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[p.49]
The President of the International Court of Justice,
Having regard to Article 66, paragraph 2, of the Statute of the Court,
Whereas, on 13 July 1981, the Committee on Applications for Review of
Judgements of the Administrative Tribunal of the United Nations adopted the
following decision:
"The Committee on Applications for Review of Administrative Tribunal
Judgements has decided that there is a substantial basis within the meaning
of Article 11 of the Statute of the Administrative Tribunal for the
application presented by the United States of America for review of
Administrative Tribunal Judgement No. 273, delivered at Geneva on 15 May
1981. Accordingly, the Committee requests an advisory opinion of the
International Court of Justice on the following question:
"Is the judgement of the United Nations Administrative Tribunal in Judgement
No. 273, Mortished v. the Secretary-General, warranted in determining that
General Assembly resolution 34/165 of 17 December 1979 could not be given
immediate effect in requiring, for the payment of repatriation grants,
evidence of relocation to a country other than the country of the staff
member's last duty station?'"[p 50]
Whereas certified true copies of the English and French texts of the
aforesaid decision were transmitted to the Court by a letter from the
Secretary-General of the United Nations dated 23 July 1981 and filed in the
Registry on 28 July 1981;
Whereas the Secretary-General stated in that letter:
"as required by paragraph 2 of Article 11 of the Statute of the
Administrative Tribunal, I shall arrange to transmit any views that Mr.
Mortished, the person in respect of whom the Tribunal rendered its Judgement
No. 273, may wish to submit",
Fixes 30 October 1981 as the time-limit within which written statements may
be submitted in accordance with Article 66, paragraph 2, of the Statute of
the Court;
Reserves the subsequent procedure for further decision.
Done in English and in French, the English text being authoritative, at the
Peace Palace, The Hague, this sixth day of August, one thousand nine hundred
and eighty-one.
(Signed) Humphrey Waldock,
President.Waldock
(Signed) Pillepich,
Deputy-Registrar. |
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