International Civil Service

Alexandre Tavadian, Ph.D., works as the Principal Legal Advisor of a large NATO agency headquartered in Luxembourg. Before joining NATO, he worked as a lawyer at UNHCR and the United Nations Secretariat in Lebanon, Kenya, and Thailand. Alexandre Tavadian began his legal career in the Canadian federal public service, where he worked as Legal Counsel in the Department of Justice Canada. He is the author of several books and articles, including The United Nations Law, Politics, and Practice (2021).

• AcknowledgementsList of Tables and DiagramsBiographyDisclaimerTable of CasesTable of Treaties and AgreementsTable of ResolutionsTable of Reports and Summary Records of MeetingsTable of Abbreviations and AcronymsIntroduction1 The Genesis of International Civil Service and Its Independence1 Period Preceding the League of Nations1.1 International Conferences1.2 River Commissions1.3 International Public Unions2 Period during the League of Nations2.1 Two Conflicting Theories and Proposals2.2 The League’s Secretariat under Sir Eric Drummond’s Leadership2.3 The League’s Secretariat under Joseph Avenol’s Leadership3 The Period Following the League of Nations3.1 The Establishment of the United Nations Secretariat3.2 The Proliferation of Intergovernmental Organisations and Erratic Development of International Civil Service Law2 The Meaning of Independence and Essential Characteristics of an Independent International Civil Service1 The Purpose and Meaning of Independence1.1 What Is the Purpose of Independence?1.2 Whose Independence Does the Concept Regulate?1.2.1 Independence of International Secretariats1.2.2 Independence of International Civil Servants1.3 From Whom Should Independence Be?1.4 What Type of Behaviour Does Independence Aim at Preventing?2 Essential Characteristics of Independent International Secretariats and Their Staff2.1 Independence of the Secretariat as an Entity2.1.1 International and Domestic Legal Personality2.1.2 Privileges and Immunities2.2 Individual Independence of Staff2.2.1 Privileges and Immunities of International Officials2.2.2 Impartiality and Neutrality2.2.3 Anonymity of International Civil Service3 Practices of Member States that Erode the Independence of International Secretariats and Their Staff1 Breaches by States of igo s Privileges and Immunities1.1 Breaches of igo s’ Inviolability of Premises, Documents, Archives, Communications, and Vehicles1.2 Refusal to Recognise Jurisdictional Immunity1.2.1 Jurisdictional Immunity Limited by Treaty1.2.2 The Right to Have Access to Court1.2.3 Absolute versus Restrictive Jurisdictional Immunities1.3 Taxing igo s2 Breaches by States of Privileges and Immunities of International Civil Servants2.1 Violations of Functional Immunity2.2 Restrictions and Conditions for Recruiting Personnel2.2.1 Refusal to Grant Agrément2.2.2 Declarations of Persona Non Grata2.2.3 Refusal to Issue Immigration Papers2.3 Attempts to Tax International Civil Servants3 Actions by States that Undermine the Neutrality and Impartiality of International Civil Service3.1 Interference in Personnel Management3.1.1 Involvement Permitted under Written Rules or Procedures3.1.2 Informal Interference3.2 Secondment4 Practices of International Organisations that Erode the Independence of International Secretariats and Their Staff1 Acts and Omissions that Weaken Privileges and Immunities of igo s1.1 Acts and Omissions of igo s that Undermine Their Jurisdictional Immunity1.1.1 Failure to Establish Adequate Internal Dispute Resolution Mechanisms1.1.2 Activities Not Authorised by Constitutive Instrument1.2 Acts and Omissions of igo s that Undermine Their Fiscal Privileges2 Acts and Omissions of igo s that Undermine Privileges and Immunities of International Civil Servants2.1 Failure to Assert Privileges and Immunities of Staff2.2 Omissions to Take Prompt and Decisive Action against Staff Members Who Commit Misconduct3 Failure by igo s to Ensure the Independence of Their Staff from Governments of Member States3.1 Independence from Member States in Decisions Pertaining to Selection and Appointment of Personnel3.2 Independence from Member States in Decisions Pertaining to Performance Appraisal3.3 Independence from Member States in Decisions Pertaining to Separation from Service of Personnel5 Practices of Staff Members that Erode Their Independence and the Independence of International Secretariats1 To Whom Do International Civil Servants Owe Obligations?2 What Obligations Do International Civil Servants Have vis-à-vis Their igo s?2.1 Obligations Relating to Integrity2.1.1 Unethical Conduct by Executive Officials of igo s2.1.2 Large-Scale Fraud and Corruption2.1.3 Sexual Exploitation and Abuse2.2 Obligations Relating to Loyalty2.3 Obligations Relating to Independence2.4 Obligations Relating to Impartiality and NeutralityConclusion and RecommendationsBibliographyIndex