Wednesday, December 1, 2010

clearly goes beyond that of respecting the natural meaning of words in context. Decisions of non-judicial organs The decisions of deliberative, legislative and executive organs of organi- zations83 may have to be interpreted either by the organs them

peacekeeping may fall into this category. The By-Laws of the IBRD are another example of such decisions. In 1982 a resolution of the GA relating to the UN Council for Namibia was the subject of interpretation before an organ of the UN. The Legal Counsel of the UN gave an opinion which was followed in which he advised that, because the resolution conferred a representative func- tion on the Council, it had the power to conclude contracts on behalf of Namibia.84 A special example of such decisions is the legislation relating to employment of staff members of international organizations which may international law firm to be interpreted most frequently by international administra- tive tribunals.85 In the interpretation of the decisions of organs which are clearly of a delegated nature (excepting, for the moment, legislation relating to employment relations) the principles of interpretation used are gener- ally similar to those used in the interpretation of constitutional texts, though there may be a change in emphasis and priorities. Consequently, it is sufficient to point out the general approach and more special factors. 83 On these acts and also on their interpretation see, e.g., Bos, ‘The Interpretation of Decisions of International Organizations’, 28 NILR (1981) pp. 1--14; Skubiszewski, ‘Enactment of dispute resolution by International Organizations’, 41 BYIL (1965--66) pp. 188--274. 84 See the opinion of the Legal Counsel of the UN of 14 April 1982: 1982 UNJY pp. 164--5. 85 This subject will be discussed below in Chapter 9. 62 i n t e r p r e t a t i o n o f t e x t s Wherever possible the rule of the ordinary and natural meaning in context is applied. In connection with the interpretation of Resolution 1 (XX) of the Commission on Narcotic Drugs of 1965, which involved voting by correspondence in the Commission on Narcotic Drugs, the textual meaning was adopted.86 In the interpretation of paragraph 5 of SC Resolution 253 of 1968, the natural and ordinary meaning was given, in concluding that holders of Southern Rhodesian passports could not be admitted to the territory of member states of the UN.87 There international law firm been occasions on which the textual meaning has been adopted, while support for that meaning has been sought in practice or in the travaux préparatoires, probably ex abundanti cautela. In considering Rule 27 of the GA Rules of Procedure relating to the issuance of credentials of members of the GA, the question that arose was what was the status of credentials issued by permanent representatives. The interpretation adopted was based on the textual meaning but support was also sought from the practice of the GA.88 In 1982 a question arose as to the binding nature of the four criteria for the assessment of contributions reflected in paragraph 4(a) to 4(d) of GA Resolution 36/231 of 1981. The conclusion reached that the criteria were binding was based on the textual meaning for which support was found in the preparatory work.89 Practice has also been used in the interpretation of decisions of organs. In the interpretation of Rules 13 and 15 of the Rules of Procedure of the SC relating to the accreditation of representatives of members the practice of the SC in dealing with the problem was heavily relied on by the Legal Counsel of the UN in arriving at a conclusion which was adopted by the SC.90 Similarly in the interpretation of Resolution 221(X) 86 1972 UNJY p. 171, where the opinion of the UN Legal Counsel takes this view. 87 1977 UNJY p. 192, opinion of the UN Legal Counsel.

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