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

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Sub-Appendix (b).
Reply of the Secretary-General to M. Painleve.
Geneva, February 26th, 1931.
I have the honour to acknowledge receipt of your letter of February 3rd concerning the possibility
of submitting to the Administrative Tribunal of the League of Nations disputes relating to decisions taken
by the International Institute of Intellectual Co-operation in regard to its staff.
You point out that the consent of the Secretary-General of the League of Nations would be necessary
for this purpose, and you were good enough to refer the matter to me in the above-mentioned communica¬
tion.
As the Administrative Tribunal, under its Statute, can only deal with disputes affecting the staff of
the League of Nations (Secretariat, International Labour Office and, in regard to pensions, the Registry
of the Permanent Court of International Justice), the competence to be assigned to it in this case would
have an arbitral character. The League would not be in any way responsible (nor would it incur any
expenses) in respect of such competence, which would be exercised on the responsibility of the Institute
and that of the members of the Tribunal. The members of the Tribunal would, therefore, have to give
their individual consent to fhe mandate, which they would thus hold exclusively from the Institute. If
1 am correctly expressing your views, the special features of the proposed solution would also be submitted
to the judges of the Administrative Tribunal in the communication, the text of which was annexed to your
above-mentioned letter.
Under these circumstances, and subject to the consent of the judges in so far as they are concerned,
I can inform you that I shall be very glad to authorise the official of the Secretariat acting as Registrar
of the Administrative Tribunal, and also its executive services, to give their assistance to the members
of the Tribunal when acting in the proposed capacity in pursuance of the following provision, which you
submit to me.1
I am particularly anxious, however, that the beginning of the third paragraph of this provision should
be modified, in accordance with the actual position, to read as follows : “ . . . shall have the right to
submit to the Administrative Tribunal of the League of Nations for settlement by arbitration . . . ”
(instead of “ . . . shall have the right to submit to the Administrative Tribunal of the League of
Nations . . . ”).
(Signed) Eric Drummond,
Secretary- General.
Sub-Appendix (c).
M. Painleves’ further Reply to the Secretary-General.
Paris, March 6th, 1931.
In a letter dated February 26th, you informed me that you agree, so far as the Secretariat of the
League of Nations is concerned, to any disputes that arise between the International Institute of Intellec¬
tual Co-operation and its staff being submitted to the jurisdiction of the Administrative Tribunal of the
League of Nations under a special article of the Staff Regulations of the said Institute.
You also expressed to me the desire that an addition should be made to the draft Article 36 communi¬
cated to you, indicating that the intervention of the Administrative Tribunal in the disputes in question
would have an arbitral character.
I have the honour to inform you that I shall communicate your reply to the Directors’ Committee
at the forthcoming session, which will open on April 13th at Paris. Should this Committee accept the for¬
mula proposed by the Committee of Jurists, with the modification suggested by you, I shall forward to the
individual members of the Administrative Tribunal the communication, the text of which is contained in
my letter of February 3rd last.
I am certain that I am expressing the views of my colleagues in now thanking you for the sympathetic
spirit in which you have examined the request I was instructed to transmit to you, and for the very valu¬
able facilities which the Secretariat is prepared to afford our Institute with a view to dealing with its
disputes.
(Signed) Paul Painleve,
Chairman of the Governing Body.
Sub-Appendix (d).
Letter from M. Painleve to the Members of the Administrative Tribunal.
International Institute of Intellectual Co-operation,
Paris, 2, rue de Montpensier,
May 8th, 1931.
The Governing Body of the International Institute of Intellectual Co-operation will be called upon
in a few months’ time to give its final approval to the new Staff Regulations of the Institute. It will
accordingly examine the attached draft, which has been drawn up in concert with the Directors’ Committee
of the Institute.
1 See page 20, First text, Article 36.