CORRESPONDENCE
CORRESPONDANCE 1. THE REOISTRAR TO THE SECRETARY-OENEPAl OF THE UNITED NATIONS
Il septekber 1984.
I have the honour Io acknowledee receiot of the letter of 28 Aueust 1984
uhercby Your 6rillcncy informed ihe ~res;dent of the Couri that the-~ommit-
tee on Applications for Keviewof AdministrativeTribunal Judgements had on
23 Augusi 1984 decidcd Io request of ihe Internaiional Court of Jusiicc an
adiisory opinion on an applicaiion for the review of Judgement No. 333of the
United Nations Administrative Tribunal. and to inform vou that vour Iciter.
with which you transmitted certified copies of the ~nglish and ~rekh texts of
the Committee's decision, was duly filed in the Registry on the date of ils
receiot. namelv 10 Seotember 1984.
1naccordanCewith Article 66, paragraph 1,of the Statute of the Court, 1shall
he notifying al1States entitled to appear hefore the Court of the request for an
advisorv o~inion. 1shall shortlv transmit to vou a coov of the ~rinted Reauest.
contain'ing'thetext of your lettir in English and ~renih, as transmitted to ihosi
States.
1 have taken note that in accordance with Article 65, paragraph 2, of the
Statute of the Court you will he transmitting Io the Court al1documents likely
to throw light upon the question. 1have further taken note that, in accordance
with Article II. oaraeranh 2. of the Statute of the United Nations Adminis-
trative ~rihunal',;ou uill'be a;ranging for thc irançmi5sion to the Couri of such
\ieu,s as the pcrson in rejpesi of whom Judgemcni No. 333 was rendercd may
wish Io submit.
(Signed) Santiago TORRES BERNARDEZ.
2. THE DEPUTY-REOISTRAR TO THE SECRETARY-CENERAL OF THE
UNITED NATIONS
28 September 1984
1have thehonour to refer to your letter of 28August 1984,hy which you were
good enough to communicate to the Court a decision taken on 23 August 1984
by the Cornmittee on Applications for Review of Administrative Tribunal
Judgements concerning a request for advisory opinion. Today, in accordance
with Article 66, paragraph 1, of the Statute of the Court, 1have noiified al1
States entitled to appear hefore 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 yourletter in English and French, as transmitted
to those States.
In connection with this Request, 1have the honour to draw your attention Io
Article 66, paragraph 2, of the Statute of the Court, which provides:
"The Registrar shall also, hy means of a special and direct communica-
tion, notify any State entitled to appear hefore the Court or international
oraanization considered hv the Court. or. should it not he sittin-. by the
~r&ideni. as IikelyIo be able to furnish information on the question, that
the Couri will be prcparcd to rcccive. wiihin a lime-limit Io he fixed by thc248 APPLICATION FOR REV~EW
President, written statements. or Io hear, at a public Sittingto be held for
the purpose, oral statements relating to the question."
In pursuance of this provision, 1have the honour to inform you by this special
and direct communication that in the oresent case the United Nations and its
member States have been considered b; 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 has fixed 14
December 1984as the time-limit for the submission of written statements. The
subsequent procedure has been reserved for further decision.
1am further to inform vou 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 availahle to the Court in both the official
languages of the Court (English and French).
(Signed)Eduardo VALENCIA-OSPINA.
3. LE GREFFIER ADlOlNT AU MINISTRE DES AFFAIRES ÉTRANOERES
D'AFOHANISTAN
28 septembre 1984.
J'ai l'honneur. en execution de l'article 6.. oa-.eraohe 1.du Statut de la Cour
internationale de Justice. de faire tenir ci.joint A Votre Excellence un exem-
plaire. imprimépar lessoins du Grcffe, de la requéte pour avis consultatif trans-
mise i la Cour par le Secrttaire général deI'Organisation des Nations Unies en
vertu d'une décisiondu Comité desdemandes de réforinaiion de jugements du
Tribunal administratif en date du 23 aoüt 1984.
28 septembre 1984.
IIest connu de Votre Excellenceque. le 23aoit 1984,leComitédesdemandes
de rtformation de jugements du Tribunal adminibtratif des Uations Unies a pris
la decision suivante :
«Le Comite des demandes de reformation de iueements du Tribunal
administratif,à la 4eseance de sa vingt-quatrième &ion, tenue le 23 août
1984,a decide que la demande de reformation du iugement no 333du Tri-
bunal a~~ ~ ~~ ~tif rendu ~ G~nkve le 8 .~~n 1~~~~renose sur des bases
serieuse>au sens de l'article 1I du statut du Tribunal.
En conséquence.le Comitédes demandes de réformation de jugements
du Tribunal administratif orie la Cour internationale de Justice de donner
un avis consultatif sur les questions suivantes:
' Une communication analogue a 61.4adresséeauxautresEtatr admisAester devant
la Cour. CORRESWNDENCE 249
« 1) Dans son jugement no333, du 8juin 1984(AT/DEC/333), le Tri-
bunal administratif des Nations Unies a-t-ilnauéd'exercer sa iuridic-
iion en ne répondant pas i la quesiion de savoir s'ilexistait un ohstacle
juridique au renouvellement de l'engagement du requérant à I'Organi-
Salion-des Nations Unies aorks la venue à exoiration de son contrat le
26 décembre 1983?
2) Le Tribunal administratif des Nations Unies, dans le même juge-
ment no 333, a-t-il commis une erreur de droit concernant les disposi-
tions de la Charte des Nations Unies?))
Le texte de cette décision est parvenu au Greffe de la Cour le 10septembre
1984. Sous le couvert d'une lettre en date d'aujourd'hui une édition imprimée
en a étécommuniquée à Votre Excellence en exécutionde l'article 66, para-
graphe 1,du Statut de la Cour.
Le paragraphe 2 du même articledu Statut prévoit:
«à tout Etat admisà ester devant la Cour àttoute o-ganisation internatio-
ndlc jugés. parla Cour ou par le Présidenisi elle ne siCgcpas. susccptibles
de fournir des renseignements \ur la question. le Greffier iaii eonnaiire.
par communication rpécialeet 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 connaîàrVotre Excel-
len~~...ar laorésentecommunication soécialeet directe. au'en I'esp&ceet à ce
jour 1'0r~an;sation des Nations Unies étses Etats ~embies ont éié jugéspar
le Présidentsusceptibles de fournir des renseignements sur la question et que,
nar ordonnance datée du 13 seotembre 1984.~dontun exemolaire est ioint. le
krésident a fixéau 14décembre1984la date d'expiration du'délaipou; la pré-
sentation d'exposés écrits.La suite de la procédure est réservée.
Au cas~ ~ vo~ ~~-~uve~nement désireraitse orévaloirde la facultéaui lui est
ouverte de prisenter un erposéécritdans ledélai ainsifixé.j'aiiasherais du prix
a en Cireinforme aussitoi que possible. J'aioute que l'exposédevrait 2irc rédigé
soit en français soit en anglais, languesficiell& de la cour (article 39, para-
graphe 1, du Statut).
5. THE SECRÈTARY OF THE COMMITTEE ON APPLICATIONS FOR REVIEW OF
ADMINISTRATIVE TRIBUNAL JUDOEMENTS TO THE REOISTIUR
8 October 1984.
Further to mv letter of 4 Seotember 1984. 1 am sendinr you herewith three
copies (in ~n~lish, French and Spanish) of the report of ihe Committee on
Applications for Reviewof Administrative Tribunal Judgements (A/AC.86/30)
reflectina its deliberations at the twenty-fourth session and decisions on the
applicaiGns submiited by Mr. ~akimci;, Mr. Large and hlr. Fischman.
1 am also attaching threc copies of the verbatim record of the 5th meeting of
ihe Commitiçe at which in accordance with oaragraph 4 oi Ariiile VI1of ihe
rules of procedure, the decision of the ~ommittëe on the application of Mr.
Yakimetz was formally announced and memhers 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 X1 of the Committee's rules of
procedure.
(Signed) Vladimir GOLITSYN.250 APPLICATION FOR REWEW
6. THE REGISTRAR TO THE SECRETARY OF THE COMMlTTEE FOR REVIEW OF
ADMINISTRATNE TRIBUNN JUDGEMENTS
18 October 1984
Thank you for your letter of 8 October 1984enclosing copies of the Report
of the Committee on Annlications for Review of Administrative Tribunal
Judgements (~/~~.86/30jreflectin~ its deliberations at the twenty-fourth ses-
sion and decisions on the applications submittedby 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 an. .cation of Mr. Yakimetz was
formally announced.
7. THE LEGAL ADVISER OF THE UNITED STATES OEPARTMENT OF STATE TO THE
DEPUTY-REGISTRAR
21 November 1984.
1have the honor to refer to vour letter of 28 Seotember 1984addressed to the
Secretary of State of thenited States of me ri nithat letter you inform the
United States,pursuant Io Article 66, naragraph 2, of the Statute of the Court,
that the united Nations and its member States have been considered bv the
I'resideni of the Court as likely to be able to furnish information to the court
on questions raised in the request of 23 Augu\t 1984 (rom the United Nations
~ommittee on A~niications for Review of Administrative Judnements for an
advisory opinion Concerning Administrative Tribunal ~ud~erient No. 333,
which was delivered at Geneva on 8 June 1984.
1have the honor to advise the Court that the United States intends to avail
itself of the right to present a written statement to the Court in this case.
1have been informed that the United Nations has requested that the time-
limit fixed bythe 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 LEON COUNSEL OF THE UNITED NATIONS TO THE REGISTRAR
26 November 1984.
1have the honour to refer to the Order of 13Sentember 1984in respect of
the Application for Review of Judgernenl No. 333 of the United arions
AdrninMrarive Tribunal. which Order fixes 14December 1984as the time-limit
within which written statements mav be submitted to the Coitrt in accordance
with Ariicle 66. paragraph 2. of théStatute of the Court.
On behalf of the Sccrciary-General 1would likc to seek ati extension of time
until 28 February 1985in which to file the Writtcn Statemeni 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 General Assembly has made it
impossible to complete the Written Statement by the date fixed. CORRESPONDENCE 251
1also 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 will be available by 14 December 1984.
Counsel for Mr. Yakimetz is being informed of this request.
9. THE RECISTRAR TO THE LEGAL COUNSEL OF THE UNITED NATIONS
(telex)
30 November 1984.
With reference to your letter of 26 November 1984.transmirted by lacsimile.
concerning the lime-limit for the submission of written statements in the case
concerning the Applicotion for Review of Judgemenl No. 333 of the. United
Nations Adminisrrotive Tribunol. 1 have the honour Io inform you that by
Order dated 30 November 1984the President of the Court has extended that
time-limit to 28 February 1985. Member States are being advised forthwith by
letter.
10. THE REGISTRAR TO THE LEGAL ADVISER OF THE UNITED STATES DEPARTMENT
OF STATE
30 November 1984.
1have the honour Io acknowledge receipt of the letter dated 21 November
1984, addressed to the Deputy-Registrar, by which you were so good as Io
inform the Court that the United States intends to avail itself of the right to
present a written statement to the Court in the proceedings on the request for
an advisory opinion concerning an Applicarion for Review of Judgernent No.
333 of the United Notions Administrative Tribunal.
Having noted, further, that your Government would find convenient an
extension of the lime-limit for the filing of such a statement. 1wish to advise
you that the President of theCourt has today made an Order whereby, follow-
ing a request made on behalf of the Secretary-General of the United Nations,
the lime-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 ETRANGERES
D'AFGHANISTAN '
30 novembre 1984.
J'ai l'honneur de me référerà la lettre que le Greffier adjoint vous a adressée
le 28 septembre 1984au sujet de la requêtepour avis consultatif soumise à la
' Une communication analogu eété adressCeauxautresEtatsadmis Aester devantla
Cour. Lemèmeenvoia 6téfaitauSecrétairegénéd reil'organisationdesNationsUnies.252 APPLICATION FOR REVIEW
Cour et qui concerne une Demande de réformation du jugement no 333 du
Tribunal rrdminisrratifdes Nations Unies. IIétaitnotamment indiquédans cette
lettre que le Président de la Cour avait fixéau 14 décembre 1984 la date
d'expiration du délaipour la présentation d'exposés écrits Claour, en applica-
tion de l'article 66, paragraphe 2, du Statut.
II m'incombe aujourd'hui de porter à votre attention que, le Secretaire
eénéral deI'Oraanisation des Nations Unies avant demandéun reoort. le Prési-
dent a pris au;ourd9hui une ordonnance prorogeant le delai p&vu jusqu'au
2Rfévrier 1985. Un exemplairede cette ordonnance est joint Ala présentelettre;
des exemplaires imprimes seront ulterieurement transmis par les voies habi-
tuelles.
12. THE LEGAL COUNSEL OF THE UNITED NATIONS
TO THE REGISTRAR
14 December 1984.
I have the honour ru rcfer ro rhe Orders of 13 September 1984 and 30
November 1984in respect of the Applrcarronfor R~erewof Judgemenr No. 333
of rhe UniredNarrons Admrnrsrrarri,eTrrbunal and tu my letrer of 26November
Ï984 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 bv 14 December 1984.
On behalf of the ~ecretary-General I wishto advise that copies of the dossier,
30 each in English and in French were today dispatched to the Court. A copy
in each laneuaee was also transmitted to counsel for the Aoolicant.
As the pr;c&ding before the Tribunal and the Committee Applications for
Review ofAdministrative 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 II of
the dossier concentrates on the direct drafting history of tbese provisions. while
Part 1contains the documents directly relevant to the proceedings. If the Court
wishes any further background information, perhaps in the light of any Written
Statements subseauentlv submitted. the Secretarv-General would. of course.
be pleased to submit any additional documentaiion deemed relevant by the
Court.
13. THE AMBASSADOR OF THE UNION OF SOVIET SOCIALISTREPUBLICS TO THE
NETHERLANDS TO THE REGISTRAR
3 January 1985.
In reply to your letters No. 72530 and No. 72531dated 28 September 1984
1have the honour, in accordance with the instruction which 1have received, to
send to you the remarks of the Soviet side concerning the questions submitted
to the International Court of Justice for advisory opinion. CORRESPONDENCE 253
14. THE FIRST SECRETARY TO THE AMBASSADOR OF THE UNION OF SOVIET
SOClALlST REPUBLICS TO THE NETHERLANDS
3 January 1985.
1have the honour to acknowledge receipt, with Your Excellency'sletter of
todav's date. of the written statement submitted byyour Government in the pro-
ceedings on a request for advisory opinion concerning an Application for
Reviewof Judgement No. 333 of the United Nations Administrative Tribunal.
(Signed) C. Poux.
15.THE RRST SECRETeY 70 THE LEOAL COUNSEL OF THE UNITED NATIONS
4 January 1985.
1have the honour to acknowledae 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 cou11 in the oroceedinas on the reauest for advisorv opinion con-
cetning an ~~p)rcationjor~eview ofi~d~ement~o. 333ojrhe ~nired Notions
Adminlrtrnrive Tribunal. as also of the 30 sets of those documenis in English,
and 30 in French. whose dis~atch vour letter announced
Note is further taken of thé~ecreiar~-~eneral'sreadiness to submit any addi-
tional documentation deemed relevant by the Court.
16. LE CHEF DU SERVICE DU CONTENTIEUX DIPLOMATIQU DEES TRAITES ET DES
AFFNRES LÉGISLATNES DU MINISTERE DES AFFNRES ÉTRANOERESDE L*lTALIE
Rome, le 23 février1985.
J'ai l'honneur, en me réfbrantAvotre lettre du 28 septembre 1984,de vous
faire tenir ci-ioint I'exooséécritdu Gouvernement italien au sujet de la requête
pour avis consultatif iransmisA la Cour par le Secrétaire des ~ations
Unies en vertu de la décisiondu Comitédes demandes de réformation de juge-
ments du Tribunal administratif en date du 23 août 1984
(Signd)Arnaldo SQUILLANTE.
26 February 1985.
1have the honour to transmit herewith a letter from the Secretary-General,
addressed to the President of the International Court of Justice, authorizing me
to 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 APPLICATION FOR RE~W
Pursuant to the above-mentioned authorization, 1 have the honour to
~ran~mit herewith for communication to the Court thirtv. .oies of the written
staiemeni on behallof the Sccretary-General and thirty copies of a wriiten siate-
ment setting forth the viewsof Mr. Yakimetz. the Applicani Io whom the above-
mentioned;ud~ement of the Administrative ~ribu&l relates
Thirty cipie;of French translations of the Secretary-General's written state-
ment will be despatched under separate cover prior to 28 February and tbirty
copies of a French translation of the written statement of Mr. Yakimetz will
follow shortly thereafter.
18. THE SECRETARY-GENERAL OF THE UNITED NATIONS TO THE PRESlDENT OF THE
INTERNATIONAL COURT OF JUSTICE
26 February 1985.
1 have the honour to inform vou that 1 have desienated Mr. Carl-Auxust
Fleischhauer. ~nder.~ecretary-Gé theeLcgll,ouis s el.he representativc
of the Sccretary-General in the proceedings of the Couri concerning the requesi
h~,the ~ommittee on ~ooli..tions foc Review of ~dministrative Tribunal
Judgements for an advisory opinion on the Application for Review of Judge-
ment No. 333 of fhe United Nations Adminisfrative Tribunal.
Mr. Fleischhauer is authorized to present written statements on behalf of the
Secretary-General in the matter before the Court.
(Signed) JavierPÉREZ DE CUÉLLAR
19. THE LECN ADVISER OF THE UNITED STATES DEPARTMENT OF STATE 70 THE
RECISTRAR
26 February 1985.
I have the honor to refer to my letter dated 21 November 1984. Tberein, 1
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). 1refer also to the Court's
Order of 30 November 1984 extending the time-limit for the submission of
pleadings in this caseuntil 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 TEE NETHERLANDS TO THE REGISTRAR
27 February 1985.
On behalf of Canada, 1have the honour to send to the International Court
of Justice the attached statement, in English and French, concerning the
Application for Review of Judgernent No. 333 of the United Nalions Admini-
strative Tribunal.
(Signed) L. A. H. SMITH. CORRESPONDENCE 255
J'ai l'honneur d'accuser rkce~tion de votre lettre du 23 Février1985 et de
l'exposeecrit du Gouvernement italien au wjet de la requête pour avisconsulta-
tif transmise à la Cour par le Secreiaire géneral des NationsUnie, en l'affaire
de la Demande de rdformarron du Jug.m.nt nu 333 du Tr~bunaladminrslrarif
des Nations Unies.
22. THE PRESIDENT OF THE INTERNATIONAL COURT OF JUSTICE TO THE
. SECRETARY-GENERAL OF THE UNITED NATIONS
28 February 1985.
1have 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-Aueust Fleischhauer. Under-Secretarv-Generalt.he Lepal Counsel. as vour
represeGative in the proceedings concehg the kequest-by the cornmittee
on A~~lications for Review of Administrative Tribunal Judnements for an
advisoj opinion on the Applicalion for Review of Judgernenr-NO. 333 of the
Uniled Nalions Administrative Tribunal.
28 February 1985.
1have the honour to acknowledge recei~tof vour letter of 26 February 1985.
transmitting a letter from the ~ecretary-Cenerai to the President of thekourt;
and transmitting also copies of the written statement on behalf of the Secretary-
General in respect of the request for an advisory opinion on theApplication for
Review of Judgemenl No. 333 of the United Nations Administraiive Tribunal,
and copies of a written statement setting forth the views of the Applicant to
whom that judgement of the Administrative Tribunal relates.
28 February 1985
1have the honour to acknowledge receipt of your letter of 27 February 1985.
with which Your Excellency was good cnough to transmit to me the written
statement of Canada concerning the request for advisory opinion on the
Applicalion for Review of Judgement No. 333 of the Uniled 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.
~ ~ ~ the~ho~ ~r to~acknowlede~ -eceiot of vour letter of 26 Februarv 1985.
uith which you weregood enough to transmit IO me the written siatement of
the United States of America concerning the request for advisory opinion on the
Applicution for Review of Judgemenr No. 333 of the Unrted Natron. Adni~ni-
strative Tribunal.
28 February 1985
1have the honour Io transmit a copy of a letter dated 25 February 1985from
Diana Boernstein Esq., Counsel for Mr. Yakimetz, in the matter of the
Advisorv Ooinion on the Aoolicution for Review of J-dzeme-i No. 333 of the
United or ion ~sminis1r;;ve ~ribukol.
Ms. Boernstein indicates that she will be on mission for the United Nations
until 19Anril and has reauested me to seek that the Court extend until six weeks
alter that date the time-lLmitfor submission of comments on written statements
submitted in this matter.
It is noted that the Court oreviouslv extended. at the reauest of the United
Nations, the time-limit for iubmission of writtén statements to 28 February
1985.TheUnited Nations considers that it would not be ~reiudiced bv the Court
granting the present request in respect of time-limits for cbmments-on written
statements.
The Counsel for Mr. Yakimerz IO the Legal Counsel of the United Notions
25 February 1985.
1leave on March 1 1985on official mission to several countries in Asia. This
mission was postponed from last October in order to meet the time-limit 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
15hould therefore be grareful ~fyou uould request the Court to extend until six
weeks after mr return the rime-limit for submission of Comments on the Writ-
ten ~tatements.
Mr. Sylvanus Tiewul has kindly agreed to act as liaison in this case during my
absence. Would you please send al1relevant material ta him for transmission
IO me.
(Signedl Diana BOERNSTEIN,
Counsel for Mr. Yakimetz. CORRESPONDENCE 257
5 March 1985.
By letter of 28 February 1985 1had the honour to acknowledge the receipt
of your letter dated 26 February 1985 whereby. pursuant Io Article 66, para-
graph 2, of the Statute of the International Court of Justice, you transmitted
to me a written statement on hehalf of the Secretary-General concerning the
Auulicution for Review of Judzernent No. 333 of rhe United Nulions Admini-
srru,ive Trihrinolon which an adb~soryopinion hi, been requested of the Court,
togçther uith the \leus of the Applicant IOwhom the Judgcment relates
1now have the honour to acknowledae recei~t of vour leiter of 28 Februarv
1985 forwarding a request, dated 25 ~ëhruary'1985,~subb myitounsel 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 oreiudiced
. .
by the granting of that request.
1 have further to inform you that, within the extended time-limit 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 105, paragraph 1, of the
Rules of Court. 1shall not fail to séndyou. in due course. the corres~ondine
translatiuns prepared in the Regi,try. ~Aur attention is drawn to th? fact thaï
tlic communicated statements have not yet been madc available tu 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 LOS,paragraph
2 (O), 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-limit for the submission of such comments.
The subsequent procedure having heen reserved, 1shall 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 IO THE AMBASSADOR OF THE UNION OF SOVIET SOC~ALIST
REPUBLICS TO THE NETHERLANDS '
5 March 1985
By a letter of 28 Septemher 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
Acommunicationin the rame termswas alsosentto theMinirterfor ForeignAffairs
of Italyand to the Arnbassadorrof Canada and the United States of Americato the
Netherlandr.258 APPLICATION FOR REVIEW
International Court of Justice concerning an Application for Review ofJudge-
ment No. 333of the UnitedNations 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 14December 1984had 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.
1 now have the honour to inform you that, within the lime-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 viewsof the per-
son to whom Judgement No. 333 of the Administrative Tribunal related,
namely Mr. Vladimir Yakimetz, and that, in addition to the Government of the
Union of Soviet Socialist Republics. those of Italy, 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 Government pursuant to Article 66,
oaraeranh 4 (last sentence). of the Court's Statute and Article 105...araa-.oh
i, ofthé RUI& of Court. l'shall not fail to make available in due course to your
Government the corresponding translations. I am also enclosing the Introduc-
tory Note with whichthe 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 theaid statements
and documents communicated to your Government have no1 yet been made
available to the public by the Court.
1also 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 writinn on the statement made or transmitted by anv other and has
fi~ed 31 May 1985a, ihç rinie-limii for ihe ,ubmission of such commentr.
The .uh~eqiieni procediire having bcenreserved. I shall no1fail to inform sou
in due course of such decision as the Court may take in the matter
8 March 1985.
~ ~ ~ ~the~ho~ou~ to acknowledee receint of thirtv cooies of the French
translation of the written statement submi'tted on behalf of the Secretary-
General and of thirty copies of the French translation of the statement setting
forth the views of ~r. ~akimetz in the matter of the Application for ~eview
of Judgement No. 333 of the United Nations Administrative Tribunal, which
were received in the Registry on 1 and 8 March 1985, respectively.
17 April 1985.
In my letter of 5 March 1985on thésubject of the written statements filed
in the case concerning an Applicalionfor Review of Judgement No. 333 of the CORRESPONDENCE 259
United Nations Administrative Tribunal 1 undertook to furnish you in due
course with corresponding translations.
1 have accordingly the honour to transmit to you herewith copies of an
Enalish translation of the written statement of ltalv toaether with French
trai'laiions ot those filcd rcspcctiicl) by the IJnii~nof S<ivici~ocialisi Republics
and hy the IJniied Statcs of Amcrisa. 1ti'ouldeniphasirc tlini these iranslatioti>.
prcnarcd bs ihe Kcrisiry for the ii*cof >leriibers oi [lie Couri. hn\c no oiiicial
Ehaiacter whatever;~ should further recall that the written statement of Canada
transmitted to you with the aforernentioned letter was suhmitted in both English
and French.
It will be recalled that the President of the Court bas 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 1 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 SOVIET SOC~ALIST
REPUBLICS TO THE NETHERLANOS '
17 April 1985
In my letter of 5 March 1985 on the subject of the written statements filed
in the case concerning an Application for Review of Judgemenr No. 333 of the
Unit~dNotionsAdminislrotive Tribunal 1undertook to furnish Your Excellency
in due course with corresponding translations.
1 have accordingly the honour to transmit to you herewith copies of an
Enelish translation of the written statement of ltalv to~ether with French
translations of ihose filed rcspecti\,ely by thc Union of ~o~~icÏ~ocialisrRcpublirs
and by thc Unitcd Sratcs of America. I would cmphasilc that ihcse tran~laiions.
. .oared bv the Reei-.rv for the use of Members of the Court. have no official
ihar3cter whatcter. I rhould iurthcr rccall that the uritren siaiement of Canada
transmitted Io you wiih ihc aforcmcntii~ned letirr was rubrnit~edin boih English
and French
Aljo rransmitied iviih thai Iciter werc the English vcrFionroi thc urirtçn \rai?-
nieni of the Sccrciarv-Gcncral of thc United Kation\ lensl<isina31so 3 sraienieni
presented on behalfbf the Applicant), and of the lntroductory~ote with which
he had prefaced the dossier of documents likely to throw light upon the question
on which an opiriion is required (Statute, Art. 65, para. 2). 1 now take the
opportunity of forwarding to you, in addition to the above-mentioned trans-
lations. the French versions of those documents.
Il will be recalled that the President of the Court has fixed 31 May 1985as
the time-limit for the submission of comments in writing on the statements made
or transmitted by any State or organization.
'A communicatianin thesameierrns was alsosentto theMinirterfor ForeignAffairs
of ltaly and to the Ambassadorsof Canada and the United States ofAmericata the
Netherlands.260 APPLICATION FOR REVlEW
32. THE LEOAL COUNSEL OF THE UNITED NATIONS TO THE REOtSTRAR
3 May 1985.
1have the honour to refer to your letter of 17Aprii 1985which recalled that
the President of the Court has fixed 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 concerning an Applicalion for Review of Judgemenr
No. 333 of the Unired Narions Administrarive Tribunal.
1 have the honour to transmit to the Court a copy of a letter dated 26 April
1985, which 1received on I May 1985,from Diana Boernstein, Esq., Counsel
for Mr. Yakimetz, which requests that the time-limit forsubmitting 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 Counselfor Mr. Yakimerz 10 the Legal Counsel
of the Unired Nations
26 April 1985.
Application for Review of JudgementNo. 333
of the Unired Nations AdminisrrariveTribunal
1acknowledge the receipt, upon my return from Asia on April 22nd. of the
written statementssubmitted nursuant to Article 66. oar-.raoh 2. of the Statute
of theCourt in the above-naied case. Two other sets of statements, forwarded
to me in Rangoon and in Manila, failed to reach me. 1note alsothat the Presi-
dent has set Ïhe time-limit for comments on the written statements as May 31,
1985.
With the consent of the Applicant, Mr. Yakimetz, and with regret, 1would
like to seek a further extension of the time-limit for submittine commentsntil
the end of June The reason for this request 8sa priorit)' assignment concerning
the African Drought Emergency. 1 understand that the Court'\ calendar is in
any case very fullat present, and therefore 1believe that this further extension
will not delay the consideration of the case.
33. THE RECISTRAR TO THE LEGAL COUNSEL OF THE UNITED NATIONS
(relex)
9 May 1985.
Have honour inform you that followinr Ms. Boernstein's letter. and notina
absence of objection on part of ~ecretary-General, President of Court ha;
extended time-limit under Article 66 (4) of Statute to Monday, 1 July 1985. A
formal letter in this sense is being sent to Secretary-General and States con-
cerned. CORRESPONDENCE 261
34. THE REGISTRAR TO THE LEGAL COUNSEL OF THE UNITED NATIONS
9 May 1985
With reference to the advisory proceedings on an Applicolionfor Review of
Judgemenr No. 333 of rhe United Nolions Adminislrorive Tribunol, 1have 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 lime-limit. and indicating that the Secretary-
General would have no objection to such an extension.
1am to inform you, accordingly. that the President of the Court, after con-
sideration, has extended from 31 May 1985Io I July 1985the lime-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. 1shall be grateful if you will kindly convey this deci-
sion Io counsel for Mr. Yakimetz.
The subsequent procedure remaining reserved, 1shall no1 fail Io inform you
of such further decisions as may be taken in the proceedings.
35. THE REGISTRAR TO THE AMBASSAOOR OF THE UNION OF SOVIET SOClALlST
REPUBLICS TO THE NETHERLANOS '
9 May 1985.
With reference to the advisory proceedings on an Applicotionfor Review of
Judgemenl No. 333 oflhe United Nolions Administrolive Tribunol. and further
to my letters of 5 March and 17 April 1985, 1have the honour 10 inform you
that the President of the Court has extended from 31 May 10 1 July 1985 the
lime-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 following the receipt from the Secretary-
General of a letter transmitting another in which a wish for such extension is
expressed by counsel for the person 10 whom the above-mentioned Judgement
No. 333 relates, and indicating that the Secretary-General would have no
objection.
The subsequent procedure having been reserved, 1shall not fail 10inform you
in due course of such further decisions as may be taken in the proceedings.
30.May 1985
1refer to your letter of 9 May 1985. concerning the advisory proceedings on
an Application for Review of Judgemenl No. 333 of the United Nolions
' Acommunicationinthesameterrns was alsasentio the Minisierfor ForeignAffairs
of lraly andto theAmbassadorsof Canada andthe UnitedStatesof America 10 the
Netherlands.262 APPLICATION FOR REVIEW
Administrative Tribunal1have 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
suhmission on this suhject which mighte sent to the Court.
37. THE REGIST TR AHERAMBASSADOR OFCANADA TO
THE NETHERLANDS
6 June 1985.
1 have the honour ta acknowledee receiot of the letter of 30 Mav 1985
whereby your Excellency has beenoid enough Io inform me that canada does
not intend Io suhmit any further written communication on the subject of the
advisory proceedings concerning aApplicationfor Reviewof JudgementNo.
333 of the United Nations Administrative Tribunal.
1shall not fail to keep the Canadian Government informedof the subsequent
procedure in this case and, in particular, to transmit to it copies of any further
suhmissions therein made, as you request.
38. THE LEOAL ADVISER OF THE UNITED STATESDEPARTMENT OFSTATE IO THE
REGISTRAR
27 June 1985.
1 have the honor to refer to your letter to Ambassador Bremer of 5 March
1985.in which vou communicated the decision of the President of theCourt to
invite commenis on the statements submitted by States and interested parties
regarding the request by the Committee on Applications for the Review of
Administrative~Ïibunal Judeements for an advisorv ooinion with resoect to
Tribunal Judgement No. 333 (~akimetz).1also referio the Court's subiequent
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 referenceta the advisory proceedings on aApplicationforReview of
JudgementNo. 333 of the United Nations Administrative Tribunaland in
respect of your letters dated 5 March and 9 May 1985, 1 bave the honour to
advise that thirty (30) copies in English and French of comments on bebalf 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.
1 have the honour Io acknowledge receipt with thanks of your letter of 28
June 1985concerning the Applicolion for Review of Judgemenl No. 333 of the
Unired Norions Adminisrrative Tribunal. and to confirm also recei~t of the 30
copies of thecommenis on behalf of the Secreiary-General and of the commenis
on the part of the Applicani. I noie ihat 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 Io transmit to Your Excellencv herewith two co~ies of the
written statements submitted by the Government 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 Judgemenr No. 333 of
the Unired Narions Adminislralive Tribunal, one copy of which you may wish
IO make available Io counsel for Mr. Yakimetz.
42. THE FIRST SECRETARY TO THE LEGAL ADVISER OF THE UNITED STATES
DEPARTMENT OF STATE
8 July 1985.
1 have the honour to acknowledge receipt of your letter of 27 June 1985,
~ ~nsmi~ ~ ~ u ~ ~ ~ ~en com~ ~t~ ~ ~the Governme-t~of the United Sta~e~ on
the written siatemenis submitted IO the Court puruant tu Article 66. paragraph
2, of the Statute of the Court in the case concerning Applicorion for Revien, of
Jude-~mr ~o. 333 ol the U.rred~ ~rions Admrnisrrarrve Tribunal.
1now have the honour to transmit Io 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-~ations, including comments by Mr. Vladimir
Yakimetz, the person to whom Administrative Tribunal Judgement No. 333
related.
These comments are transmitted in the language in which they were submitted
to the Court; 1 shall not fail to make availahle to your Government in due
course the corresponding translations.
The subsequent procedure in the case remains reserved.264 APPLICAT~ON FOR REV~EW
43. THE FLRST SECRETARY TO THE AMBASSADOR OF THE UNION OF SOVIET
SOClALlST REPUBLICS TO THE NETHERLANDS '
8 July 1985
1 ha5.ethe honour to refer to ihe Regisirar's letier of 5 hlarch 1985. uith
which weretranrmiited io Your Excellenc) copies of ihe written statements sub-
mitted to the Court Dursuant to Article 66. varaaraoh 2. of the Statute of the
Court in the case concerning Application /O; ReGew o/Judgement No. 333 O/
the United Nations Administrative Tribunal. In that letter mention was made
of the time-limit fixed for comments in writina on such written statements. our-
suant to Article 66,paragraph 4, of the statute, and by a letter of 9 ~a; i985
the Registrar informed you of the extension of that time-limit to I July 1985.
1now have the honour to transmit to Your Excellenc~herewith cooies of the
written comment, made on behalf of the ~ecretary-keneral of the United
Nations. including comments by llr. Vladimir Yakimetl. the perron to u,hom
Adniinistrative Tribunal Judaernent No. 333rrlatcd. and the urirten comments
of the Government of the ~nited States of ~meric'a.
These comments are transmitted in the language in which they were suhmitted
to the Court; 1 shall not fail to make available to vour 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 '
19 July 1985.
With reference to the Registry's letter of 8 July 1985,transmitting to you the
written comments submitted oursuant to Article 66, oaraaranh 4. of the Statute
of the Court in the case concerning ~pplicotion/or'~ev~ewo/ ~ud~ementNo.
333 o/the United Notions Administrolive Tribunal, 1now have the honour to
transmit to Your Excellency herewith the French translation. oreoared bv the
Registry. of the comments of the Government of the United %ate;of ~mérica.
45. THE REGISTRAR TO THE LEOAL COUNSEL OF THE UNITED NATIONS
25 July 1985.
With reference to the Registry'sletter of 8 July 1985,transmittina the written
comments submitted oursuÏnt to Article 66. v..aaraoh 4. of.~he st~ ~te o~ ~he
Court in the case concerning Applicalion/or Review O/ JudgemenlNo. 333 of
the United Nations AdministrativeTribunal, 1now have the honour to transmit
'A communication inthesameterms was alsosentIothe MinisterforForeignAffairs
of ltaly and to theAmbassadarof Canadato the Netherlands.
Acommunicationinthe rameterms was alsosentIotheMinisterfor ForeignAffaira
of Italy. to the LegalAdviserof the United States Depanmentof State and IO the
Ambasradorof Canada to the Netherlands. CORRESPONDENCE 265
10 you hcrcwith two copies of the French translation. prepared by thc Rcgistry.
of the comment of the Govçrnment of the United States of Amcrica You may
uish to make availablc one copy to counrcl for hlr. Yakimîtz.
2 August 1985.
1have 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 Applicationfor Review of Jlidgernenl No.
333 of the United Narions Administrarive Tribunal.
47. THE REOISTRAR TO THE AMBASSADOR OF THE UNION OF SOVIET SOClALlST
REPUBLICS TO THE NETHERLANOS '
2 August 1985
Further to the Registry's letter of 8 July 19851have the honour to transmit
to Your Excellency herewith the translations, provided by the United Nations
Secretariat, of the written commentssubmitted by Mr. Vladimir Yakimetz in the
case concerning the Applicationfor Review ofJudgernen1 No. 333 ofrhe Unired
Narions Adminisrralive Tribunal.
4 March 1986.
1 ha\,e the honour to transmit hereuith copy oi a coinmunication dated 26
February 1986 from the Counsel for Applirant in Applirorion for Hei,rrw O/
Jtrdgemenr No. 333 O/ rhe Unired Nurrons Arlrfirtirsrrariiz Tribunal.
The Counselfor Mr. Yakimerz Io the Legal Counsel
of rhe Unired Nalions
26 February 1986.
Mr. Vladimir Yakimetz attached. as Annex Bto his comments on the written
statements submitted to the International Court of Justice in his case, an
' Acommunicationinthesametermswas alsasent 10theMinisterfor ForeignAffairs
of ltaly. to theLegal Adviser of the United States Departmentof State and the
Ambassadorof Canada to the Netherlands.266 APPLICATION FOR REVIEW
analysis by Professor Alain Pellet at the request of the Co-ordinating Commit-
tee for lndependent Staff Unions and Associations of the United Nations
system. Professor 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.
Professor Pellet. dueto oressure of work. was not immediatelv able to check
the English translation to hake sure it accurately represented his text. He has
now done so. He apologizes for the delay, and requests that the attached list of
corrigenda 'be submitted to the Court.
LEOAL 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.
Corrigenda '
p. 5, line 1. "lt must also be noted" should read: "On rhe 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. lhough no1 wirhoul precaurions, . .."
p. 9, para. 12, ". . . it has erroneously substituted a competence
3 lines before residing in ..." should read: ". . . it has erroneously
end of page admilred lhal the Secrelary-General couldsurrender the
discretionary power . . ."'
p. 11, 4 lines ". . . and especially as the second sentence" should
before end read: ". .. alrhough the second sentence"
of page
p. 12, para. 15, "... erroneously substituted a competence connected
line 5 with .. ." should read: "... erroneously surrendered
the discretionary power available to him ..." '
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 analvsed to be . .." should read ". .. eirher, 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 . .." should read: ". . .elsewhere.
line II But . . ."
' Thesecorrectionshavebeenincorporatedinta the text.[Note by the Regirrry.]
«II a ainsisubstituéà tort,une compétence liéeau pouvoirdiscrktiannairedont il
dispose.»
' «Le Tribunala substitué, à tort, une compétenc eieeau pouvoirdiscretionnaire
reconnu parlaChartedans ce domaine au Secrétaireénéra l.,'expressionucampétencc
liée,ne semble pas avoir d'équivale nntanglais.268 APPLICATION FOR REVIEW
En conséquenceje vous envoie sous pli séparédes copies des exposésécrits
reçusdansledélaiprorogéau 28 février 1985,àsavoir d'une part un exposéécrit
présentépar l'organisation des Nations Unies, lequel comprend un exposé
rédigéau nom du Secrétaire générae l t un exposédes vues de M. Vladimir
Yakimetz, personneque concerne le jugement no 333du Tribunal administratif
des Nations Unies, et d'autre part des exposésécrits des Gouvernements du
Canada, des Etats-Unis d'Amérique, de I'ltalie et de l'Union des Républiques
socialistes soviétiques.
Sous pli séparéje vous envoie aussi des copies des exposésécritsreçus dans
le délai prorogéau Icr juillet 1985à savoir des exposésprésentésau nom du
Secrétairegénéral del'organisation desNations Unies et deM. Yakimetz et un
exposédu Gouvernement des Etats-Unis d'Amérique.
20 November 1986.
I refer to your Ieiter23fOctober 1986by which you advised meof apparent
defecis in paragraph 19oi the Engli\h version of the comment5 of the Applicani
in the advisorv oroceedinns on the A~~licorion for Review of Judnemenr No.
333 oJrhe unlied ~orions-~dmmrsrroi~.ve u ri bu hlu requësted chnt the cor
reci ie~i of that paragraph be supplieIOyou and, in respome 10ihai rcquest.
I enclose a cony of a lelier daied II November 1986irom Coun\el ior A~nli-
cant, togetherwith which she transmitted to us a copy of the correct tex;..
The Counsel Jor Mr. Yokimerz 10 rhe Legol Counsel
of the United Nations
Il November 1986.
1attach a copy of page8of the Comments of the Applicant in relation to the
advisory proceedings on the A~~licorion /or Review of Judgemenr No. 333 of
the ~nired ~otions~dministr~r;ve ~ribunol. which containsoart of . -.eranh
19. The last line of the page appearsto have beenornitted from the version sent
to the International Court of Justice.
1would begrateful if you would transmit the correcied full pageto the Court.
and convey my apologies for not having noticed before that the line wasmi5ring
irom the tex1as reproduced.
53. THEREGISTRAR TOTHEMlNlSTER FOR FOREIGN AFFAlRSOFANTIGUAAND
BARBUDA '
15 December 1986.
1 have the honour to refer to my letter of 4 November 1986 in which 1 in-
formed you that 1 was iorwarding to you under separate cover copies of the
' A communicationin thesameiermswar alsosentto theMinisterof ForeignAffairs
of Italy, io the Legal Adviser of the United StatesDepartmentof Stateand to the
Ambassadorof Canadato 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 Aonlicant Mr. Vladimir Yakimetz on the written statements
$ubmittcd io the Inierniirional Cuuri oi Jujticc in the nialier oi the Applr<aiion
lor Hrirrb< of Judxrmr*nr A'u. 333 01' rhr U~rrrr,d.Vul~otzvA[l»i~ni~rrurivt*
ribu bu n waiincomol. ~~~.ne line of .~ra-ra.h 19 havine-been omitted al the
bottom of page 8. 1am therefore forwarding to you herewith the corrected text
of that Daneas transmitted by Counsel for the Ao~licant to the Legal Counsel
of the ÜnGed Nations, and supplied by the latte; to the Court atmy request.
54. THE REGISTRAR TO THE AMBASSADOR OF THE UNION OF SOVIET SOCIALIST
REPUBLICS 10 THE NETHERLANDS '
23 December 1986
I ha\e the honour to reicr io thc Icticr of 8 Jul) 19x5hg rrhi~h I iransmiticd
io Your Exsellcncy. inrer ulia. copirs of the s,riiten ioriinicnts oi the applicant
for reiieu, 3s submitied by [hi Secrctar!-Cicneral of rhr United Nattons in rhc
case zonccrning an Applrrurron for Ret~it~bioJJud~rrrrrnINo. 333 u/Ihr Unrrrd
Narions Adminr.srruiii~eTr'ribional.
In the v~ ~ion of those comments orieinallv suoolied to the Court. a line of
text had been omitted atthefoot of p&e8. 1iheréiore forward to you herewith
the full text of that page as provided to the Legal Counsel of the United Nations
and communicated-tothe court at my request.
55. THE REGISTRAR TO THE LEGAL COUNSEL OF THE UNITED NATIONS
6 March 1987.
1have 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
1985designating you as his representative in these proceedings. For the purpose
of that examination 1 am to ask the Secretary-General to su~ply certain
background iniortiiaiionto supplcmcnt that ci>ntaineJ in ihc do\sier oi
dosunienis alread) submitted tu ihc Court hg hini undzr Article65. paragrîph
2, of the Statute of the Court
-
' A similarcommunicationwasalsosentto Stateswhohad receivedtheEnglishversion
of the commentsof theApplicantMr. Yakimetz on the writtenstaiementssubmittedto
the InternationalCourt of Justice.270 APPLICATION FOR REVIEW
The information rcque,ied i, as follo,rs: taking inio account the provision of
United Nations Siaff Rcyulatioii1.4,
(1) What has sofar been the practice with regard ta 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
IYXZ?
(2) How many riafi mcmbçrs within the Secrciariai have so far receised
3 career appointment in ihe lighi of ihe aloresaid paragraph?
(3) Of ihe Staff iiiemberr rct'errIO in ihe second queçiion above. how
many had been seri,ing on 5econdnieni from (a, another iniernational
ornaniraiion. (hl a national administration, prior to rcceiving n carecr
a..ointment in the Secretariat?
(4) Can similar detailed information be given as to the practice prior to
1982as to consideration of staff members on fixed-term appointment for
career appointment, ta 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 LEOAL COUNSEL OF THE UNITED NATIONS TO THE REOISTRAR
22 April 1987.
1have thehonour ta refer to your letter of 6 March 1987which requested cer-
tain information with regard ta the Application for Review of Judgement
No. 333 of the UnitedNationsAdministrative Tribunal.The questions and the
answers to them are set out below.
Question 1
What has sa 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, has, at least so far, not been
transformed into a formal orocedure for inclusion in the Staff Rules. It is.
however, applied in that, in practice, staff members at the Professional and
Principal Officer levels on fixed-term appointments receive before, or
uoon cornoletion of five vears of contin"ine--ood 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 Manaeement (OHRM: formerlv the Office of Person-
nel Services)and when suiported'by the latter are sibmitted to the relevant
appointment and promotion body for review and advice before a final
decision is made bv the Secretarv-General or on his behalf. If the examina-
tion by OHRM leads to a negitive 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.
In this respect, attention is invited to the case of M;. Liviu Bota who.
after his secondment from the Romanian Government was not renewed in
late 1986, received. uvon consideration bv the Secretarv-General. a new
fixed-term appointmeni.
Siaff members assigned tu posts subject 10 gcographical distribu1ii)nand
whose countries are over-revresented are eauallv . . eligible for career
appointments but not before they have served continuous~ for at least five
years on fixed-term avpointments. This practice in effect removes, after
five years, the bar thai the over-represent&ion 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 financial crisis had
led to a situation in which the conversion from fixed-term to career
appointments has been considerably slowed down.
Question 2
How many staff members within the Secretariat have so far received a
career appointment in the light of the aforesaid paragraph?
Answer
It would be difficult to answer this auestion within a reasonable oeriod
of lime because statistics other than those generated by computer hould
have to be compiled manually hy reviewingthe records of the appointment
and oromotion~bodies since 1982. Como"ter-eenerated stati-tics concern-
ing staff whose fixed-term appointments have been converted into career
appointments are, however, available only with respect Io staff on board
ai present (the latest statistics refer to 31 January 1986)and do not show
whether the conversion into career appointments took place before 1982or
after. Nevertheless. thev are attached in Tables II la) and II lbl. Thev
indicate that of thel.459 staff members on career appointments kho were
formerly on fixed-term appointments, some 1,214(i.e. 83%), had periods
of service of five years or less.
Question 3
Of the staff members referred to in the second question above, how
many had been serving on secondment from Ia) another international
organization, (b) a national administration, prior Io receiving a career
appointment in the Secretariat?
Answer
There are no computer-generated statistics showing how many staff on
career contracts were initially on fixed-term appointments on secondment
from other international' organizations. There are relatively few such
officials.
Tables IVfaI,a.d IVfbl~or,vi,. stat~ ~ ~ ~as of ~ ~J~n~arv 1986concer.- ~ ~ ~ ~ ~
ing staff on career appointments who previously held fixed-term appoint-
ments on secondment from a national administration. There were 16such
o~fic~als on board as of 31 Januarv 19~~.~t should be ~ot~d in this context ~ ~ ~ ~ ~ ~ ~
that, as recalled in the Answer to Question 1above, Mr. Liviu Bota, whose
secondment had expired, was thereupon given a fixed-term, rather than a
career appointment; this case is, therefore, not included in the above
figures. TABLE 1 (O). RXED-TER MTAFF IN POSTSUBIECT TO GEOGRAPHIC DISTRIBUTION, BYREGION AND LENGTH OF SERVICE -2
N
(As of 31 January 1986)
Ym Aria and Ihe Europe Europc N. Arnrrico
01SPmice A/"co P,o/c fEr?slern) (Weriern) Latin ArneriMiddle Earond Coribhn Otherr ~otol
TABLE 1 (b).FIXED-TERSM TAFFIN POST SUBlECT TO GEOORAPHIC DAIITRIBUTIO BY,REOION AND LENOT HF SERVICE k
$
(Asof 31 January 1986)
3
ô
Ywrs Asio ond the Eurw Europe N. Americo 21
ofSemice A/rico PoeiJïc (Emtrrn) IWesIern) Lalin AmrricMiddle Emland Curibbm Other~ 701~1
c TABLE II (0). GEOCRAPHIC STAFFON CAREE RONTRACTS, BY REOION AND LENCTH OF SERVIC AS NON-CAREER
(As of 31 January 1986)
~ p
O/Sevice A/rico ArPaczJicrhe (Emernl (Werleenl Lolin AmerieMiddle £os1and CoribbPon Olhcrr Tolol
O
TABLE II(b).GEOGRAPHIC STAFFON CAREER CONTRACT S, RECION AND LENCTH OF SERVICEAS NON-CAREER
a
(As of 31 January 1986) T.
2
2
Yews Aria ond lhe Europe Europe N.Americo m
O/Service A/rica Pocific (Eorrernl (Western, Lotin AmericMiddle £ml and CaribFon OIherr Tor01 3TABLE III(aFIXED-TERM STAITinPOSTSUEXEC TO GEOORAPHIC DILTRJBUT INNSECONDME FRTM THEIRGOVERNMENT,
euRECION AND LENGT HPSERVICE 2
(Asof31Jonuary 1986)
Ycars Aria athe Europe Europe N. America
01Semin Afrim Poc~Jic (Eosirrnl /Western/Li?l;nAmeriMiddle Emand Cmibhn Olhcrr Tolol
C
TABLE 111(b). FIXED-TETAFF INPOSTSUBT~C TOGEOORAPHIC DILTRIBUTI ONSECONDMENTFROM THEIRGOMRNMENT.
BY REGION ANDLENOT OHF SERVICE
(Asof31Jonuary 1986) *
Ywrr Asjimdihe Europe Europe N. Amrric. )D
01Swvine A/ri<a P<K.I~c (Eosern) (Wes~ernILorinAmcrieMiddle Emond CoribbennOlherr Tolol 6 ,
TABLE IV(o). GEOCRAPHIC STLAFFON CAREER CONTRACP TRSEVIOUSL ONYSECONDME NRTOM THEIR GOVERNMEN BYT,REGION
AND LENCTH OF SERVIC ES NON-CAREER
(As of 31 January 1986)
YCOYJ ~sioand the Europe Europe N. Americo
gfServicc Africa Pocdir (Eoslern) lWcstern) LorinAmerir~ MiddleEml ondCoribbeon Olherr Tolol
up to 5 I 2 I - - 2 I I 8
6-10 5 . - - - . 2 - 7
11+ 1 . . . - - . - 1
TOTAL: 7 2 I . . 2 3 I 16
n
TABLE IV(b). GEOCRAPHIC STLAFFON CAREER CONTRACT PS,EVIOUS LYSECONDME FNTOM THElRGOVERNMEN BYT.REGION
AND LENCTH OF SERVIC ES NON-CAREER Fi
(As of31 Jonuury1986) 8
a
Ye~rr Arioand Ihe Europe Europe N. Amerieo z
ofService A/rico P~n/ie IEosI~rn) (Western) LolinAmeriro Middle Eus ondCaribbeon Oiherr Tord a.,
up 10 I - - . - - . . . .
2 - I . - - I . - 2
3 - . - - - . - . -
'4 I - I - - - I - 3
5 - I . - - I - I 3
6 2 . - - - . . - . 2
7 2 - - - - - . - 2
8 I . - - - - 2 - 3
9 - . . - . . - . -
10 - - . - - - . - -
II+ 1 - - - - - - - I
TOTN : 7 2 I . - - 2 3 I 16 2
Source: Planningand Information Section, Personnel Daia Unir. OHRM, 23 March 1987.276 APPLICATION FOR REVIEW
Table Ill(a) shows. as of 31 January 1986,the number of staff on fixed-term
appointments on secondment from national service and Table II1(b) shows that
85% of these staff have served for less than five years.
Question 4
Can similar detailed information be given as ta the practice prior to 1982as
ta 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 II(a) and Il(b) 5eemro indicare ihat evcn prior 10
the adoption of resolution 37/126 and the crcation of a riaht 10 consideration,
in actual oractice the usual oeriod for the conversion offixed-term contracts
into career appointments was, inthe great majority of cases, lessthan five years.
57. THE REGISTRAR TO THE AMBASSADOR OF THE UNION OF SOVIET SOClALlST
REPUBLICS TO THE NETHERLANDS '
22 May 1987
1have the honour to inform you, pursuant to Article 67 of the Statute of the
Court and Article 108of the Rules of Court, that a public sitting of the Court
will be held on Wednesday 27 May 1987al 3 p.m. for the purpose of delivering
in open court the Advisory Opinion requested of the Court by the Committee
on Application for Reviewof Administrative Tribunal Judgements in the case
of the Auulicalion for Review of Judnemenl No. 333 of the United Nalions
~dmrnisir~ltve ~rr~unol. in respéciofkhich the Cioternmeni of the Union of
Sobiei Socialisl Republics filcd a wriiten statement pursuani10Article 66of the
Court's Statute.
(Signed) Eduardo VALENCIA-OSPINA.
58. THE REOISTRAR TO THE SECRETARY-GENERAI. OF THE UNITED NATIONS
(telex)
25 May 1987.
1have the honour to inform you, pursuant to Article 67 of the Statute of the
Court and Article 108of the Rules of Court, that a public sitting of the Court
willbe held on Wednesday, 27 May 1987,ai 3 p.m., for the purpose of deliver-
ina in open Court the Advisory Opinion reauested of the Court bv the Commit-
le; on ~pplicaiion for ~eview of ~dmini;iraiive .Tribunal ~ud~cmenrsin the
case of the Applicarionfor ReviewofJudgcmcnr No. 333ofrhe Unlied Nurrons
Administrative Tribunal.
'A similarcommunication was alsa sentIo the MinisterfForeign Affairsof Italy.
to the LegalAdviserof the UnitedStatesDepartmentof Stateand the Ambassadar al
Canada Io the Netherlands. CORRESPONDENCE 277
59. THE REGISTRAR TO THE SECRETARY-GENEHAL OF THE UNITED NATIONS
27 May 1981.
1 have the honour to send you herewith five plain copies of the Advisory
Opinion given today by theInternational Court of Justice in the case concerning
. Application for Review of Judgement No. 333 of the United Nations Admini-
strative Tribunal.
1shall have the pleasure of delivering to you in person the sealed copy of the
Opinion referred tu in Article 109of the Rules of Court, when 1arrive at Head-
quarters next week.
60. THE REGISTRAR TO THE AMBASSADUR OF THE UNION OF SOVIET SOCIALIST
REPUBLICS TO THE NETHERLANDS '
27 May 1987.
1have the honour Io 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 Adminislrotive Tribunal.
61, LE GREFFIER AU MINISTRE DES AFFAIRES ETRANGERES D'AFGHANISTAN'
12 août 1987.
Conformément àl'article 109du Règlementde 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 no 333 du Tribunal administratif des Nations
Unies.
D'autres exemplaires seront expédiésultérieurement par la voie ordinaire.
'A similarcommunicationwasalso sentIo the Ministerfor ForeignAffairsof Italy,
to the LegalAdviserof the United StatesDepartmentof State and the Arnhassadorof
Canada to the Netherlands.
'Unecommunication analoguea été adresséeauxautresEtats admis à esterdevantla
Cour.
Correspondence