Employment and labour law: general Books

Book SynopsisThe Role of International Administrative Law at International Organizations, edited by Peter Quayle, is centred on the law of employment relations at international organizations, and divided into four parts. It examines the interplay between international administrative law and the jurisdictional immunities of international organizations. It explores the principles and practice of resolving employment related disputes at intergovernmental institutions. It considers the dynamic development of international administrative tribunals. It examines international administrative law as the basis for the effectiveness and integrity of international organizations. Together academics, jurists and practitioners portray the employment law that governs the international civil service and the resulting accountability of the United Nations, UN Specialized Agencies, and international financial institutions, like the World Bank and IMF.Table of Contents 1 The Modern Multilateral Bureaucracy: what is the Role of International Administrative Law at International Organizations?  Peter Quayle Part 1: The Legal Premise of International Administrative Law  2 The Tension between the Jurisdictional Immunity of International Organizations and the Right of Access to Court  Edward Chukwuemeke Okeke  3 Breaking the Silence: why International Organizations Should Acknowledge Customary International Law Obligations to Provide Effective Remedies  Kristina Daugirdas and Sachi Schuricht  4 What is ‘International Administrative Law’? The Adequacy of this Term in Various Judgments of International Administrative Tribunals  Shinichi Ago  5 The Terms and Conditions of Employment of International Civil Servants: Implied Terms Recognized by the Asian Development Bank Administrative Tribunal  Damien J. Eastman Part 2: Resolving Employment-Related Disputes at International Organizations  6 To Join or Not to Join: a Comparative Analysis of Joining or Creating an International Administrative Tribunal  Katherine Meighan and Gabriel Rodríguez-Rico  7 Arbitrating Employment Disputes Involving International Organizations  Rishi Gulati and Thomas John  8 The Global Fund to Fight AIDS,Tuberculosis and Malaria: the Journey of a Public-Private Partnership  Fady Zeidan and Jean Abboud  9 Evolution of the Grievance System of the European Bank for Reconstruction and Development: lessons Learnt and Way Forward  Nobert Seiler Part 3: The Role and Reform of International Administrative Tribunals  10 The Commonwealth Secretariat Arbitral Tribunal: the Evolution and Explanation of Changes to the Tribunal’s Statute  Alice Lacourt  11 The Effectiveness of the North Atlantic Treaty Organization in an Era of Adaptation: the Role of the North Atlantic Treaty Organization Administrative Tribunal  Steven Hill and Nick Minogue  12 Building an Administrative Tribunal of an International Financial Institution from Scratch: lessons from the European Stability Mechanism  David Eatough Part 4: International Administrative Law and the Effectiveness and Integrity of International Organizations  13 The Manager’s Duty to Resolve or Report Misconduct: the Example of the International Monetary Fund’s Retaliation Policy  Brian Patterson, Pheabe Morris and Brenda Costecalde Orpineda  14 Procedural Requirements in Staff Misconduct Cases: the Evolving Approach of the African Development Bank Administrative Tribunal  Eric P. LeBlanc  15 Macro-Trends in the Performance Management of International Civil Servants and Their Legal Implications  Laurent Germond and Estelle Martin Appendices  16 2019 AIIB Law Lecture: the Rise of Sustainable Development in International Investment Law  Nico Schrijver  17 2019 AIIB Legal Conference Report  Yongqing Liu and Graciela Base

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Book SynopsisThe Open Access publication of this book has been made possible by the Swiss National Science Foundation. Is the current structure of international law still adequate to solve global problems such as child labour? This book argues for more coherence between human rights and trade law, analysing the world trade law compatibility of topical trade measures on (forced) child labour such as the US Tariff Act of 1930 or the proposal for an EU Forced Labour Regulation, mainly under the GATT non-discrimination principles and the policy exceptions clause. Discussing theories such as constitutionalism and pluralism, Franziska Humbert develops the idea of a New Legal Humanism as a cognitive frame for the global legal order.Table of ContentsForeword Preface Acknowledgements List of Abbreviations Introduction  1 Globalization, Child Labour and the International Legal Order  2 Contents 1 The Problem of Child Labour and Trade  1 Introduction  2 The International Dimension of Child Labour  2.1 Child Labour as a Global Problem  2.2 The Protection from Exploitative Child Labour as Ius Cogens  3 The Need for Global Solutions Including Trade Measures 2 The Status Quo of Trade Measures on Child Labour in WTO Law  1 Introduction  1.1 Unilateral Trade Measures  1.2 Defining PPM  s and Rules of Interpretation  2 The Rationale of the WTO and the GATT 1994  3 Trade Measures Concerning Child Labour under the Most-Favoured-Nation Clause of GATT Article I  3.1 Most-Favoured-Nation Obligations  3.2 The Relationship with the TBT Agreement  3.3 The Scope of GATT Article I:1  3.4 Like Products  3.5 Any Advantage  3.6 Immediately and Unconditionally  3.7 Exceptions under the Enabling Clause  3.8 Conclusion  4 Compatibility of Trade Measures on Child Labour with GATT Art. II  5 Trade Measures Concerning Child Labour under GATT Art. III  5.1 Overview over the Structure and Scope of GATT Art. III  5.2 The Coverage of GATT Art. III in Relation to PPM-Measures  5.3 Like Products  5.4 Equality of Treatment  5.5 Contextual Approach  5.6 Ius Cogens  5.7 Conclusion  6 Application of the Results found under GATT Art. III to GATT Art. I  6.1 Introduction  6.2 Like Products  6.3 Regulatory Purposes and Ius Cogens  6.4 ‘Asymmetric Impact’  6.5 ‘Supply Substitutability’ and ‘Inherence’ Test  6.6 Conclusion  7 Application of the Results found under GATT Art. III to GATT Art. II  8 Compatibility of Trade Measures on Child Labour with Quantitative Restrictions of GATT Art. XI and XIII  8.1 Trade Measures on Child Labour as Quantitative Restrictions  8.2 The Ius Cogens Nature of the Prohibition of Child Labour  9 Trade Measures on Child Labour under the GATT Art. XIX  10 Trade Measures Concerning Child Labour under GATT Art. XX  10.1 Overview over the Scope and Structure of GATT Art. XX  10.2 The Public Morals Exception  10.3 Human Life and Health  10.4 Prison Labour  10.5 The Chapeau of GATT Art. XX  10.6 Burden of Proof  10.7 Conclusion  11 Trade Measures Concerning Child Labour under GATT Art. XXI  11.1 Introduction  11.2 GATT Art. XXI (b) (iii)  11.3 GATT Art. XXI (c)  11.4 Conclusion  12 Compatibility of Trade Measures on Child Labour with the Agreement on Technical Barriers to Trade  12.1 Introduction  12.2 Scope of Application  12.3 Substantive Provisions of the TBT Agreement  12.4 Conclusion  13 Compatibility of Trade Measures on Child Labour with the Agreement on Government Procurement  13.1 Introduction  13.2 Art. IV – General Principles  13.3 Art. VIII – Conditions for Participation  13.4 Art. X – Technical Specifications and Tender Documentation  13.5 Art. XV – Treatment of Tenders and Awarding of Contracts  13.6 Art. III – General Exceptions  13.7 Conclusion  14 Non-WTO Norms as a Defence for Trade Measures on Child Labour  14.1 Introduction  14.2 The Jurisdiction of WTO Panels  14.3 The Applicable Law  14.4 Conclusion  15 Conclusion of Chapter 2 3 A Constitutionalist Approach to International Law  1 Introduction  2 Different Approaches to International Law  2.1 Legal Interpretation  2.2 New Haven School  2.3 Feminist Approaches to International Law  2.4 Global Legal Pluralism and Conflicts-Law Approach  2.5 Global Administrative Law  2.6 International Public Authority  2.7 Constitutional Approaches  3 A New Legal Humanism  3.1 Limits of Hart’s Positivism and Kelsen’s ‘Pure Law Theory’  3.2 Towards More Natural Law  3.3 The Quest for Global Values  3.4 Core Elements of a New Legal Humanism 4 Implications of a New Legal Humanism for Trade and Child Labour  1 Introduction  2 Towards More Substantive Coherence of Trade and Human Rights Law  3 Direct Effect of WTO-Law and Human Rights  3.1 The Traditional Doctrine of Direct Effect  4 Institutional Coherence: A New ILO-WTO Joint Implementation Mechanism on Child Labour  4.1 Introduction  4.2 Trade-and Country-Related Child Labour  4.3 Institutional Framework  4.4 Cooperative Activities  4.5 Dispute Settlement  4.6 Human Rights Obligations for Companies?  5 Conclusion 5 Concluding Summary  1 Summary of Results  1.1 Chapter 1  1.2 Chapter 2  1.3 Chapter 3  1.4 Chapter 4  2 Epilogue Bibliography Table of WTO Reports Table of GATT 1947 Reports Index

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Book Synopsis

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