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The Duty of Care of International Organizations towards their Civilian Personnel: Legal Obligations and Implementation Challenges

Edited by: Andrea De Guttry, Micaela Frulli, Edoardo Greppi, Chiara Macchi

ISBN13: 9789462652576
Published: September 2018
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: £199.99



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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.

Contents:
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.