5 December 1955

 

General List No. 30

 
     

international Court of Justice

     
     
     

Judgments of the Administrative Tribunal of the International Labour Organizations upon Complaints Made against the United Nations Educational Scientific and Cultural Organization

 

 

 

     
     
 

Order

 
     
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BEFORE: President: Green H. Hackworth
   
PermaLink: http://www.worldcourts.com/icj/eng/decisions/1955.12.05_administrative_tribunal.htm
   
Citation: Judgments of the Administrative Tribunal of the I.L.O. Upon Complaints Made Against the UNESCO, Order, 1955 I.C.J. 127 (Dec. 5)
 
     
 
 
     
 

[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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