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1 Exchange of Letters between the United Nations and the International Tribunal for the Law of the Sea Extending Competence of the United Nations Administrative Tribunal to the Staff of the Registry of the International Tribunal for the Law of the Sea [i] (2000)

handle is hein.unl/exbeni0001 and id is 1 raw text is: EXCHANGE OF LETTERS BETWEEN THE UNITED NATIONS AND THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA EXTENDING COMPETENCE OF THE UNITED NATIONS ADMINISTRATIVE TRIBUNAL TO THE STAFF OF THE REGISTRY OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA (A) Letter from the President of the International Tribunal for the Law of the Sea to the Secretary-General of the United Nations 26 May 2000 Mr. Secretary-General, I have the honour to draw to your attention the question of the appeals system available to the staff of the Registry of the International Tribunal for the Law of the Sea against such administrative decisions or disciplinary actions as they may wish to contest (with the exception of decisions taken with regard to pensions which were already the subject of a special agreement of 18 February - 25 February 1998). The States Parties to the United Nations Convention on the Law of the Sea at their Fourth Meeting held from 4 - 8 March 1996, approved the application mutatis mutandis of the Staff Regulations and Rules of the United Nations and the Tribunal endorsed this recommendation. In conformity with this decision, the Tribunal has adopted the Staff Regulations of the Tribunal. Regulation 11 provides for a machinery of conciliation in its paragraphs (a) to (f), and prescribes in its paragraph (g) that: In the event of a failure to achieve a conciliation, the administrative decision or disciplinary action may be the subject of an Application to the United Nations Administrative Tribunal, in accordance with the Statute of that Administrative Tribunal and under the conditions agreed between the International Tribunal for the Law of the Sea and the United Nations. The Statute of the United Nations Administrative Tribunal has been modified by the General Assembly of the United Nations. By its resolution 52/166 of 15 December 1997, the General Assembly approved the addition, to Article 13 of this Statute, of a paragraph 4 reading as follows: The competence of the Tribunal may also be extended, with the approval of the General Assembly, to any other international organization or entity established by a treaty and participating in the common system of conditions of service, upon the terms set out in a special agreement between the organization or entity concerned and the Secretary-General of the United Nations. Each such special agreement shall provide that the organization or entity concerned shall be bound by the judgements of the Tribunal and be responsible for the payment of any compensation awarded by the Tribunal in

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