Denial of justice (938,-666)

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Keywords: Denial of justice
Total judgments found: 1

• Judgment 4458

  
  133rd Session, 2022
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant seeks the setting aside of the information circular which, according to her, announced the closure of the UNESCO Commissary.

  Consideration 12

  Extract:

  In his [...] letter [...] responding to UNESCO’s final observations, counsel for the complainant submits that a decision to decline jurisdiction would result in “a flagrant denial of justice on account of the lack of alternative remedies”. However, even though it may prove impossible to settle the dispute in another jurisdiction, that risk cannot allow the Tribunal to rule on a complaint which does not fall within its own jurisdiction. It should be borne in mind that, as the Tribunal has always made clear since its earliest judgments, its jurisdiction is limited and, as such, it is “bound to apply the mandatory provisions governing its competence” (see Judgment 67, consideration 3, or, more recently, Judgment 2657, consideration 5).

  Reference(s)

  ILOAT Judgment(s): 67, 2657
  

  Keywords:

  competence of tribunal; denial of justice; vested competence;