ICJ Case: Judgments of the Administrative Tribunal of the ILO upon Complaints Made against UNESCO скачать в хорошем качестве

ICJ Case: Judgments of the Administrative Tribunal of the ILO upon Complaints Made against UNESCO

Judgments of the Administrative Tribunal of the ILO upon Complaints Made against UNESCO OVERVIEW OF THE CASE The Statute of the Administrative Tribunal of the International Labour Organization (ILO) (the jurisdiction of which had been accepted by the United Nations Educational, Scientific and Cultural Organization (UNESCO) for the purpose of settling certain disputes which might arise between the Organization and its staff members) provides that the Tribunal’s judgments shall be final and without appeal, subject to the right of the Organization to challenge them. It further provides that in the event of such a challenge, the question of the validity of the decision shall be referred to the Court for an advisory opinion, which will be binding. When four UNESCO staff members holding fixed-term appointments complained of the Director-General’s refusal to renew their contracts on expiry, the Tribunal gave judgment in their favour. UNESCO challenged these judgments, contending that the staff members concerned had no legal right to such renewal and that the Tribunal was competent only to hear complaints alleging nonobservance of terms of appointment or staff regulations. In its Advisory Opinion of 23 October 1956, the Court said that an administrative memorandum which had announced that all holders of fixed-term contracts would, subject to certain conditions, be offered renewals might reasonably be regarded as binding on the organization and that it was sufficient to establish the jurisdiction of the Tribunal, that the complaints should appear to have a substantial and not merely artificial connection with the terms and provisions invoked. It was therefore the Court’s opinion that the Administrative Tribunal had been competent to hear the complaints in question.