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[p127]
The President of the International Court of Justice,
having regard to Article 66, paragraph 2, of the Statute of the Court;
Whereas, on December 14th, 1946, the General Assembly of the United Nations
approved the agreement entered into by the Economic and Social Council with
the United Nations Educational, Scientific and Cultural Organization,
Article XI of which provides that this Organization is authorized to request
advisory opinions of the International Court of Justice on legal questions
arising within the scope of its activities, such request being addressed to
the Court by the General Conference or by the Executive Board acting in
pursuance of an authorization by the Conference ;
Whereas the Constitution of the United Nations Educational, Scientific and
Cultural Organization provides in Article V, paragraph II, that, between
sessions of the General Conference, the Executive Board may request advisory
opinions from the Court;
Whereas the United Nations Educational, Scientific and Cultural Organization
has recognized the jurisdiction of the Administrative Tribunal of the
International Labour Organisation and its Rules of [p128] procedure in
accordance with Article II, paragraph 5, of the Statute of the said
Tribunal, and whereas the Governing Body of the International Labour
Organisation approved on May 3oth, 1953, the application to the United
Nations Educational, Scientific and Cultural Organization of the said
Statute ;
Whereas on November 25th, 1955, the Executive Board of the United Nations
Educational, Scientific and Cultural Organization adopted a resolution
requesting the International' Court of Justice to give an advisory opinion
on the following questions :
"1.—Was the Administrative Tribunal competent, under Article II of its
Statute, to hear the complaints introduced against the United Nations
Educational, Scientific and Cultural Organization on 5 February 1955 by
Messrs. Duberg and Leff and Mrs. Wilcox, and on 28 June 1955 by Mrs.
Bernstein ?
II.—In the case of an affirmative answer to question 1:
(a) Was the Administrative Tribunal competent to determine whether the power
of the Director-General not to renew fixed-term appointments has been
exercised for the good of the service and in the interest of the
Organization ?
(b) Was the Administrative Tribunal competent to pronounce on the attitude
which the Director-General, under the terms of the Constitution of the
United Nations Educational, Scientific and Cultural Organization, ought to
maintain in his relations with a Member State, particularly as regards the
execution of the policy of the Government authorities of that Member State ?
III.—In any case, what is the validity of the decisions given by the
Administrative Tribunal in its Judgments Nos. 17, 18, 19 and 21?"
Whereas certified true copies of the aforesaid Resolution of the Executive
Board of the United Nations Educational, Scientific and Cultural
Organization were transmitted to the Court by a letter of the
Director-General of the United Nations Educational, Scientific and Cultural
Organization, dated November 3oth, 1955, and filed in the Registry on
December 2nd, 1955 ;
Fixes April 30th, 1956, as the time-limit within which written statements
may be submitted by any State entitled to appear before the Court, or any
international organization, considered by the President as likely to be able
to furnish information on the questions referred to the Court;
Reserves the rest of the procedure for further decision. [p129]
Done in English and French, the English text being authoritative, at the
Peace Palace, The Hague, this fifth day of December, one thousand nine
hundred and fifty-five.
(Signed) Green H. Hackworth,
President.
(Signed) J. Lopez Olivan,
Registrar. |
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