The Duty of Care of International Organizations Towards Their Civilian Personnel: Legal Obligations and Implementation Challenges

Description

This book constitutes the first comprehensive publication on the duty of care of internationalorganizations towards their civilian personnel sent on missions and assignments outsideof their normal place of activity. While the work of the civilian personnel of internationalorganizations often carries an inherent risk, the regulations, policies and practices of theemployer 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 clarifiedby conducting an unprecedented investigation into relevant jurisprudence and legal sources.Included is a critical assessment of the policies of selected international organizations while aset 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 aimedparticularly at academics and practitioners interested in the legal implications of the deploymentof civilian personnel abroad by international organizations. This includes scholarsand university-level students specializing in international law, international human rightslaw, the law of international organizations, labour law, EU law, international administrativelaw and the UN system, and practitioners, such as lawyers and consultants, representing oradvising 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 theirofficers in charge of recruitment, human resources, training and security, in that it clarifiestheir legal obligations and provides concrete examples of the policies various internationalorganizations have in place for the protection of civilian personnel. Current and prospectivecivilian personnel of international organizations should also find the book useful forclarifying their rights and duties. Andrea de Guttry is Full Professor at the Dirpolis Institute of the Sant’Anna School ofAdvanced Studies in Pisa, Micaela Frulli is Associate Professor at the Dipartimento di ScienzeGiuridiche (DSG), University of Florence, Edoardo Greppi is Full Professor at the Dipartimentodi Giurisprudenza, University of Turin, and Chiara Macchi is Research Fellow at theDirpolis Institute of the Sant’Anna School of Advanced Studies in Pisa. Front Matter ....Pages i-xxi Front Matter ....Pages 1-1 International Organizations and Alleged Duty of Care Breaches: A Growing Ethical, Reputational and Financial Challenge (Gaia Aurora Armenes, Abraham Jesus Arvizu III, Sami Aswad, MariaSole Fanuzzi, Fabio Frettoli, Alessia Moratto et al.)....Pages 3-28 Comparative Analysis of International Jurisprudence and Relevant International Practice Related to the Duty of Care Obligations Incumbent on International Organizations Towards Their Mobile Workforce (Andrea de Guttry)....Pages 29-81 The Duty of Care of International Organizations: Issues of Conduct and Responsibility Attribution (Andrea Spagnolo)....Pages 83-101 Overlapping Responsibility: The Legal Relationship Between the International Organization and the Host State (Lorenzo Gasbarri)....Pages 103-125 The Duty of States to Ensure Respect of the Duty of Care through Their Membership in International Organizations (Martina Buscemi)....Pages 127-149 International Organizations as Employers: Examining the Duty of Care in the Light of the Different Forms of Employment Relationships (Vania Brino)....Pages 151-164 Front Matter ....Pages 165-165 Implementation of the Duty of Care by the United Nations (Annalisa Creta)....Pages 167-207 Implementation of the Duty of Care by the European Union (Stefano Saluzzo)....Pages 209-241 Implementation of the Duty of Care by NATO (Luisa Vierucci, Polina Korotkikh)....Pages 243-264 Implementation of the Duty of Care by the OSCE (Deborah Russo)....Pages 265-292 Implementation of the Duty of Care by the Council of Europe (Laura Magi)....Pages 293-309 Implementation of the Duty of Care by the Organization of American States (Leonardo Soares Nader, Samila Inácio Dutra)....Pages 311-335 Implementation of the Duty of Care by the African Union (Linda Akua Opongmaa Darkwa)....Pages 337-356 Implementation of the Duty of Care by the World Bank (Annamaria Viterbo)....Pages 357-379 Practical Measures in the Implementation of the Duty of Care by International Organizations (David Gold)....Pages 381-405 Front Matter ....Pages 407-407 The Duty of Care as a Corollary of International Organizations’ Human Rights Obligations (Ludovica Poli)....Pages 409-432 The Transnational Dimension of International Organizations’ Duty of Care Towards Their Civilian Personnel: Lessons from the Case Law on States’ Extraterritorial Human Rights Obligations (Chiara Macchi)....Pages 433-456 Victims’ Right to Reparation and the Residual Application of Diplomatic and/or Functional Protection (Francesca Capone)....Pages 457-480 Concluding Remarks (Edoardo Greppi)....Pages 481-484 Back Matter ....Pages 485-514