International > Report of the Governing body of the International Institute of Intellectual Co-operation > 1931

i9 —
whether the decision taken by the Governing Body is, from the legal point of view, contrary
to the terms of his appointment. Should he avail himself of this right, he shall advise the
Governing Body thereof by registered letter ; the Chairman of the Governing Body shal
represent the Institute before the Administrative Tribunal. This Tribunal, acting m an arbitral
capacity, shall not be bound by any legislation and shall lay down its own procedure. Its
decision shall be final and bind the official and the Institute.
The allowances and the travelling expenses, if any, of the members of the Administrative
Tribunal when acting in accordance with the present article shall be borne by the Institute.
The latter shall refund to the Secretariat of the League of Nations any other expenses resulting
from the operation of the Administrative Tribunal in cases affecting e ns J ^ e> . .
The Institute shall conclude with the League of Nations and the members of the Adminis¬
trative Tribunal agreements to allow of the application of the present article.
Miscellaneous Provisions.
Article 37.
Exceptions may always be made to the provisions of the present Regulations in virtue
of special clauses inserted for that express purpose in the engagement contract.
Article 38.
The present Regulations and the annexes thereto may at any time be amended by the
Governing Body in all cases, without prejudice to the acquired rights of the officials.
Final Article.
The present Regulations shall come into force on July 1st, 1931 and shall
supersede the Regulations in force prior to that date.
Current engagement contracts shall continue to run unless by common agreement they
have been replaced by fresh engagement contracts.
Sub-Appendix (a).
Letter to the Secretary-General of the League of Nations from M. PainlevL, Chairman of
the Governing Body, concerning the Settlement of Disputes relating to Decisions taken
by the Institute in regard to its Officials.
International Institute of Intellectual Co-operation,
Paris, February 3rd, I931-
I have the honour to transmit to you herewith the report forwarded to me by M. Pilotti, M. Weiss
and M. Nisot, who were instructed by the Directors’ Committee of the International Institute of Intellectual
Co-operation, at its meeting in January 193L to consider certain legal points concerning the new Regula¬
tions for the staff of the Institute.
This report, which deals with the question of the settlement of disputes relating to decisions taken
by the Institute in regard to its staff, contemplates, in particular, the possibility of submitting these deci¬
sions to the Administrative Tribunal of the League of Nations.
You will observe that the report in question contains, not only the text of an article with a view to
this solution, but also a draft letter 1 to the members of the Administrative Tribunal, which defines the
special features of that arrangement.
As the proposed article cannot come into force without the consent of the Secretary-General of the
League of Nations, I venture to refer the matter to you herewith, so that I may be in a position to inform
the Directors’ Committee of the Institute, which will have to decide next April.
(Signed) Paul Painlev£,
Chairman of the Governing Body.
Report forwarded to the Chairman of the Governing Body of the International Institute
of Intellectual Co-operation by M. Pilotti, M. Weiss and M. Nisot concerning the Settlement
of Disputes relating to the Decisions taken by the Institute in regard to its Officials.
At its session in January 1931, the Directors’ Committee of the International Institute of Intellectual
Co-operation instructed the undersigned to draw up provisions to be included in the new Staff Regulations
of the Institute for the settlement of disputes relating to the decisions taken by the Institute in regard
to its officials. , .
For this purpose, several possibilities may be considered. These are indicated in the following drafts
for an article. In each of these proposals, provision is made, in the first place, for the said decisions being
1 Note by the Secretariat. — For the final text of this letter see Sub-Appendix (d).