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Permanent Court of International Justice

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Application for Review of Judgment No. 333 of the United Nations Administrative Tribunal

Overview of the case

This case concerns a refusal by the Secretary-General of the United Nations to renew the appointment of a staff member of the Secretariat beyond the date of expiry of his fixed-term contract, the reasons given being that the staff member had been seconded from a national administration, that his secondment had come to an end and that his contract with the United Nations was limited to the duration of the secondment. In a judgment delivered on 8 June 1984, the Administrative Tribunal rejected the staff member’s appeal against the Secretary-General’s refusal. The staff member in question applied for a review of the judgment to the Committee on Applications for Review of Administrative Tribunal Judgements, which requested the Court to give an advisory opinion on the merits of that decision. In its Advisory Opinion, rendered on 27 May 1987, the Court found that the Administrative Tribunal had not failed 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 fixed-term contract, and that it did not err on any question of law relating to the provisions of the Charter of the United Nations. In that regard, the Court found that the Tribunal had established that there had been “reasonable consideration” of the applicant’s case, and by implication that the Secretary-General had not been under a misapprehension as to the effect of secondment, and that the provision of Article 101, paragraph 3, of the Charter must have been present in the mind of the Tribunal when it considered the question. In the view of the Court, those findings could not be disturbed on the ground of error on a question of law relating to the provisions of the Charter.


This overview is provided for information only and in no way involves the responsibility of the Court.

Request for Advisory Opinion

Request for Advisory Opinion (including the dossier of documents transmitted to the Court pursuant to article 65, paragraph 2 of the Statute)

10 September 1984
Request for Advisory Opinion (including the dossier of documents transmitted to the Court pursuant to article 65, paragraph 2 of the Statute)
Available in:
English French

Written proceedings

Written Statements

20 August 1984
Available in:
English French

Written Comments

17 June 1985
Available in:
English

Oral proceedings

Verbatim record 1987

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

Orders

Order of 13 September 1984

Fixing of time-limit: Written Statements
Available in:
English French Bilingual

Order of 30 November 1984

Extension of time-limit: Written Statements
Available in:
English French Bilingual

Advisory opinions

Summaries of Advisory Opinions and Orders

Summary 1987/1

Summary of the Advisory Opinion of 27 May 1987
Available in:
English French

Press releases

Press release 1984/27

14 September 1984
Application for Review of Judgment No. 333 of the United Nations Administrative Tribunal - Fixing of the time-limits for the filing of written statements
Available in:
English French

Press release 1987/11

19 May 1987
Application for Review of Judgment No. 333 of the United Nations Administrative Tribunal - The Court will deliver its Advisory Opinion on 27 May 1987
Available in:
English French

Press release 1987/12

27 May 1987
The Court gives its Advisory Opinion on an Application for Review of Judgement No. 333 of the United Nations Administrative Tribunal
Available in:
English French

Correspondence

Correspondence

11 September 1984
Correspondence
Available in:
English French