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[p.212]
The President of the International Court of Justice,
Having regard to Article 66, paragraph 2, of the Statute of the Court,
Whereas on 23 August 1984, 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 at the 4th meeting of its twenty-fourth session on 23 August 1984
decided that there was a substantial basis, within the meaning of Article 11
of the Statute of the Administrative Tribunal, for the application for
review of Administrative Tribunal Judgement No. 333 delivered at Geneva on 8
June 1984.
Accordingly, the Committee on Applications for Review of Administrative
Tribunal Judgements requests an advisory opinion of the International Court
of Justice on the following questions:
'(I) In its Judgement No. 333 of 8 June 1984 (AT/DEC/333), did the United
Nations Administrative Tribunal fail to exercise jurisdiction vested in it
by not responding to the question whether a legal impediment existed to the
further employment in the United Nations of the Applicant after the expiry
of his contract on 26 December 1983?
1984 13 September General List No. 72[p 213]
(2) Did the United Nations Administrative Tribunal, in the same Judgement
No. 333, err on questions of law relating to provisions of the Charter of
the United Nations?' "
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 28 August 1984 and filed in
the Registry on 10 September 1984;
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.
Yakimetz, the person in respect of whom the Tribunal rendered its Judgement
No. 333, may wish to submit",
Fixes 14 December 1984 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 thirteenth day of September one thousand nine
hundred and eighty-four.
(Signed) T. O. Elias,
President.
(Signed) Santiago Torres Bernerdez,
Registrar. |
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