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Article XI

  • Article XI
  • Rule 101.2
  • Rule 106.1
  • Rule 11.1
  • Rule 110.1
  • Rule 110.3
  • Rule 111.1(a)
  • Rule 111.1(b)
  • Rule 111.1(gg)
  • Rule 111.1(hh)
  • Rule 111.1(ii)
  • Rule 111.1(jj)
  • Rule 111.2(a)
    • Showing 1 - 1 of 1
    2021-UNAT-1117, Margaret Mary Fogarty

    UNAT held that while the SAB may satisfy the requirements of a neutral first instance process, its decision is only advisory or recommendatory. UNAT held that the facts did not disclose whether the Secretary-General of IMO had the power to amend the powers of the SAB retrospectively to permit the SAB to make a decision rather than a recommendation or, more pertinently, by subsequent fiat, to convert a recommendation of SAB into a decision. UNAT held that the source of the Secretary-General’s power to introduce interim measures was not clear and that there may be other constraints upon his...