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International instrument (226, 685,-666)

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Keywords: International instrument
Total judgments found: 22

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  • Judgment 3726


    123rd Session, 2017
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss her claim for compensation on account of labour exploitation and compulsory labour.

    Consideration 5

    Extract:

    The complainant refers to a number of international conventions. As indicated in the foregoing paragraph of this judgment, their terms are only enforceable between the States Parties, but the general principles enshrined therein may also apply to staff relations.

    Keywords:

    applicable law; international instrument;



  • Judgment 3434


    119th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the EPO had correctly concluded that the complainant was not entitled to the reimbursement he claimed for the school fees of his children.

    Consideration 22

    Extract:

    The Tribunal has consistently stated that the staff regulations and staff rules of an international organisation are to be interpreted without resort to international instruments. Such instruments bind State Parties.

    Keywords:

    international instrument; interpretation;



  • Judgment 3105


    113th Session, 2012
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "As the revised Seat Agreement is an international agreement, [...] the Tribunal does not have jurisdiction to examine in any way its validity. [However] the Tribunal does have jurisdiction to consider the correctness of the application of a provision of the revised Seat Agreement".

    Keywords:

    competence of tribunal; flaw; headquarters agreement; international instrument; provision; vested competence;



  • Judgment 2662


    103rd Session, 2007
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The complainant contends that there was a violation of Article 6 of the European Convention on Human Rights. "Reliance on the Convention is misplaced as it is not applicable to international organisations. The complainant's rights are those derived from the Staff Regulations and Staff Rules and from the general principles of law applicable to such organisations."

    Keywords:

    breach; complainant; complaint allowed; complaint allowed in part; enforcement; general principle; international civil service principles; international instrument; organisation; provision; right; staff regulations and rules;



  • Judgment 2292


    96th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    Even if "the Member States of the [Organisation] are all signatories to the European Convention on Human Rights, the Organisation [...] as such is not a member of the Council of Europe and is not bound by the Convention in the same way as signatory states. Nevertheless, the general principles enshrined in the Convention, particularly the principles of non-discrimination and the protection of property rights, are part of human rights, which, [...] in compliance with the Tribunal's case law, apply to relations with staff."

    Keywords:

    applicable law; case law; equal treatment; general principle; international civil service principles; international instrument; member state; organisation's duties; provision; right; rule of another organisation; universal declaration of human rights; working relations;



  • Judgment 2120


    93rd Session, 2002
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10 and 11

    Extract:

    A paragraph of a notice issued by the Organisation's secretariat stipulates that the spouse of a staff member shall normally not be employed in the same department as the staff member. The Tribunal considers that "the provision improperly discriminates between candidates for appointment based on their marital status and family relationship [...]. Discrimination on such grounds is contrary to the Charter of the United Nations, general principles of law and those which govern the international civil service, as well as international instruments on human rights. [...] All forms of improper discrimination are prohibited. What is improper discrimination? It is, at least in the employment context, the drawing of distinctions between staff members or candidates for appointment on the basis of irrelevant personal characteristics. Manifestly, the fact that two staff members may be married to each other is not relevant to their competence or the capacity of either one of them to fulfil their obligations. and, if it is thought that marital or intimate personal relationships between staff members may create management problems, such problems must be dealt with in ways that do not discriminate against either of them as a result of such relationships. The Tribunal notes that [the notice] as it is written, besides being too broad, is not even effective in dealing with the presumed possibility of undue influence or favouritism for it is silent on non-marital intimate relationships. It also fails to deal with marriages taking place after appointment".

    Keywords:

    administrative instruction; assignment; breach; candidate; competition; complaint allowed; complaint allowed in part; definition; difference; equal treatment; family relationship; general principle; grounds; international civil service principles; international instrument; official; organisation; post; provision; publication; qualifications; same; staff member's duties; terms of appointment; un charter; universal declaration of human rights;



  • Judgment 1390


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    Article 15 of Annex 1 to the Eurocontrol Convention says that "the Agency shall be empowered to recruit personnel directly only if the contracting parties are unable to make qualified personnel available to it". The Tribunal holds that the provision "limits the organisation's freedom to recruit by giving priority to candidates prescribed by the contracting parties over 'outside' candidates, but it puts no restrictions on the organisation's freedom to assess the suitability of applicants, wherever they may come from, nor its right to give serving staff a reasonable opportunity of advancement provided that they are as well qualified as other candidates."

    Reference(s)

    Organization rules reference: ARTICLE 15 OF ANNEX 1 TO THE EUROCONTROL CONVENTION

    Keywords:

    appointment; candidate; career; case sent back to organisation; competition; competition cancelled; complaint allowed; decision quashed; discretion; equal treatment; internal candidate; international instrument; interpretation; legitimate expectation; member state; official; priority; promotion; qualifications;



  • Judgment 1369


    77th Session, 1994
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The Tribunal must enforce the law within the full ambit of the competence its Statute vests in it. For that purpose it will apply any material rule of law, be it international or administrative or labour law or any other body of law. The only sort it will not apply is national law, save where there is express renvoi thereto in the Staff Regulations or contract of employment: see Judgment 1311 [...], under 15."

    Reference(s)

    ILOAT Judgment(s): 1311

    Keywords:

    applicable law; case law; competence of tribunal; contract; domestic law; exception; iloat statute; international civil service principles; international instrument; law of contract; right; staff regulations and rules; written rule;



  • Judgment 1144


    72nd Session, 1992
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4, 5 and 6

    Extract:

    The complainant, who has objections to his performance report, contends that the EPO's reporting system does not treat all officials on the same basis inasmuch as one group of officials may complete a shortened report and because the system is in breach of Article 6 of the European Convention on Human Rights, which says that everyone shall be entitled to a fair hearing by an independent and impartial tribunal. But the Tribunal considers that "the complainant has not shown that he himself has been adversely affected because staff who belong to another category have [the aforementioned] option." Moreover, "the Convention puts obligations on signatory States, and it is not apparent that it is applicable [...]. At all events, even supposing that the Convention as such was applicable, the Tribunal's answer to the plea would be that the principles underlying Article 6 are fully recognised in the Service Regulations".

    Keywords:

    enforcement; equal treatment; international instrument; lack of injury; performance report; rating; right to reply;



  • Judgment 744


    58th Session, 1986
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 5

    Extract:

    Under the circumstances, the Tribunal shall be competent to hear the complaint, the complainant being entitled to assert a right granted to him under the headquarters agreement and which accrues to him by virtue of the terms of appointment.

    Keywords:

    competence of tribunal; complaint allowed; contract; decision quashed; enforcement; headquarters agreement; international instrument;



  • Judgment 742


    58th Session, 1986
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Where a provision of the Staff Regulations is amended the Tribunal may order the organisation to apply the old text rather than the new one. Likewise, where provisions of the Staff Regulations are replaced by clauses of an international agreement, the Tribunal may order the organisation to apply the former instead of the latter. The Tribunal is therefore competent."

    Keywords:

    amendment to the rules; competence of tribunal; enforcement; international instrument; pension; provision; staff regulations and rules;

    Consideration 8

    Extract:

    "According to customary methods of interpretation any action prescribed in a text is deemed to be of immediate effect. There is no presumption of retroactive effect."

    Keywords:

    date; effective date; international instrument; interpretation; non-retroactivity;



  • Judgment 741


    58th Session, 1986
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    Vide Judgment 742, consideration 7.

    Reference(s)

    ILOAT Judgment(s): 742

    Keywords:

    amendment to the rules; competence of tribunal; enforcement; international instrument; pension; provision; staff regulations and rules;

    Consideration 9

    Extract:

    Vide Judgment 742, consideration 8.

    Reference(s)

    ILOAT Judgment(s): 742

    Keywords:

    date; effective date; international instrument; interpretation; non-retroactivity;



  • Judgment 493


    48th Session, 1982
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The international agreement thus concluded between the ILO and the Agency in accordance with Article II, paragraph 5, of the Statute of the Tribunal is not subject to any limitations on the recognition of the Tribunal's competence other than those arising out of the actual text. The Tribunal derives its competence from that international agreement, which prevails over rules unilaterally adopted earlier by one of the parties. The agreement recognising the Tribunal's competence does not exempt staff members such as the complainant from the application of [the Staff Rules and Regulations]."

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE

    Keywords:

    competence of tribunal; declaration of recognition; enforcement; international instrument; provision; staff regulations and rules;



  • Judgment 372


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5 and 6

    Extract:

    The privileges at issue derive from the headquarters agreement and have been expressly granted in the interests of the organisation. "Hence, according to the terms of the agreement [...] the privileges granted [...] and now claimed by the complainant were not a personal right, and so could not have been of decisive importance to him when he accepted appointment. Furthermore, he may not rely on an express guarantee in his contract; "new staff members should [...] have realised that the benefits depended" on an agreement with a state which could be amended at any time. He may not rely on an acquired right.

    Keywords:

    acquired right; contract; headquarters agreement; international instrument; member state; organisation's interest; privileges and immunities; provision; terms of appointment;



  • Judgment 371


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "When the provisions governing the staff of an organisation are embodied in internal rules or in an international agreement, they have been adopted by the representatives of the States members of that organisation and their purpose is to govern conditions in the international civil service. Hence, by analogy, just as the Tribunal may decide not to apply a provision of the Staff Regulations in a particular case, so it may decide not to apply a clause of an international agreement."

    Keywords:

    competence of tribunal; enforcement; international instrument; provision;



  • Judgment 369


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "[T]he purpose of the complaint is not to have an international agreement revoked but to secure privileges and, subsidiarily, the payment of financial advantages. It is quite clearly brought against the EPO itself, and not any particular State. It cannot therefore be treated as irreceivable on the grounds that the EPO is not the true defendant."

    Keywords:

    complaint; international instrument; receivability of the complaint;

    Consideration 5

    Extract:

    Vide Judgment 371, consideration 2.

    Reference(s)

    ILOAT Judgment(s): 371

    Keywords:

    competence of tribunal; enforcement; international instrument; provision;

    Considerations 10 and 11

    Extract:

    Vide Judgment 372, considerations 5 and 6.

    Reference(s)

    ILOAT Judgment(s): 372

    Keywords:

    acquired right; contract; headquarters agreement; international instrument; member state; organisation's interest; privileges and immunities; provision; terms of appointment;



  • Judgment 368


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "What the complainants are really seeking is not the revocation of an international agreement but payment of financial benefits by [the organisation]. They have acted correctly in filing their complaints against the [organisation] itself, not against any one state. Hence the plea that the complaints are irreceivable because the [organisation] is not the true defendant must fail."

    Keywords:

    complaint; international instrument; receivability of the complaint;

    Consideration 3

    Extract:

    Vide Judgment 371, consideration 2.

    Reference(s)

    ILOAT Judgment(s): 371

    Keywords:

    competence of tribunal; enforcement; international instrument; provision;



  • Judgment 366


    41st Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The complainants take exception, not to the conclusion of the integration agreement, but to the application of some of its provisions. since those provisions are the same in kind as the Staff Regulations of an organisation there is no bar to the complainants' appealing to the Tribunal against the application of those provisions: according to Article II, paragraph 5, of its Statute the Tribunal hears 'complaints alleging non-observance, in substance or in form, of the terms of appointment of officials and of provisions of the Staff Regulations [...].'"

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE

    Keywords:

    competence of tribunal; enforcement; international instrument; merger; provision;

    Consideration 3

    Extract:

    "Where a provision of the Staff Regulations is amended the Tribunal may order the defendant organisation to apply the old text and not the new. So, too, when provisions of staff regulations are amended so as to comply with clauses in an international agreement(*) the Tribunal may order the application of the former rather than the latter" and is therefore competent. (*) which provides for the IPI's integration in the EPO

    Keywords:

    amendment to the rules; competence of tribunal; enforcement; international instrument; merger; provision; staff regulations and rules;



  • Judgment 365


    41st Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    Vide Judgment 366, consideration 4.

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
    ILOAT Judgment(s): 366

    Keywords:

    competence of tribunal; enforcement; international instrument; merger; provision;

    Consideration 4

    Extract:

    Vide Judgment 366, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 366

    Keywords:

    amendment to the rules; competence of tribunal; enforcement; international instrument; merger; provision; staff regulations and rules;



  • Judgment 351


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant contends that her dismissal infringed the Maternity Protection Convention [No. 103] and Recommendation [No. 95] of the ILO. "Those instruments do not apply to the WHO, however. Besides, they were not infringed."

    Keywords:

    applicable law; international instrument;

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Last updated: 02.07.2020 ^ top