Judgment No 2867 of the Administrative Tribunal of the International Labour Organization upon a Complaint Filed against the International Fund for Agricultural Development

Abstract

International organizations — Personality — Legal capacity — Capacity to enter into contracts — Arrangements whereby one organization hosted by another — Nature of hosting arrangements — Employment of staff members — Global Mechanism of the United Nations Convention to Combat Desertification — Arrangement for hosting by International Fund for Agricultural Development

International organizations — Staff members — Appeals — International Labour Organization Administrative Tribunal — Jurisdiction — International Fund for Agricultural Development — Acceptance of jurisdiction of Tribunal — Whether extending to complaints brought by persons employed to work on programme of body hosted by Fund — Challenges to Tribunal judgments — Challenge by means of request for advisory opinion of International Court of Justice — Binding character of opinion

International Court of Justice — Advisory jurisdiction — Scope and nature of jurisdiction — Discretion of Court not to reply to request — International Labour Organization Administrative Tribunal — Statute of Tribunal providing for challenge to judgments of Tribunal by way of request for advisory opinion — Whether contrary to principle of equality of arms — Whether appropriate for Court to respond to request