Procedure for Review of United Nations Administrative Tribunal Judgements: Amendments to the Statute of the Administrative Tribunal

A/RES/957(X)View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, published in 1956.

What subjects does this mandate have?

5 subjects

Administrative Courts and Tribunals Advisory Opinions Judgements Judicial Review of Administrative Acts Terms of Reference

What’s in this document?

3 operative paragraphs

Decides to amend the Statute of the United Nations Administrative Tribunal, effective from the date of adoption of the present resolution, with respect to judgements rendered by the Tribunal thereafter, as follows:

Add the following new articles 11 and 12 :

"Article 11 "1. If a Member State, the Secretary-General or the person in respect of whom a judgement has been rendered by the Tribunal ( including any one who has succeeded to that person's rights on his death)

objects to the judgement on the ground that the Tribunal has exceeded its jurisdiction or competence or that the Tribunal has failed to exercise jurisdiction vested in it, or has erred on a question of law relating to the provisions of the Charter of the United Nations,

or has committed a fundamental error in procedure which has occasioned a failure of justice, such Member State, the Secretary-General or the person concerned may, within thirty days from the date qf the judgement, make a written application to the Committee established by paragraph 4 of this article asking the Committee to request an advisory opinion of the International Court of Justice on the matter.

"2. Within thirty days from the receipt of an application under paragraph 1 of this article, the Committee shall decide whether or not there is a substantial basis for the application. If the Committee decides that such a basis exists, it shall request an advisory opinion of the Court, and the Secretary-General shall arrange to transmit to the Court the views of the person ref erred to in paragraph 1.

"3. If no application is made under paragraph 1 of this article, or if a decision to request an advisory opinion has not been taken by the Committee, within the periods prescribed in this article, the judgement of the Tribunal shall become final. In any case in which a request has been made for an advisory opinion, the Secretary-General shall either give effect to the opinion of the Court, or request the Tribunal to convene specially in order that it shall confirm its original judgement, or give a new judgement, in conformity with the opinion of the Court. If not requested to convene specially, the Tribunal shall at its next session confirm its judgement or bring it into conformity with the opinion of the Court.

"4. For the purpose of this article, a Committee is established and authorized under paragraph 2 of Article 96 of the Charter to request advisory opinions of the Court. The Committee shall be composed of the Member States the representatives of which have served on the General Committee of the most recent regular session of the General Assembly. The Committee shall meet at United Nations Headquarters and shall establish its own rules.

"S. In any case in which award of compensation has been made by the Tribunal in favour of the person

concerned and the Committee has requested an advisory opinion under paragraph 2 of this article, the

12 Ibid., Tenth Session, Annexes, agenda item 49, document A/29@. Resolutiona adopted on the reports of the Fifth Committee

Secretary-General, if satisfied that such person will otherwise be handicapped in protecting his interesb,

shall within fifteen days of the decision to request an advisory opinion make an advance payment tu him of one-third of the total amount of compensation awarded by the Tribunal less such termination benefits, if any,

as have already been paid. Such advance payment shall be made on condition that, within thirty days oi thl' action of the Tribunal under paragraph 3 of this arti de, such person shall pay back to the United Nations the amount, if any, by which the advance payment exceeds any sum to which he is entitled in acconlanct with the opinion of the Court.

"Article 12 "The Secretary-General or the applicant may applj to the Tribunal for a revision of a judgement on th,

basis of the discovery of some fact of such a natur,

as to be a decisive factor, which fact was, when th,

judgement was given, unknown to the Tribunal and also to the party claiming revision, always provided that such ignorance was not due to negligence. The application must be made within thirty days of the discovery of the fact and within one year of the date of the judgement. Clerical or arithmetical mistake;,

in judgements, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Tribunal either of its own motion or on the application of any of the parties";

( b) Renumber the former articles 11 and 12 as arti des 13 and 14 respectively, and in paragraph 3 of arti de 9 substitute the words "article 14" for "article 12"

( c) Amend paragraph 2 of article 10 to read :

"Subject to the provisions of articles 11 and 12,

the judgements of the Tribunal shall be final and without appeal" ;

Recommends that Member States and the Sec1e tary-General should not make oral statements befori, the International Court of Justice in any proceedings under the new article 11 of the Statute of the Adminis · trative Tribunal adopted under the present resolution.

8 November 1955.

Who adopted this document and its mandates?

What subjects does this mandate have?

What’s in this document?

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