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Duty of Care of International Organizations Towards Their Civilian Personnel
Legal Obligations and Implementation Challenges
XXI, 514 p. 8 illus., 6 illus. in color. online resource.
This book constitutes the first comprehensive publication on the duty of care of international organizations towards their civilian personnel sent on missions and assignments outside of their normal place of activity. While the work of the civilian personnel of international organizations often carries an inherent risk, the regulations, policies and practices of the employer can help to address and mitigate that risk. In this book, the specific content and scope of the duty of care under international law is clarified by conducting an unprecedented investigation into relevant jurisprudence and legal sources. Included is a critical assessment of the policies of selected international organizations while a set of guiding principles on the duty of care of international organizations is also presented. This publication fills a gap in the existing academic literature on the topic and is aimed particularly at academics and practitioners interested in the legal implications of the deployment of civilian personnel abroad by international organizations. This includes scholars and university-level students specializing in international law, international human rights law, the law of international organizations, labour law, EU law, international administrative law and the UN system, and practitioners, such as lawyers and consultants, representing or advising international organizations or their personnel on the legal aspects of deployment. The book is also aimed at the senior management of international organizations and at their officers in charge of recruitment, human resources, training and security, in that it clarifies their legal obligations and provides concrete examples of the policies various international organizations have in place for the protection of civilian personnel. Current and prospective civilian personnel of international organizations should also find the book useful for clarifying their rights and duties. Andrea de Guttry is Full Professor at the Dirpolis Institute of the Sant'Anna School of Advanced Studies in Pisa, Micaela Frulli is Associate Professor at the Dipartimento di Scienze Giuridiche (DSG), University of Florence, Edoardo Greppi is Full Professor at the Dipartimento di Giurisprudenza, University of Turin, and Chiara Macchi is Research Fellow at the Dirpolis Institute of the Sant'Anna School of Advanced Studies in Pisa. .
Part I. The Duty of Care of International Organizations: Setting the Scene -- Chapter 1. International Organizations and Alleged Duty of Care Breaches: A Growing Ethical, Reputational and Financial Challenge -- Chapter 2. Comparative Analysis of International Jurisprudence and Relevant International Practice Related to the Duty of Care Obligations Incumbent on International Organizations towards their Mobile Workforce -- Chapter 3. The Duty of Care of International Organizations: Issues of Conduct and Attribution of Responsibility -- Chapter 4. Overlapping Responsibility: The Legal Relationship between the International Organization and the Host State -- Chapter 5. The Duty of States to Ensure Respect of the Duty of Care through their Membership in International Organizations -- Chapter 6. International Organizations as Employers: Examining the Duty of Care in the Light of the Different Forms of Employment Relationships -- Part II. The Implementation of the Duty of Care by Selected International Organizations: Specific Legal and Practical Challenges -- Chapter 7. Implementation of the Duty of Care by the United Nations -- Chapter 8. Implementation of the Duty of Care by the European Union -- Chapter 9. Implementation of the Duty of Care by the NATO -- Chapter 10. Implementation of the Duty of Care by the OSCE -- Chapter 11. Implementation of the Duty of Care by the Council of Europe -- Chapter 12. Implementation of the Duty of Care by the Organization of American States -- Chapter 13. Implementation of the Duty of Care by the African Union -- Chapter 14. Implementation of the Duty of Care by the World Bank -- Chapter 15. Practical Measures in the Implementation of the Duty of Care by International Organizations -- Part III. The Duty of Care as a Corollary of States' Duty to Protect Human Rights and its Implications for International Organizations -- Chapter 16. The Duty of Care as a Corollary of Human Rights Obligations on International Organizations -- Chapter 17. The Transnational Dimension of International Organizations' Duty of Care towards their Civilian Personnel: Lessons from the Case Law on States' Extraterritorial Human Rights Obligations -- Chapter 18. Victims' Right to Reparation and the Residual Application of Diplomatic and/or Functional Protection -- Chapter 19. Concluding Remarks -- Appendices.
edited by Andrea de Guttry, Micaela Frulli, Edoardo Greppi, Chiara Macchi.
Sources and Subjects of International Law, International Organizations