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العنوان
المسئولية المدنية للموظف الدولى فى القانو الدولى العام/
المؤلف
الرشيدى، عبدالرحمن خزعل مهدى على.
هيئة الاعداد
باحث / عبد الرحمن فرغلي مهدي علي
مشرف / معمر رتيب
مناقش / عصام محمد احمد
مناقش / عبد الهادي العشري
الموضوع
دولى عام -
تاريخ النشر
2022
عدد الصفحات
296 ص. ؛
اللغة
العربية
الدرجة
ماجستير
التخصص
قانون
الناشر
تاريخ الإجازة
19/6/2022
مكان الإجازة
جامعة أسيوط - كلية الحقوق - القانون الدولي العام
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 300

from 300

المستخلص

Addressing the study to the law of the international public service, in order to determine the nature of its rules that govern the responsibility of the international employee within the scope of international public administration, necessarily requires clarification of its relationship with international administrative law. Jurisprudence has varied in this regard .
The jurists differed about the nature of the international public service law, in light of the insistence of some of them that the legal system that governs international employees is closer and more closely related to international law than to domestic law(), while a problem remains, even on a theoretical level, in terms of its description. International administrative law and the relationship of the latter with the rules of public international law.
The majority of jurisprudence agrees that international administrative law is consensual in nature and that its main source is an international agreement that includes two branches: a branch that takes care of regulating the conduct of international public utilities, and a second branch that regulates the relationship of the international organization with its users. If the first section is clear from the sources, as the charter establishing the international organization and its internal regulations are the main components on which the administrative organization of the organization is based.
International law, determining the sources of law that governs the relationship of the regular with his employees, and by that we mean the law of the international public service, is not always one of the issues settled in jurisprudence, the jurisprudence has been divided into three directions:
The first trend: International administrative law is considered a branch of public international law, as the proponents of this proposition adhere to the idea that the rules of international administrative law belong to the rules of public international law, since theThe legal system - the internal law of the organization - established by the organization for its enjoyment of legal personality and legal capacity, despite its privacy, finds its basis and reference in the provisions of public international law.
The second trend: a trend that recognizes the independence of the rules of administrative international law from public international law as well as national law, their argument in that, that international organizations, when developing their internal law, want from Behind this to put a class distinct and independent of public international law. Paul Reuter stresses, in this regard, that international organizations may subject part of the legal ties related to them to a special legal system that includes special rules for the organization, and this case is described by an internal law of the organization in line with the features of public international law.
The third trend: its adopters embrace the idea of linking international administrative law and internal administrative law, while making the rules of the international public service a branch of public administration law, and that the sources of the latter are the direct reason for the development of the rules of the international public service law.