دور القضاء الاداري الدولي في تسوية منازعات الموظفين الدوليين
Author name:
ايمان عبيد كريم
Supervisor name:
اسماعيل صعصاع غيدان البديري | حيدر كاظم عبد علي
General topic:
Law
Specific topic:
Administrative Law
Degree:
Doctorate
University:
University of Babylon - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Babylon
First pages:
13T1616 - p.pdf
Abstract:
The role of international administrative Ejication in settling disputes of international personnel.A very important topic for empinternational staff of international organizations dealing with the mechanism to protect them from the arbitrariness of their organizations when making administrative decisions relating to the terms of their service or appointment, their promotion and disciplinary matters.And they have to owned a legal and judicial guarantees to face those administrations. We have been dedicated study in the framework of the United Nations Organization developed a new system of internal justice for employees by created tribunals of the United Nations for Dispute and Appeal For the first time it is appealing the decision of an international tribunal after period of the end character inherent in international judgment. The international employee became appeal the verdict issued by the United Nations Dispute tribunal under certain conditions. And abolition the administration court because the United Nations became has an ineffective justice system and lacks independence, and must establish an internal efficiently, autonomy justice system and the resources to safeguard the rights of employees and ensure the effectiveness has accountability of managers and staff, and works on the basis of decentralization as the new system carry out its affairs by professionals and if there have resources will lead to the reduction of conflicts within the organization by increasing the effectiveness of resolving disputes informally, and to7 59ensure expedite the disposition of cases in the formal justice system.And also this system has a decentralization to ensure effective coverage of the internal justice system for all employees in field operations, who make up the majority of the staff, as it has been to strengthen the Ombudsman's Office and professional intermediaries working in it for the settlement of disputes, this was done to establish the Office for the administration of justice at the United Nations. We have referred to it in three chapters. The first to determine what international personnel disputes, define the concept of international employee and distinguish it what looked like and the nature of the employee's relationship with the organization as to whether the contractual relationship or regulatory or double, and a mechanism international staff appointment and their duties and rights, also reviewed the meaning of the dispute and to distinguish what is suspected, and the parties of the dispute, the reasons for such disputes arising between the employee and the organization. And identify types of international administrative decisions and elements of those decisions. The second chapter devoted to means of settling disputes of international personnel through informal means of personnel services and the Office of Internal Oversight Services, the Office of Legal Affairs and the bodies of the staff representatives, and the Ombudsman's Office and the Division of mediation, as for the formal means we must explain the importance and the main reasons for the adoption of methods, characteristics and its component, the Internal Justice Council, and the Office of Administration of Justice and the Court of the United Nations Dispute and Appeals. In the third chapter, we have explained the conclusions and recommendations necessary to complete the study of this topic
