Judgments of the Administrative Tribunal of the ILO upon Complaints Made against Unesco - The Executive Board of the United Nations Educational, Scientific and Cultural Organization requests the Court

Document Number
12343
Document Type
Number (Press Release, Order, etc)
1955/35
Date of the Document
Document File
Document

The following information £rom the Registry of the International
COU& of Justice has been comnicaied to the Press:

The Execut ive Board of the United Nat ions Xducat ional, S cientific

and Cultural Organiaatiori, by a resolution adopted al; its Und session
on November leth, 5955, acting vrithjn the i'ramework of Article XII of
the Statute of the AdministrativT eribunal of theIaternationaL labour
Organisation ,ecided to challenge the decisionsrendered by the
Tribunal on -4pril 26th, 1955, in the Lef i, Duberg and Wilcox cases
and on October 29th, 1955, In the Bernstein case, and to refer the
questionof their validity tt the Internationa lourt of Justice.

Accordingly, the Executive Boardof the United lktions
Educat ional, scientif ic and Cultural Organizat ion, by a resolution
adop'ced at its erid Sessionon November 25th, 1955, decided to request;

the Intemational Court of Justice to give an advisory opinion on the
f ollawing questions :

If - Having regad to the Statute of the Administrative
Tribunal of the Internationd Labour Organization,

- Having regard to the Staff Flegulations and Staff Rules
of the United Nations Educational, Scientific and Cultural
Qrganizztion, and ts my other relevant texts,

- Having regard to the contracts of appointment of
Messrs,Duberg and Leff arià I4rs. Wilcox and luIrs. Bernstein :

1 - Was the A~isirative Tribunal comgetent, under Article IJ
af its Statute, to hear the cornplaints L~troduced against the
United Nations Educatioml, Scientific ând Culturd Organixation
on 5 February 1955 by Kessrs. Duberg and Leff and Mrs, Wficox,
ard on 28 June 1955, by I!+irs. Bernstejn?

II - In the case of an affirmative answer to Question I :

a) Was the Adrllinis.GrativeTrïsunal competent to determine
whether the power of the Director-General not to renew fixed-
term appointments has been exsrcised for the good of the service
and in the interest of the Organizatioa? .

b) Was the Administrativ eribunal competentto pronounce
on the attitude which the Director-General, under the terrns of
the Constitutio nf the United Nat ionsEducat ional, Scientif ic
and Cultwal Organization, ought to mauitain irz his relations
with a MerriberState, particularlg. as regards the execution of
the policy of the Govermnt authoritLes of that ~enher'state?

.III: - In any case, what :isthe validity of the decisionsgiven
bu the Administrative Tribunal in its Judgments Nos, 17, 18, 19
and 21?11

The relevant aequest for an- Advisory Opinion was received in

Ghe Registry of the Court on December2nd, 1355.

The Hague, December 5th, 1755,

ICJ document subtitle

- The Executive Board of the the United Nations Educational, Scientific and Cultural Organization requests the Court to give an advisory opinion

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Document Long Title

Judgments of the Administrative Tribunal of the ILO upon Complaints Made against Unesco - The Executive Board of the United Nations Educational, Scientific and Cultural Organization requests the Court to give an advisory opinion

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