Codification Division Publications: United Nations Juridical Yearbook Codification Division Publications: United Nations Juridical Yearbook

Last update: June 3, 2016

1972

Complete PDF »

Search 1972 Yearbook »

Part One. Legal status of the United Nations and related intergovernmental organization

Chapter I. Legislative texts concerning the legal status of the United Nations and related inter-governmental &organizations  View PDF file
  1. Barbados  
    Notice  
      The Pensions Act, 1947 (Act 1947-20): service determined by His Excellency the Governor-General to be public service for the purposes of the above Act 3
  2. Fiji  
    (a) An Act to amend the Diplomatic Privileges and Immunities Act, 1971 3
    (b) Diplomatic Privileges and Immunities Act, 1971 (No. 26 of 1971) 4
      (i) Diplomatic Privileges (International Organisations) Order, 1972 4
      (ii) Amendment of Sixth Schedule 5
  3. Hungary  
      Legislative decree of the Presidential Council on the procedure to be followed in the case of diplomatic or other immunities 5
  4. Somalia  
      Decree of the Secretary of State for Foreign Affairs  
      Privileges of United Nations and Specialized Agencies 7
  5. United Kingdom of Great Britain and Northern Ireland  
    (a) The Inter-Governmental Maritime Consultative Organization (Immunities and Privileges) (Amendment) Order 1972 8
    (b) The second United Nations Conference on the Standardization of Geographical Names (Immunities and Privileges) Order 1972. 9
  6. United States of America  
    (a) An Act to Amend Title 18, United States Code, to Provide for Expanded Protection of Foreign Officials and for Other Purposes 11
    (b) Amendment to United States Code of Federal Regulations 14
    (c) Communication dated 6 December 1972, from the Acting Director of the United States Federal Bureau of Investigation to the Heads of all Law Enforcement Agencies in the United States 15
Chapter II. Treaty provisions concerning the legal status of the United Nations and related intergovernmental organizations  View PDF file
A. Treaty provisions concerning the legal status of the United Nations  
  1. Convention on the Privileges and Immunities of the United Nations. Approved by the General Assembly of the United Nations on 13 February 1946 18
  2. Agreements relating to meetings and installations 18
  3. Agreements relating to the United Nations Children's Fund: revised model Agreement concerning the activities of UNICEF 23
  4. Agreements relating to the Technical Assistance Sector of the United Nations Development Programme: revised Standard Agreement concerning technical assistance 24
  5. Agreements relating to the Special Fund Sector of the United Nations Development Programme: Standard Agreement concerning assistance from the United Nations Development Programme (Special Fund) 25
  6. Convention on the Privileges and Immunities of the United Nations. Approved by the General Assembly of the United Nations on 13 February 1946 25
  7. Agreements concerning assistance from the World Food Programme. 26
  8. Exchange of letters constituting an Agreement between the United Nations and the Government of the Republic of Cyprus concerning the status of the United Nations Peace-Keeping Force in Cyprus. New York, 31 March 1964  
  .   Exchange of letters constituting an Agreement amending paragraph 38 of the above-mentioned Agreement. Nicosia, 17 April 1972 29
B. Treaty provisions concerning the legal status of the 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 31
  2. Food and Agriculture Organization of the United Nations 32
  3. United Nations Educational, Scientific and Cultural Organization 35
  4. International Atomic Energy Agency 42

Part Two. Legal activities of the United Nations and related intergovernmental organizations

Chapter III. General review of the legal activities of the United Nations and related intergovernmental organizations  View PDF file
A. General review of the legal activities of the United Nations 49
B. General review of the activities of intergovernmental organizations related to the United Nations  
  1. International Labour Organisation 59
  2. Food and Agriculture Organization of the United Nations 60
  3. United Nations Educational, Scientific and Cultural Organization 64
  4. International Civil Aviation Organization 71
  5. International Bank for Reconstruction and Development 74
  6. International Monetary Fund 77
  7. Universal Postal Union 79
  8. Inter-Governmental Maritime Consultative Organization 81
  9. International Atomic Energy Agency 82
Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related inter-governmental organizations  View PDF file
  Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations  
  1. International Labour Organisation  
      Instrument for the Amendment of the Constitution of the International Labour Organisation, adopted by the Conference at its fifty-seventh session, Geneva, 22 June 1972 86
  2. United Nations Educational, Scientific and Cultural Organization  
    (a) Amendments to the Constitution of the United Nations Educational, Scientific and Cultural Organization. Adopted by the General Conference at its seventeenth session 88
    (b) Convention concerning the protection of the world cultural and national heritage. Adopted by the General Conference at its seventeenth session, Paris, 16 November 1972 89
  3. Inter-Governmental Maritime Consultative Organization  
    (a) Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material. Done at Brussels on 17 December 1971 100
    (b) International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Supplementary to the International Convention on Civil Liability for Oil Pollution Damage, 1969). Done at Brussels on 18 December 1971 103
  4. International Atomic Energy Agency  
      Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material. Done at Brussels on 17 December 1971 121
Chapter V. Decisions of administrative tribunals of the United Nations and related intergovernmental bodies  View PDF file
A. Decisions of the Administrative Tribunal of the United Nations  
  1. Judgement No. 153 (14 April 1972): Jayaram v. United Nations Joint Staff Pension Board  
      Request for the commutation into a lump sum of a pension payable at the minimum annual rate—Interpretation of article 29 (d) of the Pension Fund Regulations 122
  2. Judgement No. 154 (18 April 1972): Monasterial v. Secretary-General of the United Nations  
      Decision to withhold payment of a special post allowance—Granting of such an allowance is a matter within the Secretary-General's discretion —Criterion applied by the defendant organization to determine whether a staff member has assumed "the full duties and responsibilities of a post at a higher level than his own" 123
  3. Judgement No. 155 (19 April 1972): Belaineh v. Secretary-General of the United Nations  
      Decision to withhold payment of a special post allowance 124
  4. Judgement No. 156 (20 April 1972): Garnett v. Secretary-General of the United Nations  
      Calculation of salary at promotion—-According to the provisions of the relevant Staff Rule a staff member who is promoted shall receive compensation, during the first year following promotion, in the amount of one step in the new position's salary scale more than he would have received without a promotion 125
  5. Judgement No. 157 (26 April 1972): Nelson v. Secretary-General of the United Nations  
      Termination of a permanent appointment—Right of the Administration, in case of plurality of grounds for termination, to rely on the ground of its choice —Requirement of a complete, fair and reasonable procedure. 126
  6. Judgement No. 158 (28 April 1972): Fasla v. Secretary-General of the United Nations  
      Non-renewal of a fixed-term contract—Obligation of the respondent with regard to periodic reports—Annulment of a periodic report which was prejudiced—Commitment by the respondent to make every effort to find another assignment for the applicant—Failure to fulfil this commitment —Question of which allowances are payable in a case where an assignment for one year or more is cut short 127
  7. Judgement No. 159 (4 October 1972): Grangeon v. Secretary-General of the United Nations  
      Time-limit for filing of appeals before the Joint Appeals Board—Claims found unfounded or frivolous by the Board—Such claims not receivable by the Tribunal 130
  8. Judgement No. 160 (9 October 1972): Acinapura v. Secretary-General of the United Nations  
      Decision refusing payment of post adjustment "at the dependency rate"—Definition of the term "child" for the purposes of the Staff Regulations and the Staff Rules 131
  9. Judgement No. 161 (10 October 1972): Noel v. Secretary-General of the United Nations  
      Termination for abolition of post of a staff member holding a permanent appointment—Allegation that the Joint Appeals Board which considered the matter had been improperly constituted—Obligation of the respondent with regard to the reassignment of a locally recruited staff member 132
  10. Judgement No. 162 (10 October 1972): Mullan v. Secretary-General of the United Nations  
      Application contesting a decision denying a staff member payment of her husband's travel expenses in connexion with her home leave—Any staff member who invokes non-compliance with his contract and his terms of appointment may have recourse to sources of law other than the provisions of the Staff Regulations and Rules—Under the Staff Regulations, the Organization pays the travel expenses of "dependants"—The staff rule which makes a distinction between wife and husband with regard to the payment of travel expenses in connexion with home leave is contrary to Article 8 of the Charter—The provision that entitles a female staff member to payment of her husband's travel expenses only if he is a "dependent husband" is consistent with the Staff Regulations 133
  11. Judgement No. 163 (11 October 1972) : Touhami v. Secretary-General of the United Nations  
      Application for revision of a judgement of the Tribunal—Rejection of the application on the ground of expiration of the time-limit. 135
  12. Judgement No. 164 (12 October 1972): Sabillo v. Secretary-General of the United Nations  
      Application for rescission of a decision of termination 135
  13. Judgement No. 165 (20 October 1972): Kahale v. Secretary-General of the United Nations  
      Application directed, on the one hand, against measures which allegedly imposed discriminatory conditions of service on the applicant and, on the other hand, against a decision concerning the applicant's transfer—Measures which were not administrative decisions cannot be the subject of an appeal to the Joint Appeals Board—Rule that an application shall not be receivable unless the dispute has first been submitted to the appeals body provided for in the Staff Regulations—The Secretary-General's power to relieve a staff member of his duties or invest him with other duties—The head of a unit is competent to reassign a staff member within his unit—An application for relief for injury resulting from an improper decision must be incident to an application for rescission of the decision in question 137
  14. Judgement No. 166 (20 October 1972): Kahale v. Secretary-General of the United Nations (Request for remand of case)  
      Application for the sole purpose of obtaining remand of the case for correction of procedure and denying the Tribunal an opportunity to render a decision on the merits—Non-receivability of such application—Objections to Joint Appeals Board proceedings—Concept of res judicata—Non-receivability of appeals to Joint Appeals Board on the ground of non-observance of the provisions of the Staff Regulations or Rules with regard to another staff member 139
B. Decisions of the Adminstrative Tribunal of the International Labour Organization  
  1. Judgement No. 187 (15 May 1972): Jakesch v. International Atomic Energy Agency  
      Complaint impugning a decision made by a national court—The Tribunal is not competent to hear such a complaint 141
  2. Judgement No. 188 (15 May 1972): Dutreilly v. United Nations Educational, Scientific and Cultural Organization  
      Complaint seeking the rescinding of a decision falling within the discretion of the Director-General—Limits of the Tribunal's authority to review such a decision 142
  3. Judgement No. 189 (15 May 1972): Smith v. World Health Organization  
      Request that a period of absence should be regarded as sickness leave—Obligation of any staff member on sickness leave to submit to the administration such reports on his condition as the Staff Physician shall require 142
  4. Judgement No. 190 (15 May 1972): Waliullah v. United Nations Educational Scientific and Cultural Organization  
      Complaint impugning a decision not to renew a fixed-term contract—Death of the complainant during the course of proceedings—The person succeeding to the rights of a decedent may not submit any claims to the Tribunal other than those which the decedent himself was entitled to present 143
  5. Judgement No. 191 (15 May 1972): Ballo v. United Nations Educational, Scientific and Cultural Organization  
      Complaint seeking the rescinding of a decision not to renew a fixed-term contract—Limits of the Tribunal's authority to review such a decision—Illegality of a decision based on a partial assessment of the work of a staff member 144
  6. Judgement No. 192 (13 November 1972): Baracco v. World Health Organization  
      Complaint impugning a decision to terminate the appointment of a staff member during his probationary period on medical grounds—Such a decision lies within the Director-General's discretion 146
  7. Judgement No. 193 (13 November 1972): Bergin v. United Nations Food and Agriculture Organization  
      Claim submitted by a staff member for compensation for damages—Such damages can only serve as the basis for a claim for compensation before the Tribunal if they flow from an unlawful decision by the Director- General 147
  8. Judgement No. 194 (13 November 1972): Vrancheva v. World Health Organization  
      Decision to terminate a probationary contract—Quashing of the decision as being based on insufficient grounds—Remittal of the case to the Director-General 147
  9. Judgement No. 195 (13 November 1972): Chawla v. World Health Organization  
      Request for the quashing of a decision not to renew a fixed-term appointment 148
  10. Judgement No. 196 (13 November 1972): Tewfik v. United Nations Educational, Scientific and Cultural Organization  
      Complaint seeking either reclassification of a post to a specific grade or a transfer to a post at that grade —Irreceivability of claims submitted for the first time by the complainant in his rejoinder subsequent to the expiry of the prescribed time-limit for appeals—The rule concerning exhaustion of internal appeal procedures—The rule that when an appointment is made it must be assumed that the authority making it has had the opportunity of choosing between a number of possible candidates, except in cases where a candidate has been deprived of his post after a long period of service 149
  11. Judgement No. 197 (13 November 1972): Sternfield v. World Health Organization  
      Termination of an appointment at the end of the probationary period—Authority competent to prepare periodic reports on a staff member— Limits of the Tribunal's authority with regard to decisions falling within the discretion of the Director-General 151
Chapter VI. Selected legal opinions of the Secretariat of the United Nations and related intergovernmental organizations  View PDF file
   Legal opinions of the Office of Legal Affairs of the United Nations  
  1. Question of the possible accession of intergovernmental organizations to the Geneva Conventions for the protection of war victims 153
  2. Decision of the Secretary-General to withdraw the accreditation of the correspondents of the "Central News Agency of China"—Accreditation policy of the United Nations—By deciding in resolution 2758 (XXVI) to "recognize the representatives of the People's Republic of China as the only representatives of China to the United Nations", the General Assembly ipso facto decided on recognition of a Government 154
  3. Proposal that the United Nations join with a Member State in sponsoring the award to a person or an institution of a prize in the field of human environment—Question whether there are legal objections to such a proposal 156
  4. Question whether the United Nations may claim exemption from "production dutries" levied on gasoline by a Member State 158
  5. Facilities accorded to observers at United Nations conferences and meetings held away from Headquarters 159
  6. Requirement under Article 18, paragraph 2 of the Charter that decisions of the General Assembly on budgetary questions be made by a two-thirds majority—Questions which may be characterized as budgetary questions. 160
  7. Convention on the Elimination of Racial Discrimination—Question whether under the Convention the Committee on the Elimination of Racial Discrimination may solicit or use information from sources other than States Parties to the Convention—Conditions under which a co-operation could be established between the Committee and ILO and UNESCO bodies dealing with discrimination 163
  8. Ad Hoc Committee on Co-operation between UNDPand UNIDO—Participation of specialized agencies—Question whether Member States not members of the Committee may participate in its work 168
  9. Question whether a State not member of the United Nations may address the Economic and Social Council or attend a session of the Council. 170
  10. Voting by correspondence in the Commission of Narcotic Drugs under Commission resolution 1 (XX)—Arrangements which the Secretary-General is empowered to make under the resolution 171
  11. Procedure to be followed with respect to a possible application for associate membership in the Economic Commission for Asia and the Far East for the Trust Territory of the Pacific Islands 172
  12. Participation of a State not member of the United Nations as an observer in the Economic Commission for Asia and the Far East—Requirement of a specific decision of the Economic and Social Council to that effect. 173
  13. Question whether non-governmental organizations not in consultative status with the Economic and Social Council may be invited to send observers to the second Asian Population Conference 174
  14. Request of a non-governmental organization to participate with observer status in the United Nations Cocoa Conference—Question whether it is within the competence of the Conference to take action on such a request. 176
  15. United Nations Conference on Trade and Development—Various courses open to the Conference to achieve the enlargement of the Trade and Development Board 178
  16. Adoption of an instrument or instruments to give effect to the amendments approved by the United Nations Conference to Consider Amendments to the Single Convention on Narcotic Drugs, 1961—Form of such an instrument or instruments 180
  17. Extent to which a diplomatic conference can impose on the Secretary-General or other organs of the United Nations duties and obligations in regard to the implementation of any instrument the conference could adopt 186
  18. Adoption by the authorities of a Member State of an Act providing for various controls over the renewal and issue of passports—Extent to which such an Act might hinder the Organization in the execution of its functions and place certain staff members or candidates to secretariat posts at a disadvantage 188
  19. Privileges and immunities of locally recruited staff members of the United Nations—Obligation of Member States under Article 105 of the Charter to accord all staff members whether internationally or locally recruited such privileges and immunities as are necessary for the independent exercise of their functions—Principle of equity among members and equality among personnel of the United Nations, asserted in General Assembly resolution 78 (I) of 7 December 1946 190
  20. Privileges and immunities of United Nations officials who are nationals or residents of the local State—Any State Party to the Convention on the Privileges and Immunities of the United Nations has the obligation to resolve possible conflicts between its income tax legislation and the terms of the Convention by adapting its laws to the Convention 191
  21. Section 19 (b) of the Convention on the Privileges and Immunities of the Specialized Agencies—The salaries and emoluments paid by specialized agencies should not be taken into account in setting the rate of tax on non-exempt income—Co-operation required from staff members in lawfully minimizing their taxes 193
  22. Question whether the provisions of Articles 39 and 41 of the United Nations Charter on sanctions which may be decided on by the Security Council are exclusive of all other collective sanctions imposed by other means. 194
  23. Draft articles on succession of States in respect of treaties—Procedure followed by the World Health Organization concerning the succession of newly independent States to WHO regulations 195

Part Three. Judicial decisions on questions relating to the United Nations and related intergovernmental organizations

Chapter VII. Decisions and advisory opinions of international tribunals  View PDF file
  1. International Court of Justice  
      Appeal relating to the jurisdiction of the ICAO Council (India v. Pakistan): Judgement of 18 August 1972 203
  2. Arbitration case  
      Balakhany (Chad) Limited v. Food and Agriculture Organization of the United Nations: Award of the Arbitrator dated 29 June 1972 206
Chapter VIII. Decisions of national tribunals  View PDF file
  1. Austria  
    Labour Court of Vienna  
    Anton Jakesch v. International Atomic Energy Agency: Decision of 8 July 1971  
      Immunity of the IAEA from legal process under the Headquarters Agreement concluded between the Agency and Austria. 208
  2. Netherlands  
    Court of Cassation (Hoge Raad)  
    State Secretary for Financial Affairs v. Passer: Decision No. 16786 of 7 June 1972  
      Exemption of United Nations officials from all taxation on the salaries and emoluments paid to them by the United Nations—These salaries and emoluments are not to be taken into account in calculating the taxation on income from other sources 208
  3. Philippines  
    Supreme Court  
    World Health Organization and Dr. L. Verstuyft v. Hon. Benjamin Aquino et al.: Decision of 29 November 1972  
      Claim of diplomatic immunity under the Host Agreement between the Philippine Government and the World Health Organization— Where such a claim is recognized and affirmed by the executive branch of the Government, it is the duty of the courts to accept it—Where there is reason to suspect an abuse of diplomatic immunity, the matter should be dealt with in accordance with Article VII of the Convention on the Privileges and Immunities of the Specialized Agencies 209
  4. United States of America  
    United States Court of Appeals, District of Columbia Circuit  
    Charles Coles Diggs et al. v. George P. Shultz, Secretary of Treasury et al.: Decision of 31 October 1972  
      Action for declaratory and injunction relief in respect of the importation of metallurgical chromite from Southern Rhodesia—Question whether the personal interest of appellants in the controversy was sufficient to confer standing on them—Power of Congress to set treaty obligations at naught 211

Part Four. Bibliography

Bibliography View PDF file
Legal bibliography of the United Nations and related intergovernmental organizations   
A. International organizations in general  
  1. General 217
  2. Particular questions 218
B. United Nations  
  1. General 220
  2. Particular organs  
      Administrative Tribunal 223
      Economic and Social Council 223
      General Assembly 223
      International Court of Justice 223
      Regional Economie Commissions 226
      Secretariat 226
      Security Council 227
      Trusteeship Council 227
      United Nations Conference on Trade and Development 227
      United Nations Forces 227
  3. Particular questions or activities  
      Civil war 227
      Commercial arbitration 228
      Consular relations 228
      Definition of aggression 228
      Diplomatic relations 229
      Disarmament 229
      Domestic jurisdiction 232
      Environmental questions 232
      Financing 233
      Friendly relations and co-operation among States 233
      Human rights 234
      International criminal law 237
      International economic law 237
      International terrorism 238
      International trade law 239
      International waterways 240
      Intervention 241
      Law of the sea 241
      Law of treaties 246
      Law of war 248
      Maintenance of peace 250
      Membership and representation 250
      Most-Favoured-Nation Clause 251
      Namibia (South West Africa) 251
      Narcotic drugs 251
      Outer space 251
      Political and security questions 252
      Privileges and immunities 253
      Progressive development and codification of international law (in general) 254
      Recognition of States 255
      Refugees 255
      Right of asylum 255
      Rule of law 255
      Self-determination 255
      State responsibility 256
      State succession 256
      Technical assistance 256
      Use of force 256
C. Inter-governmental organizations related to the United Nations  
    Particular organizations  
      Food and Agriculture Organization of the United Nations 258
      General Agreement on Tariffs and Trade 259
      Inter-Governmental Maritime Consultative Organization 259
      International Atomic Energy Agency 260
      International Bank for Reconstruction and Development 261
      International Centre for Settlement of Investment Disputes 261
      International Civil Aviation Organization 261
      International Labour Organisation 263
      International Monetary Fund 264
      United Nations Educational, Scientific and Cultural Organization 265
      World Health Organization 265