XXXVIII. In the opinion of the Tribunal, the Respondent's assumptions in this respect lack any factual basis. The Applicants' record as international civil servants, as recognized by the Administration itself, shows that they are devoid of any substance. - 25 - They constitute arbitrary suspicions on the future conduct of the Applicants. The Applicants are being disciplined by the denial of appointments, for potential misconduct. The Tribunal considers that the Applicants are being tried for their imputed intentions. An attitude of irresponsibility is ascribed to international civil servants who, during many years of service, have not given the slightest justification for such a charge. XXXIX.The Tribunal moreover recalls that the Secretary-General has the necessary powers to prevent any irresponsible conduct on the part of the staff under his authority. XL.The Respondent acknowledges that discussions took place with representatives of the Chinese Mission throughout the period beginning on 1 May 1989. The Tribunal takes note that following those discussions, the Secretary-General denied the Applicants career appointments on 12 December 1989. XLI.The Tribunal finds that the Secretary-General accepted the Chinese Mission's position that the Applicants should be denied an extension of their fixed-term contracts or be offered career appointments. The Tribunal has shown that, in the absence of the necessary criteria for secondment consistent with case-law, it was not permissible for the Secretary-General to take into account the Chinese Mission's opposition to the renewal of the fixed-term contracts. As regards career appointments, the Tribunal considers that these were withheld because of the Chinese Mission's position concerning the rotation system. The Tribunal notes that, in the opinion of the Chinese Mission, the rotation system categorically ruled out career appointments. The Tribunal considers that the- 26 - Secretary-General could not defer to this opposition by the Chinese Mission without being in breach of his obligations under the Charter
**Analysis**
The text appears to be a legal document discussing the decisions and actions of the Secretary-General of the United Nations, specifically regarding the appointments and contracts of certain international civil servants. The language used is formal and technical, indicating that it is a legal or administrative document. The content also suggests that it may be related to employment or personnel management, as it discusses the denial of appointments and the rotation system.

**Category**
Employment