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Legal Committee of the General Conference
The Office of International Standards and Legal Affairs serves as the Secretariat of the Legal Committee of the General Conference at each of its sessions.
Composition - Functions - Interpretation of the Constitution
Composition (Rule 36 of the Rules of Procedure of the General Conference)
The Legal Committee shall consist of twenty-four members* elected by the Conference at its preceding session on the recommendation of the Nominations Committee. It shall elect its own Chairperson.
The Committee established for a session of the General Conference shall meet whenever necessary before the opening of the next ordinary session of the Conference if convened by the President of the latter acting on his own initiative or at the request of the Executive Board.
At the 36th session of the General Conference, it will be composed of the following 21 members** elected at the 35th session :
Argentina
Azerbaijan
Chile
Costa Rica
Estonia
France
Guatemala
Hungary
India
Italy
Japan
Kenya
Mauritania
New Zealand
Nigeria
Oman
Sudan
Thailand
Tunisia
United States of America
Venezuela (Bolivarian Republic of)
At its 36th session, the General Conference elected the following 17 Member States *** to be members of the Legal Committee from the beginning of the 37th session until the beginning of the 38th session of the General Conference: Afghanistan, Algeria, Bahrain, Costa Rica, France, Guatemala, Israel, Italy, Kazakhstan, Kenya, Madagascar, Nicaragua, Republic of Korea, Sudan, Thailand, United States of America and Yemen.
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* At its 32nd session (2003), the General Conference decided to increase the number of the members of the Legal Committee to 24 (Resolution 32 C/78) as of the election to take place at its 33rd session.
** At the 35th session of the General Conference, Group I presented three candidates for the five vacant seats. The remaining two vacant seats will be open for election at the 36th session of the General Conference. Group V(a) presented two candidates for the three vacant seats. The remaining vacant seat will be open for election at the 36th session of the General Conference.
*** At the 36th session of the General Conference, Group I presented only four candidates for the five vacant seats; Group II did not present any candidates for the three vacant seats; Group III presented three candidates for the five vacant seats; and Group V(a) presented only two candidates for the three vacant seats. Consequently, the 36th session of the General Conference elected only 17 members to the Legal Committee for the 37th session of the General Conference.
Functions (Rule 37 of the Rules of Procedure of the General Conference)
The Legal Committee shall consider:
(a) proposals for the amendment of the Constitution and of the present rules;
(b) agenda items referred to it by the General Conference;
(c) appeals submitted by sponsors of draft resolutions to the General Conference that have been considered inadmissible by the Director-General under Rule 80;
(d) legal questions submitted to it by the General Conference or any of its organs.
The Committee shall also consider the reports on conventions and recommendations transmitted to it by the General Conference.
The Committee shall submit its reports either directly to the General Conference or to the referring organ or the organ which has been designated by the General Conference.
Interpretation of the Constitution (Rule 38 of the Rules of Procedure of the General Conference)
The Legal Committee may be consulted on any question concerning the interpretation of the Constitution and of the rules and regulations.
Its opinion shall be adopted by a two-thirds majority of members present and voting.
It may decide by a simple majority to recommend to the General Conference that any question concerning the interpretation of the Constitution be referred to the International Court of Justice for an advisory opinion.
In cases where the Organization is party to a dispute, the Legal Committee may decide, by a simple majority, to recommend to the General Conference that the case be submitted for final decision to an Arbitral Tribunal, arrangements for which shall be made by the Executive Board. |
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