Effect of Awards Case in the Administrative Tribunal of the United Nations

Effect of Awards Case in the Administrative Tribunal of the United Nations

Effect of Awards Case in the Administrative Tribunal of the United Nations

1954 I.C.J. Rep

47 . By Res. 785 (VIII) of 9 December 1953 , the U.N. General Assembly requested of the

I.C.J. an advisory opinion on the following questions: (1) 'Having regard to the Statute

of the United Nations Administrative Tribunal [etc.] has the General Assembly the right

on any grounds to refuse to give effect to an award of compensation … in favour of a

staff member of the United Nations, whose contract of service has been terminated without

his assent?' (2) 'If the answer … is affi rmative, what are the principal grounds upon

which the General Assembly could lawfully exercise such a right?' On 13 July 1954 , the

Court advised (9 to 3) that the General Assembly had no such right because '[w]hen the

Secretary-General concludes a contract of service … he engages the legal responsibility of

the Organization…. If he terminates the contract of service … and this … results in a dispute

which is referred to the Administrative Tribunal, the parties to the dispute are the staff

member … and the United Nations Organization, and these parties will become bound by

the judgment…. It follows that the General Assembly, as an organ of the United Nations,

must likewise be bound': p. 53.[1]

Resources

Notes

  1. The entry “administrative tribunal of the united nations, effect of awards case” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

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