Judgment No. 83
1. The submissions of the complaint relating to the quashing of the decision dated 13 November 1964 are dismissed on account of the incompetence of the Tribunal.
2. The remainder of the conclusions of the complaint is dismissed.
"The Tribunal is not competent to decide on [the complainant's] plea for the quashing of the decision [...] by the Director-General [...] whereby he refused to put before the governing body of [the organisation] a proposal to submit the judgment [in question] to the International Court of Justice."
icj; competence of tribunal; executive head; refusal; request by a party; advisory opinion of icj
It follows from Article XII of the Statute of the Tribunal "that the possibility of submitting the question of the validity of the decision given by the Tribunal to the International Court of Justice is exclusively vested in the governing body of [the Organisation] or the administrative board of the pensions fund, as is borne out by the court itself (advisory opinion dated 23 October 1956, ICJ reports, 1956, page 77 and pages 84-85). Such a possibility is open in the sole interest of the organisation [...]. Moreover, the exercise of this right must inevitably lead the governing body to take a stand on the validity of judgments rendered by the Administrative Tribunal."
ILOAT reference: ARTICLE XII OF THE STATUTE
icj; competence; unjspf; organisation's interest; executive body; request by a party; advisory opinion of icj