Handbook of procedures relating to international labour Conventions and Recommendations

VIII. Interpretation of Conventions and Recommendations

Interpretation by the International Court of Justice

65. The International Court is, by virtue of article 37, paragraph 1, of the Constitution, which reads as follows, considered the only body competent to give authoritative interpretations of ILO Conventions and Recommendations: (Endnote_1)

Any question or dispute relating to the interpretation of this Constitution or of any subsequent Convention concluded by the Members in pursuance of the provisions of this Constitution shall be referred for decision to the International Court of Justice.

66. Governments which are in doubt as to the meaning of particular provisions of an ILO Convention or Recommendation may request the Office to express its opinion. The Office, always with the reservation that it has no special authority under the Constitution to interpret Conventions and Recommendations, has assisted governments when asked for its opinion. (Endnote_2) Where the request is for a formal or official opinion or the issue raised is likely to be of general interest, a Memorandum by the International Labour Office will be published in the Official Bulletin, containing the Office's opinion. A simple letter of reply will normally be sent by the Office in cases where a formal or official opinion is not specifically requested.

66. Explanations as to the scope and meaning of provisions of Conventions may be found in the reports of the Committee of Experts and the Conference Committee on the Application of Standards, Commissions of Inquiry appointed under article 26 of the Constitution, the Governing Body Committee on Freedom of Association and the Fact-Finding and Conciliation Commission on Freedom of Association. (Endnote_3)

Endnotes

Cross references
Constitution: Article 26
Constitution: Article 37