Tuesday, May 11, 2010
The International Court of Justice has jurisdiction over contentious cases (one country against another). The ICJ also has advisory jurisdiction that allows the court to answer questions posed to it by organs of the United Nations (such as the General Assembly) and specialized agencies that are specifically authorized by the U.N. General Assembly to seek advisory opinions. One of the agencies so authorized is the International Fund for Agricultural Development (IFAD).
IFAD has filed a new request for an advisory opinion, based on a judgment rendered by the Administrative Tribunal of the International Labour Organization.
The request for an advisory opinion received in the Registry of the ICJ falls within the framework of a rarely used procedure, that of the review of judgments of administrative tribunals, which has given rise to the delivery of only four advisory opinions since 1946.
- In 1955, the Executive Board of UNESCO, acting within the framework of Article XII of the Statute of the Administrative Tribunal of the ILO, decided to challenge two decisions rendered by the Tribunal and to refer the question of their validity to the Court for an advisory opinion.
- In 1972, 1981 and 1984, the Committee on Applications for Review of United Nations Administrative Tribunal Judgments, acting within the framework of Article 11 of the Statute of that Tribunal, decided that there was a substantial basis within the meaning of that Article for the applications for review of Judgments Nos. 158, 273 and 333. It therefore requested the Court to give an advisory opinion on the matter in respect of each of those applications.