CORRESPONDENCE
CORRESPONDANCE 247
1. THE REGISTRAR TO THE SECRETARY-GENERAL OF THE UNITED NATIONS
l l September 1984.
I have the honour to acknowledge receipt of the letter of 28 August 1984
whereby Your Excellency informed the President of the Court that the Commit
tee on Applications for Review of Administrative Tribunal Judgements had on
23 August 1984 decided to request of the International Court of Justice an
advisory opinion on an application for the review of Judgement No. 333 of the
United Nations Administrative Tribunal, and to inform you that your letter,
with which you transmitted certified copies of the English and French texts of
the Committee's decision, was duly filed in the Registry on the date of its
receipt, namely lO September 1984.
In accordance with Article 66, paragraph l, of the Statute of the Court, I shall
be notifying ail States entitled to appear before the Court of the request for an
advisory opinion. I shall shortly transmit to you a copy of the printed Request,
containing the text of your letter in English and French, as transmitted to those
States.
1have taken note that in accordance with Article 65, paragraph 2, of the
Statute of the Court you will be transmitting to the Court an documents likely
to throw light upon the question. I have further taken note that, in accordance
with Article 11, paragraph 2, of the Statute of the United Nations Adminis
trative Tribunal, you will be arranging for the transmissionto the Court of such
views as the person in respect of whom Judgement No. 333 was rendered may
wish to submit.
(Signed) Santiago TORRES BERNÀRDEZ.
2. THE DEPUTY-REGISTRAR TO THE SECRETARY-GENERAL OF THE
UNITED NATIONS
28 September 1984.
I have the honour to refer to your letter of 28 August 1984, by which you were
good enough to communicate to the Court a decision taken on 23 August 1984
by the Committee on Applications for Review of Administrative Tribunal
Judgements concerning a request for advisory opinion. Today, in accordance
with Article 66, paragraph l, of the Statute of the Court, l have notified all
States entitled to appear before the Court of the request for an advisory opin
ion. I am enclosing herewith, for your information, a copy of the printed
Request, containing the text of your letter in English and French, as transmitted
to those States.
In connection with this Request, I have the honour to draw your attention to
Article 66, paragraph 2, of the Statute of the Court, which provides:
"The Registrar shall also, by means of a special and direct communica
tion, notify any State entitled to appear before the Court or international
organization considered by the Court, or, should it not be sitting, by the
President, as likely to be able to furnish information on the question, that
the Court will be prepared to receive, within a time-limit to be fixed by the248 APPLICATION FOR REVIEW
President, written statements, or to hear, at a public sitting to be held for
the purpose, oral statements reiating to the question."
ln pursuance of this provision, I have the honour to inform you by this special
and direct communication that in the present case the United Nations and its
member States have been considered by the President of the Court as likely to
be able to furnish information on the question, and that, by an order dated 13
September 1984, a copy of which is also enclosed, the President bas fixed 14
December 1984 as the time-limit for the submission of written statements. The
subsequent procedure bas been reserved for further decision.
Iam further to inform you that the President considers that it would facilitate
the work of the Court on this request for advisory opinion if, as in previous
cases, any written statement presented on behalf of the United Nations, and any
other documentation, were made available to the Court in both the official
languages of the Court (English and French).
(Signed) Eduardo V ALENCIA-ÜSPINA.
3. LE GREFFIER ADJOINT AU MINISTRE DES A1FAIRES ÉTRANGÈRES
o'AFGHANISTAN
28 septembre 1984.
J'ai l'honneur, en exécutionde l'article 66, paragraphe 1,du Statut de la Cour
internationale de Justice, de faire tenir cHoint à Votre Excellence un exem
plaire, imprimépar lessoins du Greffe, de la requêtepour avis consultatif trans
mise à la Cour par le Secrétairegénéralde l'Organisation des Nations Unies en
vertu d'une décisiondu Comitédes demandes de réformation de jugements du
Tribunal administratif en date du 23 août 1984.
4. LE GREFFIER ADJOINT AU MINISTRE DES A1FAIRES ÉTRANGÈRES
D'AFGHANISTAN
28 septembre 1984.
Il est connu de Votre Excellence que,le 23août 1984, le Comitédes demandes
de réformation de jugements du Tribunal administratif des Nations Unies a pris
la décision suivante:
«Le Comité des demandes de réformation de jugements du Tribunal
administratif, à la 4cséancede sa vingt-quatrième session, tenue le 23 août
1984, a décidéque la demande de réformation du jugement n° 333 du Tri
bunal administratif rendu à Genève le 8 juin 1984 repose sur des bases
sérieusesau sens de l'article 11 du statut du Tribunal.
En conséquence, le Comité des demandes de réformation de jugements
du Tribunal administratif prie la Cour internationale de Justice de donner
un avis consultatif sur les questions suivantes:
1Une communication analogue a étéadresséeaux autres Etats admis à ester devant
la Cour. CORRESPONDENCE 249
« 1) Dans son jugement n° 333, du 8 juin 1984 (AT/DEC/333), le Tri
bunal administratif des Nations Unies a-t-il manqué d'exercer sa juridic
tion en ne répondant pas à la question de savoir s'il existait un obstacle
juridique au renouvellement de l'engagement du requérant à l'Organi
sation des Nations Unies après la venue à expiration de son contrat le
26 décembre 1983?
2) Le Tribunal administratif des Nations Unies, dans le mêmejuge
ment n° 333, a-t-il commis une erreur de droit concernant les disposi
tions de la Charte des Nations Unies?»
Le texte de cette décisionest parvenu au Greffe de la Cour le 10 septembre
1984. Sous le couvert d'une lettre en date d'aujourd'hui une édition imprimée
en a étécommuniquée à Votre Excellence en exécution de l'article 66, para
graphe 1, du Statut de la Cour.
Le paragraphe 2 du mêmearticle du Statut prévoit:
« àtout Etat admis à ester devant la Cour eà toute organisation internatio
nale jugés,par la Cour ou par le Président si elle ne siègepas, susceptibles
de fournir des renseignements sur la question, le Greffier fait connaître,
par communication spécialeet directe, que la Cour est disposéeà recevoir
des exposésécritsdans un délai à fixer par le Président, oà entendre des
exposésoraux au cours d'une audience publique tenue à cet effet».
Appliquant cette disposition, j'ai l'honneur de faire connaîtrà Votre Excel
lence, par la présente communication spécialeet directe, qu'en l'espèceet à ce
jour l'Organisation des Nations Unies et ses Etats Membres ont étéjugéspar
le Président susceptibles de fournir des renseignements sur la question et que,
par ordonnance datée du 13 septembre 1984, dont un exemplaire est joint, le
Président a fixéau 14décembre 1984 la date d'expiration du délaipour la pré
sentation d'exposésécrits. La suite de la procédure est réservée.
Au cas où votre gouvernement désirerait se prévaloir de la facultéqui lui est
ouverte de présenterun exposéécritdans le délaiainsi fixé,j'attacherais du prix
à en êtreinformé aussitôt que possible. J'ajoute que l'exposédevrait êtrerédigé
soit en français soit en anglais, langues officielles de la Cour (article 39, para
graphe 1, du Statut).
5. THE SECRETARY OF THE COMMITTEE ON APPLICATIONS FOR REVIEW OF
ADMINISTRATIVE TRIBUNAL JUDGEMENTS TO THE REGIST:RAR
8 October 1984.
Further to my letter of 4 September 1984, I am sending you herewith three
copies (in English, French and Spanish) of the report of the Committee on
Applications for Review of Administrative Tribunal Judgements (A/ AC.86/30)
reflecting its deliberations at the twenty-fourth session and decisions on the
applications submitted by Mr. Yakimetz, Mr. Large and Mr. Fischman.
I am also attaching three copies of the verbatim record of the 5th meeting of
the Committee at which in accordance with paragraph 4 of Article VII of the
rules of procedure, the decision of the Committee on the application of Mr.
Yakimetz was formally announced and members of the Committee made state
ments for the record. This verbatim record is provided only in English and in
French as required by paragraph 2 of Article XI of the Committee's rules of
procedure.
(Signed) Vladimir GOLITSYN.250 APPLICATION FOR REVIEW
6. THE REGISTRAR TO THE SECRETARY OF THE COMMITTEE FOR REVIEW OF
ADMINISTRATIVE TRIBUNAL JUDGEMENTS
18 October 1984.
Thank you for your letter of 8 October 1984 enclosing copies of the Report
of the Committee on Applications for Review of Administrative Tribunal
Judgements (A/ AC.86/30) reflecting its deliberations at the twenty-fourth ses
sion and decisions on the applications submitted by Mr. Yakimetz, Mr. Large
and Mr. Fischman.
Thank you also for the copies of the verbatim record of the 5th meeting of
the Committee at which the decision on the application of Mr. Yakimetz was
formally announced.
7. THE LEGAL ADYISER OF THE UNITED STATES DEPARTMENT OF STATE TO THE
DEPUTY-REGISTRAR
21 November 1984.
I have the honor to refer to your letter of 28 September 1984addressed to the
Secretary of State of the United States of America. ln that letter you inform the
United States, pursuant to Article 66, paragraph 2, of the Statute of the Court,
that the United Nations and its member States have been considered by the
President of the Court as likely to be able to furnish information to the Court
on questions raised in the request of 23 August 1984 from the United Nations
Committee on Applications for Review of Administrative Judgements for an
advisory opinion concerning Administrative Tribunal Judgement No. 333,
which was delivered at Geneva on 8 June 1984.
I have the honor to advise the Court that the United States intends to avail
itselfof the right to present a written staternent to the Court in this case.
I have been informed that the United Nations has requested that the time
limit fixed by the President be extended. The United States would also find an
extension of the time-limit convenient, and hopes that the President will rule
favorably on the request of the United Nations.
(Signed) Davis R. ROBINSON.
8. THE LEGAL COUNSEL OF THE UNITED NATIONS TO THE REGISTRAR
26 November 1984.
I have the honour to refer to the Order of 13 September 1984 in respect of
the Application for Review of Judgement No. 333 of the United Nations
Administrative Tribunal, which Order fixes 14December 1984as the time-limit
within which written statements may be submitted to the Court in accordance
with Article 66, paragraph 2, of the Statute of the Court.
On behalf of the Secretary-General I would like to seek an extension of time
until28 February 1985 in which to file the Written Statement on behalf of the
United Nations. The reason for this request, which is regretted, is that pressure
of business during the current session of the Generaf Assernbfy has made it
impossible to complete the Written Statement by the date fixed. CORRESPONDENCE 251
l also wish to advise that we expect that the dossier of documents to be sub
mitted pursuant to Article 65, paragraph 2, of the Statute and Article 104of the
Rules of Court willbe available by 14 December 1984.
Counsel for Mr. Yakimetz is being informed of this request.
(Signed) Carl-August FLEISCHHAUER.
9. THE REGISTRAR TO THE LEGAL COUNSEL OF THE UNITED NATIONS
(te/ex)
30 November !984.
With reference to your letter of 26 November 1984, transmitted by facsimile,
concerning the time-limit for the submission of written statements in the case
concerning the Application for Review of Judgement No. 333 of the, United
Nations Administrative Tribunal, l have the honour to inform you that by
Order dated 30 November 1984 the President of the Court has extended that
time-limit to 28 February 1985. Member States are being advised forthwith by
letter.
10. THE REGISTRAR 'îO THE LEGAL ADVlSER OF THE UNITED STATES DEPARTMENT
OF STATE
30 November 1984.
I have the honour to acknowledge receipt of the letter dated 21 November
1984, addressed to the Deputy-Registrar, by which you were so good as to
inform the Court that the United States intends to avait itself of the right to
present a written statement to the Court in the proceedings on the request for
an advisory opinion concerning an Application for Review of Judgement No.
333 of the United Nations Administrative Tribunal.
Having noted, further, that your Government would find convenient an
extension of the time-limit for the filing of such a statement, I wish to advise
you that the President of the Court has today made an Order whereby, follow
ing a request made on behalf of the Secretary-General of the United Nations,
the time-limit has been extended to 28 February 1985. A copy of the Order will
be despatched to you in due course.
11. LE GREFFIER AU MINISTRE DES AFFAIRES ÉTRANGÈRES
D'AFGHANISTAN 1
30 novembre 1984.
J'ai l'honneur de me référer à la lettre que le Greffier adjoint vous a adressée
le 28 septembre 1984 au sujet de la requêtepour avis consultatif soumise à la
' Une communication analogue a étéadressée aux autres Etats admis à ester devant la
Cour. Le mêmeenvoi a étéfait au Secrétaire généralde l'Organisation des Nations Unies.252 APPLICATION FOR REVIEW
Cour et qui concerne une Demande de réformation du jugement n° 333 du
Tribunal administratif des Nations Unies. Il étaitnotamment indiquédans cette
lettre que le Président de la Cour avait fixé au 14 décembre 1984 la date
d'expiration du délaipour la présentation d'exposésécritsàla Cour, en applica
tion de l'article 66, paragraphe 2, du Statut.
Il m'incombe aujourd'hui de porter à votre attention que, le Secrétaire
généralde l'Organisation des Nations Unies ayant demandé un report, le Prési
dent a pris aujourd'hui une ordonnance prorogeant le délai prévu jusqu'au
28 février1985. Un exemplaire de cette ordonnance est joint àla présentelettre;
des exemplaires imprimés seront ultérieurement transmis par les voies habi
tuelles.
12. THE LEGAL COUNSEL OF THE UNITED NATIONS
TO THE REGISTRAR
14 December 1984.
I have the honour ta refer ta the Orders of 13 September 1984 and 30
November 1984in respect of the Application for Review of Judgement No. 333
of the United Nations Administrative Tribunal and to my letter of 26 November
1984 which indicated that the dossier of documents to be submitted pursuant
to Article 65, paragraph 2, of the Statute and Article 104of the Rules of Court
would be available by 14 December 1984.
On behalf of the Secretary-General I wish to advise that copies of the dossier,
30 each in English and in French were today dispatched to the Court. A copy
in each language was also transmitted ta counsel for the Applicant.
As the proceeding before the Tribunal and the Committee on Applications for
Review of Administrative Tribunal Judgements were centred on the meaning of
paragraph 5 of Section IV of General Assembly resolution 37/ 126 and on
paragraph 5 of Section VI of General Assembly resolution 38/232, Part 11of
the dossier concentrates on the direct drafting history of these provisions. while
Part I contains the documents directly relevant to the proceedings.If the Court
wishes any further background information, perhaps in the light of any Written
Statements subsequently submitted, the Secretary-General would, of course,
be pleased ta submit any additional documentation deemed relevant by the
Court.
]J. THE AMBASSADOR OF THE UNION OF SOVIET SOCIALIST REPUBLICS TO THE
NETHERLANDS TO THE REGISTRAR
3 January 1985.
In reply to your letters No. 72530 and No. 72531 dated 28 September 1984
I have the honour, in accordance with the instruction which I have received, to
send to you the remarks of the Soviet side concerning the questions submitted
to the International Court of Justice for advisory opinion.
(Signed) V. BELETSKY. CORRESPONDENCE 253
14. THE FIRST SECRETARY TO THE AMBASSADOR OF THE UNION OF SOVIET
SOCIALIST REPUBLICS TO THE NETHERLANDS
3 January 1985.
I have the honour to acknowledge receipt, with Your Excellency's letter of
today's date, of the written statement submitted by your Government in the pro
ceedings on a request for advisory opinion concerning an Application for
Review of Judgement No. 333 of the United Nations Administrative Tribunal.
(Signed) C. Poux.
15. THE FIRST SECRET~Y TO THE LEGAL COUNSEL OF THE UNITED NAflONS
4 January 1985.
I have the honour to acknowledge receipt of the letter you addressed to the
Registrar on 14 December 1984on behalf of the Secretary-General concerning
the documents supplied by him pursuant to Article 65, paragraph 2, of the
Statute of the Court in the proceedings on the request for advisory opinion con
cerning an Application for Review of Judgement No. 333 of the United Nations
Administrative Tribunal, as also of the 30 sets of those documents in English,
and 30 in French, whose dispatch your letter announced.
Note is further taken of the Secretary-General's readiness to submit any addi
tional documentation deemed relevant by the Court.
16. LE CHEF DU SERVICE DU CONTENTIEUX DIPLOMATIQUE, DES TRAITÉS ET DES
AFFAIRES LÉGISLATIVES DU MINISTÈRE DES AFFAIRES ÉTRANGÈRES DE L'ITALIE
Rome, le 23 février 1985.
J'ai l'honneur, en me référantà votre lettre du 28 septembre 1984, de vous
faire tenir ci-joint l'exposéécritdu Gouvernement italien au sujet de la requête
pour avis consultatif transmise à la Cour par le Secrétairegénéraldes Nations
Unies en vertu de la décisiondu Comitédes demandes de réformation de juge
ments du Tribunal administratif en date du 23 août 1984.
(Signé) Arnaldo SQUILLANTE.
17. THE LEGAL COUNSEL OF THE UNITED NATIONS TO THE REGISTRAR
26 February 1985.
I have the honour to transmit herewith a letter from the Secretary-General,
addressed to the President of the International Court of Justice, authorizing me
ta present written statements on his behalf in the matter of the Advisory
Opinion on the Application for Review of Judgement No. 333 of the United
Nations Administrative Tribunal.254 APPLlCA TION FOR REVIEW
Pursuant ta the above-mentioned authorization, I have the honour to
transmit herewith for communication to the Court thirty copies of the written
statement on behalf of the Secretary-General and thirty copies of a written state
ment setting forth the views of Mr. Yakimetz, the Applicant to whom the above
mentioned judgement of the Administrative Tribunal relates.
Thirty copies of French translations of the Secretary-General's written state
ment willbe despatched under separate caver prior to 28 February and thirty
copies of a French translation of the written statement of Mr. Yakimetz will
follow shortly thereafter.
18. THE SECRET ARY-GENERAL OF THE UNITED NATIONS TO THE PRESIDENT OF THE
INTERNATIONAL COURT OF JUSTICE
26 February 1985.
I have the honour to inform you that I have designated Mr. Carl-August
Fleischhauer, Under-Secretary-General, the Legal Counsel, as the representative
of the Secretary-General in the proceedings of the Court concerning the request
by the Committee on Applications for Review of Administrative Tribunal
Judgements for an advisory opinion on the Application for Review of Judge
ment No. 333 of the United Nations Administrative Tribunal.
Mr. Fleischhauer is authorized to present written statements on behalf of the
Secretary-General in the malter before the Court.
(Signed) Javier PÉREZ DE CUÉLLA.R
.19. THE LEGAL ADVISER OF THE UNITED STATES DEPARTMENT OF STATE TO THE
REGlSTRAR
26 February 1985.
I have the honor to refer to my letter dated 21 November 1984. Therein, I
informed the Court that it was the intention of the United States to avail itself
of the right conferred under Article 66 of the Statute of the Court to present
its views concerning the request by the Committee on Applications for the
Review of Administrative Tribunal Judgements for an advisory opinion with
respect to Tribunal Judgement No. 333 (Yakimetz). l refer also to the Court's
Order of 30 November 1984 extending the time-limit for the submission of
pleadings in this case until 28 February 1985.
The written statement of the Government of the United States of America
concerning this case is attached hereto.
20. THE AMBASSADOR OF CANADA TO THE NETHERLANDS TO THE REGISTRAR
27 February 1985.
On behalf of Canada, I have the honour to send to the International Court
of Justice the attached statement, in English and French, concerning the
Application for Review of Judgement No. 333 of the United Nations Admini
strative Tribunal.
(Signed) L. A. H. SMITH.· CORRESPONDENCE 255
21. LE GREFFIER AU MINISTRE DES AFFAIRES ÉTRANGÈRES DU GOUVERNEMENT
DE L'ITALIE
27 février 1985.
J'ai l'honneur d'accuser réception de votre lettre du 23 février 1985 et de
l'exposéécritdu Gouvernement italien au sujet de la requêtepour avis consulta
tif transmiseà la Cour par le Secrétairegénéraldes Nations Unies en l'affaire
de la Demande de réformation du jugement no 333 du Tribunal administratif
des Nations Unies . .
22. THE PRESIDENT OF THE INTERNATIONAL COURT OF JUSTICE TO THE
SECRETARY-GENERAL OF THE UNITED NATIONS
28 February 1985.
I have the honour to acknowledge receipt of your letter of 26 February 1985,
by which you were good enough to inform me that you have designated Mr.
Carl-August Fleischhauer, Under-Secretary-General, the Legat Counsel, as your
representative in the proceedings concerning the request by the Committee
on Applications for Review of Administrative Tribunal Judgements for an
advisory opinion on the Application for Review of Judgement No. 333 of the
United Nations Administrative Tribunal.
(Signed) NAGENDRA SINGH.
23. THE RE0ISTRAR TO THE LEGAL COUNSEL OF THE UNITED NATIONS
28 February 1985.
I have the honour to acknowledge receipt of your letter of 26 February 1985,
transmitting a Ietter from the Secretary-General to the President of the Court,
and transmitting also copies of the written statement on behalf of the Secretary
General in respect of the request for an advisory opinion on the Application for
Review of Judgement No. 333 of the United Nations Administrative Tribunal,
and copies of a written statement setting forth the views of the Applicant to
whom that judgement of the Administrative Tribunal relates.
24. THE REGISTRAR TO THE AMBASSADOR OF CANADA TO THE NETHERLANDS
28 February 1985.
1have the honour to acknowledge receipt of your letter of 27 February 1985,
with which Your Excellency was good enough to transmit to me the written
statement of Canada concerning the request for advisory opinion on the
Application for Review of Judgement No. 333 of the United Nations Ad
ministrative Tribunal.256 APPLICATION FOR REVIEW
25, THE REGISTRAR TO THE LEGAL ADVISER OF THE UNITED STATES DEPARTMENT
OF STATE
28 February 1985.
I have the honour to acknowledge receipt of your letter of 26 February 1985,
with which you were good enough to transmit to me the written statement of
the United States of America concerning the request for advisory opinion on the
Application for Review of Judgement No. 333 of the United Nations Admini
strative Tribunal.
26. THE LEGAL COUNSEL OF THE UNITED NATIONS TO THE REGISTRAR
28 February 1985.
I have the honour to transmit a copy of a letter dated 25 February 1985 from
Diana Boemstein Esq., Counsel for Mr. Yakimetz, in the malter of the
Advisory Opinion on the Application for Review of Judgement No. 333 of the
United Nations Administrative Tribunal.
Ms. B0erns1ein indicates that she will be on mission for the United Nations
until 19April and has requested me to seek that the Court extend until six weeks
after that date the time-limit for submission of comments on written staternents
submitted in this rnatter.
lt is noted that the Court previously extended, at the request of the United
Nations, the time-lirnit for subrnission of written statements to 28 February
1985.The United Nations considers that it would not be prejudiced by the Court
granting the present request in respect of time-limits for comments on written
statements.
The Counsel for Mr. Yakimetz to the Legat Counsel of the United Nations
25 February 1985.
1Jeave on March J J985 on official mission to several countries in Asia. This
mission was postponed from last October in order to meet the time-lirnit of 14
December 1984, fixed by the President of the Court, for submission of Written
Statements, and itcannot be postponed again. I shall be away until April 19.
I should therefore be grateful if you would request the Court to extend until six
weeks after my return the time-lirnit for subrnission of Cornments on the Writ
ten Statements.
Mr. Sylvanus Tiewul bas kindly agreed to actas liaison in this case during rny
absence. Would you please send ail relevant material to him for transmission
tome.
(Signed) Diana BOERNSTEIN'
Counsel for Mr. Yakimetz. CORRESPONDENCE 257
27. THE REGISTRAR TO THE LEGAL COUNSEL OF THE UNITED NATIONS
5 March 1985.
By letter of 28 February l985 l had the honour to acknow1edge the receipt
of your letter dated 26 February 1985 whereby, pursuant to Article 66, para
graph 2, of the Statute of the International Court of Justice, you transmitted
to me a written statement on behalf of the Secretary-General concerning the
Application for Review of Judgement No. 333 of the United Nations Admini
strative Tribunal on which an advisory opinion has been requested of the Court,
together with the views of the Applicant to whom the Judgement relates.
I now have the honour to acknowledge receipt of your letter of 28 February
1985 forwarding a request, dated 25 February 1985, submitted by counsel for
the Applicant, in respect of the time-limit for comments on written statements,
and indicating that the United Nations considers that it would not be prejudiced
by the granting of that request.
I have further to inform you that, within the extended time-Iimit of 28
February 1985 fixed by the President of the Court, the Governments of the
Union of Soviet Socialist Republics, Italy, Canada and the United States of
America also submitted written statements in the above-mentioned case, pur
suant to Article 66, paragraph 2, of the Statute of the Court.
The texts of the above-mentioned statements in the language in which they
were submitted, which you may wish to make available to counsel for Mr.
Yakimetz, are hereby communicated to you pursuant to Article 66, paragraph
4 (last sentence), of the Court's Statute and Article I05, paragraph I, of the
Rules of Court. I shall not failto sénd you, in due course, the corresponding
translations prepared in the Registry. Your attention is drawn to the fact that
the communicated statements have not yet been made available to the public by
the Court.
I wish also to inform you that the President, pursuant to Article 66,
paragraph 4 (first sentence), of the Court's Statute and Article 105, paragraph
2 (a), of the Rules of Court, has decided to permit any State or organization
having presented or transmitted a written statement to submit comments in
writing on the statements made or transmitted by any other and has fixed 31
May 1985 as the time-Iimit for the submission of such comments.
The subsequent procedure having been reserved, I shall not fail to inform you
in due course of such further decisions as may be taken by the Court in its
regard.
28. THE REGISTRAR TO THE AMBASSADOR OF THE UNION OF SOVIET SOCIALIST
REPUBLICS TO THE NETHERLANDS 1
5 March 1985.
By a letter of 28 September 1984 the Deputy-Registrar informed Your
Excellency that the United Nations Committee on Applications for Review of
Administrative Tribunal Judgements had requested an advisory opinion of the
' Acommunication in 1hesame terms was also sent to the Minister for Foreign Affairs
of Italy and to the Ambassadors of Canada and the United States of America to the
Netherlands.258 APPLICATION FOR REVIEW
International Court of Justice concerning an Application for Review of Judge
ment No. 333 of the United Nations Administrative Tribunal and that the Presi
dent of the Court had considered the United Nations and its member States
as likely to be able to furnish information on the question. You were also
informed, by the same letter, that 14 December 1984 had been fixed as the time
limit for the submission of written statements and, by a letter of 30 November
1984, that that time-limit had been extended to 28 February 1985.
I now have the honour to inform you that, within the time-limit as thus
extended, the United Nations submitted to the Court a written statement, com
prising a statement on behalf of the Secretary-General and the views of the per
son to whom Judgement No. 333 of the Administrative Tribunal related,
namely Mr. Vladimir Yakimetz, and that, in addition to the Govemment of the
Union of Soviet Socialist Republics, those of ltaly, Canada and the United
States of America submitted written statements.
The texts of the above statements in the language in which they were submit
ted are hereby communicated to your Govemment pursuant to Article 66,
paragraph 4 (last sentence), of the Court's Statute and Article 105, paragraph
1, of the Rules of Court. I shall not fail to make available in due course to your
Govemment the corresponding translations. 1am also enclosing the Introduc
tory Note with whîch the Secretary-General of the United Nations has prefaced
the dossier of documents likely to throw light upon the question on which an
opinion is required (Statute, Art. 65, para. 2) and the table of contents of that
dossier. Your kind attention is further drawn to the fact that the said statements
and documents communicated to your Government have not yet been made
available to the public by the Court.
l also have the honour to inform you that the President, pursuant to Article
66, paragraph 4 (first sentence), of the Court's Statute and Article 105,
paragraph 2 (a),of the Rules of Court, has decided to permit any State or
organization having presented or transmitted a written statement to submit
comments in writing on the statement made or transmitted by any other and has
fixed 31 May 1985 as the time-limit for the submission of such comments.
The subsequent procedure having been reserved, I shall not fail to inform you
in due course of such decision as the Court may take in the malter.
29. THE REGISTRAR TO THE LEGAL COUNSEL OF THE UNITED NATIONS
8 March 1985.
I have the honour to acknowledge receipt of thirty copies of the French
translation of the written statement submitted on behalf of the Secretary
General and of thirty copies of the French translation of the statement setting
forth the views of Mr. Yakimetz in the malter of the Application for Review
of Judgement No. 333 of the United Nations Administrative Tribunal, which
were received in the Registry on 1 and 8 March 1985, respectively.
30. THE REGISTRAR TO THE LEGAL COUNSEL OF THE UNITED NATIONS
17 April 1985.
ln my letter of 5 March 1985 on the subject of the written statements filed
in the case concerning an Application for Review of Judgement No. 333 of the CORRESPONDENCE 259
United Nations Administrative Tribunal I undertook to furnish you in due
course with corresponding translations.
I have accordingly the honour to transmit to you herewith copies of an
English translation of the written statement of Italy together with French
translations of those filed respectively by the Union of Soviet Socialist Republics
and by the United States of America. I would emphasize that these translations,
prepared by the Registry for the use of Members of the Court, have no official
character whatever. I should further recall that the written statement of Canada
transmitted to you with the aforementioned letter was submitted in both English
and French.
lt will be recalled that the President of the Court has fixed 31 May 1985 as
the time.limit for the submission of comments in writing on the statements made
or transmitted by any State or organization. In that connection I would be
grateful if you would kindly forward a copy of each translation to counsel for
Mr. Yakimetz.
31. THE REGISTRAR TO THE AMBASSADOR OF THE UNION OF S1VIET SOCIALIST
REPUBLICS TO THE NETHERLANDS
17 April 1985.
ln my letter of 5 March 1985 on the subject of the written statements filed
in the case concerning an Application for Review of Judgement No. 333 of the
United Nations Administrative Tribunal l undertook to furnish Your Excellency
in due course with corresponding translations.
I have accordingly the honour to ·transmit to you herewith copies of an
English translation of the written statement of Italy together with French
translations of those filed respectively by the Union of Soviet Socialist Republics
and by the United States of America. I would emphasize that these translations,
prepared by the Registry for the use of Members of the Court, have no official
character whatever. I should further recall that the written statement of Canada
transmitted to you with the aforementioned letter was submitted in bath English
and French.
Also transmitted with that letter were the English versions of the written state·
ment of the Secretary.General of the United Nations (enclosing also a statement
presented on behalf of the Applicant), and of the lntroductory Note with which
he had prefaced the dossier of documents likely to throw light upon the question
on which an opinion is required (Statute, Art. 65, para. 2). I now take the
opportunity of forwarding to you, in addition to the above·mentioned trans·
lations, the French versions of those documents.
Itwill be recalled that the President of the Court has fixed 31 May 1985 as
the time·limit for the submission of comments in writing on the statements made
or transmitted by any State or organization.
1
A communication in the same terms was also sent to the Minister for Foreign Affairs
of Italy and to the Ambassadors of Canada and the United States of America to the
Netherlands.260 APPLICATION FOR REVIEW
32. THE LEGAL COUNSEL OF THE UNITED NATIONS TO THE REGISTRAR
3 May 1985.
I have the honour to refer to your letter of 17 April 1985 which recalled that
the President of the Court has fîxed 31 May 1985as the time-limit for the sub
mission of comments in writing on the statements made by any State or
organization in the case conceming an Application for Review of Judgement
No. 333 of the United Nations Administrative Tribunal.
I have the honour to transmit to the Court a copy of a letter dated 26 April
1985, which I received on I May 1985, from Diana Boernstein, Esq., Counsel
for Mr. Yakimetz, which requests that the time-limit for submitting comments
be extended to the end of June because she has received a priority assignment
concerning the African Drought Emergency. We would have no objections to
the President favourably considering this request for an extension of the
time-limit.
The Counsel for Mr. Yakimetz to the Lega/ Counse/
of the United Nations
26 April 1985.
Application for Review of Judgement No. 333
of the United Nations Administrative Tribunal
I acknowledge the receipt, upon my return from Asia on April 22nd, of the
written statements submitted pursuant to Article 66, paragraph 2, of the Statute
of the Court in the above-named case. Two other sets of statements, forwarded
to me in Rangoon and in Manila, failed to reach me. I note also that the Presi
dent has set the time-limit for comments on the written statements as May 31,
1985.
With the consent of the Applicant, Mr. Yakimetz, and with regret, I would
like to seek a further extension of the time-limit for submitting comments until
the end of June. The reason for this request is a priority assignment concerning
the African Drought Emergency. I understand that the Court's calendar is in
any case very full at present, and therefore I believe that this further extension
will not delay the consideration of the case.
33. THE REGISTRAR TO THE LEGAL COUNSEL OF THE UNITED NATIONS
(te/ex)
9 May 1985.
Have honour inform you that following Ms. Boernstein's letter, and noting
absence of objection on part of Secretary-General, President of Court has
extended time-limit under Article 66 (4) of Statute to Monday, 1 July 1985. A
formai letter in this sense is being sent to Secretary-General and States con
cerned. CORRESPOND ENCE 261
34. THE REGISTRAR TO THE LEGAL COUNSEL OF THE UNITED NATIONS
9 May 1985.
With reference to the advisory proceedings on an Application for Review of
Judgement No. 333 of the United Nations Administrative Tribunal, l have the
honour to acknowledge receipt of your communication of 3 May 1985 trans
mitting a copy of a letter dated 26 April 1985 by which counsel for Mr.
Yakimetz seeks an extension of time-limit, and indicating (hat the Secretary
General would have no objection to such an extension.
I am to inform you, accordingly, that the President of the Court, after con
sideration, has extended from 31 May 1985 to l July 1985 the time-limit within
which States or organizations having presented or transmitted written state
ments may submit written comments on any written statement presented or
transmitted by any other. I shall be grateful if you will kindly convey this deci
sion to counsel for Mr. Yakimetz.
The subsequent procedure remaining reserved, I shall not fail to inform you
of such further decisions as may be taken in the proceedings.
35, THE REGISTRAR TO THE AMBASSADOR OF THE UNION OF SOVIET SOCIALIST
1
REPUBLICS TO THE NETHERLANDS
9 May 1985.
With reference to the advisory proceedings on an Application for Review of
Judgement No. 333 of the United Nations Administrative Tribunal, and further
to my letters of 5 Marchand 17 April 1985, 1 have the honour to inform you
that the President of the Court has extended from 31 May to 1 July 1985 the
time-limit within which any State or organization having presented or trans
mitted a written statement may, pursuant to Article 66, paragraph 4, of the
Statute, submit comments in writing on the statement made or transmitted by
any other.
The President has taken this action fo\lowing the receipt from the Secretary
General of a letter transmitting another in which a wish for such extension is
expressed by counsel for the persan to whom the above-mentioned Judgement
No. 333 relates, and indicating that the Secretary-General would have no
objection.
The subsequem procedure having been reserved, I shall not fail to inform you
in due course of such further decisions as may be taken in the proceedings.
36. THE AMBASSADOR OF CANADA TO THE NETHERLANDS TO THE REGISTRAR
30.May 1985.
Irefer to your letter o9 May 1985, concerning the advisory proceedings on
an Application for Review of Judgement No. 333 of the United Nations
' Acommunication in the same terms was also sent ta the Minister for Foreign Affairs
of Italy and ta the Ambassadors of Canada and the United States of America ta the
Netherlands.262 APPLICATION FOR REVIEW
Administrative Tribunal. I have been asked to inform you that Canada does not
intend to submit another written communication on this matter. The Canadian
Government would appreciate receiving copies, in due course, of any further
submission on this subject which might be sent to the Court.
37. THE REGISTRAR TO THE AMBASSADOR OF CANADA TO
THE NETHERLANDS
6 June 1985.
l have the honour to acknowledge receipt of the letter of 30 May 1985
whereby your Excellency bas been good enough to inform me that Canada does
not intend to submit any further written communication on the subject of the
advisory proceedings concerning an Application for Review of Judgement No.
333 of the United Nations Administrative Tribunal.
I shall not fail to keep the Canadian Government informed of the subsequent
procedure in this caseand, in particular, to transmit toit copies of any further
submissions therein made, as you request.
38. THE LEGAL ADVISER OF THE UNITED STATES DEPARTMENT OF STATE TO THE
REGISTRAR
27 June 1985.
I have the honor to refer to your letter to Ambassador Bremer of 5 March
1985, in which you communicated the decision of the President of the Court to
invite comments on the statements subrnitted by States and interested parties
regarding the request by the Committee on Applications for the Review of
Administrative Tribunal Judgements for an advisory opinion with respect to
Tribunal Judgement No. 333 (Yakimetz). I also refer to the Court's subsequent
order extending the time-limit for the submission of comments to I July 1985.
The comments of the United States of America are enclosed.
(Signed) Abraham D. SoFAER.
39. THE LEGAL COUNSEL OF THE UNITED NATIONS
TO THE REGISTRAR
28 June 1985.
With reference to the advisory proceedings on an Application for Review of
Judgement No. 333 of the United Nations Administrative Tribunal, and in
respect of your letters dated 5 Marchand 9 May 1985, I have the honour to
advise that thirty (30) copies in English and French of comments on behalf of
the Secretary-General and thirty (30) copies in the original languages (in part CORRESPONDENCE 263
English and in part French) of comments on the part of the Applicant are being
sent to you for transmission to the Court.
Thirty (30) copies of translations of the Applicant's comments will be dis
patched as soon as possible.
40, THE FIRST SECRETARY TO THE LEGAL COUNSEL
OF THE UNITED NATIONS
5 July 1985.
I have the honour to acknowledge receipt with thanks of your letter of 28
June 1985concerning the Application for Review of Judgement No. 333 of the
United Nations Administrative Tribunal, and to confirm also receipt of the 30
copies of the comments on behalf of the Secretary-General and of the comments
on the part of the Applicant. I note that translations of the latter document will
be dispatched as soon as possible.
41. THE FIRST SECRETARY TO THE SECRETARY-GENERAL
OF THE UNITED NATIONS
8 July 1985.
1 have the honour to transmit to Your Excellency herewith two copies of the
written statements submitted by the Govemment of the United States of
America, in accordance with Article 66, paragraph 4, of the Statute of the
Court, in the case concerning Application for Review of Judgement No. 333 of
the United Nations Administrative Tribunal, one copy of which you may wish
to make available ta counse1 for Mr. Yakimetz.
42. THE FIRST SECRETARY TO THE LEGAL ADVISER OF THE UNITED STATES
DEPARTMENT OF STATE
8 July 1985.
have the honour to acknowledge receipt of your letter of 27 June 1985,
transmitting the written comments of the Government of the United States on
the written statements submitted to the Court pursuant ta Article 66, paragraph
2, of the Statute of the Court in the case coricerning Application for Review of
Judgement No. 333 of the United Nations Administrative Tribunal.
1now have the honour to transmit to you herewith copies of the written com
ments made under Article 66, paragraph 4, of the Statute on behalf of the
Secretary-General of the United Nations, including comments by Mr. Vladimir
Yakimetz, the persan ta whom Administrative Tribunal Judgement No. 333
related.
These comments are transmitted in the language in which they were submitted
to the Court; I shall not fail to make available to your Government in due
course the corresponding translations.
The subsequent procedure in the case remains reserved.264 APPLICATION FOR REVIEW
43. THE FIRST SECRETARY TO THE AMBASSADOR OF THE UNION OF SOVIET
1
SOCIALIST REPUBLICS TO THE NETHERLANDS
8 July 1985.
I have the honour to refer to the Registrar's letter of 5 March 1985. with
which were transrnitted to Your Excellency copies of the written statements sub
mitted to the Court pursuant to Article 66, paragraph 2, of the Statute of the
Court in the case concerning Application for Review of Judgement No. 333 of
the United Nations Administrative Tribunal. In that letter mention was made
of the time-limit fixed for comments in writing on such written statements, pur
suant to Article 66, paragraph 4, of the Statute, and by a letter of 9 May 1985
the Registrar informed you of the extension of that time-limit to I July 1985.
Inow have the honour to transmit to Your Excellency herewith copies of the
written comments made on behalf of the Secretary-General of the United
Nations. including comments by Mr. Vladimir Yakimetz, the person to whom
Administrative Tribunal Judgement No. 333 related, and the written comments
of the Government of the United States of America.
These comments are transmitted in the language in which they were submitted
to the Court; I shall not fail to make available to your Government in due
course the corresponding translations.
The subsequent procedure in the case remains reserved.
44. THE REGISTRAR TO THE AMBASSADOR OF THE UNION OF SOVIET SOCIALIST
REPUBLICS TO THE NETHERLANDS 2
19 July 1985.
With reference to the Registry's letter of 8 July 1985, transmitting to you the
written comments submitted pursuant to Article 66, paragraph 4, of the Statute
of the Court in the case concerning Application for Review of Judgement No.
333 of the United Nations Administrative Tribunal, I now have the honour to
transmit to Your Excellency herewith the French translation, prepared by the
Registry, of the comments of the Government of the United States of America.
45. THE REGISTRAR TO THE LEGAL COUNSEL OF THE UNITED NATIONS
25 July 1985.
With reference to the Registry's letter of 8 July 1985, transmitting the written
comments submitted pursuant to Article 66, paragraph 4, of the Statute of the
Court in the case concerning Application for Review of Judgement No. 333 of
the United Nations Administrative Tribunal, 1now have the honour to transmit
1A communication in the same terms was aise sent to the Minister for Foreign Affairs
of Italy and to the Ambassador of Canada to the Netherlands.
JA communication in the same terms was also sent to the Minister for Foreign Affairs
of ltaly, to the Legat Adviser of the United States Department of State and to the
Ambassador of Canada to the Netherlands. CORRESPONDENCE 265
to you herewith two copies of the French translation, prepared by the Registry,
of the comments of the Government of the United States of America. You may
wish ·to make available one copy to counsel for Mr. Yakimetz.
46. THE REGlSTRAR TO THE LEGAL COUNSEL OF THE UNITED NATIONS
2 August 1985.
I have the honour to acknowledge receipt with thanks of 34 copies of the
translations of the comments submitted by the Applicant, Mr. Vladimir
Yakimetz, in the case concerning the Application/or Review of Judgement No.
333 of the United Nations Administrative Tribunal.
47. THE REGISTRAR TO THE AMBASSADOR OF THE UNION OF S1VIET SOCIALIST
REPUBLICS TO THE NETHERLANDS
2 August 1985.
Further to the Registry's letter of 8 July 1985, I have the honour to transmit
to Your Excellency herewith the translations, provided by the United Nations
Secretariat,of the written comments submitted by Mr. Vladimir Yakimetz in the
case concerning the Application/or Review of Judgement No. 333 of the United
Nations Administrative Tribunal.
48. THE LEGAL COUNSEL OF THE UNITED NATIONS TO THE REGISTRAR
4 March 1986.
have the honour to transmit herewith copy of a communication dated 26
. February 1986 from the Counsel for Applicant in Application for Review of
Judgement No. 333 of the United Nations Administrative Tribunal.
The Counsel for Mr. Yakimetz to the Legat Counsel
of the United Nations
26 February 1986.
Mr. Vladimir Yakimetz attached, as Annex 8 to bis comments on the written
statements submitted to the International Court of Justice in his case, an
• A communication in the same terms was also sent to the Minister for Foreign Affairs
of ltaly, to the Legal Adviser of lhe United States Depanment of State and the
Ambassador of Canada to the Netherlands.266 APPLICATION FOR REYIEW
analysis by Prof essor Alain Pellet at the request of the Co-ordinating Commit
tee for Independent Staff Unions and Associations of the United Nations
system. Prof essor Pellet's analysis was submitted in French, and an English ver
sion was subsequently prepared by the United Nations for transmittal to the
International Court.
Prof essor Pellet, due to pressure of work, was not immediately able to check
the English translation to make sure it accurately represented his text. He has
now done so. He apologizes for the delay, and requests that the attached list of
I
corrigenda be submitted to the Court.
LEGAL OPINION
by Alain Pellet, on the validity of Judgement No. 333 of the Administrative
Tribunal of the United Nations with respect to the Charter of the United
Nations and the fundamental principles of international civil service law.
1
Corrigenda
p. 5, line 1. "lt must also be noted" shou/d read: "On the other
hand, it must be noted ... .,
p. 9, line 6. "Not without taking precautions can this definition be
transposed ... " should read: "This definition con be
transposed, though not without precautions, ... "
p. 9, para. 12, ". . . it has erroneously substituted a competence
3 lines before residing in ... " should read: "... it has erroneously
end of page admitted that the Secretary-General could surrender the
discretionary power ... " 2
p. 11, 4 lines and especially as the second sentence" shou/d
before end read: ''... although the second sentence"
of page
p. 12, para. 15, "... erroneously substituted a competence connected
line 5 with ... " shou/d read: "... erroneously surrendered
the discretionary power available to him ... " l
p. 20, para. 22, ". . . or whether, as seems to be admitted ... ; or
lines 4 to 6 whether this reasoning constitutes support of the finding
and is analysed to be ... " shou/d read "... either, as
seems to be admitted ... ; or this reasoning constitutes
support of the finding and must be analysed to be ... "
p. 20, para. 23, • "... elsewhere but ... " shou/d read: "... elsewhere.
line 11 But ... "
1 These corrections have been incorporated into the text. [Note by the Registry.j
2 «Il a ainsi substituéà tort, une compétence liéeau pouvoir discrétionnaire dont il
dispose.»
1 « Le Tribunal a substitué, à tort, une compétence liéeau pouvoir discrétionnaire
reconnu par la Charte dans ce domaine au Secrétairegénéral.»L'expression« compétence
liée» ne semble pas avoir d'équivalent en anglais. CORRESPONDENCE 267
49. THE flEOISTRAR TO THE LEGAL COUNSEL OF THE UNITED NATIONS
7 April 1986.
1 have the honour to acknowledge the transmission, with your letter of 4
March 1986, of a communication dated 26 February 1986 from the Counsel for
the Applicant in the advisory proceedings on an Application for Review of
Judgement No. 333 of the United Nations Administrative Tribunal.
1
50. THE REGISTRAR TO THE LEGAL COUNSEL OF THE UNITED NATIONS
3 November 1986.
With reference to the case concerning Application for Review of Judgement
No. 333 of the United Nations Administrative Tribunal, 1 have"the honour to
inform you that the Court has decided not to hold any public sitting for the pur
poses of hearing oral statements in the case.
51. LE GREFFIER AU M~NISTRE DES AFFAIRES ETRANGÈRES D'AFGHANISTAN l
4 novembre 1986.
Le 28septembre 1984, le Greffier adjoint vous a adresséune lettre, qui consti
tuait la communication spécialeet directe visée à l'article 66, paragraphe 2, du
Statut de la Cour, au sujet de l'avis consultatif qui a été requisde la Cour dans
l'affaire de la Demande de réformation du jugement n° 333 du Tribunal admi
nistratif des Nations Unies. Par cette lettre, vous avez étéinformé que l'Organi
sation des Nations Unies et ses Etats Membres avaient étéjugéspar le Président
de la Cour susceptibles de fournir des renseignements sur la question et que, par
ordonnance en date du 13 septembre 1984, le Président avait fixéau 14 décem
bre 1984la date d'expiration du délaipour ledépôtd'exposésécrits.Ultérieure
ment, par une lettre du 30 novembre 1984, je vous ai informé que ce délaiavait
étéprorogé par le Président au 28 février 1985.
J'ai l'honneur de vous informer maintenant que le Président a ensuite décidé,
conformément à l'article 66, paragraphe 4 (première phrase), du Statut de la
Cour et à l'article 105, paragraphe 2 a), du Règlement de la Cour, d'admettre
tout Etat ou toute organisation ayant présentéou transmis un exposéécrit àsou
mettre, avant le 31 mai 1985, des observations écritessur tout exposéprésenté
ou transmis par un autre Etat ou une autre organisation; plus tard, le Président
a prorogé ce délai au ter juillet 1985.
Enfin, je dois vous aviser que, comme l'y autorise l'article 105 de son Règle
ment, la Cour a décidéde ne pas tenir en l'espèced'audiences publiques consa
créesà des exposésoraux. En outre, conformément à l'article 106de son Règle
ment, elle a décidéque les exposésécritset les documents annexésainsi que les
observations écrites sur ces exposés seraient rendus accessibles aux Etats
Membres de l'Organisation des Nations Unies mais non au public.
1 A communication in the same terms was also sent to the Minister for Foreign Affairs
of Italy, to the Legal Adviser of the United States Department of State and to the Ambas
sadors of Canada and the Union of Soviet Socialist Republics to the Netherlands.
zUne communication analogue a étéadresséeaux autres Etats admis à ester devant la
Cour.268 APPLICATION FOR REVIEW
En conséquence je vous envoie sous pli séparédes copies des exposésécrits
reçus dans le délaiprorogéau 28 février1985, à savoir d'une part un exposéécrit
présentépar l'Organisation des Nations Unies, lequel comprend un exposé
rédigéau nom du Secrétaire généralet un exposé des vues de M. Vladimir
Yakimetz, personne que concerne le jugement n° 333 du Tribunal administratif
des Nations Unies, et d'autre part des exposés écrits des Gouvernements du
Canada, des Etats~Unis d'Amérique, de l'Italie et de l'Union des Républiques
socialistes soviétiques.
Sous pli séparéje vous envoie aussi des copies des exposésécritsreçus dans
le délai prorogé au ter juillet 1985, à savoir des exposés présentésau nom du
Secrétairegénéralde l'Organisation des Nations Unies et de M. Yakimetz et un
exposé du Gouvernement des Etats-Unis d'Amérique.
52, THE LEGAL COUNSEL OF THE UNITED NATIONS TO THE REGISTRAR 1
20 November 1986.
I refer to your letter of 23 October 1986by which you advised me of apparent
defects in paragraph 19of the English version of the comments of the Applicant
in the advisory proceedings on the Application for Review of Judgement No.
333 of the United Nations Administrative Tribunal. You requested that the cor
rect text of that paragraph be supplied to you and, in response to that request,
I enclose a copy of a letter dated 11 November 1986 from Counsel for Appli
cant, together with which she transmitted to us a copy of the correct text.
The Counsel for Mr. Yakimetz to the Legal Counsel
of the United Nations
11 November 1986.
I attach a copy of page 8 of the Comments of the Applicant in relation to the
advisory proceedings on the Application for Review of Judgement No. 333 of
the United Nations Administrative Tribunal, which contains part of paragraph
19. The last line of the page appears to have been omitted from the version sent
to the International Court of Justice.
I would be grateful if you would transmit the corrected full page to the Court,
and convey my apologies for not having noticed before that the line was missing
from the text as reproduced.
53. THE REGJSTRAR TO THE MINISTER FOR FOREIGN AFFAJRS OF ANTIGUA AND
1
BARBUDA
15 December 1986.
I have the honour to refer to my letter of 4 November 1986 in which I in
formed you that I was forwarding to you under separate caver copies of the
1
A communication in the same terms was also sent to the Minister of Foreign Affairs
of Italy, to the Legal Adviser of the United States Department of State and to the
Ambassador of Canada to the Netherlands. CORRESPONDENCE 269
written statements received by the Court, and of the written comments sub
mitted on those statements on behalf of the Secretary-General of the United
Nations and of Mr. Yakimetz, and by the Government of the United States of
America, in respect of the request for an advisory opinion on the Application
for Review of Judgement No. 333 of the United Nations Administrative Tri
bunal.
The version originally supplied to the Court of one of those documents,
"Comments of the Applicant Mr. Vladimir Yakimetz on the written statements
submitted to the International Court of Justice in the matter of the Application
for Review of Judgement No. 333 of the United Nations Administrative
Tribunal" was incomplete, one line of paragraph 19 having been omitted at the
bottom of page 8. I am therefore forwarding to you herewith the corrected text
of th.at page as transmitted by Counsel for the Applicant to the Legal Counsel
of the United Nations, and supplied by the latter to the Court at my request.
54. THE REGISTRAR TO THE AMBASSADOR OF THE UNION OF SOV1ET SOCIALIST
REPUBLICS TO THE NETHERLANDS
23 December 1986.
I have the honour to refer to the letter of 8 July 1985 by which l transmitted
to Your Excellency, inter aliacopies of the written comments of the applicant
for review, as submitted by the Secretary-General of the United Nations in the
case concerning an Application for Review of Judgement No. 333 of the United
Nations Administrative Tribunal.
In the version of those comments originally supplied to the Court, a line of
text had been omitted at the foot of page 8. I therefore forward to you herewith
the full text of that page as provided ta the Legal Counsel of the United Nations
and communicated to the Court at my request.
55. THE REGISTRAR TO THE LEGAL COUNSEL OF THE UNITED NATIONS
6 March 1987.
I have the honour to refer to the request for advisory opinion addressed to
the Court by the Committee on Applications for Review of Administrative
Tribunal on 28 August 1984 (Application for Review of Judgement No. 333
of the United Nations Administrative Tribunal), which is at present being
examined by the Court, and to the Secretary-General's letter of 26 February
1985 designating you as his representative in these proceedings. For the purpose
of that examination I am to ask the Secretary-General to supply certain
background information to supplement that contained in the dossier of
documents already submitted to the Court by him under Article 65, paragraph
2, of the Statute of the Court.
1A similar communication was also sent to States who had received the English version
of the comments of the Applicant Mr. Yakimetz on the written statements submitted to
the International Courtf Justice.270 APPLICATION FOR REVIEW
The information requested is as follows: taking into account the provision of
United Nations Staff Regulation 4.4,
(1) What has so far been the practice with regard to the implementation
within the Secretariat of the United Nations of paragraph 5 of section IV
of resolution 37/126 adopted by the General Assembly on 17 December
1982?
(2) How many staff members within the Secretariat have so far received
a career appointment in the light of the aforesaid paragraph?
(3) Of the Staff members referred to in the second question above, how
many had been serving on secondment from (a) another international
organization, (b) a national administration, prior to receiving a career
appointment in the Secretariat?
(4) Can similar detailed information be given as to the practice prior to
1982 as to consideration of staff members on fixed-term appointment for
career appointment, to supplement the background documentation in Part
II of the dossier?
It would be appreciated if this information could be supplied to the Court as
soon as conveniently possible.
56. THE LEGAL COUNSEL OF THE UNITED NATIONS TO THE REGISTRAR
22 April 1987.
I have the honour to refer to your letter of 6 March 1987 which requested cer
tain information with regard to the Application for Review of Judgement
No. 333 of the United Nations Administrative Tribunal. The questions and the
answers to them are set out below.
Question 1
What bas so far been the practice with regard to the implementation
within the Secretariat of the United Nations of paragraph 5 of section IV
of resolution 37/126 adopted by the General Assembly on 17 December
1982?
Answer
Resolution 37/126, section IV, paragraph 5, bas, at least so far, not been
transformed into a formai procedure for inclusion in the Staff Rules. lt is,
however, applied in that, in practice, staff members at the Professional and
Principal Officer levels on fixed-term appointments receive before, or
upon completion of five years of continuing good service, consideration
for a career or another type of new appointment, as set out below:
Requests for new appointments are initiated by programme managers to
ensure that the requirement of continuing good service is met; this is done
normally in the context of the bi-annual review of fixed-term appoint
ments. Cases are then examined on their own merits by the Office of
Human Resources Management (OHRM: formerly the Office of Person
nel Services) and when supported by the latter are submitted to the relevant
appointment and promotion body for review and advice before a final
decision is made by the Secretary-General or on bis behalf. Ifthe examina
tion by OHRM leads to a negative result, the case is not referred to the
appointment and promotion body. However, even in such situations, the
matter may be considered by the Secretary-General himself. This happens CORRESPONDENCE 271
rarely, but occurred in the case of Mr. Yakimetz: see paragraph 28 of the
written statement submitted on behalf of the Secretary-General.
ln this respect, attention is invited to the case of Mr. Liviu Bota who,
after his secondment from the Romanian Government was not renewed in
late 1986, received, upon consideration by the Secretary-General, a new
fixed-term appointment.
Staff members assigned to posts subject to geographical distribution and
whose countries are over-represented are equally eligible for career
appointments but not before they have served continuously for at least five
years on fixed-term appointments. This practice in effect removes, after
five years, the bar that the over-representation factor otherwise presents to
career appointments.
It has to be noted, however, that at present the reduction of staff as man
dated by the General Assembly in view of the current financîal crisis had
led to a situation in which the conversion from fîxed-term to career
appointments has been considerably slowed down.
Question 2
How many staff members within the Secretariat have sa far received a
career appointment in the light of the aforesaid paragraph?
Answer
lt would be difficult to answer this question within a reasonable period
of time because statistics other than those generated by computer would
have to be compiled manually by reviewing the records of the appointment
and promotion bodies since 1982. Computer-generated statistics concern
ing staff whose fixed-term appointments have been converted into career
appointments are, however, available only with respect to staff on board
at present (the latest statistics refer 31 January 1986) and do not show
whether the conversion into career appointments took place before 1982 or
after. Nevertheless, they are attached in Tables Il (a) and Il (b). They
indicate that of the 1,459 staff members on career appointments who were
formerly on fixed-term appointments, some 1,214 (i.e.830Jo),had periods
of service of fîve years or less.
Question 3
Of the staff members referred to in the second question above, how
many had been serving on secondment from (a) another international
organization, (b) a national administration, prior to receiving a career
appointment in the Secretariat?
Answer
There are no computer-generated statistics showing how many staff on
career contracts were initially on fîxed-term appointments on secondment
from other international' organizations. There are relatively few such
officiais.
Tables IV (a)and IV (b)provide statistics as o31 January 1986 concern
ing staff on career appointments who previously held fixed-term appoint
ments on secondment from a national administration. There were 16 such
officîals on board as of 31 January 1986. It should be noted in this context
that, as recalled in the Answer to Question 1above, Mr. Liviu Bata, whose
secondrnent had expired, was thereupon given a fixed-term, rather than a
career appointment; this case is, therefore, not included in the above
figures. TABLE l (a).fIXED-TERM STAFF IN POST SUBJECT TO GEOGRAPHICAL DISTRIBUTION, BY REGION AND LENGTH OF SERVICE ....
N
(As of 31 January 1986)
Years Asia and the Europe Europe N. America
of Service Africa Pacifie (Eastern) (Western) Latin AmericaMiddle East and Caribbean Others Total
up to5 134 125 292 162 61 44 112 7 937
6-10 31 31 lO 24 lO 9 20 1 136
li+ 19 9 4 24 12 4 8 1 81
TOTAL: 184 165 306 210 83 57 140 9 1 154
~
..
~
TABLE J (b).FIXED-TERM STAFF IN POST SUBJECT TO GEOGRAPHICAL DISTRIBUTION, BY REGION AND LENGTH OF SERVICE >
s
(As of 31 January 1986) z
Years Asia and the Europe Europe N. America ,.
of Service Africa Pacifie (Eastern) (Western) Lalin AmericaMiddle East and Caribbean Others Total
i::
~
up to 1 27 49 108 67 21 18 33 3 326 ~
2 19 22 47 26 13 7 32 1 167
3 31 17 62 30 14 4 16 174
4 34 22 59 19 8 5 20 3 170
5 23 15 16 20 5 lO 11 100
6 13 9 6 6 1 2 4 1 42
7 7 12 8 3 3 6 - 39
8 6 7 2 6 2 3 6 32
9 3 1 1 - 1 6
lO 2 2 1 4 4 1 3 - 17
Il+ 19 9 4 24 12 4 8 1 81
210 83 57 140 9 1 154
TOTAL: 184 165 306 TABLE II (a). GEOGRAPHICAL STAFF ON CARRER CoNTRACTS, BY REGION AND LENGTH OF SERVICE AS NoN-CAREER
(As of 31 January 1986)
Years Asiaand the Europe Europe N, America
of Service Africa Pacifie (Eastern) (Western) Latin America Middle East and Caribbean Others Total
up to 5 180 212 4 283 105 54 362 14 1 214
6-10 53 26 2 58 27 19 28 2 215
li+ 7 J 6 5 4 5 JO
TOTAL: 240 241 6 347 137 77 395 16 1 459
,.
TABLE II(b). GEOGRAPHICAL STAFF ON CAREER CoNTRACTs, BY REGION AND LENGTH OF SERVtcE AS NoN-CAREER ,.
(As of 31 January 1986) "'
0.
z
Years Asia and the Europe Europe N. America
of Service Africa Pacifie (Eastern) (Western) . Latin America Middle East and Caribbean Others Total z'
"'
up to 1 38 112 - 99 47 15 175 7 493
2 56 46 2 70 JO 8 88 2 302
J 28 15 1 29 li 9 39 132
4 JI 18 1 35 5 8 38 2 138
5 27 21 50 12 14 22 J 149
6 24 8 1 21 7 6 9 1 77
15 6 6 9 54
7 11 7 - 42
8 10 5 1 13 6 2 4' 1
9 4 5 J 5 J 2 22
10 4 1 - 6 J 2 4 - 20
li+ 7 J 6 5 4 5 JO
TOTAL: 240 241 6 347 137 77 395 16 1 459 "'..
wTABLE Ill(a). FIXED-TERM STAFF, in POST SuBJECT TO ÜEOORAPHICAL DISTRIBUTION ON SECONDMENT FROM THEIR GovERNMENT, ....
BY REGION AND LENOTH OP SER VICE ...
(As of 3/ January /986)
N. America
Years A.riaand the (Eastern) (Western) latin A·mericaMiddle East and Carlbbean Others Total
of Service Africa Pacifie
up to 5 9 31 292 16 4 2 li 365
6-10 9 12 10 6 - 2 39
li+ 7 1 4 9 2 2 2 - 27
TOTAL: 25 44 306 31 6 4 15 431
~
t:
TABLE Ill (b).FuŒo-TERM STAFF IN POST SuBJECT TO GEOORAPHICAL DISTRIBUTION ON SECONDMENT FROM THEIR GOVERNMENT, >
BY REGION AND LENGTH OF SERVICE ::!
z
(As of 31 January /986) .,,
N. America i
Years Asia and the (Easlem) (Wesiern) Latin America Middle Eas! and Coribbeon Olhers Total ~
of Service Africo Pocific
~
up to 1 2 7 108 4 1 1 2 - 125 ~
2 6 47 3 1 4 - 61
3 1 9 62 4 - 1 - 77
3 7 59 2 2 2 75
4 3 27
5 3 2 16 3 - 14
6 3 5 6 -
7 2 4 2 - - 1 9
8 2 2 2 2 1 - 9
9 1 - 1 - 2
10 1 1 1 2 - - 5
li+ 7 1 4 9 2 2 2 - 27
4 15 431
TOTAL: 25 44 306 31 6 - '
TABLE JV(a). ÜEOGRAPHICAL STAFF ON CAREER CONTRACTS PREVIOUSLY ON SECONDMENT FROM THEIR ÜOVERNMENT, BY REGION
AND LENGTH OF SERVICE AS NON-CAREER
(As of 31 Januory 1986)
Years Asia and the Europe Europe N. America
of Service Africa Pacifie (Eastern) (Western) Latin America Middle East and Caribbean Others Total
up ta S 1 2 2 1 8
2 7
6-10 5 1
ll + 1
TOTAL: 7 2 2 3 16
TABLE IV (b).ÜEOGRAPHICAL STAFF ON CAREER CONTRACTS, PREVIOUSLY ON SECONDMENT FROM THEIR ÜOVERNMENT, BY REGION
AND LENGTH OF SERVICE AS NoN-CAREER
(As of 31 Jonuory 1986) ;
~
Years Asia and the Europe Europe N. America
of Service Africa Pacifie (Eastern) (Western) Latin AmericaMiddlt Easl and Caribbean Others Total
~
up to 1
2 2
3
4 3
3
5
6 2 2
7 2 2
8 1 2 3
9
JO
ll+ 1
TOTAL: 7 2 2 3 16 V,
Source: Planning and Information Section, Personnel Data Unit, OHRM, 23 March 1987.276 APPLICATION FOR REVIEW
Table III (a)shows, as of 31 January 1986, the number of staff on fixed-term
appointments on secondment from national service and Table Ill (b)shows that
850J'oof these staff have served for less than five years.
Question 4
Can similar detailed information be given as to the practice prior to 1982 as
to consideration of staff members on fixed-term appointment for career
appointment, to supplement the background documentation in Part II of the
dossier?
Answer
The figures given in Table Il (a)and II (b)seem to îndicate that even prior to
the adoption of resolution 37/126 and the creation of a right to consideration,
in actual practice the usual period for the cohversion of fixed-term contracts
into career appointments was, in the great majority of cases, less than five years.
57. THE REGISTRAR TO THE AMBASSADOR OF THE UNION OF SOVI1T SOCIALIST
REPUBLICS TO THE NETHERLANDS
22 May 1987.
I have the honour to inform you, pursuant to Article 67 of the Statute of the
Court and Article 108 of the Rules of Court, that a public sitting of the Court
will be held on Wednesday 27 May 1987at 3 p.m. for the purpose of delivering
in open court the Advisory Opinion requested of the Court by the Committee
on Application for Review of Administrative Tribunal Judgements in the case
of the Application for Review of Judgement No. 333 of the United Nations
Administrative Tribunal, in respect of which the Government of the Union of
Soviet Socialist Republics filed a written statement pursuant to Article 66 of the
Court's Statute.
(Signed) Eduardo V ALENCIA-0SPINA.
58. THE REGISTRAR TO THE SECRETARY-GENERAL OF THE UNITED NATIONS
(te/ex)
25 May 1987.
I have the honour to inform you, pursuant to Article 67 of the Statute of the
Court and Article 108 of the Rules of Court, that a public sitting of the Court
willbe held on Wednesday, 27 May 1987, at 3 p.m., for the purpose of deliver
ing in open Court the Advisory Opinion requested of the Court by the Commit
tee on Application for Review of Administrative Tribunal Judgements in the
case of the Application for Review of Judgement No. 333 of the United Nations
Administrative Tribunal.
1A similar communication was also sent to the Minister for Foreign Affairs of ltaly,
ta the Legat Adviser of the United States Department of State and the Ambassador of
Canada ta the Netherlands. CORRESPONDENCE 277
59. THE REGISTRAR TO THE SECRETARY-GENERAL OF THE UNITED NATIONS
27 May 1987.
I have the honour to send you herewith five plain copies of the Advisory
Opinion given today by the International Court of Justice in the case concerning
Application for Review of Judgement No. 333 of the .United Nations Admini
strative Tribunal.
I shall have the pleasure of delivering to you in person the sealed copy of the
Opinion referred to in Article 109of the Rules of Court, when I arrive at Head
quarters next week.
60. THE REGISTRAR TO THE AMBASSADOR OF THE UNION OF SOVIET SOCIALIST
REPUBLICS TO THE NETHERLANDS 1
27May 1987.
I have the honour to send you herewith, in accordance with Article 109of the
Rules of Court, a copy of the Advisory Opinion given today by the International
Court of Justice in the case concerning Application for Review of Judgement
No. 333 of the United Nations Administrative Tribunal.
2
61. LE GREFFIER AU MINISTRE DES AFFAIRES ÉTRANGÈRES D'AFGHANISTAN
12 août 1987.
Conformément à l'article 109du Règlement de la Cour, le Greffier de la Cour
internationale de Justice a l'honneur de transmettre sous ce pli un exemplaire
de l'avis consultatif rendu par la Cour le 27 mai 1987 au sujet de la Demande
de réformation du jugement n° 333 du Tribunal administratif des Nations
Unies.
D'autres exemplaires seront expédiésultérieurement par la voie ordinaire.
1A similar communication was also sent to the Minister for Foreign Affairs of Italy,
to the Legal Adviser of the United States Department of State and the Ambassador of
Canada to the Netherlands,
2 Une communication analogue a étéadresséeaux autres Etats admisà ester devant la
Cour.
Correspondance