2026-UNAT-1620, Margaret Mary Fogarty
The UNAT found that the neutral first instance process established by the IMO, i.e., the SAB, was properly constituted and met the requirements of Article 2(10) of the UNAT Statute. The UNAT rejected the argument that the SAB lacked neutrality. The UNAT also found that the SAB produced a sufficient written record of its Decision.
The UNAT found that the SAB acted within the bounds of its jurisdiction and competence when it reviewed the decision of the Secretary-General on the recommendation of the ABCC. The SAB had close regard to the fact that the ABCC reached its determination on the medical...