On demand platforms are changing and reshaping our conceptions of both the firm and the work relationship in far-reaching and critical ways, allowing companies to hire workers and to seek customers across national boundaries. While some commentators believe existing forms of labour and employment regulations can stretch to cover on-demand work, others have called for new legal initiatives specifically crafted for online platforms. Confronted with low pay and problematic working conditions, gig workers around the world have turned to the courts, attempting to invoke the protections of traditional labour and employment law. The goal of this paper is to provide a global framework for thinking about the on-demand business model and these assorted conflicts of law and jurisdictional issues. Throughout, the paper emphasizes the need for further coordinated multilateral study, discussion, and regulatory action to assist both crowdworkers and businesses as they navigate the on-demand model of production.

Regulatory options for conflicts of law and jurisdictional issues in the on-demand economy

This chapter describes the International Civil Service of United Nations system. The International Civil Service has its distant historical origins in the traditional pattern of conference secretariats and in the secretariats of some administrative unions (International Administrative Unions) but has been influenced mostly by the experience of the permanent Secretariats of the League of Nations and of the International Labour Organization (International Secretariat). The emergence of these organizations, and subsequently of the United Nations and of the Specialized Agencies, as bodies possessing international legal personality and extensive functions on the international plane, has had a decisive influence on the creation and the development of the modern international civil service. Despite common usage, there is no such thing as an international civil service. There is a common system of salaries, allowances, and benefits between the United Nations and most of the Specialized Agencies which has its origin in the relationship agreements concluded by the United Nations and the agencies concerned in pursuance of Arts. 57 and 63 of the United Nations Charter.

Civil service, international

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How Much Immunity for International Organizations: Mendara v. World Bank

The International Court of Justice (ICJ) is a principal judicial organ of the United Nations. The main task of ICJ is to settle disputes submitted to it by the states and is also entitled to give advisory opinions which are given on the motion of some United Nations organs and specialized agencies. The expression that ICJ is a “principal judicial organ of the United Nations” doesn’t mean that it is the only one judicial organ within the framework of the United Nations. The United Nations Administrative Tribunal (UNAT) was established by the legal force of the General Assembly resolution 351 A(IV) of 9 December 1949 r. The main purpose of the UNAT was to decide legal employment disputes between United Nations staff and the Organization. In 1955 the Statute of UNAT was amended and the Committee on Application for Review of Administrative Tribunal Judgement was competent to seek advisory opinion form ICJ and this opinion was binding. However Committee only in three cases requested the ICJ to give advisory opinion. Those opinions concerned inter alia the competence of ICJ to respond to the question, the right of Committee to submit such motion, the principle of equality of arms. In spite of that since of the 1st of July 2009 the new system of administration of internal justice was established – the United Nations Dispute Tribunal and the United Nations Appeal Tribunal, which consider the appeals against judgments rendered by the United Nations Dispute Tribunal, the issues discussed in advisory opinions of ICJ on the matters of appealing against a judicial decision of UNAT are still highly topical, especially in the context of the maintained in force competence of ICJ to review judgement of The Administrative Tribunal of the International Labour Organisation.

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Wpływ opinii doradczych Międzynarodowego Trybunału Sprawiedliwości na postępowanie przed Trybunałami Administracyjnymi w systemie ONZ

IN most of their current legal relations, the officials and employees of public international organisations are governed either by the law of the duty station or by the domestic law of the organisation. As regards the former, there is no doubt that their daily acts of renting accommodation, purchasing food or clothing, driving motorvehicles, etc., are subject to the same rules of law as those of their neighbours employed in private firms or in a national civil service. In this connection the fact that some international officials enjoy immunity from the jurisdiction of local courts even in respect of their private acts can probably be discounted; not only have the organisations always emphasised that such immunity does not entitle the official to refuse to comply with the local law, but they have waived the immunity as a matter of course whenever it constituted an obstacle to the normal course of justice. As regards the latter, the employment relationship of international officials is governed both by a number of contractual terms and by statutory rules adopted by the competent organs of the organisation; this situation does not differ materially from that of certain national civil services. Why, then, does the determination of the law applicable to international officials constitute a problem both for the persons concerned and the employing organisations in certain contexts? There would seem to be three main factors.

Felice Morgenstern

Papers

The Law Applicable to International Officials

Multinational Enterprises and the Extraterritorial Application of Labour Law