國際文官行為標準之研究   全文下載

The Standards of Conduct for the International Civil Service

This paper discussed the privileges of international civil service and the standards of behavior required of international civil service. First, this paper explained the definition of international civil service and the difference of diplomats. Because of their differences of representation and function, they have different privileges. Mainly, a diplomat is the representative of his country, represents the head of state, and has the judicial privilege similar to the head of state. The privilege is diplomatic immunity to ensure that he can execute the authority and keep normal diplomatic relations. Diplomatic immunity has two kinds, one is“absolute immunity”and the other is“functional immunity”. The privilege of diplomat is absolute immunity that differs from the functional immunity (acts immunity) of international civil service. International civil service work for international organization, they pursue the goal of welfare of most people in the whole world, and that is different with diplomats that represent the interests of their country. Accordingly, international civil service has the functional immunity, and only when the suspected crime is committed while executing his official duties can the suspect enjoy this privilege.
Furthermore, why the international organizations were established was to seek the happiness of most people in the world. Then, international civil service should lay down the interests of his country, and devoted to the most interests of the international organization for the goal of“good governance”. The congress of UN passed“The Behavior Standard of International Civil Service”in 2001 for this goal to be the norm of behavior standard of international civil service. The standards are the relationship of international civil service, benefit evasion, the relationship with member nations, the relationship with international society and mass media, material use and protection, esteem for different customs and cultures, security and safeguard, personal behavior, to get a job and participate in activities, others offering gifts or honor because of the position.
Finally, it shows the difference between diplomats and international civil service in the cases of Liu and Kahn. A diplomat has absolute immunity because of“Vienna Convention on Diplomatic Relations of 1961”, but international civil service has little reference to work. It shows the value of“Behavior Standard of International Civil Service”in the cases of Kahn is that only when loyally executing the mission of international organization that can be protected with international law. The standard also said that international civil service violated the rule when he had a criminal judgment. Therefore, international civil service only when executing the mission has the protection of international administrative court and doesn’t have other privilege of diplomats.