Suspensory effects (165,-666)

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Keywords: Suspensory effects
Total judgments found: 5

• Judgment 3152

  
  114th Session, 2013
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant applies for execution of Judgments 2867 and 3003.

  Consideration 11

  Extract:

  The Tribunal recalls that, "according to the provisions of Article VI of its Statute, its judgments are “final and without appeal”, and they are therefore “immediately operative”, as its earliest case law established (see, in particular, Judgment 82, under 6). The Tribunal subsequently noted that the principle that its judgments are immediately operative is also a corollary of their res judicata authority [...]. For this reason, international organisations which have recognised the Tribunal’s jurisdiction are bound to take whatever action a judgment may require (see [...] Judgments 553 and 1328, or Judgment 1338, under 11). Lastly, there is no provision in the Statute or the Rules of the Tribunal stipulating that, notwithstanding these principles, the submission of an application for an advisory opinion to the International Court of Justice under [...] Article XII has the effect of staying the execution of the impugned judgment pending the rendering of that opinion."

  Reference(s)

  ILOAT reference: Articles VI and XII of the Statute
  ILOAT Judgment(s): 82, 553, 1328, 1338
  

  Keywords:

  advisory opinion of icj; application for execution; competence of tribunal; consequence; decision; declaration of recognition; exception; execution of judgment; finality of judgment; icj; iloat statute; judgment of the tribunal; no provision; organisation's duties; request by a party; res judicata; suspensory effects;
  

  
  
  

• Judgment 2899

  
  108th Session, 2010
  European Free Trade Association
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 29

  Extract:

  The complainant refused to accede to EFTA's request for reimbursement of an amount allegedly overpaid.
  "Contrary to his submissions, the complainant could not refuse [...] to comply with the Association's express and repeated requests for reimbursement. As the internal appeal procedure does not have a suspensory effect, and even though [EFTA] would no doubt have been wiser to await its completion before demanding payment of the debt, he was bound to comply with these requests. His refusal to accede to them thus constituted misconduct which could lead to a disciplinary sanction [...]."

  Keywords:

  breach; condition; disciplinary measure; internal appeal; procedure before the tribunal; recovery of overpayment; refund; refusal; request by a party; staff member's duties; suspensory effects;
  

  
  
  

• Judgment 2327

  
  97th Session, 2004
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "Internal debates and discussions in the [executive body of an international organisation] are irrelevant to [the organisation's] obligation faithfully and promptly to execute the Tribunal's judgments."

  Keywords:

  application for execution; effect; execution of judgment; executive body; judgment of the tribunal; suspensory effects; time limit;
  

  
  
  

• Judgment 1584

  
  82nd Session, 1997
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  According to Article VII(4) of the Tribunal's Statute a complaint has no suspensory effect and the Tribunal is not empowered to make a ruling that would suspend [the complainant's] dismissal pending the Tribunal's judgment.

  Reference(s)

  ILOAT reference: ARTICLE VII(4) OF THE STATUTE
  
  

  Keywords:

  complaint; decision; effect; iloat statute; submissions; suspensory effects;
  

  
  
  

• Judgment 82

  
  14th Session, 1965
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  The organisation "has the option of asking the International Court of Justice for an opinion, which is binding [...]. This option, which can [...] be used without any restriction as to time, does not affect, in the absence of any explicit provisions in [...] Article XII [of the Statute of the Tribunal], the immediately operative character of those judgments. With regard to the opinion which the organisation may possibly request from the Court by virtue of [...] the agreement between the United Nations and [the organisation], this opinion is only of an advisory character and could not, in any event, have any influence on the execution of the judgment by the Tribunal."

  Reference(s)

  ILOAT reference: ARTICLE XII OF THE STATUTE
  ILOAT Judgment(s): 61
  

  Keywords:

  advisory opinion of icj; binding character; delay in payment; execution of judgment; icj; judgment of the tribunal; organisation; suspensory effects;
  

  Consideration 5

  Extract:

  "In accordance with a well-established and generally recognised principle of law, any judgment compelling one party to pay to the other party a sum of money implies, in itself, the obligation to pay that sum without delay. It could be otherwise only in the event that the judgment expressly mentioned that this sum would be payable only at a later date and where the Statutes of the court concerned make provision for the right to appeal against the judgments delivered by it and formally state that exercise of that right of appeal carries suspensory effect on execution of those judgments."

  Reference(s)

  ILOAT Judgment(s): 61
  

  Keywords:

  delay in payment; exception; execution of judgment; judgment of the tribunal; organisation's duties; suspensory effects; time limit;