Judgment No. 57
Decision
THOSE CONCLUSIONS, APPENDED TO THE COMPLAINT OF DR. PRESS, WHICH REQUEST SUSPENSION OF THE PUBLICATION OF THE REPORT WHO/INSECTICIDES/125 IN THE BULLETIN OF WHO UNTIL THE TRIBUNAL DELIVERS JUDGMENT ON THE DECISION IMPUGNED, ARE REJECTED.
Considerations
Extract:
"Although under Article 19 of its Rules of court the Tribunal may prescribe provisional measures during the preliminary examination of a complaint before it, no such measures can be contemplated unless they are directed to ensuring a fully satisfactory preliminary examination of the case, and unless they are conducive to that end, and such as to enable the Tribunal to issue a judgment based on a full knowledge of the facts or serving an effective purpose."
Reference(s)
ILOAT reference: ARTICLE 19 OF THE RULES
Keywords
complaint; submissions; provisional measures; iloat statute; purpose
Considerations
Extract:
"No provision of its Statute attributes competence to the Tribunal to issue directions to an organisation against which a complaint has been lodged, and particularly to order the competent authorities of such an organisation to take or refrain from taking a particular course of action."
Keywords
organisation; competence of tribunal
Preamble and Material Facts
Extract:
Considering the complaint and the reply of the organization to the preliminary conclusion put forward in the said complaint, whereby the complainant requests that the Tribunal "should order the publication of the [document] to be suspended pending a judgment on the legality of the decision impugned. in view of their urgency and their contents, the preliminary conclusions call for an immediate decision."
Keywords
tribunal; interlocutory order; publication; refusal
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