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Permanent Court of International Justice

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Français

Judgments of the Administrative Tribunal of the ILO upon Complaints Made against Unesco

Overview of the case

The Statute of the Administrative Tribunal of the International Labour Organization (ILO) (the jurisdiction of which had been accepted by the United Nations Educational, Scientific and Cultural Organization (UNESCO) for the purpose of settling certain disputes which might arise between the Organization and its staff members) provides that the Tribunal’s judgments shall be final and without appeal, subject to the right of the Organization to challenge them. It further provides that in the event of such a challenge, the question of the validity of the decision shall be referred to the Court for an advisory opinion, which will be binding. When four UNESCO staff members holding fixed-term appointments complained of the Director-General’s refusal to renew their contracts on expiry, the Tribunal gave judgment in their favour. UNESCO challenged these judgments, contending that the staff members concerned had no legal right to such renewal and that the Tribunal was competent only to hear complaints alleging nonobservance of terms of appointment or staff regulations. In its Advisory Opinion of 23 October 1956, the Court said that an administrative memorandum which had announced that all holders of fixed-term contracts would, subject to certain conditions, be offered renewals might reasonably be regarded as binding on the organization and that it was sufficient to establish the jurisdiction of the Tribunal, that the complaints should appear to have a substantial and not merely artificial connection with the terms and provisions invoked. It was therefore the Court’s opinion that the Administrative Tribunal had been competent to hear the complaints in question.


This overview is provided for information only and in no way involves the responsibility of the Court.

Request for Advisory Opinion

Request for Advisory Opinion (including the dossier of documents transmitted to the Court pursuant to article 65, paragraph 2 of the Statute)

2 December 1955
Request for Advisory Opinion (including the dossier of documents transmitted to the Court pursuant to article 65, paragraph 2 of the Statute)
Available in:
English French

Written proceedings

Written Statements

1 April 1956
Available in:
English French

Oral proceedings

Verbatim record 1956

Minute of the Public Sitting held at the Peace Palace, The Hague, on October 23rd, 1956, the President, Mr. Hackworth, presiding
Available in:
Original Language

Orders

Order of 5 December 1955

Fixing of time-limit: Written Statements
Available in:
English French Bilingual

Advisory opinions

Summaries of Advisory Opinions and Orders

Summary 1956/2

Summary of the Advisory Opinion of 23 October 1956
Available in:
English French

Press releases

Press release 1954/1

14 January 1954
Judgments of the Administrative Tribunal of the ILO upon Complaints Made against Unesco - Notification from the Registry of the International Court of Justice to the States Members of the United Nations and the International Labour Organization
Available in:
English French

Press release 1954/9

26 May 1954
Judgments of the Administrative Tribunal of the ILO upon Complaints Made against Unesco - The hearings will begin on May 10th, at 10.30 a.m.
Available in:
English French

Press release 1954/10

8 June 1954
Judgments of the Administrative Tribunal of the ILO upon Complaints Made against Unesco - Representatives of the States which have declared their intention to take part in the oral proceedings
Available in:
English French

Press release 1955/35

5 December 1955
Judgments of the Administrative Tribunal of the ILO upon Complaints Made against Unesco - The Executive Board of the United Nations Educational, Scientific and Cultural Organization requests the Court to give an advisory opinion
Available in:
English French

Press release 1955/36

20 December 1955
Judgments of the Administrative Tribunal of the ILO upon Complaints Made against Unesco - The Court fixes April 10th, 1956, as time-limit for the submission of written statements
Available in:
English French

Press release 1956/10

31 May 1956
Judgments of the Administrative Tribunal of the ILO upon Complaints Made against Unesco - The Court fixes a time-limit for the filing of further written statements
Available in:
English French

Press release 1956/14

30 August 1956
Judgments of the Administrative Tribunal of the ILO upon Complaints Made against Unesco - The Court will meet on September 3rd, 1956, to begin its deliberation
Available in:
English French

Press release 1956/16

15 October 1956
Judgments of the Administrative Tribunal of the ILO upon Complaints Made against Unesco - The Court will deliver its Advisory Opinion on October 23rd, 1956
Available in:
English French

Press release 1956/17

23 October 1956
Judgments of the Administrative Tribunal of the ILO upon Complaints Made against Unesco - Advisory Opinion
Available in:
English French

Correspondence

Correspondence

30 November 1955
Correspondence
Available in:
English French