| Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations |
 |
| |
Qatar |
3 |
| |
|
Decree No. 34 (2014) approving accession to the 1947 Convention on the Privileges and Immunities of the Specialized Agencies (34/2014) |
3 |
| Chapter II. Treaties concerning the legal status of the United Nations and related intergovernmental organizations |
|
| A. |
Treaties concerning the legal status of the United Nations |
|
| |
1. |
Status of the Convention on the Privileges and Immunities of the United Nations. Approved by the General Assembly of the United Nations on 13 February 1946 |
5 |
| |
2. |
Agreements relating to missions, offices and meetings |
5 |
| |
|
(a) |
Agreement between the Organisation for the Prohibition of Chemical Weapons (OPCW), the United Nations and the Government of the Syrian Arab Republic concerning the status of the Joint OPCW–United Nations Mission for the Elimination of Syrian Chemical Weapons. Damascus, 5 February 2014 |
5 |
| |
|
(b) |
Supplementary Agreement to the Agreement between the United Nations and the United Republic of Tanzania Concerning the Headquarters of the International Residual Mechanism for Criminal Tribunals, for the Premises of the Mechanism. Dar es Salaam, 5 February 2014 |
23 |
| |
|
(c) |
Agreement between the United Nations and the Government of the Independent State of Samoa relating to the arrangements for the third international conference on Small Island Developing States, to be held in Apia, Samoa, from 28 August to 4 September 2014. New York, 24 February 2014 |
28 |
| |
|
(d) |
Agreement between the United Nations and the Government of the Federal Republic of Somalia concerning the status of the United Nations Assistance Mission in Somalia. Mogadishu, 26 February 2014 |
36 |
| |
|
(e) |
Exchange of letters constituting an agreement between the United Nations and the Government of the Federal Republic of Germany concerning the organization of the High-level Symposium and a series of side events, to be held in Berlin from 19 to 21 March 2014, in preparation of the 2014 Development Cooperation Forum focusing on “Accountable and effective development cooperation in a post-2015 era”. New York, 17 March 2014 |
52 |
| |
|
(f) |
Exchange of letters constituting an agreement between the United Nations and the Government of Austria for the hosting of the United Nations Global Training-of-Trainers Course on Protection of Civilians and Child Protection, to be held in Stagtschlaining, Austria, from 5 to 16 May 2014. New York, 23 April 2014 and 29 April 2014 |
56 |
| |
3. |
Other agreements |
60 |
| |
|
(a) |
Exchange of letters constituting an agreement between the Organization for the Prohibition of Chemical Weapons, the United Nations and the Government of the Syrian Arab Republic concerning the multinational maritime transport operation for the removal and transport of Syrian chemical agents. The Hague, 5 January 2014, New York, 5 January 2014, and Damascus, 6 January 2014 |
60 |
| |
|
(b) |
Supplementary Arrangement pursuant to Article XIV of the Agreement concerning the relationship between the United Nations and the Organization for the Prohibition of Chemical Weapons. The Hague, 2 May 2014, and New York, 5 May 2014 |
62 |
| |
4. |
United Nations High Commissioner for Refugees |
66 |
| |
|
(a) |
Headquarters Cooperation Agreement between the Office of the United Nations High Commissioner for Refugees (UNHCR) and the Government of Niger. Geneva, 8 May 2014 |
66 |
| |
|
(b) |
Agreement between the Office of the United Nations High Commissioner for Refugees (UNHCR) and the Government of the Republic of Malta relating to the establishment of UNHCR’s Liaison Office to the European Asylum Support Office (EASO). Geneva, 20 June 2014 |
75 |
| |
5. |
United Nations Population Fund |
77 |
| |
|
|
Exchange of letters constituting an agreement between the Government of the Lao People’s Democratic Republic (“the Government”) and the United Nations Population Fund (UNFPA) on the application mutatis mutandis of the Basic Assistance Agreement between the Government and the United Nations Development Programme signed on 10 October 1988, to the activities and personnel of UNFPA in the Lao People’s Democratic Republic. New York, 21 January 2014, and Vientiane, 4 April 2014 |
77 |
| |
6. |
United Nations University |
78 |
| |
|
|
Agreement between the United Nations University and the Portuguese Republic on the establishment, operation and locations of the United Nations University, Operating Unit on Policy-Driven Electronic Governance in Guimarães, Portugal. Lisbon, 23 May 2014 |
78 |
| B. Treaties concerning the legal status of intergovernmental organizations related to the United Nations |
| |
1. |
Convention on the Privileges and Immunities of the Specialized Agencies. Approved by the General Assembly of the United Nations on 21 November 1947 |
84 |
| |
2. |
International Labour Organization |
84 |
| |
3. |
Food and Agriculture Organization |
85 |
| |
|
(a) |
Agreements regarding the establishment of Food and Agriculture Organization (FAO) Representations and Offices |
85 |
| |
|
(b) |
Agreements for hosting meetings of FAO Bodies |
89 |
| |
|
(c) |
Agreements for hosting and/or sharing premises with other intergovernmental organizations |
89 |
| |
4. |
United Nations Educational, Scientific and Cultural Organization |
90 |
| |
|
|
Agreement between the Kingdom of Spain and the United Nations Educational, Scientific and Cultural Organization (UNESCO) regarding the establishment of the “International Centre on Mediterranean Biosphere Reserves, Two Coastlines United by their Culture and Nature” as a category 2 centre under the auspices of UNESCO. Barcelona, 4 April 2014 |
90 |
| |
5. |
International Fund for Agricultural Development |
96 |
| |
|
|
Agreement between the Republic of India and the International Fund for Agricultural Development (IFAD) on the establishment of the IFAD’s Country Office, signed on 27 March 2014 and 3 April 2014 |
96 |
| |
6. |
United Nations Industrial Development Organization |
103 |
| |
|
(a) |
Contribution agreement between the United Nations Industrial Development Organization and the European Union regarding the implementation of a project entitled “West Africa Quality System—Support for the implementation of the quality policy of ECOWAS”, Abuja and Vienna on 11 and 27 August 2014 |
103 |
| |
|
(b) |
Financial procedures agreement between the United Nations Industrial Development Organization and the International Bank for Reconstruction and Development, as Trustee of the Special Climate Change Fund, signed on 23 September 2014 |
104 |
| |
|
(c) |
Letter of agreement between the United Nations Industrial Development Organization and the Government of the Lao People’s Democratic Republic regarding the implementation of a project entitled “Strengthening national quality infrastructure and industrial statistics in the Lao People’s Democratic Republic”, signed in Vienna on 9 and 27 October 2014 |
104 |
| |
|
(d) |
Administrative agreement between the United Nations Industrial Development Organization and the Norwegian Ministry of Foreign Affairs regarding the implementation of a project in Sudan entitled “Building institutional capacities for the sustainable management of the marine fishery in the Red Sea State”, signed Khartoum and Vienna on 8 and 10 December 2014 |
105 |
| Chapter III. General review of the legal activities of the United Nations and related intergovernmental organizations |
|
| A. |
General review of the legal activities of the United Nations |
|
| |
1. |
Membership of the United Nations |
109 |
|
2. |
Peace and Security |
|
| |
|
(a) |
Peacekeeping missions and operations |
109 |
| |
|
(b) |
Political and peacebuilding missions |
117 |
| |
|
(c) |
Other bodies |
123 |
| |
|
(d) |
Missions of the Security Council |
125 |
| |
|
(e) |
Action of Member States authorized by the Security Council |
126 |
| |
|
(f) |
Sanctions imposed under Chapter VII of the Charter of the United Nations |
129 |
| |
|
(g) |
Terrorism |
138 |
| |
|
(h) |
Humanitarian law and human rights in the context of peace and security |
143 |
| |
|
(i) |
Piracy |
145 |
| |
|
(j) |
Promotion and strengthening of the rule of law in the maintenance of international peace and security |
145 |
|
3. |
Disarmament and related matters |
|
| |
|
(a) |
Disarmament machinery |
146 |
| |
|
(b) |
Nuclear disarmament and non-proliferation issues |
148 |
| |
|
(c) |
Biological and chemical weapons issues |
150 |
| |
|
(d) |
Conventional weapons issues |
151 |
| |
|
(e) |
Regional disarmament activities of the United Nations |
154 |
| |
|
(f) |
Outer space (disarmament aspects) |
156 |
| |
|
(g) |
Other disarmament measures and international security |
156 |
|
4. |
Legal aspects of peaceful uses of outer space |
|
| |
|
(a) |
Legal Subcommittee on the Peaceful Uses of Outer Space |
157 |
| |
|
(b) |
General Assembly |
159 |
| |
5. |
Human rights |
| |
|
(a) |
Sessions of the United Nations human rights bodies and treaty bodies |
160 |
| |
|
(b) |
Racism, racial discrimination, xenophobia and all forms of discrimination |
165 |
| |
|
(c) |
Right to development and poverty reduction |
166 |
| |
|
(d) |
Right of peoples to self-determination |
167 |
| |
|
(e) |
Economic, social and cultural rights |
169 |
| |
|
(f) |
Civil and political rights |
172 |
| |
|
(g) |
Rights of the Child |
177 |
| |
|
(h) |
Migrants |
178 |
| |
|
(i) |
Internally displaced persons |
179 |
| |
|
(j) |
Minorities |
180 |
| |
|
(k) |
Indigenous issues |
180 |
| |
|
(l) |
Terrorism and human rights |
181 |
| |
|
(m) |
Promotion and protection of human rights |
182 |
| |
|
(n) |
Persons with disabilities |
184 |
| |
|
(o) |
Contemporary forms of slavery |
185 |
| |
|
(p) |
Miscellaneous |
185 |
|
6. |
Women |
|
| |
|
(a) |
United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) |
187 |
| |
|
(b) |
Commission on the Status of Women |
188 |
| |
|
(c) |
Economic and Social Council |
188 |
| |
|
(d) |
General Assembly |
188 |
| |
|
(e) |
Security Council |
189 |
|
7. |
Humanitarian matters |
|
| |
|
(a) |
Economic and Social Council |
189 |
| |
|
(b) |
General Assembly |
189 |
|
8. |
Environment |
|
| |
|
(a) |
United Nations Climate Change Conference in Lima |
190 |
| |
|
(b) |
Economic and Social Council |
190 |
| |
|
(c) |
General Assembly |
191 |
|
9. |
Law of the Sea |
|
| |
|
(a) |
Reports of the Secretary-General |
192 |
| |
|
(b) |
Consideration by the General Assembly |
194 |
| |
|
(c) |
Consideration by the Meeting of States Parties to the United Nations Convention on the Law of the Sea |
195 |
|
10. |
Crime prevention and criminal justice |
|
| |
|
(a) |
Conference of the Parties to the United Nations Convention against Transnational Organized Crime |
195 |
| |
|
(b) |
Commission on Crime Prevention and Criminal Justice |
195 |
| |
|
(c) |
Economic and Social Council |
196 |
| |
|
(d) |
General Assembly |
197 |
|
11. |
International drug control |
|
| |
|
(a) |
Commission on Narcotic Drugs |
197 |
| |
|
(b) |
Economic and Social Council |
198 |
| |
|
(c) |
General Assembly |
198 |
|
12. |
Refugees and displaced persons |
|
| |
|
(a) |
Executive Committee of the Programme of the United Nations High Commissioner for Refugees |
199 |
| |
|
(b) |
General Assembly |
199 |
|
13. |
International Court of Justice |
|
| |
|
(a) |
Organization of the Court |
200 |
| |
|
(b) |
Jurisdiction of the Court |
200 |
| |
|
(c) |
General Assembly |
201 |
|
14. |
International Law Commission |
|
| |
|
(a) |
Membership of the Commission |
201 |
| |
|
(b) |
Sixty-sixth session of the International Law Commission |
201 |
| |
|
(c) |
Sixth Committee |
205 |
| |
|
(d) |
General Assembly |
205 |
|
15. |
United Nations Commission on International Trade Law |
|
| |
|
(a) |
Forty-seventh session of the Commission |
205 |
| |
|
(b) |
Sixth Committee |
208 |
| |
|
(c) |
General Assembly |
208 |
|
16. |
Legal questions dealt with by the Sixth Committee and other related subsidiary bodies of the General Assembly |
|
| |
|
(a) |
Criminal accountability of United Nations officials and experts on mission |
209 |
| |
|
(b) |
United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law |
210 |
| |
|
(c) |
Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts |
211 |
| |
|
(d) |
Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives |
212 |
| |
|
(e) |
Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization |
213 |
| |
|
(f) |
The rule of law at the national and international levels |
215 |
| |
|
(g) |
The scope and application of the principle of universal jurisdiction |
215 |
| |
|
(h) |
Effects of armed conflicts on treaties |
216 |
| |
|
(i) |
Responsibility of international organizations |
217 |
| |
|
(j) |
Measures to eliminate international terrorism |
218 |
| |
|
(k) |
Revitalization of the work of the General Assembly |
219 |
| |
|
(l) |
Administration of justice at the United Nations |
220 |
| |
|
(m) |
Report of the Committee on Relations with the Host Country |
222 |
| |
|
(n) |
Observer Status in the General Assembly |
223 |
|
17. |
Ad hoc international criminal tribunals |
|
| |
|
(a) |
Organization of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda |
224 |
| |
|
(b) |
General Assembly |
226 |
| |
|
(c) |
Security Council |
227 |
| B. |
General review of the legal activities of intergovernmental organizations related to the United Nations |
|
|
1. |
International Labour Organization |
|
| |
|
(a) |
Conventions, recommendations and resolutions adopted by the International Labour Conference during its 103rd session (Geneva, June 2014) |
228 |
| |
|
(b) |
Guidance documents submitted to the Governing Body of the International Labour Office |
230 |
| |
|
(c) |
Legal Advisory Services and Training |
231 |
| |
|
(d) |
Committee on Freedom of Association |
232 |
| |
|
(e) |
Representations submitted under article 24 of the ILO Constitution and complaints made under article 26 of the ILO Constitution |
232 |
|
2. |
Food and Agriculture Organization of the United Nations |
|
| |
|
(a) |
Membership of the Food and Agriculture Organization (FAO) |
232 |
| |
|
(b) |
Constitutional and general legal matters |
232 |
| |
|
(c) |
Bodies and meetings co-hosted with other intergovernmental organizations |
234 |
| |
|
(d) |
Information provided by FAO to other United Nations System entities |
235 |
| |
|
(e) |
Treaties concluded under the auspices of FAO |
236 |
| |
|
(f) |
Legislative matters |
237 |
|
3. |
United Nations Educational, Scientific and Cultural Organization |
|
| |
|
(a) |
Conventions, agreements and other international regulations |
240 |
| |
|
(b) |
Human Rights |
241 |
|
4. |
World Health Organization |
|
| |
|
(a) |
Constitutional Developments |
241 |
| |
|
(b) |
Other Normative Developments and Activities |
242 |
|
5. |
International Monetary Fund |
|
| |
|
(a) |
Membership Issues |
244 |
| |
|
(b) |
Issues Pertaining to Representation at the IMF |
245 |
| |
|
(c) |
Key Policy Decisions of the IMF |
245 |
|
6. |
International Civil Aviation Organization |
|
| |
|
(a) |
Depositary actions in relation to multilateral air law instruments |
250 |
|
7. |
International Maritime Organization |
|
| |
|
(a) |
Membership of the Organization |
253 |
| |
|
(b) |
Review of the legal activities work undertaken by the IMO Legal Committee |
253 |
| |
|
(c) |
Other items |
255 |
| |
|
(d) |
Adoption of amendments to conventions and protocols |
255 |
| |
8. |
Universal Postal Union |
257 |
| |
9. |
World Meteorological Organization |
258 |
| |
|
(a) |
Membership |
258 |
| |
|
(b) |
Agreements and other arrangements concluded in 2014 |
258 |
|
10. |
The World Intellectual Property Organization |
|
| |
|
(a) |
Introduction |
260 |
| |
|
(b) |
Service: Global IP Protection |
261 |
| |
|
(c) |
Law: Global IP Laws and Standards |
263 |
| |
|
(d) |
Development: IP to Support Economic Development |
265 |
| |
|
(e) |
Reference: Access to IP and IP Information |
266 |
|
11. |
International Fund for Agricultural Development |
|
| |
|
(a) |
Membership |
267 |
| |
|
(b) |
Establishment of the Consultation on the Tenth Replenishment of IFAD’s Resources |
267 |
| |
|
(c) |
Revision to the IFAD Evaluation Policy |
268 |
| |
|
(d) |
Review of the General Conditions for Agricultural Development Financing |
268 |
| |
|
(e) |
IFAD’s Social, Environmental and Climate Assessment Procedures |
268 |
| |
|
(f) |
Revision of IFAD’s approach to the cancellation of approved loans and grants |
269 |
| |
|
(g) |
Partnership agreements and memoranda of understanding |
269 |
|
12. |
United Nations Industrial Development Organization |
|
| |
|
(a) |
Constitutional matters |
271 |
| |
|
(b) |
Agreements and other arrangements concluded in 2014 |
271 |
| |
13. |
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization |
| |
|
(a) |
Membership |
271 |
| |
|
(b) |
Legal status, privileges and immunities and international agreements |
272 |
| |
|
(c) |
Legislative Assistance Activities |
272 |
|
14. |
International Atomic Energy Agency |
|
| |
|
(a) |
Membership |
273 |
| |
|
(b) |
Treaties under IAEA Auspices |
273 |
| |
|
(c) |
IAEA legislative assistance activities |
276 |
| |
|
(d) |
Conventions |
277 |
| |
|
(e) |
Civil Liability for Nuclear Damage |
278 |
| |
|
(f) |
Safeguards Agreements |
279 |
|
15. |
Organization for the Prohibition of Chemical Weapons |
|
| |
|
(a) |
Membership |
279 |
| |
|
(b) |
Legal Status, Privileges and Immunities and International Agreements |
279 |
| |
|
(c) |
Legislative Assistance Activities |
280 |
|
16. |
World Trade Organization |
|
| |
|
(a) |
Membership |
281 |
| |
|
(b) |
Dispute Settlement |
283 |
| |
|
(c) |
Acceptance of the protocols amending the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Government Procurement Agreement (GPA) |
284 |
| |
|
(d) |
Protocol amending the Marrakesh Agreement establishing the World Trade Organization |
284 |
| |
17. |
International Criminal Court |
| |
|
(a) |
Mandate |
285 |
| |
|
(b) |
Location |
285 |
| |
|
(c) |
Structure |
286 |
| |
|
(d) |
Assembly of States Parties |
286 |
| |
|
(e) |
Investigations |
286 |
| |
|
(f) |
Preliminary examinations |
286 |
| |
|
(g) |
Situations and case updates |
286 |
| Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations |
|
| A. |
Treaties concerning international law concluded under the auspices of the United Nations |
295 |
| B. |
Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations |
|
| |
International Labour Organization |
295 |
| |
|
Protocol of 2014 to the Forced Labour Convention, 1930 Geneva, 11 June 2014 |
295 |
| Chapter V. Decisions of the administrative tribunals of the United Nations and related intergovernmental organizations |
|
| A. |
United Nations Dispute Tribunal |
301 |
|
1. |
Judgment No. UNDT/2014/040 (14 April 2014): Yakovlev v. Secretary-General of the United Nations |
|
| |
|
|
Late claim for separation entitlements—Personal standing of former staff member—Proper and lawful exercise of discretion to deny a request for an exception under staff rule 12.3(b)—Award of costs for abuse of process |
301 |
| |
2. |
Judgment No. UNDT/2014/051 (14 May 2014): Nartey v. Secretary-General of the United Nations |
|
| |
|
|
Refusal to grant a lien on a post—Prohibited conduct of harassment, abuse of authority and retaliation for testifying as a witness before the Tribunal in another case—Receivability of application without prior resort to management evaluation—Award of compensation for procedural irregularities and moral damages—Referral to the Secretary-General pursuant to article 10, paragraph 8, of the Statute of the Tribunal |
303 |
| |
3. |
Judgment No. UNDT/2014/059 (5 June 2014): Ogorodnikov v. Secretary-General of the United Nations |
|
| |
|
|
Proportionality of disciplinary measure—Insufficient consideration of mitigating circumstances—Rescission and replacement of disciplinary measure—Award of compensation for loss of earnings |
304 |
| |
4. |
Judgment No. UNDT/2014/112 (20 August 2014): Cocquet v. Secretary-General of the United Nations |
|
| |
|
|
Eligibility for After-service health insurance—Lack of continuous service—Literal interpretation of ST/AI/2007/3—Retroactive enrolment |
305 |
| |
5. |
Judgment No. UNDT/2014/115 (28 August 2014): Jansen v. Secretary-General of the United Nations |
|
| |
|
|
Non-renewal of fixed-term appointment—Receivability of application following reliance on erroneous advice from Management Evaluation Unit regarding statutory time limits—Lawful exercise of discretion to discontinue fixed-term appointment |
306 |
| |
6. |
Judgment No. UNDT/2014/122 (13 October 2014): Tshika v. Secretary-General of the United Nations |
|
| |
|
|
Summary dismissal for fraud—Role of the Tribunal in disciplinary matters—Well-foundedness of the report of misconduct—Failure to satisfy the burden and standard of proof for taking the disciplinary measure—Compensation for monetary loss arising out of the unfair dismissal and for loss of opportunity to secure another job—Award of moral damages |
307 |
| |
7. |
Judgment No. UNDT/2014/130 (30 October 2014): Karseboom v. Secretary-General of the United Nations |
|
| |
|
|
Claim for compensation under Appendix D of the Staff Rules—Appeals of the determination by the Secretary-General of the existence of an injury or illness attributable to the performance of official duties—Failure to follow the procedure under article 17 of Appendix D of the Staff Rules—locus of burden of proof—Award of compensation in excess of two years’ net base salary pursuant to article 10, paragraph 5(b), of the Statute of the Tribunal—Award of moral damages |
308 |
| B. |
Decisions of the United Nations Appeals Tribunal |
310 |
| |
1. |
Judgment No. 2014-UNAT-410 (2 April 2014): Igbinedion v. Secretary-General of the United Nations |
|
| |
|
|
Suspension of the implementation of a contested decision pending management evaluation—Principle of stare decisis regarding jurisprudence by the Appeals Tribunal—Obligation to respect an order by the Dispute Tribunal until overturned by the Appeals Tribunal—Inherent authority to conduct contempt proceedings—Referral for accountability in pursuant to article 10, paragraph 8, of the UNDT Statute |
310 |
| |
2. |
Judgment No. 2014-UNAT-416 (2 April 2014): Charles v. Secretary-General of the United Nations |
|
| |
|
|
Contestation of non-selection decision—Staff selection system pursuant to ST/AI/2010/3—Selection from the roster without prior consideration of non-rostered candidates |
311 |
| |
3. |
Judgment No. 2014-UNAT-430 (27 June 2014): Diallo v. Secretary-General of the International Civil Aviation Organization |
|
| |
|
|
Termination of appointment due to restructuring—Breaches fundamental in nature warranting the award of moral damages—Broad discretion of adjudicating tribunal to admit evidence |
312 |
| |
4. |
Judgment No. 2014-UNAT-436 (27 June 2014): Walden v. Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East |
|
| |
|
|
Wilful misrepresentation of academic credentials on application—Diploma fraud—Termination of appointment for misconduct |
314 |
| |
5. |
Judgment No. 2014-UNAT-457 (27 June 2014): Wasserstrom v. Secretary-General of the United Nations |
| |
|
|
Protection against retaliation for reporting misconduct and for cooperating with duly authorized audits or investigations—Findings of the Ethics Office as reviewable administrative decisions—Award of costs for abuse of judicial process |
315 |
| |
6. |
Judgment No. 2014-UNAT-465 (17 October 2014): Gonzalez-Hernandez v. United Nations Joint Staff Pension Board |
|
| |
|
|
Partial Payment of retirement benefits directly to former spouse under—Execution of national court order—Conflicting national jurisdictions—Observance of article 45 of the regulations of the United Nations Joint Staff Pension Fund |
316 |
| |
7. |
Judgment No. 2014-UNAT-466 (17 October 2014): Saffir and Ginivan v. Secretary-General of the United Nations |
|
| |
|
|
Non-interference by management and United Nations Internal Justice System in United Nations Staff Union election matters—Refusal to carry out investigation as reviewable administrative decision—No right to appeal of prevailing party without concrete grievance stemming from contested decision |
317 |
| |
8. |
Judgment No. 2014-UNAT-480 (17 October 2014): Oh v. Secretary-General of the United Nations |
|
| |
|
|
Disciplinary proceedings and dismissal for serious misconduct of sexual exploitation—Due process rights—Reliance on anonymous witness statements corroborated by further evidence—OIOS investigation not criminal in nature—Statements do not require signature—Lifting of confidentiality of the appellant |
318 |
| |
9. |
Judgment No. 2014-UNAT-488 (17 October 2014): Chocobar v. Secretary-General of the United Nations |
|
| |
|
|
Lack of jurisdiction upon withdrawal of application—Article 36 of the Tribunal Rules of Procedure cannot serve to augment the jurisdiction of the Tribunal in violation of article 2 Tribunal Statute |
320 |
| C. |
Decisions of the Administrative Tribunal of the International Labour Organization |
320 |
| |
|
Judgment No. 3333 (9 July 2014): A.S. v. Universal Postal Union (UPU) |
|
| |
|
|
Application for view of a previous judgment of the Tribunal—Principle of res judicata—Review under exceptional circumstances and on limited grounds—No review of a judgement on the merits of an application |
321 |
| D. |
Decisions of the World Bank Administrative Tribunal |
322 |
| E. |
Decision of the Administrative Tribunal of the International Monetary Fund |
322 |
| |
1. |
Judgment No. 2014–1 (February 25, 2014): Ms. “JJ” v. International Monetary Fund |
|
| |
|
|
Request for anonymity in cases challenging performance assessments—Discretion of management in assessing performance—Balanced assessment of performance—Performance shortcoming coinciding with unusual work pressure—Merit Allocation Ration directly dependent upon Annual Performance Review—Discretion to place staff on Performance Improvement Plan |
322 |
| |
2. |
Judgment No. 2014–2 (February 26, 2014): Mr. E. Weisman v. International Monetary Fund |
|
| |
|
|
Request for anonymity—Anonymity no substitute for enforcement of policy against retaliation—Wide discretion by management to design programs to carry out the mission of the organization—Challenge to regulatory decision on grounds of discrimination—Rational nexus between purpose of rule and differential treatment required |
325 |
| Chapter VI. Selected legal opinions of the secretariats of the United Nations and related intergovernmental organizations |
|
| A. |
Legal opinions of the Secretariat of the United Nations |
|
| |
1. |
Privileges and immunities |
327 |
| |
|
(a) |
Note to the Permanent Observer Mission of the African Union to the United Nations concerning full diplomatic status in the host country |
327 |
| |
|
(b) |
Note to the Ministry of Foreign Affairs of [State] concerning the imposition of certain taxes in respect of fuel purchases on [a United Nations Mission] |
329 |
| |
2. |
Procedural and institutional issues |
330 |
| |
|
(a) |
Note to the Executive Director of the Green Climate Fund concerning a possible relationship agreement between Green Climate Fund and the United Nations |
330 |
| |
|
(b) |
Inter-office memorandum to a Humanitarian Affairs Officer, Funding Coordination Section, the Office for the Coordination of Humanitarian Affairs (OCHA), concerning the review of the proposed “Global Guidelines for Country-Based Pooled Funds” |
333 |
| |
|
(c) |
Inter-office memorandum to the Secretary, United Nations Publications Board, Department of Public Information, regarding the copyright to and use of a special emblem |
335 |
| |
|
(d) |
Inter-office memorandum to the Under-Secretary-General, Department of Peacekeeping Operations, on the proposed use of the United Nations emblem in relation to a course organized by a not-for-profit organization |
336 |
| |
3. |
Procurement |
338 |
| |
|
|
Inter-office memorandum to the Officer-in-Charge, Award Review Board, Department of Management, concerning legal representation in the alternative dispute resolution procedure in relation to procurement bidding |
338 |
| |
4. |
Liability and Responsibility of the United Nations |
340 |
| |
|
|
Inter-office memorandum to the Chief, Intergovernmental and Outreach Section, Office of the High Commissioner for Human Rights, concerning the modification of the standard indemnification provision in a draft license agreement |
340 |
| |
5. |
Miscellaneous |
342 |
| |
|
(a) |
Note to the Executive Secretary of the Convention on Biological Diversity concerning the legal effects of replacing a term used in the Convention in decisions of the Conference of the Parties |
342 |
| |
|
(b) |
Inter-office memorandum to the Director, Outreach Division, Department of Public Information, concerning the collaboration between the United Nations and a not-for profit organization in the selection of films |
345 |
| B. |
Legal opinions of the secretariats of intergovernmental organizations related to the United Nations |
|
| |
1. |
International Labour Organization |
347 |
| |
|
(a) |
Report on a legal opinion on the legal status of the Transitional Provisions of the Forced Labour Convention, 1930 (No. 29) |
347 |
| |
|
(b) |
Report on a legal opinion on the prohibition of forced or compulsory labour as peremptory norm of international law |
348 |
| |
2. |
United Nations Industrial Development Organization |
348 |
| |
|
(a) |
External e-mail message to a Legal Adviser of a United Nations specialized agency concerning the criteria for submission of Agreements/Arrangements to the Policymaking Organs of the United Nations Industrial Development Organization (UNIDO) for review/approval |
348 |
| |
|
(b) |
Internal e-mail message memorandum to a UNIDO Industrial Development Officer concerning partnership with [Company] in a UNIDO project in [State] |
350 |
| |
|
(c) |
Note to the Permanent Mission of [State] concerning imposition of taxes and duties on UNIDO equipment in [State] |
351 |
| |
|
(d) |
Internal e-mail message to a UNIDO Unit Chief and Deputy to the Director concerning the status of a [territory] and the [City] in statistical publications |
351 |
| |
3. |
Universal Postal Union |
352 |
| |
|
|
Interoffice memorandum to the Directorate of Operations and Technology concerning the potential use of official Universal Postal Union (UPU) documents and forms by non-designated operators and other external entitles |
352 |
