00:05:25,320 and by such act it confers on private persons public duties. 44 00:05:25,620 --> 00:05:35,460 Thus, in tandem with the status of officials, inasmuch as it is this delegation of public duties that characterises the appointment to offices. 45 00:05:37,440 --> 00:05:44,730 The Commission regarded this transposition from private and public officeholder as inherent 46 00:05:45,030 --> 00:05:51,030 to membership of the Secretariat and essentially to being an international civil servant. 47 00:05:51,480 --> 00:05:57,719 Since the league was an intergovernmental entity activated by public interest and 48 00:05:57,720 --> 00:06:01,920 in turn the Commission found that relations connected with public employment 49 00:06:01,920 --> 00:06:11,700 are always governed by the exigencies of the public interest to which the private and personal interests of the officials must necessarily give way. 50 00:06:13,240 --> 00:06:25,690 However, the commission also cautioned that this unfettered sense of authority was, in fact not founded. 51 00:06:26,230 --> 00:06:32,170 It said This does not mean that a public administration can exercise its powers in an arbitrary manner. 52 00:06:33,100 --> 00:06:41,830 The public administration must always, in all its acts, have regard to the public interest and respect the principles of justice. 53 00:06:42,310 --> 00:06:53,620 If it if it exceeds its powers for private ends or any is not authorised by law, or if it commits an injustice, it is guilty of unlawful acts. 54 00:06:55,030 --> 00:07:02,350 Consequently, the Commission found that the only legal question to issue was whether the claimant, Mr. Maynard, 55 00:07:02,800 --> 00:07:09,460 had been relieved of his duties dictated solely by regard for the interests of the administration. 56 00:07:10,600 --> 00:07:18,120 If there is no reason to think otherwise, then the discretion of the Secretary General was unquestionable. 57 00:07:20,170 --> 00:07:25,000 The Commission consequently upheld the termination of the appointment, 58 00:07:25,540 --> 00:07:32,200 but in fact it found that he was a summons unpaid before the end of his appointment, 59 00:07:32,710 --> 00:07:41,770 lasting than that because he had been induced to step down by what proved to be an empty promise of future re-engagement. 60 00:07:43,130 --> 00:07:46,040 So in the aftermath of this ad hoc committee, 61 00:07:46,880 --> 00:07:54,080 the League of Nations went on to establish a so-called International Administrative Tribunal to this in 1927. 62 00:07:54,650 --> 00:08:02,360 This tribunal continues to exist today as the Administrative Tribunal of the International Labour Organisation. 63 00:08:03,500 --> 00:08:08,310 The little beaches of this case hundred years old. 64 00:08:09,420 --> 00:08:19,350 The assertion of this self-evident but unattributed applicable law somehow derived from the statements of the treaty based employing entity. 65 00:08:19,530 --> 00:08:26,850 This will remain relevant to attendant and unresolved controversies today. 66 00:08:29,780 --> 00:08:40,640 These controversies I want to turn to now. I think it's fair to say that when I'm usually talking about so-called international administrative law, 67 00:08:41,030 --> 00:08:52,850 I'm fairly breezy about its nomenclature, it's cohesiveness and its mere existence. 68 00:08:54,170 --> 00:09:02,450 However, all three of these speeches are respectable, in my opinion, rather consequential controversies. 69 00:09:02,810 --> 00:09:10,760 And so I'm going to try to say them to you and offer my observations to begin with. 70 00:09:11,060 --> 00:09:21,299 Nomenclature. You will have noticed, I think I would say far, but rather cautiously, rather furiously, 71 00:09:21,300 --> 00:09:34,800 perhaps cryptically to an international administrative law practised by so-called the term international administrative law is in wide usage. 72 00:09:34,800 --> 00:09:38,460 It is ubiquitous, but it is constantly criticised. 73 00:09:40,830 --> 00:09:52,110 One of its critics, Shinichi, ago, a Japanese jurist and not an importantly a member of the Asian Development Bank Administrative Tribunal. 74 00:09:53,070 --> 00:09:59,130 He argues that the literal legal definition of international administrative law in no way 75 00:09:59,400 --> 00:10:06,750 would lead you to suppose that is connoted the employment law of international organisations. 76 00:10:07,110 --> 00:10:13,950 He notes that the leading author in the field cannot and there is Stingo refers to the sources of 77 00:10:13,950 --> 00:10:20,300 international administrative law or the law governing employment relations in international organisations. 78 00:10:21,850 --> 00:10:30,000 AJ concludes that the notion of international administrative law is clearly set to the concept of international institutional rule, 79 00:10:30,390 --> 00:10:42,810 or the state owned Global Administrative Law concept worked on by Benedikt Kingsbury and his colleagues at NYU. 80 00:10:43,650 --> 00:10:49,410 They said both nations are based on the assumption that there is an international public interest or global governance, 81 00:10:49,410 --> 00:10:52,260 which is administered by a set of international rules. 82 00:10:53,590 --> 00:11:01,690 Well, I think that the administrative and international administrative law has stuck for three reasons. 83 00:11:02,940 --> 00:11:08,970 Firstly, as you heard from our case study in the first so-called international administrative law case, 84 00:11:09,420 --> 00:11:15,959 the concept of an international organisation exercising has a public administration and hence the 85 00:11:15,960 --> 00:11:22,300 notion that international civil servants are administrators as being present from this law section. 86 00:11:23,760 --> 00:11:32,729 Second, it's also the case, I think that within international organisations a shorthand exists dividing the functioning of the institution 87 00:11:32,730 --> 00:11:40,320 between operational on the one hand and in some cases administration or administrative activities. 88 00:11:40,350 --> 00:11:46,950 On the other hand, the operations means the fulfilment of the mandate of the organisation and its related. 89 00:11:46,950 --> 00:11:54,840 Nor say the mandate is international finance development for multilateral development banks. 90 00:11:55,800 --> 00:12:03,150 This will be if its operations and administration means everything else, including staffing the institution. 91 00:12:04,140 --> 00:12:09,030 And notably you'll appreciate that operations differ between international organisations. 92 00:12:09,030 --> 00:12:12,420 But administration is a commonality. 93 00:12:14,160 --> 00:12:29,040 And lastly, in approaching nomenclature, generally international organisations demonstrate a tendency to downplay or de-escalated terminology, 94 00:12:29,460 --> 00:12:37,740 intending to evade legal rigidity and perhaps or say elevated governance authorisations. 95 00:12:38,700 --> 00:12:44,590 What I mean by that I mean that the memorandum of understanding is ubiquitous. 96 00:12:45,030 --> 00:12:49,560 Almost everything that can be achieved through the memorandum of understanding, nothing more is needed. 97 00:12:50,370 --> 00:12:55,800 Thus, the Forum for Resolving Employment Related Disputes takes the name innocuously. 98 00:12:55,830 --> 00:13:00,030 Administrative Tribunal or International Administrative Tribunal. 99 00:13:00,900 --> 00:13:07,530 So it seems as a consequence that an International Administrative Tribunal applies international administrative law. 100 00:13:08,830 --> 00:13:12,630 But this observation this may just call them. 101 00:13:12,650 --> 00:13:19,629 Catanese The naming Chris, the cook at president and member of several international administrative tribunals, 102 00:13:19,630 --> 00:13:28,320 writes The Nation and International Administrative Law As our Nation International Administrative Tribunal is indeed misleading these days, 103 00:13:28,600 --> 00:13:31,030 since these tribunals, with a few exceptions, 104 00:13:31,330 --> 00:13:38,200 generally only do international civil service cases and not with challenges to other administrative decisions. 105 00:13:39,950 --> 00:13:49,100 And indeed, our second controversy three relates to these so-called international administrative tribunals, 106 00:13:49,310 --> 00:13:56,420 namely the cohesiveness or absence of business that the law. 107 00:13:57,770 --> 00:14:07,479 You may have heard me already. You had me referred to the International Civil Service, even though as you introduce international administrative, 108 00:14:07,480 --> 00:14:12,020 you'll find the term international civil servant unobjectionable. 109 00:14:13,700 --> 00:14:21,410 And yet what we mean when we say this is we mean employees of innumerable international 110 00:14:21,740 --> 00:14:29,000 organisations saying we don't mean what we mean when we say national civil service. 111 00:14:29,420 --> 00:14:40,100 In other words, all officials can easily and ultimately answerable to a single head of state, a single head of state and head of government, perhaps. 112 00:14:40,910 --> 00:14:53,270 And because of this or compounding this, depending upon your point of view, there is a multitude of international administrative tribunals. 113 00:14:54,180 --> 00:14:59,790 In light of the jurisdiction immunity of International Organisations Administrative Tribunal as are 114 00:14:59,790 --> 00:15:06,600 established as subsidiary organs by the plenary governments organs of international organisation. 115 00:15:07,620 --> 00:15:14,850 What I mean, I mean it is the United Nations General Assembly that establishes the Administrative Tribunal. 116 00:15:15,120 --> 00:15:22,020 The UN is the Board of Governors of the World Bank to establish the World Bank Administrative Tribunal and so forth, 117 00:15:22,410 --> 00:15:26,190 and these tribunals adjudicate employment related disputes. 118 00:15:26,950 --> 00:15:30,930 And beyond that, there is no appeal or recourse. 119 00:15:31,950 --> 00:15:41,130 And as I said, the League of Nations Administrative Tribunal became the ILO's Administrative Tribunal, the ILO 80 in 1946. 120 00:15:42,090 --> 00:15:45,710 The ILO 80 is somewhat unusual. 121 00:15:45,720 --> 00:15:53,910 About 60 international organisations recognise the jurisdiction, the appellate jurisdiction of the ILO team. 122 00:15:55,810 --> 00:16:02,110 In 1949, the United Nations Administrative Tribunal was established. 123 00:16:03,070 --> 00:16:08,410 It is maze of you familiar with the jurisprudence of the International Court of Justice. 124 00:16:08,770 --> 00:16:20,860 The style of the ICJ is advisory opinion towards compensation made by the UN agency and it was established in 1954. 125 00:16:21,730 --> 00:16:30,160 This then was replaced by a two tier undisputed tribunal and the UN Appeals Tribunal in 2009. 126 00:16:31,660 --> 00:16:45,580 In addition to the UN funds and programme, about a dozen other UN specialised agencies recognise the UN jurisdiction. 127 00:16:46,600 --> 00:16:52,149 But then there are no other than a major international administrative tribunal, 128 00:16:52,150 --> 00:16:57,760 as there are no other essentially co-ordinator and National Administrative Tribunal. 129 00:16:57,860 --> 00:17:07,320 Instead, there are countless tribunals possessing jurisdiction limited to the international organisation that establishes them. 130 00:17:07,930 --> 00:17:15,910 So all I advise international financial institutions have their own tribunal, the World Bank and the IMF, 131 00:17:16,300 --> 00:17:21,430 the Asian Development Bank, the African Development Bank, IDA, the European Stability Mechanism, 132 00:17:21,910 --> 00:17:25,000 the Inter-American Development Bank, Bank of International Settlements, 133 00:17:25,000 --> 00:17:33,850 etc. etc. etc. They all have their own administrative tribunal, same as the Commonwealth Secretariat in London. 134 00:17:34,690 --> 00:17:41,020 I happen to be the Executive Secretary of the Commonwealth Secretariat Arbitral Tribunal. 135 00:17:42,140 --> 00:17:58,190 The latest I'm told the latest a t to be established with all of the Caribbean community within CARICOM in 2019 and the cook at the jurist I 136 00:17:58,190 --> 00:18:06,770 mentioned earlier he's written there is that or no reason to think that a proliferation of international administrative tribunals will not continue. 137 00:18:07,520 --> 00:18:13,819 In fact, several organisations regularly review that dispute resolution systems and is they do not 138 00:18:13,820 --> 00:18:20,750 have their own tribunal often consider the advantages and inconveniences of creating more. 139 00:18:23,100 --> 00:18:32,850 But then you might think, well, this abundance of venues must, must lead to some certainty of the applicable law. 140 00:18:34,290 --> 00:18:42,900 The ILO 80 has today issued 4579 judgements. 141 00:18:43,650 --> 00:19:00,450 The World Bank Administrative Tribunal, founded in 1988, has issued 685 websites of the UN system is too cumbersome to quickly add up to the total. 142 00:19:01,200 --> 00:19:09,510 But I think it's reasonable to suppose that we now past the point where there are 10,000 or so judgements by these tribunals. 143 00:19:11,080 --> 00:19:17,780 But the statutes, the governing instruments of administrative tribunals and the sanctions that they place, 144 00:19:17,800 --> 00:19:21,820 which can be considered places to an inexplicable nor sanction. 145 00:19:22,690 --> 00:19:26,519 Will they in the trouble that is, 146 00:19:26,520 --> 00:19:36,370 you say the identity statute says the tribunal should be competent to hear complaints alleging non observance in substance or in form of the terms 147 00:19:36,370 --> 00:19:44,260 of appointment of officials of the International Labour Office and of some provisions of the staff regulations as are applicable to the case. 148 00:19:45,730 --> 00:19:50,920 Similarly, the WBA, the World Bank Administrative Tribunal in statute, 149 00:19:50,920 --> 00:19:57,100 says the tribunal should hear and pass judgement on any application by which a member of the staff of the bank 150 00:19:57,100 --> 00:20:03,620 group alleges non observance of the contract of Employment or terms of appointment of such staff member. 151 00:20:04,450 --> 00:20:11,920 The words contract of employment and terms of appointment include all pertinent regulations and rules enforced at the time of the national observance, 152 00:20:12,310 --> 00:20:15,460 including the provisions of the staff retirement plan. 153 00:20:16,960 --> 00:20:22,210 No mention of matters of international administrative rule. 154 00:20:23,170 --> 00:20:32,470 Occasionally, a tribunal statute does revert to international administrative law as a source of law as applicable law. 155 00:20:32,590 --> 00:20:39,910 But it doesn't define the term this act, the statute of the Commonwealth Secretariat Tribunal states. 156 00:20:40,330 --> 00:20:43,900 In dealing with a case relating to a contract of service. 157 00:20:45,110 --> 00:20:48,980 The Tribunal shall be bound by the principles of international administrative law, 158 00:20:49,430 --> 00:20:54,050 which shall apply to the exclusion of the national laws of individual member countries. 159 00:20:56,600 --> 00:21:03,950 As an observation, I can tell you that this is done when new tribunals are created to try and tether them. 160 00:21:05,790 --> 00:21:11,579 To the existing extant universe of administrative tribunals and so-called international 161 00:21:11,580 --> 00:21:18,030 administrative laws without being bound or compelled by a stricter sense of precedent. 162 00:21:19,610 --> 00:21:23,780 Say lastly, and most importantly, that control is. 163 00:21:24,560 --> 00:21:37,210 The mere existence of the law. Even the very existence of international law is doubted after every 100 years. 164 00:21:38,420 --> 00:21:45,920 This criticism has two layers. The first line is that these international organisations are self-contained legal regimes. 165 00:21:45,920 --> 00:21:50,750 You cannot draw on a case, your administrative tribunal side, the organisation. 166 00:21:51,890 --> 00:22:01,820 Thus reference to a law that supports to do this and suggesting amalgamation is is misconceived. 167 00:22:02,960 --> 00:22:12,620 The very first case decided by the World Bank's administrative tribunal in 1986 struggled to resolve this. 168 00:22:13,040 --> 00:22:22,670 And it is said that it is somewhat of an it's an important judgement known as Demarais. 169 00:22:24,170 --> 00:22:28,909 While the various international administrative tribunals do not consider themselves bound by each 170 00:22:28,910 --> 00:22:35,750 other's decisions and have worked out a sometimes divergent jurisprudence adapted to each organisation, 171 00:22:35,750 --> 00:22:41,390 it is equally true that on certain points the solutions reached are not significantly different. 172 00:22:41,960 --> 00:22:47,030 It even happens that the judgements of one tribunal may refer to the jurisprudence of another. 173 00:22:47,060 --> 00:22:53,660 Some of these judgements even go so far as to speak of general principles of international civil service law, 174 00:22:54,050 --> 00:22:58,430 or of a body of rules applicable to the International Civil Service. 175 00:23:00,970 --> 00:23:07,630 The next sentence is somewhat surprising. Whether these similar features amount to a true audience jurist. 176 00:23:07,650 --> 00:23:12,630 It's not a matter on which it is necessary for the tribunal to express a view. 177 00:23:14,100 --> 00:23:20,850 Instead, it says the tribunal is ready to take note of situations and especially comfortable conditions by other administrative tribunal, 178 00:23:20,850 --> 00:23:23,999 particularly those of the United Nations family. In this way, 179 00:23:24,000 --> 00:23:28,920 the tribunal may have to take account of its diversity of international organisations and the 180 00:23:28,920 --> 00:23:35,400 special character of the canon without neglecting the tendency towards a certain rapprochement. 181 00:23:36,940 --> 00:23:41,620 It is a very, very grand formulation. 182 00:23:45,450 --> 00:23:49,320 It could be glossed, I think, by. 183 00:23:51,370 --> 00:23:55,190 Shinichi Naga is observation is written. 184 00:23:55,360 --> 00:24:03,760 It is an undisputed reality that judges referred to other international administrative tribunals decisions and more generally 185 00:24:03,970 --> 00:24:12,540 to international administrative law whenever they have difficulty identifying concrete rules to support their arguments. 186 00:24:14,780 --> 00:24:24,200 The secondly, the alleged non-existence of so-called international administrative law is the criticism that even. 187 00:24:25,460 --> 00:24:34,460 Simple concrete rules do not amount to, well, what the WBA might call a true corpus juris. 188 00:24:36,320 --> 00:24:40,880 Embarrassing to the leading scholar of the field. 189 00:24:42,620 --> 00:24:55,400 Possesses a somewhat noteworthy view, particularly in light of how exhausted is treated these days, he said. 190 00:24:56,330 --> 00:25:03,890 It is unnecessary and not possible to evolve a theory relating to the formal sources referred to by tribunals. 191 00:25:05,030 --> 00:25:12,170 Suffice it to say that there are numerous formal from which tribunals have in practice derived the rules which they apply. 192 00:25:12,590 --> 00:25:20,240 Such reference has best made not rested on any preconceived theory and formal sources of international administrative law. 193 00:25:20,510 --> 00:25:27,980 Rather, practical necessity and judicial wisdom have determined what formal sources should be in banks in deciding cases. 194 00:25:29,240 --> 00:25:36,290 Nevertheless, he goes on to identify a brutal knowledge of sources, including staff, regulations, 195 00:25:36,290 --> 00:25:42,710 dog rules, statutes and tribunals, decisions of tribunals, contracts, employment and similar instruments. 196 00:25:43,220 --> 00:25:46,520 Constituent instruments, general principles of law. Practice. 197 00:25:46,520 --> 00:25:50,390 International Law. Municipal law. Equity and judicial precedents. 198 00:25:51,740 --> 00:25:58,700 So an undeniable degree of judicial wisdom would be required to sift through all of this. 199 00:25:58,700 --> 00:26:05,000 And this clearly is a headache for the judges. 200 00:26:07,730 --> 00:26:21,530 This is to say nothing of the complexity that it might lead to in ordinary stone evidence of international organisations with embarrassing. 201 00:26:21,710 --> 00:26:25,300 You start to get this sort of sense that you could just sort of throw everything at it, 202 00:26:25,310 --> 00:26:31,610 maybe including a gesture to the Vienna Convention on the Law of Treaties, Article 31. 203 00:26:31,610 --> 00:26:37,760 General rule of interpretation, and I'll say the ICJ statute, Article 38 and the applicable law. 204 00:26:39,890 --> 00:26:47,030 But let's just pause and say, well. Let's take up general principles of law. 205 00:26:48,230 --> 00:26:55,250 As an indispensable part of the applicable law of, say, international administrative law. 206 00:26:55,760 --> 00:26:59,300 How exactly then they ought to be identified? 207 00:27:00,170 --> 00:27:08,300 And how then are they to penetrate the carapaz of the jurisdiction immunity of international organisations. 208 00:27:10,200 --> 00:27:15,990 Let's go back to concrete examples of NANOG and the principle expressed by the Commission. 209 00:27:16,080 --> 00:27:22,590 Public administration must always, in all its acts, have regard to the public interest and respect the principles of justice. 210 00:27:24,730 --> 00:27:29,560 Is this a general principle of law recognised by civilised nations? 211 00:27:30,640 --> 00:27:35,470 The ICJ statute, Article 38, subsection C? 212 00:27:36,130 --> 00:27:42,790 Or is it a general rule of international law within the terms of the ICJ advisory 213 00:27:42,790 --> 00:27:48,189 opinion or interpretation of the agreement between W.H.O. and Egypt when they read 214 00:27:48,190 --> 00:27:53,019 international organisations all subject to international law and as such are bound 215 00:27:53,020 --> 00:27:57,460 by any obligations incumbent upon them under general rules of international law, 216 00:27:57,790 --> 00:28:01,900 under that constitution or under international agreements to which all parties. 217 00:28:03,440 --> 00:28:06,440 When she did it. When we were talking before, 218 00:28:06,860 --> 00:28:16,100 what I discovered when teaching at Peking University is that idea restraint of public administration 219 00:28:16,160 --> 00:28:25,100 may not be sufficiently universal to compromise some inalienable international legal principle. 220 00:28:26,830 --> 00:28:34,800 Even the International Court of Justice itself issuing a remarkable five advisory opinions, 221 00:28:34,840 --> 00:28:40,780 functioning as a court of appeal from the integrity and unity. 222 00:28:41,290 --> 00:28:49,930 An unhappy row I think now discontinued, plus the effect of the women's advisory opinion. 223 00:28:51,010 --> 00:28:57,760 Six cases and it hasn't been detained by this issue in the past of these advisory 224 00:28:57,760 --> 00:29:03,309 opinions in 98% of called upon to interpret the elevated jurisdictional clause that 225 00:29:03,310 --> 00:29:10,870 I read at which moments ago it sustained its finding stating in doing say the 226 00:29:10,870 --> 00:29:15,790 court has relied on the wording of the text in question as well as on this spirit, 227 00:29:16,390 --> 00:29:23,680 namely the purpose in which they were adopted. That purpose was to ensure to the organisation, the services of the personnel, 228 00:29:23,680 --> 00:29:30,280 possessing the necessary qualifications of competence and integrity, and effectively protected by appropriate guarantees. 229 00:29:30,280 --> 00:29:37,720 In the matter of that matter of those elements of the terms of employment and of the provisions of the staff regulations. 230 00:29:38,500 --> 00:29:46,840 It is in that way that the court arrived at what it considers to be the correct interpretation of the Statute of the Administrative Tribunal. 231 00:29:48,810 --> 00:29:59,760 And yet I think that the ICJ is modestly, I think it's on to something because I do, 232 00:29:59,760 --> 00:30:06,690 I think that well because without actually saying there it is requiring attributes of 233 00:30:06,690 --> 00:30:14,760 international civil service encoded into the treaty bases of international organisations. 234 00:30:17,440 --> 00:30:26,860 Say. Thirdly. To come to a workable version. 235 00:30:26,890 --> 00:30:31,780 One knowable version of a full employment law of international organisations. 236 00:30:31,780 --> 00:30:36,420 We in fact come full circle back to 19. 237 00:30:38,120 --> 00:30:44,270 Talk to the discussion group of many years ago about treaty bases of international organisations. 238 00:30:48,810 --> 00:30:57,350 We know. That international organisations possess the competencies expressly stated in that constituent instrument. 239 00:30:58,480 --> 00:31:08,920 Or which necessarily implied sorry, necessarily intended by implication to be possessed by them to achieve their purposes. 240 00:31:09,820 --> 00:31:20,560 We know, too, that they are possessed of a limited competence as subjects of international law, unlike the general competence wielded by states. 241 00:31:21,820 --> 00:31:32,650 We know, too, that this treaty basis is authoritatively interpreted in accordance with the set of principles always exhibiting good faith. 242 00:31:37,550 --> 00:31:49,060 Knowing this, then I think it is eye catching that the treaty basis of international organisations has much to say about the law of employment. 243 00:31:50,480 --> 00:31:52,560 And there's organisations. 244 00:31:54,820 --> 00:32:05,410 The treaty basis of international organisations obligates all characteristics of the employees of international organisation and these clauses. 245 00:32:06,040 --> 00:32:20,170 These obligations are replicated. Almost verbatim throughout the multitude of constituent instruments of all international organisations in the world. 246 00:32:21,800 --> 00:32:28,940 But we're going to use the U.N. charter for convenience, save for obligatory attributes. 247 00:32:29,330 --> 00:32:36,080 Quest, competence. Second, geographic diversity, burden, integrity, all hierarchical discipline. 248 00:32:37,370 --> 00:32:42,260 So the first is competence. The U.N. Charter, Article 101, 249 00:32:42,470 --> 00:32:50,920 Subparagraph three first sentence says The paramount consideration and the employment of the staff and in the determination of conditions of service. 250 00:32:51,960 --> 00:32:58,350 Shelby the necessity of securing highest standards of efficiency, competence and integrity. 251 00:32:59,420 --> 00:33:11,570 They will consider integrity on the subsequent head and will notice that these highest standards of efficiency and competence are to be secured. 252 00:33:14,600 --> 00:33:22,690 So now that you're well. Iterated in the internal law of the organisation. 253 00:33:23,700 --> 00:33:28,770 You have. This obligation rendered as. 254 00:33:29,980 --> 00:33:33,490 Recruitments must be transparent. 255 00:33:33,730 --> 00:33:46,959 It must be merit based. International officials must be appropriately incentivised in poor performance was not appropriately addressed. 256 00:33:46,960 --> 00:33:51,510 Then competence would not have been secured. There are. 257 00:33:52,880 --> 00:34:02,240 This set of ramifications or obligation in this treaty revision. 258 00:34:03,930 --> 00:34:10,950 Mandatory upon the organisation is to be implemented in good faith. 259 00:34:12,850 --> 00:34:17,140 Second, geographic diversity competencies must be reconciled. 260 00:34:17,980 --> 00:34:24,190 Geographic diversity. Second sentence, said Article 101. 261 00:34:24,430 --> 00:34:28,839 Subparagraph three of the UN Charter says due regard shall be paid to the 262 00:34:28,840 --> 00:34:33,880 importance of recruiting the staff on as wide a geographical basis as possible. 263 00:34:35,800 --> 00:34:43,690 The geographic diversity of the star is a subordinate preoccupation to the highest standards 264 00:34:43,690 --> 00:34:52,420 of efficiency and technical competence and due regard establishes a degree of subjectivity. 265 00:34:53,080 --> 00:35:01,719 It's rare that this is applied or can be applied in a case by case, person by person basis. 266 00:35:01,720 --> 00:35:08,530 But it is the basis for seeking to attract and retaining multinational staff. 267 00:35:10,050 --> 00:35:18,290 You were gonna say? What does that mean? It means that you're running the United Nations in your working there. 268 00:35:18,290 --> 00:35:26,630 Must be as attractive to. Chinese international official, Russian international officials, British and national officials, 269 00:35:26,810 --> 00:35:33,860 international officials from all around the world as it is attractive to US national international relations. 270 00:35:35,080 --> 00:35:37,870 And it's also the legal basis, I contend, 271 00:35:38,530 --> 00:35:53,519 for being able to essentially legitimately discriminate between staff because of this distinction based upon geographic diversification, 272 00:35:53,520 --> 00:36:02,200 to say what's the basis for paying the relocation costs of a staff member in Paris to New York, 273 00:36:04,570 --> 00:36:09,970 but not the relocation costs of somebody that moves from Boston to New York, perhaps. 274 00:36:10,660 --> 00:36:21,670 And it means that there must be or it is obligatory in order to image advanced this mandatory attribute of the International 275 00:36:21,670 --> 00:36:32,770 Civil Service that something is done to make sure that the workplace is adequate to be attractive to multinationals, 276 00:36:32,770 --> 00:36:36,459 don't pay their relocation expenses, 277 00:36:36,460 --> 00:36:43,420 pay housing sales, and to pay to educate children in their own languages in private schools, 278 00:36:43,420 --> 00:36:51,310 perhaps paying some sort of compensation because the stance that the organisation's official is now unemployed and perhaps, 279 00:36:52,030 --> 00:36:57,010 depending upon the context, unemployable at that duty station. 280 00:36:59,180 --> 00:37:02,780 Thirdly, integrity. Well, integrity. 281 00:37:03,140 --> 00:37:11,810 So nowadays the modern ring of integrity is anti-corruption and integrity in the context of the international civil society, certainly meaning that. 282 00:37:12,650 --> 00:37:17,430 But it also means what's referred to as the undivided duty of loyalty. 283 00:37:18,340 --> 00:37:20,590 Inaugurated in the League of Nations, in fact. 284 00:37:20,920 --> 00:37:29,740 And this is comprised of two interlocking provisions that the government is limited to the definition of the International Civil Service, 285 00:37:30,130 --> 00:37:33,610 the oriented Article 100 of the U.N. Charter. 286 00:37:35,290 --> 00:37:43,560 First paragraph is in the performance of that duty, as the Secretary General of staff shall not seek or receive instruction from any government board, 287 00:37:43,630 --> 00:37:46,660 from any other authority, external to the organisation. 288 00:37:46,960 --> 00:37:54,670 They shall refrain from any action which might reflect on the position of international officials responsible or relate to the organisation. 289 00:37:55,420 --> 00:38:04,180 This interlocks with the second paragraph, which is each member of the United Nations undertakes undertakes to respect the exclusive 290 00:38:04,270 --> 00:38:08,770 international character and responsibilities of the Secretary General and the staff, 291 00:38:08,950 --> 00:38:13,780 and not to seek to influence them in the discharge of their responsibilities. 292 00:38:15,040 --> 00:38:22,240 Again, this ban is implemented as a treaty provision is implemented to maintain the law of the organisation by things like codes of conduct, 293 00:38:23,380 --> 00:38:30,880 misconduct, investigation and disciplinary procedures and indeed by international administrative 294 00:38:30,880 --> 00:38:39,040 tribunals as the guarantors backstop to this and these other attributes. 295 00:38:40,100 --> 00:38:45,530 And then fourthly, hierarchical authority in international organisations. 296 00:38:46,010 --> 00:38:53,600 It's a bit like the army, international civil servants subordinated to a hierarchical authority. 297 00:38:54,050 --> 00:38:54,920 In other words, 298 00:38:54,920 --> 00:39:04,970 there is always a principal executive officer and to use that parlance at the UN specialised agencies that should say in the case of the UN, 299 00:39:04,980 --> 00:39:08,460 it's the Secretary General of the cases, the World Bank, the President, 300 00:39:08,480 --> 00:39:19,040 and say Article 97 of the UN Charter says the Secretariat shall comprise the Secretary General and such staff as the organisation require. 301 00:39:19,520 --> 00:39:24,650 The Secretary General shall be appointed by the General Assembly upon the recommendations of the Security Council. 302 00:39:25,220 --> 00:39:29,600 He shall be less likely shall be the Chief Administrative Officer. 303 00:39:30,360 --> 00:39:34,290 Ization follows. Moscow 101. 304 00:39:34,980 --> 00:39:39,510 Sub paragraph one of the charter also says the staff shall be appointed by 305 00:39:39,510 --> 00:39:44,880 the Secretary General under regulations established by the General Assembly. 306 00:39:47,650 --> 00:39:51,760 Two observations that his function as chief of staff. 307 00:39:53,970 --> 00:40:04,040 Possessed of the Secretary-General by the treaty, not as a delegate or a delegated function from the Government, 308 00:40:04,320 --> 00:40:18,510 but the governance organ has this role in issuing a framework stop regulations to the internal law of Employment at the organisation, 309 00:40:20,310 --> 00:40:32,520 and the STOP Regulations would be assumed to be the superior source of law to the legal instruments issued by the Secretary General. 310 00:40:34,860 --> 00:40:45,670 So my contention is that these same or treaty based attributes of all international civil servants governing competence, geographic diversity, 311 00:40:45,790 --> 00:40:51,100 integrity and crucially safeguarding independence and hierarchical authority, 312 00:40:51,940 --> 00:41:00,340 they together form placing the foundations of the applicable law of employment at international resolutions. 313 00:41:01,190 --> 00:41:04,240 So. Lastly, to conclude. 314 00:41:05,950 --> 00:41:10,420 My proposal. Modern submission. 315 00:41:11,430 --> 00:41:14,930 So that the employment law of international organisations. 316 00:41:16,490 --> 00:41:19,490 Yeah. Let's just use plain English. 317 00:41:19,760 --> 00:41:25,610 It's able to use the employment law of international organisations derived from these treaty based 318 00:41:25,610 --> 00:41:37,640 characteristics attributed to the entirety of the International Civil Service implemented by or instrumentalize, 319 00:41:39,110 --> 00:41:46,669 in other words, representing a practice within the sense of the Convention on the Law of Treaty 320 00:41:46,670 --> 00:41:55,159 as Article 31 to be as applied to international organisations implemented 321 00:41:55,160 --> 00:42:07,250 or instrumentalized both by the Executive Authority that principal executive offices and governance organs through their adoption of regulations and. 322 00:42:08,360 --> 00:42:16,280 Critically the statutes of the so-called International Administrative Tribunal, whose adjudicatory activity is subsumed. 323 00:42:17,300 --> 00:42:23,570 Into the legal authority and practice all the organ that establishes them. 324 00:42:25,570 --> 00:42:34,750 This then means you possess an underlying treated basis which cannot be transgressed by any administrative action of an international organisation. 325 00:42:35,690 --> 00:42:52,980 Common to all international organisations and hence we can and we can in fact talk and use it on the employment of international organisations, say. 326 00:42:55,450 --> 00:43:04,070 By way of example. To return for the last time to miss them and not a thing. 327 00:43:05,300 --> 00:43:11,670 Crazy writing section directions there the principal was rendered public administration 328 00:43:11,670 --> 00:43:16,850 was always going in the public interest and respect the principles of justice. 329 00:43:19,470 --> 00:43:31,290 My contention would be that this is more pressure to be rendered without the need to call in exterior principles as something 330 00:43:31,290 --> 00:43:39,960 like an international organisation in all its acts is confined to its treaty basis with regard to its objects and purposes, 331 00:43:40,470 --> 00:43:47,220 and is to secure the competence, geographic diversity, integrity and discipline of all its staff in good faith. 332 00:43:48,150 --> 00:43:49,710 The effect may be the same. 333 00:43:50,910 --> 00:44:03,090 My contention is that the nobility, in other words, the workability of this provision of employment law would be far greater. 334 00:44:04,810 --> 00:44:09,070 Lastly, I didn't begin as is customary with a joke, 335 00:44:10,180 --> 00:44:19,629 but I shall end with one one you doubtless because this way the English judge hearing representations from 336 00:44:19,630 --> 00:44:27,700 cancelled interrupts that it doesn't need to be total public international borders because he knows what it is. 337 00:44:28,090 --> 00:44:33,100 English law is law or it's that. And public international law is fiction. 338 00:44:35,530 --> 00:44:38,559 This always makes me smile. And it kept on coming back. 339 00:44:38,560 --> 00:44:46,090 And I was trying to arrange one of these puzzle pieces from today's paper. 340 00:44:46,720 --> 00:44:50,140 And I guess I'm wondering this. Carry on. 341 00:44:50,560 --> 00:44:53,850 What would you say about, say, international administrative rules? 342 00:44:55,270 --> 00:44:59,980 Is it a fiction of a fiction? Then I thought, perhaps it's the folklore. 343 00:45:00,100 --> 00:45:10,060 And so I look to central folklore, traditional beliefs, customs, songs, tales, etc., preserved in oral tradition among the group of people. 344 00:45:10,870 --> 00:45:19,990 And it's such a sense that there's this addition preserved by by lawyers like me. 345 00:45:20,320 --> 00:45:30,580 And all of this may seem trivial and inconsequential and less and less that this is when I return to being very earnest, 346 00:45:30,970 --> 00:45:34,570 unless it's critical to the accountability, 347 00:45:34,570 --> 00:45:44,170 the integrity and the effectiveness of giant and gigantically influential multilateral institutions appointing, incentivising, 348 00:45:44,170 --> 00:45:52,000 promoting, dismissing and safeguarding the independence of staff who instrumentalize the mandate, 349 00:45:52,090 --> 00:45:59,290 the international organisations and the UN Creative Commons codes and created 350 00:45:59,590 --> 00:46:04,550 to take that and claim to heaven and not not created or not created mankind, 351 00:46:04,930 --> 00:46:18,490 but to save humanity from [INAUDIBLE]. So I think that therefore, after these 100 years, it's now time for a. 352 00:46:19,950 --> 00:46:24,820 More now. No employment law and international sanctions. 353 00:46:25,720 --> 00:46:26,100 Thank you.