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Constitutional Documents
(b) by any international authority responsible for the administration of any territory, in virtue of the Charter of the United Nations or otherwise, in respect of any such territory.
6. Acceptance of the obligations of a Convention in virtue of para- graph 4 or paragraph 5 shall involve the acceptance on behalf of the terri- tory concerned of the obligations stipulated by the terms of the Convention and the obligations under the Constitution of the Organization which apply to ratified Conventions. A declaration of acceptance may specify such modification of the provisions of the Conventions as may be necessary to adapt the Convention to local conditions.
7. Each Member or international authority which has communicated a declaration in virtue of paragraph 4 or paragraph 5 of this article may from time to time, in accordance with the terms of the Convention, com- municate a further declaration modifying the terms of any former decla- ration modifying the terms of any former declaration or terminating the acceptance of the obligations of the Convention on behalf of the territory concerned.
8. If the obligations of a Convention are not accepted on behalf of a territory to which paragraph 4 or paragraph 5 of this article relates, the Member or Members or international authority concerned shall report to the Director-General of the International Labor Office the position of the law and practice of that territory in regard to the matters dealt with in the Convention and the report shall show the extent to which effect has been given, or is proposed to be given, to any of the provisions of the Convention by legislation, administrative action, collective agreement or otherwise and shall state the difficulties which prevent or delay the acceptance of such Convention.
Art. 36. Amendments to this Constitution which are adopted by the Conference by a majority of two thirds of the votes cast by the delegates present shall take effect when ratified or accepted by two thirds of the Members of the Organization including five of the ten Members which are represented on the Governing Body as Members of chief industrial import- ance in accordance with the provisions of paragraph 3 of Article 7 of this Constitution.
Art. 37. 1. Any question or dispute relating to the interpretation of this Constitution or of any subsequent Convention concluded by the Mem- bers in pursuance of the provisions of this Constitution shall be referred for decision to the International Court of Justice.
2. Notwithstanding the provisions of paragraph 1 of this article the Governing Body may make and submit to the Conference for approval rules providing for the appointment of a tribunal for the expeditious deter- mination of any dispute or question relating to the interpretation of a Convention which may be referred thereto by the Governing Body or in accordance with the terms of the Convention. Any applicable judgment or adviso
pinion of the International Court of Justice shall be binding upon a tribunal established in virtue of this pragraph. Any award made by such a tribunal shall be circulated to the Members of the Organization and any observations which they may make thereon shall be brought be- fore the Conference.
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Art. 38. 1. The International Labor Organization may convene such regional conferences and establish such regional agencies as may be de- sirable to promote the aims and purposes of the Organization.
2. The powers, functions and procedure of regional conferences shall be governed by rules drawn up by the Governing Body and submitted to the General Conference for confirmation.
Chapter IV. Miscellaneous Provisions
Art. 39. The International Labor Organization shall possess full ju ridical personality and in particular the capacity:
(a) to contract;
(b) to acquire and dispose of immovable and movable property; (c) to institute legal proceedings.
Art. 40. 1. The International Labor Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfilment of its purposes.
2. Delegates to the Conference, members of the Governing Body and the Director-General and officials of the Office shall likewise enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organisation.
3. Such privileges and immunities shall be defined in a separate agree- ment to be prepared by the Organization with a view to its acceptance by the States Members.
ANNEX
DECLARATION CONCERNING THE AIMS AND PURPOSES OF THE INTERNATIONAL LABOR ORGANIZATION
The General Conference of the International Labor Organization, meeting in its Twenty-sixth Session in Philadelphia, hereby adopts, this tenth day of May in the year nineteen hundred and forty-four, the present Declaration of the aims and purposes of the International Labor Organ- ization and of the principles which should inspire the policy of its Members.
I
The Conference reaffirms the fundamental principles on which the Organization is based and, in particular, that:
(a) labor is not a commodity;
(b) freedom of expression and of association are essential to sustained progress;
(c) poverty anywhere constitutes a danger to prosperity everywhere; (d) the war against want requires to be carried on with unrelenting vigour within each nation, and by continuous and concerted international effort in which the representatives of workers and employers, enjoying equal status with those of governments, join with them in free discussion