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

Last update: January 24, 2018

1974

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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. Ireland  
      International Atomic Energy Agency (Designation and Immunities) Order, 1972 3
  2. United Kingdom of Great Britain and Northern Ireland  
    (a) The International Atomic Energy Agency (Immunities and Privileges) Order 1974 4
    (b) The Specialized Agencies of the United Nations (Immunities and Privileges) Order 1974 7
    (c) The United Nations and International Court of Justice (Immunities and Privileges) Order 1974 11
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 16
  2. Agreements relating to meetings and installations 16
  3. Agreements relating to the United Nations Children's Fund: revised model agreement concerning the activities of UNICEF 26
  4. Agreements relating to the United Nations Development Programme: standard basic agreement concerning assistance by the United Nations Development Programme 27
  5. Agreement between the United Nations Capital Development Fund and Bolivia concerning assistance from the United Nations Capital Fund. Signed at La Paz on 13 December 1973 28
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 29
  2. Food and Agriculture Organization of the United Nations 30
  3. United Nations Educational, Scientific and Cultural Organization 30
  4. 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  
  I. International Labour Organisation 65
  II. Food and Agriculture Organization of the United Nations 66
  III. United Nations Educational, Scientific and Cultural Organization 69
  IV. International Civil Aviation Organization 75
  V. World Bank 76
  VI. International Monetary Fund 77
  VII. Universal Postal Union 81
  VIII. Inter-Governmental Maritime Consultative Organization 86
  IX. International Atomic Energy Agency 87
Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations  View PDF file
A. Treaties concerning international law concluded under the auspices of the United Nations  
  1. Convention on Registration of Objects Launched into Outer Space. Adopted by the General Assembly on 12 November 1974 89
  2. United Nations Conference on Prescription (Limitation) in the International Sale of Goods. Convention on the Limitation Period in the International Sale of Goods. Adopted by the Conference on 12 June 1974 and opened for signature on 14 June 1974 92
B. Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations  
  1. International Civil Aviation Organization  
      Resolution A 21-2 adopted by the Assembly at its twenty-first session. Amendment to Article 50 (a) of the Convention increasing the membership of the Council to thirty-three 100
  2. Universal Postal Union  
      Second additional Protocol to the Constitution of the Universal Postal Union. Done at Lausanne on 5 July 1974 101
  3. Inter-Governmental Maritime Consultative Organization  
      Amendments to the IMCO Convention. Resolution A.315 (ES.V) adopted on 17 October 1974 at the fifth extraordinary session of the Assembly 103
Chapter V. Decisions of administrative tribunals of the United Nations and related intergovernmental organizations  View PDF file
A. Decisions of the Administrative Tribunal of the United Nations  
  1. Judgement No. 181 (19 April 1974): Nath v. Secretary-General of the United Nations  
      Application contesting a decision not to renew a fixed-term appointment 105
  2. Judgement No. 182 (19 April 1974): Harpignies v. Secretary-General of the United Nations  
      Application alleging the existence on the part of the respondent of an obligation to maintain unchanged the purchasing power of a retirement pension adversely affected by the devaluation of the dollar 106
  3. Judgement No. 183 (23 April 1974): Lindblad v. Secretary-General of the United Nations  
      Application seeking rescission of a decision of dismissal for serious misconduct—Right of every staff member involved in disciplinary proceedings to be accorded fair procedure 108
  4. Judgement No. 184 (24 April 1974): Mila v. Secretary-General of the United Nations  
      Application contesting a decision terminating a permanent contract—Such a decision may not be taken until a complete, fair and reasonable procedure has been carried out 109
  5. Judgement No. 185 (25 April 1974): Lawrence v. Secretary-General of the United Nations  
      Application seeking rescission of a decision to terminate a fixed-term appointment prior to its normal expiry, and payment of an education grant for the period of service not completed 111
  6. Judgement No. 186 (26 April 1974): Smith v. United Nations Joint Staff Pension Board  
      Application seeking rescission of a decision ordering the payment of a child's benefit to the child itself—Interpretation of article 37 (a) of the Pension Fund Regulations and Administrative Rule J.2 (e) of the fund 112
  7. Judgement No. 187 (26 April 1974): Quemerais v. Secretary-General of the United Nations  
      Application for revision of a judgement of the Tribunal, under article 12 of its Statute 113
  8. Judgement No. 188 (4 October 1974): Sule v. Secretary-General of the United Nations  
      Application for revision of a judgement of the Tribunal under article 12 of its Statute 114
  9. Judgement No. 189 (7 October 1974): Ho v. Secretary-General of the United Nations  
      Application requesting an investigation into alleged incidents of hostility towards the applicant 115
  10. Judgement No. 190 (9 October 1974): Smith v. United Nations Joint Staff Pension Board  
      Application for revision of a judgement of the Tribunal under article 1 of its Statute 116
  11. Judgement No. 191 (11 October 1974): De Olague v. Secretary-General of the Inter-Governmental Maritime Consultative Organization  
      Application seeking, (1) payment by the respondent organization of various travel and removal expenses (2) reimbursement for overtime and (3) payment of compensation for moral and material damage said to be due to the non-renewal of a fixed-term contract 117
  12. Judgement No. 192 (11 October 1974): Levcik v. Secretary-General of the United Nations  
      Application contesting a decision refusing to renew a fixed-term appointment because of the refusal by the authorities of the applicant's country of origin to extend his secondment 119
  13. Judgement No. 193 (16 October 1974): Addo v. Secretary-General of the United Nations  
      Application contesting a decision of the Joint Appeals Board declaring an appeal submitted after the expiry of the prescribed time-limit irreceivable 121
  14. Judgement No. 194 (16 October 1974): Witmer v. Secretary-General of the United Nations  
      Application contesting a decision not to offer employment for medical reasons 122
B. Decisions of the Adminstrative Tribunal of the International Labour Organization  
  1. Judgement No. 225 (6 May 1974): Lachs v. United Nations Educational, Scientific and Cultural Organization  
      Complaint submitted directly to the Tribunal in violation of the rule concerning the exhaustion of internal means of redress 124
  2. Judgement No. 226 (6 May 1974): Schawalder-Vrancheva v. World Health Organization  
      Complaint impugning a decision designed, pursuant to a judgement of the Tribunal, to correct an earlier administrative decision—Limits of the Tribunal's authority to review a decision falling within the discretion of the Director-General 125
  3. Judgement No. 227 (6 May 1974): Tufte v. Food and Agriculture Organization of the United Nations  
      Complaint requesting reinstatement lodged by an official who had previously resigned 125
  4. Judgement No. 228 (6 May 1974): Remont v. Food and Agriculture Organization of the United Nations  
      Complaint impugning a decision refusing to upgrade a post held by an official under a fixed-term contract to the level of the post occupied by the same official under a previous contract 126
  5. Judgement No. 229 (6 May 1974): Hrdina v. International Labour Organisation  
      Complaint impugning a decision not to renew a fixed-term contract—Limits of the Tribunal's authority to review such a decision 127
  6. Judgement No. 230 (6 May 1974): Stracey v. Food and Agriculture Organization of the United Nations  
      Complaint submitted by a former associate participant in the United Nations Joint Staff Pension Fund claiming that he had been deprived of a pension as a result of an administrative oversight—Extent of the Tribunal's authority with regard to the determination of the duration of the contract to be offered to a candidate for employment 127
  7. Judgement No. 231 (6 May 1974): Slethold v. General Agreement on Tariffs and Trade  
      Complaint submitted by a person who did not have a contractual relationship with an international organization which recognized the competence of the Tribunal 128
  8. Judgement No. 232 (6 May 1974): Diaz v. United Nations Educational, Scientific and Cultural Organization  
      Complaint impugning a decision refusing to delete a performance report 129
  9. Judgement No. 233 (6 May 1974): Alonso v. Pan American Health Organization (World Health Organization)  
      Complaint impugning a decision placing a promoted official at a lower salary level than that of her former grade 130
  10. Judgement No. 234 (6 May 1974): Chawla v. World Health Organization  
      Request for compensation for loss in exchange value attributable to the delay of the Organization in making a payment 131
  11. Judgement No. 235 (6 May 1974): McCubbin v. Food and Agriculture Organization of the United Nations  
      Complaint seeking payment of the compensation prescribed in the statutory provisions in the event of death attributable to the performance of official duties 131
  12. Judgement No. 236(6 May 1974): Harrod v. International Labour Organisation  
      Irreceivability of a complaint concerning a decision which can no longer be impugned owing to the expiry of the time-limit and conduct of the Organisation which does not constitute a decision impugnable before the Tribunal 132
  13. Judgement No. 237 (21 October 1974): George v. Food and Agriculture Organization of the United Nations  
      Complaint seeking the quashing of a decision to terminate an appointment on grounds of unsatisfactory servicey 133
  14. Judgement No. 238 (21 October 1974): Zoganas v. International Labour Organisation  
      Complaint seeking the quashing of the decisions relating to the results of two competitions held by the Organisation to fill some of its posts 133
  15. Judgement No. 239 (21 October 1974): Fox v. International Labour Organisation 134
  16. Judgement No. 240 (21 October 1974): Hopkirk v. Food and Agriculture Organization of the United Nations 134
  17. Judgement No. 241 (21 October 1974): Santoni v. World Health Organization  
      Complaint seeking the quashing of a decision not to renew a fixed-term appointment 134
  18. Judgement No. 242 (21 October 1974): Stom-Garnier v. European Organisation for the Safety of Air Navigation 135
  19. Judgement No. 243 (21 October 1974): Riley v. International Labour Organisation  
      Complaint seeking the quashing of a decision not to renew a fixed-term appointment 135
  20. Judgement No. 244 (21 October 1974): Ellouze v. International Labour Organisation  
      Complaint submitted by a locally recruited staff member with a view to obtaining non-local status 136
  21. Judgement No. 245 (21 October 1974): Meyer v. International Atomic Energy Agency  
      Complaint seeking the quashing of a decision refusing to extend an appointment by the few days necessary to enable the person concerned to receive a pension 136
  22. Judgement No. 246 (21 October 1974): Ronduen v. United Nations Educational, Scientific and Cultural Organization  
      Complaint alleging non-observance by the respondent Organization of its obligations under the Staff Regulations and Staff Rules with respect to the participation of its staff members in the United Nations Joint Staff Pension Fund 138
  23. Judgement No. 247 (21 October 1974): Nemeth v. Food and Agriculture Organization of the United Nations  
      Complaint against a decision to withhold annual salary increment—Concepts of "unsatisfactory service" and "unsatisfactory conduct"—Grounds of insubordination 139
Chapter VI. Selected legal opinions of the secretariats of the United Nations and related intergovernmental organizations  View PDF file
A. Legal opinions of the Secretariat of the United Nations  
  1. Comments on the question of the responsibility of States with regard to the reparation for injuries incurred by agents of international organizations, in particular the United Nations 142
  2. Comments on a draft agreement between the United Nations and a Member State on the. arrangements for a symposium to be held on the territory of that State under the auspices of the United Nations 144
  3. Immunity of United Nations property and assets from search and from any other form of interference—Section 3 of the Convention on the Privileges and Immunities of the United Nations 145
  4. Question of the exemption of the United Nations from value-added tax in a Member State 146
  5. Exemption of the United Nations from excise duties and taxes on the sale of movable and immovable property forming part of the price to be paid — interpretation of Section 8 of the Convention on the Privileges and Immunities of the United Nations 147
  6. Question whether the United Nations enjoys copyright in the speeches, tape recordings and summaries related to public hearings of the Group of Eminent Persons convened under Economic and Social Council resolution 1721 (LIII) and in tecnnical papers prepared for the Group 148
  7. Question whether the first sentence of Article 19 of the Charter concerning the loss of vote in the General Assembly of Member States two years in arrears in the payment of their contributions has automatic application or is subject to a prior decision of the Assembly 149
  8. Question whether the first sentence of Article 19 of the Charter concerning the loss of vote in the General Assembly of Member States two years in arrears in the payment of their contributions has automatic application or is subject to a prior decision of the Assembly 156
  9. Request contained in General Assembly resolution 3184 C (XXVIII) that the Secretary-General bring that resolution to the attention of "all Member States, as well as all other States and Governments"—question whether this phrase should be interpreted in the same way as an "all States" clause 157
  10. Question whether the expenses of the United Nations Emergency Force (UNEF) set up under Security Council resolution 340 (1973) and of the United Nations Disengagement Observer Force (UNDOF) set up under Security Council resolution 350 (1974) are "expenses of the Organization" within the meaning of Article 17, paragraph 2, of the Charter—Due dates of contributions from Member States to UNEF and UNDOF 159
  11. Extent to which funds from private sources may be used for disaster relief under General Assembly resolution 2816 (XXVI) 162
  12. Use of the term "consensus" in United Nations practice 163
  13. Question of the participation in meetings of the functional commissions of the Economic and Social Council of States not members of the United Nations but members of a specialized agency or of the International Atomic Energy Agency or parties to the Statute of the International Court of Justice 165
  14. Question whether a change of governmental affiliation or nationality of an expert would affect his membership in the Ad Hoc Working Group of Experts of the Commission on Human Rights 166
  15. Representation of national liberation movements in the work of the Economic Commission for Africa 167
  16. Question whether the establishment of a committee jointly by the United Nations Economic Commission for Asia and the Far East and the Food and Agriculture Organization of the United Nations would require formal approval by the Economic and Social Council 171
  17. Use in resolutions, decisions or conclusions adopted by the Trade and Development Board or its subsidiary bodies of the words "as adopted" immediately following references to an existing resolution 172
  18. Question whether the United Nations Industrial Development Organization may finance its operational activities by means of voluntary contributions from sources other than Governments 174
  19. Question of the participation in the Preparatory Committee of the 1974 World Food Conference of States not members of the United Nations but members of a specialized agency or of the International Atomic Energy Agency or parties to the Statute of the International Court of Justice 175
  20. Question of the termination of the Trusteeship Agreement for the Territory of New Guinea 181
  21. Extent to which obligations of specialized agencies as regards relations with South Africa vary under the terms of paragraph 6 of General Assembly resolution 3118 (XXVIII) and of paragraph 13 of General Assembly resolution 3151 G (XXVUI) 183
  22. Immunity of United Nations officials from legal process in respect of words spoken or written and all acts performed by them in their official capacity — Sections 18 and 20 of the Convention on the Privileges and Immunities of the United Nations 187
  23. Extent of the immunity from local prosecution enjoyed by United Nations officials under existing international agreements 188
  24. Publication of an article prepared by a former staff member while still in the service of the United Nations—Obligations deriving in this regard from Staff Regulation 1.5 189
  25. Position of the Secretary-General with respect to the discharge of administrative and depositary functions in relation to treaties concluded under the auspices of the United Nations 190
  26. Formal aspects of the formulation and withdrawal of reservations to multilateral treaties in respect of which the Secretary-General performs depositary functions 190
  27. Convention on a Code of Conduct for Liner Conferences—Practice followed by the Secretary-General with respect to reservations to a multilateral treaty in the absence of any provision in the treaty relating to the acceptance of reservations 191
  28. Question whether a State which is a depositary for a multilateral agreement to which it is not a party can register such agreement with the Secretariat— Practice of the Secretary-General in this respect 192
  29. Practice of the Secretariat with respect to the registration (or filing and recording) of a multilateral treaty by an intergovernmental organization in its capacity as depositary of the treaty 193
  30. Agreement establishing the Asian Rice Trade Fund — Methods of altering the existing provisions of the Agreement 194
  31. International Sugar Agreement, 1973—Authorities competent to sign the relevant instrument of ratification or effect approval of the Agreement 195
  32. Procedure for extending the International Coffee Agreement, 1968, as extended 197
  33. Status of Dominica, St. Lucia and St. Vincent, dependent territories of the United Kingdom, in respect of the International Cocoa Agreement,1972 197
B. Legal opinions of the secretariats of intergovernmental organizations related to the United Nations  
    Food and Agriculture Organization of the United Nations  
      Question whether Staff Rule 302.40643 is consistent with article V1I1.3 of the FAO Constitution 199

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
Chapter VIII. Decisions of national tribunals  View PDF file
  Australia  
  High Court of Australia  
    Bradley v. The Commonwealth of Australia and another: Decision of 10 September 1973  
      United Nations Charter—Resolutions of the Security Council—Effect in Australia—Charter of the United Nations Act 1945, section 3 208

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 214
  2. Particular questions 214
B. United Nations  
   1. General 215
   2. Particular organs  
      Administrative Tribunal 216
      Economic and Social Council 216
      General Assembly 216
      International Court of Justice 217
      Secrétariat 219
      Security Council 219
      United Nations Industrial Development Organization 219
   3. Particular questions or activities  
      Charter revision 219
      Civil war 219
      Collective security 220
      Commercial arbitration 220
      Consular relations 221
      Definition of aggression 221
      Diplomatic relations 221
      Disarmament 222
      Environmental questions 222
      Friendly relations and co-operation among States 224
      Human rights 225
      International criminal law 227
      International economic law 227
      International terrorism 228
      International trade law 230
      International waterways 231
      Intervention 231
      Law of the sea 232
      Law of treaties 239
      Law of war 241
      Membership and representation 244
      Most-Favoured-Nation Clause 244
      Narcotic drugs 244
      Outer space 245
      Peace-keeping 246
      Permanent sovereignty over natural resources 247
      Political and security questions 247
      Progressive development and codification of international law (in general) 247
      Recognition of States 248
      Right of asylum 249
      Rule of law 249
      Self-determination 249
      State responsibility 250
      State succession 250
      Technical assistance 251
      Trade and development 251
      Use of force 251
C. Inter-governmental organizations related to the United Nations  
   1. General 252
   2. Particular organizations  
      Food and Agriculture Organization of the United Nations 252
      General Agreement on Tariffs and Trade 254
      Inter-Governmental Maritime Consultative Organization 255
      International Atomic Energy Agency 255
      International Civil Aviation Organization 256
      International Labour Organisation 257
      International Monetary Fund 258
      International Telecommunication Union 259
      United Nations Educational, Scientific and Cultural Organization 259
      World Bank  
        International Centre for Settlement of Investment Disputes 259