Reading of the Advisory Opinion - Public Sitting held at the Peace Palace, The Hague, on 27 May 1987, the President, Judge Nagendra Singh presiding

READING OF THE ADVISORY OPINION

PUBLIC SITTING

held at the Peace Palace, The Hague, on27 May 1987,
the President, Judge Nagendra Singhpresiding

LECTURE DE L'AVIS CONSULTATIF

AUDIENCE PUBLIQUE

tenue au palais de là La Haye, le 27 mai 1987,
sous la présidencede M. Nagendra Singh, Président PUBLIC SITTING (27 V 1987, 3 p.m.)

Present: President NAGENDRS AINOH ;Vice-President MBASE ;Judges LACHS,
RUDA,ELIAS,ODA, Aoo, SETTE-Cm, SCHWEBEL S,ir Robert JENNINGS,
BEDJAOUIN ,I, EVENSENT ,ARASSOV R:egistrar VALENCIA-OSPINA.

READINGOF THEADVISORYOPINION

The PRESIDENT: The Court meets today in order to deliver in open Court,
in accordance with Article 67 of the Statute, the Advisory Opinion requested of
it bv the Committee on Aoolication for Renew of ~dministrativeTribunal
~udgements in the case coniérning Application for Review of Judgement No.
333 of the United Nations Administrative Tribunal. That Judgement was given
by the Tribunal in proceedings brought against the Secretaj-General of the
United Nations by Mr. Vladimir Viktorovich Yakimetz.
In accordance with the usual practi1eshail not read the opening paragraphs
of the Opinion, which deal with the procedural history of the case and the facts
of the case as found by the Tribunal. For the understanding of what follows,
1 shall indicate some of these salient facts, but 1 must emphasize that the

Advisory Opinion contains a much fuller summary.
Mr. Yakimetz, a national of the Union of Soviet Socialist Republics. was
emoloved bv the United Nations from 1969 to 1974. and re-entered United
aii ion eriicc in 1977on a five-year fixcd-tcrm appointment on secondmeni
from ihc USSR Government. His appointmeni was exiended for one ycar expir-
inn on 26 Decemhcr 1983: early in 1983, hc was asked wheiher he would bc in
a Position to accept a further extension of his contract. On 9 February 1983the
Applicant applied for asylum in the United States of America, and on IO
Februarv 1983he informed the USSR authorities that he was resianina from al1
position; he held in rhc Soviet Govcrnmcnt, and ihat he had made an applica-
tion io the Governmeni of the UnitedStaies of America requesiing asylum. On
25 Ociober 1983,the Aoulicant raised the question of further extension of his
contract. due to expiron 26 December 198j. or even better, a career appoint-
ment. On 23 November 1983he was informed that it was not the intention of
the Oraanization to extend his fixed-term appointment. In subseauent cor-
respondence, the Applicaitt relied ona resokiion of the General ~ssembly,
resolution 37/126, by which the CieneralAssembly decided "that staff members
on fixed-termappointments upon completion of five years continuinggood ser-
vice should be given every reasonable consideration for a career appointment".
The Applicant's employment with the United Nations came to an end on 26
December 1983: on 6 January 1984the Applicant filed an Application to the
United Nations Administraiive Tribunal.on 9 January 1984;Be subntitted a
personal history form to the United Nations. by way of application for furthcr
employmeni. At this time certain statements by United Nations officiais
reported in ihe press suggested that the reabon for the cessation of his employ-
meni was opposition by the Government of the USSR.
The Advisorv Ooinion sets out the statement bv the Tribunal of the orincioal
conientions of~he;\pplicant and the es pond e n;. the legal issues;nvol;ed
in the case. II then proceeds Io give ihe following summary of the Judgement244 APPLICATION FOR REVIEW

[The President reads paragraphs 10 to 96 of the Opinion '.]

1 now cal1upon the Registrar to read the operative clause of the Advisory
Opinion in French.

[Le Greffier Litle dispositif en français'.]
Judge Lachs appends a declaration to the Advisory Opinion of the Court.
Judges Elias, Oda and Ago append separate opinions to the Advisory Opinion
of theCourt. Judges Schwebel,Sir Robert Jennings and Evensen append dissen-
ting opinions to the Advisorv Opinion of the Court.

Ïn accordance wirh esiabliihed-prnctice. the Advisory Opinion ha5 becn read
ioday from a mimcographed text; ihe usual prinied cdiiion will be availablin
due course.

The sitlingisclosed.

(Signed) NAGENDRA SINGH,

President.

(Signed) Eduardo VALENCIA-OSPINA,

Registrar.

'I.C.J. Reports1987, pp.20-72.
C.I.J. Recueil1987, p. 72.