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Article 11.3

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The Secretary-General of IMO is essentially seeking comments on the UNAT judgment under the guise of an application for interpretation, something UNAT expressly proscribed in Kasmani. The UNAT’s Fogarty Judgment clearly and unambiguously explicates the nature of the difficulty in a manner that requires no further interpretation. There is no ambiguity, uncertainty or irreconcilable conflict on the question remanded or the reasons for the remand or in the comments in paragraph 25 of the Fogarty Judgment that justifies an application for interpretation. While the applications for...