International Court of Justice

Judgments of the Administrative Tribunal of the International Labor Organization Upon Complaints Made Against the United Nations Educational, Scientific and Cultural Organization: On November 30, 1955, the Legal Adviser of the United Nations Educational, Scientific and Cultural Organization (UNESCO) transmitted to the Court a resolution of the 42d session of die UNESCO Executive Board dated November 25, 1955, under which the Board, acting within the framework of Article XII of the Statute of the Administrative Tribunal of the International Labor Organization (ILO), had decided to challenge the decisions rendered by the Tribunal on April 26, 1955, in die Leff, Duberg and Wilcox cases and on October 29, 1955, in the Bernstein case, and to refer die question of their validity to the International Court. The Board had decided to put to die Court die following questions: 1) had die ILO Administrative Tribunal been competent, under Article II of its Statute, to hear the complaints introduced against UNESCO on February 5, 1955, by Messrs. Duberg and Leff and Mrs. Wilcox, and on June 28, 1955 by Mrs. Bernstein: 2) in the case of an affirmative answer to the first question, a) had the Administrative Tribunal been competent to determine whether the power of die UNESCO Director-General not to renew fixed-term appointments had been exercised for the good of the service and the interest of the organization, and b) had die Administrative Tribunal been competent to pronounce on the attitude which the UNESCO Director-General, under the terms of die UNESCO constitution, should maintain in his relations with a member state, particularly as regarded the execution of the policy of the government authorities of that member state; and 3) in any case, what was the validity of the decisions given by die Administrative Tribunal in the four cases in question. Following receipt of die request for an advisory opinion, the Court fixed April 30, 1956, as the time-limit within which written statements might be submitted by any state entitled to appear before the Court, or any international organization considered by the president of die Court as likely to be able to furnish information on the questions referred to the Court, and reserved the rest of the procedure for further decision.