Dispute Settlement (Article IX Sections 31–32 Specialized Agencies Convention)

Abstract This chapter discusses Article IX Sections 31–32 of the Specialized Agencies Convention. The language of Art. IX Section 31 is identical to that of the parallel provision found in Art. VIII Section 29 General Convention with only two necessary modifications: firstly, Art. IX Section 31 identifies the Specialized Agencies or any official thereof as the potential parties to the dispute; and, secondly, it refers to Art. VI Section 22 Specialized Agencies Convention which stipulates the right and the duty of each Specialized Agency to waive its or its official's immunity in any case where, in its opinion, the immunity would impede the course of justice. Art. IX Section 32 is composed of two distinct dispute settlement clauses: the first sentence is a compromissory clause by which the States parties to the Specialized Agencies Convention accept the jurisdiction of the ICJ in the case of contentious inter-State disputes. The second in conjunction with the third sentence is a ‘decisive advisory opinion clause’ that concerns disputes between a Specialized Agency and a Member.