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

Last update: June 3, 2016

1973

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

Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations View PDF file
  1. Canada  
    (a) Privileges and Immunities (International Organizations) Act IAEA Privileges and Immunities Order 3
    (b) Regulation respecting the Taxation Act 4
  2. Netherlands  
      Ministerial Decree of 3 May-15 May 1973 exempting the personnel of certain international organizations from employment insurances 4
  3. Sierra Leone  
      The Diplomatic Privileges (Inter-Governmental Maritime Consultative Organization) Order 1973 5
  4. Singapore  
      The International Organizations (Immunities and Privileges) (International Atomic Energy Agency) Order, 1973 7
  5. Swaziland  
      The Land Speculation Control Act—Exemption under Section 20 9
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 11
  2. Agreements relating to meetings and installations 11
  3. Exchange of letters constituting an Agreement between the United Nations (United Nations Council for Namibia) and Zambia concerning the issuance by the Council of travel and identity documents to Namibians (with a note dated 12 December 1968). Lusaka, 10 July 1970 18
  4. Exchange of letters constituting an Agreement between the United Nations (United Nations Council for Namibia) and Uganda concerning the issuance by the Council of travel and identity documents to Namibians. Kampala, 17 July 1970 21
  5. Agreement between the United Nations (United Nations Council for Namibia) and Nigeria on the right of return to Nigeria of certain Namibians. Signed at New York on 20 April 1972 21
  6. Agreements relating to the Technical Assistance Sector of the United Nations Development Programme: revised standard agreement concerning technical assistance 23
  7. 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) 23
  8. Agreement relating to operational assistance: standard agreement on operational assistance 24
  9. Agreements relating to the United Nations Development Programme: standard basic agreement concerning assistance by the United Nations Development Programme 24
  10. Agreements concerning assistance from the World Food Programme 26
B. Treaty provisions 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 27
  2. International Labour Organisation 28
  3. Food and Agriculture Organization of the United Nations 28
  4. United Nations Educational, Scientific and Cultural Organization 30
  5. World Health Organization 30
  6. World Meteorological Organization 31
  7. International Atomic Energy Agency 32

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 37
B. General review of the activities of intergovernmental organizations related to the United Nations  
  1. International Labour Organisation 49
  2. Food and Agriculture Organization of the United Nations 49
  3. United Nations Educational, Scientific and Cultural Organization 54
  4. International Civil Aviation Organization 59
  5. Universal Postal Union 62
  6. World Health Organization 63
  7. Inter-Governmental Maritime Consultative Organization 63
  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  View PDF file
A. Treaties concerning international law concluded under the auspices of the United Nations  
  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
  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
  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  
  1. World Health Organization  
      Resolution of the twenty-sixth World Health Assembly amending the Constitution of the World Health Organization (Articles 34 and 55) 79
  2. Inter-Governmental Maritime Consultative Organization  
    International Conference on Marine Pollution 1973:  
    (a) International Convention for the Prevention of Pollution from ships, 1973. Done at London on 2 November 1973 81
    (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  View PDF file
A. Decisions of the Administrative Tribunal of the United Nations  
  1. Judgement No. 167 (23 March 1973): Fernandez Rodriguez v. Secretary-General of the United Nations  
      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
  2. Judgement No. 168 (26 March 1973): Mariaffy v. Secretary-General of the United Nations  
      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
  3. Judgement No. 169 (26 March 1973): Senghor v. Secretary-General of the United Nations  
      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
  4. Judgement No. 170 (30 March 1973): Sule v. Secretary-General of the United Nations  
      Application contesting a decision refusing to renew a fixed-term appointment or to convert it into a different type of appointment 98
  5. Judgement No. 171 (3 April 1973): Champetier v. Secretary-General of the United Nations  
      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
  6. Judgement No. 172 (5 April 1973): Quemerais v. Secretary-General of the United Nations  
      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
  7. Judgement No. 173 (5 April 1973): Papaleontiou v. Secretary-General of the United Nations  
      Application contesting a decision refusing to renew a fixed-term appointment 102
  8. Judgement No. 174 (6 April 1973): Dupuy v. Secretary-General of the United Nations  
      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
  9. Judgement No. 175 (11 October 1973): Garnett v. Secretary-General of the United Nations  
      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
  10. Judgement No. 176 (12 October 1973): Fayad v. Secretary-General of the United Nations  
      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
  11. Judgement No. 177 (12 October 1973): Fasla v. Secretary-General of the United Nations  
      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
  12. Judgement No. 178 (16 October 1973): Surina v. Secretary-General of the United Nations  
      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
  13. Judgement No. 179 (18 October 1973): Ashton v. Secretary-General of the International Civil Aviation Organization  
      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
  14. Judgement No. 180 (19 October 1973): Osman v. Secretary-General of the United Nations  
      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
  1. Judgement No. 198 (14 May 1973): Ozorio v. World Health Organization 112
  2. Judgement No. 199 (14 May 1973): Lee v. Food and Agriculture Organization of the United Nations  
      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
  3. Judgement No. 200 (14 May 1973): Pannier v. United Nations Educational, Scientific and Cultural Organization  
      Complaint against a decision to defer the annual salary increment—Limits of the Tribunal's power to interfere with such a decision 113
  4. Judgement No. 201 (14 May 1973): Smith v. World Health Organization  
      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
  5. Judgement No. 202 (14 May 1973): Malic v. International Patent Institute  
      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
  6. Judgement No. 203 (14 May 1973): Ferrecchia v. International Centre for Advanced Technical and Vocational Training (International Labour Organisation)  
      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
  7. Judgement No. 204 (14 May 1973): Silow v. International Atomic Energy Agency and Food and Agriculture Organization of the United Nations  
      Complaint against a decision that a staff member should retire—Discretionary power of the head of an organization 116
  8. Judgement No. 194 (13 November 1972): Vrancheva v. World Health Organization 117
  9. Judgement No. 195 (13 November 1972): Chawla v. World Health Organization 117
  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 117
  11. Judgement No. 208 (14 May 1973): Joshi v. Universal Postal Union  
      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
  12. Judgement No. 209 (14 May 1973): Lindsey v. International Telecommunication Union  
      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
  13. Judgement No. 210 (14 May 1973): Mendis v. World Health Organization  
      Complaint against dismissal for misconduct—Concept of misconduct—Principle of proportionality between the impropriety and the penalty 120
  14. Judgement No. 211 (14 May 1973): Hopkirk v. Food and Agriculture Organization of the United Nations  
      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
  15. Judgement No. 212 (22 October 1973): Zamudio v. World Health Organization  
      Complaint seeking the rescission of an appraisal report and of a decision to withhold an annual salary increment 122
  16. Judgement No. 213 (22 October 1973): Misra v. International Telecommunication Union  
      Criteria for receivability of a complaint: time limits, need for a decision giving grounds for a complaint, rule about exhausting internal remedies 123
  17. Judgement No. 214 (22 October 1973): Dhawan v. World Health Organization  
      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
  18. Judgement No. 215 (22 October 1973): Liberati v. Food and Agriculture Organization of the United Nations  
      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
  19. Judgement No. 216 (22 October 1973): Hakin v. International Patent Institute  
      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
  20. Judgement No. 216 (22 October 1973): Hakin v. International Patent Institute 126
  21. Judgement No. 216 (22 October 1973): Hakin v. International Patent Institute  
      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
  22. Judgement No. 216 (22 October 1973): Hakin v. International Patent Institute 126
  23. Judgement No. 216 (22 October 1973): Hakin v. International Patent Institute  
      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
  24. Judgement No. 216 (22 October 1973): Hakin v. International Patent Institute  
      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
  25. Judgement No. 216 (22 October 1973): Hakin v. International Patent Institute  
      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
  26. Judgement No. 216 (22 October 1973): Hakin v. International Patent Institute  
      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
  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  View PDF file
A. Legal opinions of the Secretariat of the United Nations 132
  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
  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
  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
  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
  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
  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
  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
  8. United Nations resolutions restricting relations and collaboration with South Africa until the latter has renounced its policies of racial discrimination and apartheid 145
  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
  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
  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
  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
  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
  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
  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
  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
  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
  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
  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
  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
  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
  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
  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
  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
  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  
  1. International Labour Organisation 178
  2. Food and Agriculture Organization of the United Nations  
    (a) Taxability of a citizen of a member State under an OPAS contract 179
    (b) Reimbursement of income tax levied by a member State 180
    (c) Applicability of FAO personnel practices to the World Food Programme 183
    (d) Grants from FAO 185
  3. United Nations Educational, Scientific and Cultural Organization  
      Question of UNESCO's exemption from the value-added tax in France 185
  4. Universal Postal Union  
      Currency of payment for international accounts 187

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
   International Court of Justice  
    Application for review of Judgement No. 158 of the United Nations Administrative Tribunal: Advisory Opinion of 12 July 1973 193
Chapter VIII. Decisions of national tribunals  View PDF file
  1. Italy  
    Supreme Court of Cassation (Plenary for Civil Matters)  
    Mrs. C. v. Intergovernmental Committee for European Migration (ICEM): Decision of 7 June 1973  
      Jurisdictional immunity of subjects of international law—Distinction made by the courts of Italy and other countries between private law activities and exercise of public functions—The Convention on the Privileges and Immunities of the Specialized Agencies is not intended to extend immunity to private law activities—Acts regarding the internal structure of an international organization, including the employment relationship with members of its staff, fall within the sovereign powers of subjects of international law and are therefore exempt from the jurisdiction of Italian courts. 197
  2. United States of America  
    New York County Supreme Court—Special Term: Part I  
    Matter of Menon  
      Application pursuant to article 78 of the Civil Practice Law and Rules to compel judges of another court to issue an order to show cause—Dismissal of the application on the ground that whether an order to show cause shall issue involves the exercise of judicial discretion, not a ministerial act—The sovereign status of the United Nations is beyond the court authority to challenge 198

Part Four. Bibliography

Bibliography View PDF file
Legal bibliography of the United Nations and related inter-governmental organizations   
A. International organizations in general  
  1. General 201
  2. Particular questions 202
B. United Nations  
   1. General 203
   2. Particular organs  
      General Assembly 204
      International Court of Justice 204
      Regional Economic Commissions 207
      Security Council 207
      United Nations Industrial Development Organization 207
   3. Particular questions or activities  
      Charter revision 207
      Commercial arbitration 207
      Consular relations 208
      Definition of aggression 208
      Diplomatic relations 208
      Disarmament 209
      Environmental questions 210
      Financing 211
      Friendly relations and co-operation among States 211
      Human rights 213
      International criminal law 214
      International economic law 215
      International terrorism 215
      International trade law 216
      International waterways 216
      Intervention 217
      Law of the sea 217
      Law of treaties 225
      Law of war 227
      Maintenance of peace 230
      Membership and representation 230
      Most-Favoured-Nation Clause 231
      Namibia (South West Africa) 231
      Narcotic drugs 231
      Non-Self-Governing Territories 231
      Outer space 232
      Political and security questions 234
      Privileges and immunities 234
      Progressive development and codification of international law (in general) 234
      Right of asylum 235
      Self-determination 235
      State responsibility 236
      State succession 236
      Trade and development 236
      Use of force 237
C. Inter-governmental organizations related to the United Nations  
   1. General 237
   2. Particular organizations  
      Food and Agriculture Organization of the United Nations 238
      General Agreement on Tariffs and Trade 238
      Inter-Governmental Maritime Consultative Organization 238
      International Atomic Energy Agency 239
      International Bank for Reconstruction and Development 239
      International Centre for Settlement of Investment Disputes 240
      International Civil Aviation Organization 240
      International Labour Organisation 241
      International Monetary Fund 242
      International Telecommunication Union 243
      United Nations Educational, Scientific and Cultural Organization 243
      Universal Postal Union 243
      World Meteorological Organization 243