Amendments to the Statute of the ILO Administrative Tribunal adopted
At its 105th Session (June 2016), the International Labour Conference adopted amendments to the Statute of the ILO Administrative Tribunal.
GENEVA (ILO News) - At its 105th Session (June 2016), the International Labour Conference adopted amendments to the Statute of the ILO Administrative Tribunal. Those amendments were the subject of consultations among the 60 international organizations having recognized the Tribunal’s jurisdiction and were approved by the ILO Governing Body at its 326th Session (March 2016).
Most importantly, article XII of the Statute and article XII of its Annex – which enabled only the defendant organizations to challenge a decision of the Tribunal before the International Court of Justice – have now been removed. These provisions had been criticized as being contrary to the principles of equality of access to justice and equality of arms, last in the context of the ICJ advisory opinion of 2012 concerning Judgment No. 2867 of the ILO Administrative Tribunal).
A similar provision had been deleted from the Statute of the former United Nations Administrative Tribunal in 1995. The other substantive amendment concerns article VI of the Statute which now includes an express reference to the possibility for filing applications for interpretation, execution or review of judgments. In addition, the long-standing practice according to which the Tribunal is duly consulted prior to the adoption of any amendments to the Statute is now expressly reflected in its article XI. The text of the Statute, as amended.
Most importantly, article XII of the Statute and article XII of its Annex – which enabled only the defendant organizations to challenge a decision of the Tribunal before the International Court of Justice – have now been removed. These provisions had been criticized as being contrary to the principles of equality of access to justice and equality of arms, last in the context of the ICJ advisory opinion of 2012 concerning Judgment No. 2867 of the ILO Administrative Tribunal).
A similar provision had been deleted from the Statute of the former United Nations Administrative Tribunal in 1995. The other substantive amendment concerns article VI of the Statute which now includes an express reference to the possibility for filing applications for interpretation, execution or review of judgments. In addition, the long-standing practice according to which the Tribunal is duly consulted prior to the adoption of any amendments to the Statute is now expressly reflected in its article XI. The text of the Statute, as amended.