2021-UNAT-1148

2021-UNAT-1148, Secretary-General of IMO

UNAT Held or UNDT Pronouncements

The Secretary-General of IMO is essentially seeking comments on the UNAT judgment under the guise of an application for interpretation, something UNAT expressly proscribed in Kasmani. The UNAT’s Fogarty Judgment clearly and unambiguously explicates the nature of the difficulty in a manner that requires no further interpretation. There is no ambiguity, uncertainty or irreconcilable conflict on the question remanded or the reasons for the remand or in the comments in paragraph 25 of the Fogarty Judgment that justifies an application for interpretation. While the applications for interpretation may be misplaced, they do not constitute a manifest abuse. In the circumstances, an award of costs is not justifiable.

Decision Contested or Judgment/Order Appealed

2021-UNAT-1148, in which UNAT rejected applications for interpretation of its judgments remanding the cases to SAB of IMO to comply with jurisdictional requirements.

Legal Principle(s)

Interpretation is only needed to clarify the meaning of a judgment. But if the judgment is comprehensible, whatever the opinion the parties may have about it or its meaning, an application for interpretation is not admissible. An application for interpretation is not receivable if its actual purpose is to contest a final judgment or to obtain comments on that judgment. The Judgments in Spinardi et al and Fogarty do not set aside any of IMO’s staff rules or rule on their legality; nor do they order the SAB of IMO to assume a power that it otherwise did not have. The UNAT’s direction to the SAB of IMO to do what is legally necessary to comply with the jurisdictional requirements conferred no rights or additional powers on the SAB or the Secretary-General of IMO.

Outcome

Revision, correction, interpretation or execution

Outcome Extra Text

Applications for interpretation not admissible and dismissed

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/Appellants

Secretary-General of IMO

Entity

Case Number(s)

Tribunal

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