Lecture de l'avis consultatif - Audience publique tenue au Palais de la Paix le 20 juillet 1982, sous la présidence de M. Elias, Président

READINGOFTHEADVISORYOPINION

PUBLIC SITTING

heldar the PeacePalace on 1973,ily
the President.JudgeLachs presiding Presenr: President LACUS; Judges FORSTERG , ROS,BENGZON,ONYEAMA,
Monozov, JIMBNE DZEARÉCHAGA Si,rHumphrey WALDOCK N,AOENDRS AINOH,
RUDA; RegistrarAQUARONE.

READING OF THE ADVISORY OPINION

The PRESIDENT: The Court meets today to deliver at a public sitting, in
accordance with Article 67 of its Statute. its Advisorv Ooinion on thAoolica-
rion/or Revirw a/Judgrmenr No. 158o/rhe United ~a;ion; ~dniinisiralii.e'~r~hu-
nul which wa\ rcqussicd of iton 3July 1972by the Commiitcc on Applications
for Review of Administrative Tribunal Judgements
&fore 1proceed to read out the ~dvisor;~~inion. it is mysîd duty to record
the death of Prcsident Hackivorih. rr~hoscdepartureaddsa disiinguished namc to
the lenethenine roll ofhose who served uDonthis Bench and are now no more.
~recn Il. ~ackuorth uas a hlembçr oithir Court from 1946Io 1961,and iis
Prcsidcnt from 1955 to 195s. He came to The Hague after a long and distin-
euished career as a mernber of the Bar of the Suoreme Court of the United

ilaies and 21 year, as Legal Adviscr to the ~c~arimcnt of Siate. In thc Iaitcr
capacity he took an active part in many international lau,-making conferences,
noiably those ivhich Ied to the csiablishmcnt of the United Nations. He chaircd
the Unitcd Nations Commitice of Jurists. compnsed of44 Statcs, which mci ai
Washington in 1945to prcpîre the draft of the Stdtuie ofthis Court.
Tuo vears beforc his clection to the Court he com~lctcd a uork of eiaht
volumes, which has made his name a household word to every international
jurist. There can be fewamong them who, in matters ofjurisprudence, have not
made cooious use of his Dipest ofInternariona1 Law.which isa treasure-house of
precedents and decisions inall &anches of international law.
He served with great distinction on this Court for 15 years, and in several

individual opinions shed a most interesting light on the decisions in which he
look part.
In honouring his memory today we can say with pride that Green H. Hack-
worth served well the cause ofjustice and law in relations among States. I invite
you io honour his meniory by a minute ofsilcnce.
1now rciurn to the matier u,ith u,hish we arc conccrncd this morning. and.
with regard to the comoosiiion of the Court. I wish to announcc that Judge
Petrkn and Judge 1gnaCio-~into did not sit in these proceedings, having in-
formed President Sir Muhammad Zafrulla Khan in accordance with Article 24,
paragraph 1, of the Statute that, having contributed to the formation of the
iurisorudence of th~ ~nit~- Nations Administrative Tribunal which had been
.~ . ~- ~ ~
cited in the advisory pr~ceedin~s~pending before the Court, they considered
that they should not take part in thedecision in those proceedings. President
Sir Muhammad Zafrulla Khan indicated that there was within the meaninr! of
Article 24, paragraph3, of the Statute, no disagreement between them and cm,
and that it was therefore in order for them not to sit.
For reasons of health, Vice-President Ammoun and Judge Dillard and, for
family reasons, Judge de Castro are unfortunately unable to take part in the
present sitting. All three ofthem, however, look part in thedeliberations and the
final vote.180 APPLICATION FOR REVIEW

Vice-President'~mmoun and Judge de Castro were present when the Court
procezded to the vote.
Judee Dillard. however. was unable to leave the hos~itai where he was under

treaiient and. ;n accordÜnceu,iih Article 9,paragmih (ii). of the Resolution
concerning its Internal Judicial Practice. u,as suihorizcd by the Co~rt to som-
municate his vote in writing.
1will now read out the Advisory Opinion in English.
[The President reads paragraphs 10to 101of the Opinion'.]
1cal1upon the Registrar to read the operative part ofthe Advisory Opinion in
French.
[TheRegistrar readsthe operative part of the Advisory Opinion in French'.]
1myself append a declaration to the Advisory Opinion. Judges Forster and
Nagendra Singh append a joint declaration. Judges Onyeama, Dillard and
Jimbnez de Aréchagaappend separate opinions to the Advisory Opinion. The
Vice-President, Judges Gros, de Castro and Morozov append dissenting opin-
ions to the Advisory Opinion.

Thesifring isclosed.

(Signed) M. LACHS,
President.

(Signedl S. AQUARONE,
Registrar.

'I.C.J.Reports 1973, pp. 168-213.
'I.C.J.Reports 1973, p. 213.