Chapter III. General review of the legal activities of the United Nations and related
intergovernmental organizations |
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A. |
General review of the legal activities of the United Nations |
37 |
B. |
General review of the activities of intergovernmental organizations related to the United Nations |
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1. |
International Labour Organisation |
49 |
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2. |
Food and Agriculture Organization of the United Nations |
49 |
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3. |
United Nations Educational, Scientific and Cultural Organization |
54 |
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4. |
International Civil Aviation Organization |
59 |
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5. |
Universal Postal Union |
62 |
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6. |
World Health Organization |
63 |
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7. |
Inter-Governmental Maritime Consultative Organization |
63 |
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8. |
International Atomic Energy Agency |
65 |
Chapter IV. Treaties concerning international law concluded under the auspices of the
United Nations and related inter-governmental organizations |
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A. |
Treaties concerning international law concluded under the auspices of the United Nations |
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1. |
Protocol of entry into force of the amendment to Article 61 of the Charter of the United Nations adopted by the General Assembly in resolution 2847 (XXVI) of 20 December 1971 |
67 |
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2. |
International Convention on the Suppression and Punishment of the Crime of Apartheid. Adopted and opened for signature and ratification by General Assembly resolution 3068 (XXVIII) of 30 November 1973 |
70 |
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3. |
Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents. Adopted by General Assembly resolution 3166 (XXVIII) of 14 December 1973 |
74 |
B. |
Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations |
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1. |
World Health Organization |
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Resolution of the twenty-sixth World Health Assembly amending the Constitution of the World Health Organization (Articles 34 and 55) |
79 |
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2. |
Inter-Governmental Maritime Consultative Organization |
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International Conference on Marine Pollution 1973: |
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(a) |
International Convention for the Prevention of Pollution from ships, 1973. Done at London on 2 November 1973 |
81 |
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(b) |
Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances other than Oil. Done at London on 2 November 1973 |
91 |
Chapter V. Decisions of administrative tribunals of the United Nations and related
intergovernmental bodies |
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A. |
Decisions of the Administrative Tribunal of the United Nations |
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1. |
Judgement No. 167 (23 March 1973): Fernandez Rodriguez v. Secretary-General of the United Nations |
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Application alleging non-observance of terms of appointment—Principle of good faith in relations between the parties to an agreement—Compensation for injury caused by invalid periodic report |
95 |
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2. |
Judgement No. 168 (26 March 1973): Mariaffy v. Secretary-General of the United Nations |
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Application contesting a decision terminating a probationary appointment—Latitude accorded the Administration concerning the duration of the probationary period—Assessment of suitability as an international civil servant is a matter within the competence of the Secretary-General |
96 |
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3. |
Judgement No. 169 (26 March 1973): Senghor v. Secretary-General of the United Nations |
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Termination of the appointment of a staff member holding a fixed-term appointment—The individual concerned must be informed of the reason for the decision to terminate his appointment at the time when it is taken—Payment of compensation in lieu of specific performance |
97 |
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4. |
Judgement No. 170 (30 March 1973): Sule v. Secretary-General of the United Nations |
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Application contesting a decision refusing to renew a fixed-term appointment or to convert it into a different type of appointment |
98 |
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5. |
Judgement No. 171 (3 April 1973): Champetier v. Secretary-General of the United Nations |
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Application seeking compensation for injury caused to the individual concerned by a letter sent by the Administration to the authorities of the country in which he was performing his duties |
99 |
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6. |
Judgement No. 172 (5 April 1973): Quemerais v. Secretary-General of the United Nations |
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Application contesting a decision terminating a regular appointment—The Secretary-General may terminate a staff member holding a regular appointment if, in his opinion, such action would be in the interest of the Organization—The ground of abolition of post may be reasonably invoked only if it proves impossible to retain the staff member in a suitable post—Conditions under which a work evaluation procedure which might lead to the termination of the appointment of a staff member must be conducted—Granting of an indemnity in lieu of reinstatement |
100 |
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7. |
Judgement No. 173 (5 April 1973): Papaleontiou v. Secretary-General of the United Nations |
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Application contesting a decision refusing to renew a fixed-term appointment |
102 |
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8. |
Judgement No. 174 (6 April 1973): Dupuy v. Secretary-General of the United Nations |
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Application contesting a termination decision for abandonment of post—A staff member who, having been the subject of a decision of suspension without pay, is reinstated in his post, must, in principle, be paid his full salary for the entire period of suspension, less appropriate deductions |
103 |
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9. |
Judgement No. 175 (11 October 1973): Garnett v. Secretary-General of the United Nations |
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Motion for interpretation of a Tribunal judgement—Computation, on the basis of Staff Rule 103.9, of the increase in salary following promotion—For the purposes of that provision, "salary" includes post adjustment—The requirements of the provision in question are satisfied if the monthly salary earned by the staff member promoted exceeds, during the year following his promotion, the salary which he would have obtained in his former post by an amount equal to the prorated portion of one full step in the new post allocable to the period |
106 |
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10. |
Judgement No. 176 (12 October 1973): Fayad v. Secretary-General of the United Nations |
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Application for validation of a period of service completed by a participant in the United Nations Joint Staff Pension Fund prior to his admission to the Fund—Question whether the person concerned was a United Nations staff member during that period or not—Computation of the five-year period of service which an associate participant in the Fund must prove in order to become a full participant |
107 |
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11. |
Judgement No. 177 (12 October 1973): Fasla v. Secretary-General of the United Nations |
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Confirmation of a Tribunal judgement which had been the subject of a request for an advisory opinion of the International Court of Justice—Inadmissibility of an application submitted in violation of the rule concerning time-limits for internal remedies |
109 |
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12. |
Judgement No. 178 (16 October 1973): Surina v. Secretary-General of the United Nations |
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Application contesting a decision refusing renewal of a fixed-term appointment—Circumstances liable to create in the holder of such an appointment an expectation of renewal—Granting of an indemnity because of those circumstances |
110 |
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13. |
Judgement No. 179 (18 October 1973): Ashton v. Secretary-General of the International Civil Aviation Organization |
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Application submitted by a claimant of validation of prior service where the claim was barred by time—Question of the existence of a causal link between the Administration's action and the applicant's inaction |
110 |
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14. |
Judgement No. 180 (19 October 1973): Osman v. Secretary-General of the United Nations |
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Application by a former associate participant in the Joint Pension Fund claiming wrongful deprivation of benefits under a provision of the Regulations of the United Nations Joint Staff Pension Fund relating to conditions for admission as a full participant—Rejection of the claim on the grounds that associate participants are not eligible for benefits under the provision in question—Question of the propriety of an administrative decision extending the applicant's appointment to a date prior to the anticipated date of completion of the project to which he was assigned |
111 |
B. |
Decisions of the Adminstrative Tribunal of the International Labour Organization |
112 |
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1. |
Judgement No. 198 (14 May 1973): Ozorio v. World Health Organization |
112 |
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2. |
Judgement No. 199 (14 May 1973): Lee v. Food and Agriculture Organization of the United Nations |
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Calculation of the salary increment upon promotion—Case of a staff member promoted to grade G-6 one month before the addition of new steps to grade G-5—Discretionary power of the Director-General |
113 |
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3. |
Judgement No. 200 (14 May 1973): Pannier v. United Nations Educational, Scientific and Cultural Organization |
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Complaint against a decision to defer the annual salary increment—Limits of the Tribunal's power to interfere with such a decision |
113 |
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4. |
Judgement No. 201 (14 May 1973): Smith v. World Health Organization |
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Request for the revision of a judgement of the Tribunal—There being no provision in the Statute or Rules of Court of the Tribunal for revision, such a request can be considered only in quite exceptional circumstances |
114 |
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5. |
Judgement No. 202 (14 May 1973): Malic v. International Patent Institute |
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Complaint against a decision rejecting the claim of a staff member of benefit from Staff Regulations which came into force subsequent to completion of his probation—A new provision relating to terms of recruitment cannot be validly invoked by a staff member already in service unless it has been given retroactive effect—Meaning of the principle of equal treatment for all staff members of an organization |
114 |
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6. |
Judgement No. 203 (14 May 1973): Ferrecchia v. International Centre for Advanced Technical and Vocational Training (International Labour Organisation) |
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Complaint against a decision to discharge a staff member for misconduct—Right of a staff member against whom disciplinary proceedings are taken to be heard—Principle of proportionality between the misconduct committed and the sanction |
115 |
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7. |
Judgement No. 204 (14 May 1973): Silow v. International Atomic Energy Agency and Food and Agriculture Organization of the United Nations |
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Complaint against a decision that a staff member should retire—Discretionary power of the head of an organization |
116 |
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8. |
Judgement No. 194 (13 November 1972): Vrancheva v. World Health Organization |
117 |
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9. |
Judgement No. 195 (13 November 1972): Chawla v. World Health
Organization |
117 |
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10. |
Judgement No. 196 (13 November 1972): Tewfik v. United Nations Educational, Scientific and Cultural Organization |
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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 |
117 |
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11. |
Judgement No. 208 (14 May 1973): Joshi v. Universal Postal Union |
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Complaint against a decision refusing to grant a serving staff member the benefit of a liberalization of the criteria for recruitment—Limit of the Tribunal's power to interfere with a decision lying within the discretion of the head of the organization—Scope of the principle of equality as between the staff members of the same organization —This principle must be applied within the limits imposed by efficient administration |
118 |
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12. |
Judgement No. 209 (14 May 1973): Lindsey v. International Telecommunication Union |
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Complaint against a decision concerning the effect on salaries of a new exchange rate—Position under the regulations and rules of staff members of an international organization—The Tribunal is not competent to rule on the legality of resolutions adopted by the legislative organs of an international organization |
119 |
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13. |
Judgement No. 210 (14 May 1973): Mendis v. World Health Organization |
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Complaint against dismissal for misconduct—Concept of misconduct—Principle of proportionality between the impropriety and the penalty |
120 |
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14. |
Judgement No. 211 (14 May 1973): Hopkirk v. Food and Agriculture Organization of the United Nations |
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Complaint seeking the rescission of a certificate of service—Discretionary power of the Director-General—A certificate of service, unless expressly covering a specific period, must take account of the entire period of service |
122 |
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15. |
Judgement No. 212 (22 October 1973): Zamudio v. World Health Organization |
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Complaint seeking the rescission of an appraisal report and of a decision to withhold an annual salary increment |
122 |
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16. |
Judgement No. 213 (22 October 1973): Misra v. International Telecommunication Union |
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Criteria for receivability of a complaint: time limits, need for a decision giving grounds for a complaint, rule about exhausting internal remedies |
123 |
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17. |
Judgement No. 214 (22 October 1973): Dhawan v. World Health Organization |
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Complaint against a decision to terminate staff member for abandonment of post—Failure to complete end-of-contract medical formalities does not constitute ground for invalidating a termination |
123 |
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18. |
Judgement No. 215 (22 October 1973): Liberati v. Food and Agriculture Organization of the United Nations |
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Complaint against a decision refusing extension of a period of secondment—The Tribunal is only competent to hear complaints alleging nonobservance, in substance or in form, of the terms of appointment of staff members and of provisions of the Staff Regulations |
124 |
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19. |
Judgement No. 216 (22 October 1973): Hakin v. International Patent Institute |
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Complaint seeking the payment of child allowances—Definition of a dependent child—Case of a divorced staff member not having custody of his children |
124 |
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20. |
Judgement No. 216 (22 October 1973): Hakin v. International Patent Institute |
126 |
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21. |
Judgement No. 216 (22 October 1973): Hakin v. International Patent Institute |
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Complaint seeking the payment of child allowances—Definition of a dependent child—Case of a divorced staff member not having custody of his children |
126 |
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22. |
Judgement No. 216 (22 October 1973): Hakin v. International Patent Institute |
126 |
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23. |
Judgement No. 216 (22 October 1973): Hakin v. International Patent Institute |
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Complaint seeking the payment of child allowances—Definition of a dependent child—Case of a divorced staff member not having custody of his children |
127 |
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24. |
Judgement No. 216 (22 October 1973): Hakin v. International Patent Institute |
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Complaint seeking the payment of child allowances—Definition of a dependent child—Case of a divorced staff member not having custody of his children |
128 |
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25. |
Judgement No. 216 (22 October 1973): Hakin v. International Patent Institute |
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Complaint seeking the payment of child allowances—Definition of a dependent child—Case of a divorced staff member not having custody of his children |
129 |
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26. |
Judgement No. 216 (22 October 1973): Hakin v. International Patent Institute |
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Complaint seeking the payment of child allowances—Definition of a dependent child—Case of a divorced staff member not having custody of his children |
130 |
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27. |
Judgement No. 216 (22 October 1973): Hakin v. International Patent Institute |
131 |
Chapter VI. Selected legal opinions of the Secretariat of the United Nations and related
intergovernmental organizations |
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A. |
Legal opinions of the Secretariat of the United Nations |
132 |
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1. |
National legislation providing for the levying of certain air travel taxes—The United Nations should be exempt from such taxes under section 7 (a) of the Convention on the Privileges and Immunities of the United Nations |
132 |
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2. |
Protection of the United Nations flag and emblem—General Assembly resolutions 92 (I) and 167 (II) and article 6 ter of the Convention for the protection of industrial property—Emblems protected under other international agreements |
136 |
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3. |
Question whether non-United Nations bodies established or maintained with the participation of the Organization may use the United Nations emblem on their Stationery—Question of the use of United Nations decals on equipment |
138 |
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4. |
Conditions under which researchers appointed by the United Nations under special service agreements may publish the results of their work—Publication rights of the United Nations |
139 |
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5. |
Powers of representatives to the General Assembly—Practice of the Credentials Committee—Decisions taken by the Assembly in certain specific cases in the light of the report of the Committee |
139 |
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6. |
Priority of draft resolutions before the General Assembly—A draft resolution submitted at one session will not normally be before a subsequent session unless inter alia there is an express desire on the part of the sponsors to maintain it—Where an agenda item has various subitems the relevant résolutions are voted on in the order of submission regardless of the subitem to which they relate—A draft resolution retains its status even if it is revised |
141 |
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7. |
Officers of subsidiary organs of the General Assembly—Under the rules of I procedure of the Assembly, such officers are elected as individual representatives |
144 |
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8. |
United Nations resolutions restricting relations and collaboration with South Africa until the latter has renounced its policies of racial discrimination and apartheid |
145 |
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9. |
United Nations policy of sanctions in relation to Rhodesian commerce—Comments on whether the authorities of a State could legally exercise some control or exert some influence on commercial companies registered in that State |
148 |
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10. |
Amendment to Article 61 of the Charter increasing the membership of the Economic and Social Council from twenty-seven to fifty-four members—Question whether, during the period between the entry into force of the amendment and the time when the General Assembly elects the new members, the Council should meet in its old composition or whether interim arrangements should be made to permit it to convene with fifty-four members |
149 |
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11. |
Question of the relationship between the terms of office of the officers of the Economic and Social Council and the terms of office of the States members of the Council of which the officers are representatives |
151 |
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12. |
Question whether a Member State which is member of the Economic and Social Council may include in its delegation to the Council an official from another Member State not member of the Council—Question whether such an official could make a statement in the Council on behalf of his own country |
156 |
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13. |
Question of the establishment of a sub-commission of the Commission on Narcotic Drugs—Requirement of an authorization by the Economic and Social Council—Method of reporting and composition of the proposed subcommission |
157 |
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14. |
Constitutional and administrative questions raised by a resolution of the Conference of Ministers of the Economic Commission for Africa, inviting the Executive Secretary of the Commission to present before the Executive Committee of the Conference reports relating to staff conditions |
159 |
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15. |
Question of the participation in the World Population Conference, 1974 of non-governmental organizations and inter-governmental organizations not within the United Nations system—Date of issuance and contents of the letters of invitation |
161 |
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16. |
Allegations relating to massacres in a Non-Self-Governing Territory—Power of the Secretary-General under the Charter to investigate such allegations subject to the consent of the Government concerned—Discretion he may exercise in that respect—The Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples is competent to examine the allegations in question under the general mandate given to it by the General Assembly |
162 |
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17. |
Environment Fund established by General Assembly resolution 2997 (XXVII)—Question of the application to the Fund of the United Nations Financial Regulations and Rules |
163 |
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18. |
Convention on the Privileges and Immunities of the United Nations—Inclusion of additional categories of personnel among the categories of officials to which the provisions of articles V and VII of the Convention shall apply |
164 |
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19. |
Request by the Government of a Member State that United Nations technical assistance experts sign a declaration under an Act on State security |
166 |
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20. |
Request by a Member State that its nationals considered for appointment under a United Nations project should not enjoy on its territory the privileges and immunities normally extended to non-national United Nations officials—Such a request would bar the granting to the persons concerned of United Nations staff appointments |
167 |
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21. |
Question of the issuance of a visa to an official of a regional economic commission—Under both the Convention on the Privileges and Immunities of the United Nations and the relevant headquarters agreement, officials of the Commission regardless of their nationality are entitled to the issuance of any visa which may be required to return to their duty station |
168 |
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22. |
Exemption of United Nations officials from the obligation of submitting a tax return with respect to their United Nations income—Such income is to be considered as non-existent for income tax purposes and should not in particular be taken into account in determining the tax rate on income from other sources |
168 |
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23. |
Technical Co-operation Programme of the United Nations—Question whether communication by the Organization to a Member State of information concerning its nationals serving as associate experts under the Programme would be compatible with the relevant provisions of the Charter and the staff regulations |
169 |
|
24. |
Legal aspects of the establishment of a trade union at the Geneva Office of the United Nations |
171 |
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25. |
Procedure for extending and modifying the International Coffee Agreement, 1968—Under Article 69, paragraph 2 of the Agreement such extension and modification may be effected by way of a resolution of the International Coffee Council—Provisions which such a resolution ought to contain |
174 |
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26. |
Agreement establishing the Asian Rice Trade Fund—Extension of the time limits for signature and acceptance provided for by the Agreement |
176 |
B. |
Legal opinions of the secretariats of intergovernmental organizations related to the United Nations |
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1. |
International Labour Organisation |
178 |
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2. |
Food and Agriculture Organization of the United Nations |
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(a) |
Taxability of a citizen of a member State under an OPAS contract |
179 |
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(b) |
Reimbursement of income tax levied by a member State |
180 |
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(c) |
Applicability of FAO personnel practices to the World Food Programme |
183 |
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(d) |
Grants from FAO |
185 |
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3. |
United Nations Educational, Scientific and Cultural Organization |
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Question of UNESCO's exemption from the value-added tax in France |
185 |
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4. |
Universal Postal Union |
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Currency of payment for international accounts |
187 |