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

Last update: January 24, 2018

1975

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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  
      Privileges and Immunities (International Organizations) Act. F.A.O. (N.A.F.C.—8th Session) Privileges and Immunities Order, 1975 3
  2. Mauritius  
      Order made by the Minister under decision 19 of the International Organizations and Conferences (Privileges and Immunities) Act, 1970 3
  3. Papua New Guinea  
      United Nations and Specialized Agencies (Privileges and Immunities) Act, 1975 6
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. Agreements relating to the United Nations Children's Fund: Revised Model Agreement concerning the activities of UNICEF 24
  4. Agreements relating to the United Nations Development Programme: standard basic agreements concerning assistance by the United Nations Development Programme 24
  5. Standard basic agreements between the United Nations (United Nations Development Programme) and the International Civil Aviation Organization concerning UNDP technical co-operation activities with Governments. Signed at Montreal on 21 November 1975 and at New York on 5 December 1975 26
  6. Exchange of letters constituting an agreement between the United Nations and Poland on principles of financing the participation of the Polish contingent in the United Nations Emergency Force and the United Nations Disengagement Observer Force in the Middle East. New York, 23 October 1975 27
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. International Labour Organisation 29
  3. Food and Agriculture Organization of the United Nations 30
  4. United Nations Educational, Scientific and Cultural Organization 31
  5. World Health Organization 31
  6. International Atomic Energy Agency 31

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 63
  1. International Labour Organisation 63
  2. Food and Agriculture Organization of the United Nations 65
  3. United Nations Educational, Scientific and Cultural Organization 70
  4. International Civil Aviation Organization 75
  5. World Health Organization 77
  6. World Bank 79
  7. International Monetary Fund 80
  8. World Meteorological Organization 83
  9. International Atomic Energy Agency 84
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 the United Nations  
    United Nations Conference on the Representation of States in their Relations with International Organizations 87
    (a) Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character. Done at Vienna on 14 March 1975 87
    (b) Resolutions adopted by the Conference 114
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. 195 (18 April 1975): Sood v. Secretary-General of the United Nations  
      Application from a former staff member who was terminated before his fixed-term appointment expired but subsequently obtained the cancellation of that measure—Legal consequences of the cancellation of a decision because the requirements of due process were not fulfilled—Right of the person concerned to have his qualifications for having his fixed-term appointment converted into a permanent appointment examined as if the cancelled decision had never been taken 117
  2. Judgement No. 196 (18 April 1975): Back v. Secretary-General of the United Nations and United Nations Joint Staff Pension Board  
      Application for compensation for financial losses linked to the devaluation of the dollar—The inequality among retired staff members of the United Nations which may result from a currency devaluation not attributable to the Organization does not impose on the latter any specific duties towards any retired staff member—Question of the date on which payments relating to retirement must be made—Granting of compensation for damage caused by undue delay in the payments of sums due in that regard 119
  3. Judgement No. 197 (22 April 1975) : Osman v. Secretary-General of the United Nations  
      Application for revision of a judgement—Correction of this judgement under article 12 in fine of the Statute of the Tribunal—Rejection of the application notwithstanding the implications of the correction in question on the equity of the case—Obligation of the Tribunal, as a judicial organ, to apply existing law 120
  4. Judgement No. 198 (23 April 1975) : Lane v. Secretary-General of the United Nations  
      Application for rescission of a decision to terminate, in accordance with staff regulation 9.1(c), a probationary appointment after a period of nearly two years beyond the expiry of the said appointment—Conditions to which the conversion of a probationary appointment into a permanent appointment is subject—Entitlement of a staff member anomalously kept in service beyond the maximum probationary period, owing to an administrative error, to due process for the assessment of the suitability of a staff member on probationary appointment for a permanent appointment 122
  5. Judgement No. 199 (24 April 1975): Fracton v. Secretary-General of the United Nations  
      Application for rescission of a decision not to renew a fixed-term appointment—Limits of the Tribunal's authority to review such a decision—Principle of good faith in relations between the parties 123
  6. Judgement No. 200 (24 April 1975) : Bearing v. Secretary-General of the United Nations  
      Application for rescission of a decision of the Secretary-General refusing, on the basis of a recommendation of the Advisory Board on Compensation Claims, to re-open a case concerning compensation—Broad discretionary powers of the Secretary-General with regard to the matter—Irregularity of a decision of the Secretary-General taken on the basis of a recommendation of the Advisory Board made as the result of failure to observe the requirements of due process—Failure to re-employ a recipient of compensation for a service-incurred illness cannot be treated as a termination on the ground of incapacity for further service unless the applicant can claim that he had an appointment entitling him to permanent or continuous service—Rescission of the contested decision and fixing of compensation to be paid to the applicant if the Secretary-General does not consider that further action should be taken 125
  7. Judgement No. 201 (25 April 1975): Branckaert v. United Nations Joint Staff Pension Board  
      Application for rescission of a decision rejecting, on the ground of non-observance of the prescribed time-limit, a request for validation of a period of service for pension purposes 127
  8. Judgement No. 202 (3 October 1975): Queguiner v. Secretary-General of the Inter-Governmental Maritime Consultative Organization  
      Application for an award of compensation, on the basis of the principle of acquired rights, for reduction in the education grant received by the applicant in consequence of an amendment to the Staff Rules—Scope ratione materiae and ratione temporis of the principle of acquired rights 128
  9. Judgement No. 203 (7 October 1975): Sehgal v. Secretary-General of the United Nations  
      Application requesting that a decision not to renew a fixed-term appointment be declared void—Criteria for determining whether the question of the renewal of such an appointment was duly considered and whether actions taken following a rebuttal of a periodic report constitute an appropriate investigation 129
  10. Judgement No. 204 (8 October 1975): Mila v. Secretary-General of the United Nations  
      Application directed against a decision to terminate following a correction of procedure ordered by the Tribunal—Conclusions of the Tribunal regarding the procedure followed for the reconsideration of the case and regarding the regularity of the contested decision—Reparation of the damage sustained by the applicant because of the administrative errors committed during the period preceding his termination 131
  11. Judgement No. 205 (9 October 1975): El-Naggar v. Secretary-General of the United Nations  
      Application contesting a decision not to renew a fixed-term appointment—Obligations of the respondent arising from his "acceptance" of a recommendation by the Joint Appeals Board that he should seek to keep the applicant on the staff and should offer him a new and appropriate appointment 133
  12. Judgement No. 206 (10 October 1975): Queguiner v. Secretary-General of the Inter-Governmental Maritime Consultative Organization  
      Request for reimbursement of medical expenses submitted by a staff member claiming that, owing to a fault on the part of the respondent, he had been denied the benefit of certain arrangements with respect to health insurance applicable in the European Economic Community—Allegation that the impossibility of obtaining reimbursement of the expenses in question demonstrated the inadequacy of the IMCO health insurance plan, an inadequacy for which the respondent should be held responsible 135
  13. Judgement No. 207 (10 October 1975) : Squadrilli v. Secretary-General of the United Nations  
      Application filed by a United States staff member who was not exempt from taxes on his United Nations salaries and emoluments owing to the reservation made by the United States to section 18 (b) of the Convention on the Privileges and Immunities of the United Nations—System of reimbursement established to prevent staff members in the applicant's situation from being at a disadvantage vis-—-vis their colleagues of other nationalities—Methods of calculating the amount which is reimbursable—Rejection, as purely conjectural and incompatible with the obligations flowing from the Convention on the Privileges and Immunities of the United Nations, of the respondent's allegations concerning the provisions which the United States would have taken had it not entered the aforementioned reservation 136
B. Decisions of the Adminstrative Tribunal of the International Labour Organization  
  1. Judgement No. 248 (5 May 1975): Nowakovski v. World Meteorological Organization  
      Complaint against a decision to terminate a permanent appointment for unsatisfactory services 138
  2. Judgement No. 249 (5 May 1975): Nowakovski v. World Meteorological Organization  
      Complaint against a decision to dismiss a request for reconsideration of a claim for compensation for illness attributable to the performance of official duties—Discretionary power of the Secretary-General in his exercise of the right conferred upon him by article 9 of the Statute of the Administrative Tribunal 139
  3. Judgement No. 250 (5 May 1975) : Reding v. Universal Postal Union  
      Complaint against a decision denying the applicability of the benefits provided for in appendix D of the Staff Rules to the holder of a contract containing a provision on compensation in the event of illness 140
  4. Judgement No. 251 (5 May 1975) : De Sanctis v. Food and Agriculture Organization of the United Nations  
      Complaint against a decision to reject the application for a permanent post of a person who had worked for the Organization for several years on fixed-term appointments—Limits of the Tribunal's power to interfere with such a decision and with a decision not to renew a fixed-term appointment 140
  5. Judgement No. 252 (5 May 1975): Routier v. World Health Organization  
      Complaint seeking regrading of a post at a higher level on the basis of the duties associated with the said post—Limits of the Tribunal's power to interfere with decisions in the matter made by the Director-General on the basis of the Staff Manual 141
  6. Judgement No. 253 (5 May 1975): Jimenez v. Pan American Health Organization (PAHO) (World Health Organization) 142
  7. Judgement No. 254 (5 May 1975): Glynn v. World Health Organization  
      Complaint seeking to have periodic reports declared null and void—Purpose of periodic reports under the Staff Rules—Circumstances in which the Tribunal may endorse an allegation of bias against a supervisor 142
  8. Judgement No. 255 (5 May 1975): Glynn v. World Health Organization  
      Receivability of a complaint made directly to the Tribunal under article VII, paragraph 3, of the Statute of the Tribunal 143
  9. Judgement No. 256 (5 May 1975): Conway v. International Labour Organisation  
      Issue by the Organisation of an attestation concerning a staff member—Power of the Tribunal to decide on the legality of such an act—Obligation of the Organisation, except in special cases, to advise the staff member concerned before providing information concerning him—Categories of documents to be placed by the Organisation in the personal file of staff members—Latitude allowed to the Organisation with regard to certain confidential documents 144
  10. Judgement No. 257 (5 May 1975) : Grafstr—m v. Food and Agriculture Organization of the United Nations  
      Complaint seeking an increase in a retirement pension to the level it would have reached if the recipient had not been promoted during her period of employment from the General Service to the Professional category—Interpretation of staff rule 302.2103 as protecting staff members from possible adverse effects on their pension rights of a promotion 145
  11. Judgement No. 258 (27 September 1975): Cantal-Dupart v. United Nations Educational, Scientific and Cultural Organization  
      Summary dismissal of a complaint submitted after the expiry of the time-limit 147
  12. Judgement No. 259 (27 September 1975): Al Joundi v. International Telecommunication Union  
      Irreceivability of a complaint impugning a decision which had become final because it had not been impugned within the prescribed period 147
  13. Judgement No. 260 (27 October 1975): Mofjeld v. Food and Agriculture Organization of the United Nations  
      Complaint seeking to quash a decision terminating the employment of the holder of a fixed-term appointment for "unsuitability for a post" 148
  14. Judgement No. 261 (27 October 1975): Remont v. Food and Agriculture Organization of the United Nations  
      Complaint seeking to attribute liability to the Organization for loss or deterioration of personal property and to obtain compensation for delay in the payment of sums owed by the Organization 148
  15. Judgement No. 262 (27 October 1975): Labadie v. International Patent Institute  
      Complaint seeking to have a promotion granted on the basis of a specific administrative rule granted on the basis of another rule more favourable to the complainant—Distinction, with respect to the Tribunal's power of review, between decisions establishing such rules and subsequent individual decisions to apply them—Interpretation of the texts in question 149
  16. Judgement No. 263 (27 October 1975): Andary v. International Patent Institute  
      Complaint against a decision depriving staff members who have resigned of the right to promotion—Limits of the Tribunal's power of review with respect to such decisions 150
  17. Judgement No. 264 (27 October 1975): Raboz—e v. European Organization for the Safety of Air Navigation  
      Complaint seeking reimbursement of medical expenses incurred in respect of the complainant's spouse and a dependant—Case of a household in which one spouse benefits as a staff member of the Organization from a sickness insurance scheme which is more favourable than that covering the other spouse—Identical rights of male and female staff members with respect to such benefits 151
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. Forms of association of States with the United Nations apart from full membership—Question whether States not members of the United Nations may benefit under the technical co-operation programmes of the United Nations family on the same basis as Member States 153
  2. Question of the responsibility of the United Nations for activities conducted by one of its organs in the territory of a State 153
  3. Provisions of the Headquarters Agreement between the United Nations and the United States of America concerning action by the Host State in case of abuse of the privileges of residence granted by the Agreement—Question whether the Host State is required in such a case to consult the Organization before taking action 155
  4. Privileges and immunities to which representatives of the Council for Mutual Economic Assistance would be entitled in the United States as Host State to the Headquarters of the United Nations in the light of General Assembly resolution 3209 (XXIX) 157
  5. Judicial jurisdiction and law applicable in the Headquarters District under the Headquarters Agreement between the United Nations and the United States of America 157
  6. Comments on the juridical status of the United Nations Demographic Centre in Bucharest, in the light of the Agreement between the United Nations and Romania regarding the establishment of the Centre 159
  7. Insurance of UNEF/UNDOF vehicles against third party liability—Question whether United Nations immunity from legal process should be invoked or waived, where judicial proceedings are instituted against the United Nations in connexion with motor vehicle accidents 160
  8. Advice on the procedure to be followed to collect compensation for damage caused to UNEF property by members of military contingents 161
  9. "Trade Names", "Trade Marks" and "Franchises" 162
  10. Guidelines for implementation of General Assembly resolutions granting observer status on a regular basis to certain regional intergovernmental organizations, the Palestine Liberation Organization and the national liberation movements in Africa 164
  11. Ruling by the President of the twenty-ninth session of the General Assembly regarding the position of the delegation of South Africa —Question whether such a ruling should be considered automatically applicable at the seventh special session of the Assembly, scheduled to open before the official closure of the twenty-ninth regular session 167
  12. Question whether the Secretary-General and the Administrative Committee on Co-ordination could legally take steps to give effect to proposals in regard to the post-adjustment system designed to remedy certain deficiencies in the present system or whether such proposals involving substantial increases in expenditure should be left for the General Assembly 168
  13. Question whether, pending action by the Economic and Social Council, the Economic Commission for Western Asia may invite the .Palestine I^iheration Organization to participate in its session as an observer' taking into "account General Assembly resolution 3237 (XXIX) 170
  14. Question whether admission to membership in the United Nations of a State within the geographical scope of the Economic and Social Commission for Asia and the Pacific automatically entitles such a State to membership in the Commission 171
  15. Question of associate membership in the Economic and Social Commission for Asia and the Pacific of the two dependent territories—the Gilbert Islands and Tuvalu—resulting from the separation of the Ellice Islands from the former Gilbert and Ellice Islands Colony 172
  16. Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders—Question of issuing invitations to States not Members of the United Nations and to individual participants from such States 174
  17. Question whether the United Nations Special Fund may give assistance to national liberation movements under the provisions of the General Assembly resolutions establishing the Fund and defining its operations 176
  18. Establishment by the World Food Conference of an International Fund for Agricultural Development—Convening by the Secretary-General, at the request of the Conference, of a "Meeting of interested countries" to work out the details of the Fund—Question whether the United Nations is responsible for the expenses of the Meeting and its Ad Hoc Working Group 177
  19. Use of Government-financed personnel within the United Nations—Associate experts and junior professionals 178
  20. Question whether locally recruited personnel employed in connexion with a specific UNDP project are United Nations staff members 179
  21. Policy of the Organization with respect to the acceptance of the services of Government officials or experts on a non-reimbursement loan basis—Status of officials or experts engaged on such basis 181
  22. Issuance of laissez-passers to officials of the World Intellectual Property Organization—Special arrangements to take effect after the Convention on the Privileges and Immunities of the Specialized Agencies enters into force in respect of WIPO—Provisional issuance of laissez-passers for the interim period 181
  23. Privileges and immunities of members of the staff of the United Nations—Meaning of the term "officials of the United Nations" for the purpose of application of the Convention on the Privileges and Immunities of the United Nations 183
  24. Convention on the Privileges and Immunities of the United Nations and Convention on the Privileges and Immunities of the Specialized Agencies—Question whether under those Conventions a Host State is required to extend full diplomatic privileges to high officials of the organization concerned who are its nationals or permanent residents 184
  25. Question of the financial responsibility to the Organization of members of the staff for accidental damage caused to United Nations vehicles while driving such vehicles—Policy of the Organization in this respect 186
  26. migration restrictions and from exclusion and deportation proceedings under the Convention on the Privileges and Immunities of the United Nations, the Headquarters Agreement between the United Nations and the United States and the immigration law of the United States 188
  27. Question whether a United Nations official may be granted special leave to complete military service in his country of origin, in the light of the relevant provisions of the Convention on the Privileges and Immunities of the United Nations and of Appendix C of the Staff Rules 190
  28. Exemption from taxation of salaries and emoluments of United Nations officials by virtue of relevant provisions of the Convention on the Privileges and Immunities of the United Nations and applicable General Assembly resolutions with particular reference to the position of members of the Secretariat at United Nations Headquarters in New York 191
  29. Policy of the United Nations regarding requests from governmental authorities for testimony of staff members not having diplomatic status 192
  30. Legal validity of the use by a staff member of the United Nations of a name other than that acquired at birth in the light of New York law which as the law of the staff member's residence is the applicable law in this matter 193
  31. Registration of treaties with the Secretariat of the United Nations under Article 102 of the Charter—Question whether terminated treaties should be registered 194
  32. Depositary functions of the Secretary-General—Rule that any act having the purpose of modifying the application of a treaty must emanate from one of the authorities empowered to bind the State internationally 195
  33. Participation of Belgium and Luxembourg in multilateral treaties deposited with the Secretary-General, in the light of their membership in the Belgo-Luxembourg Economic Union 196
  34. Depositary practice of the Secretary-General regarding the participation of new States in treaties applied to their territoiy prior to independence— Requirement that a decision of succession be communicated to the depositary in the form of a notification emanating from the Head of State, Head of Government or Minister for Foreign Affairs 199
  35. Status in regard to the International Cocoa Agreement 1972 of a newly independent State to whose territory the Agreement had been extended prior to independence ( 1 ) during the ninety-day period within which such a State may notify the Secretary-General that it assumes the rights and obligations of a contracting party; or (2) after this period has expired without such a notification having been made 201
  36. Participation in the International Coffee Agreement 1968—Position of the Secretary-General, as depositary of the Agreement, with respect to entities the status of which is unclear 202
  37. Depositary practice of the Secretary-General when he receives, in connexion with a multilateral treaty not containing a reservations clause, an instrument which includes reservations 203
  38. International Covenant on Economic, Social and Cultural Rights—Fulfilment of the conditions provided for by article 27 ( 1 ) of the Covenant for the purpose of its entry into force 205
  39. Reservations or declarations made by States at the time of signing, ratifying or acceding to multilateral conventions in respect of which the Secretary-General performs depositary functions Practice followed by the depositary regarding communications the nature of which is unclear, in the case of conventions providing for a specific procedure to be applied in respect of reservations 206
B. Legal opinions of the secretariats of intergovernmental organizations related to the United Nations  
  1. World Health Organization  
      Attachment of terminal emoluments of a staff member 207
  2. Universal Postal Union  
      Liability in respect of damage caused by a correspondence item or by a postal parcel to other postal items (1969 Tokyo Convention, article 42, and Postal Parcels Agreement, article 41) 208

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
  1. Austria  
    Administrative Court of Vienna (Verwaltungsgerichtshof)  
      X. v. Vienna Federal Police Board: Decision of 11 April 1975  
      Scope of the immunity from legal process enjoyed by officials of the International Atomic Energy Agency in Austria under the Agency's Headquarters Agreement 214
  2. Switzerland  
    Cantonal Tribunal of the Canton of Vaud, Civil Court  
      X. v. Y.: Judgement of 14 March 1975  
      Suit against an official of the World Health Organization enjoying immunity from legal process in Switzerland under the WHO Headquarters Agreement—Cross-petition by the defendant designed in particular to have the original suit declared inadmissible by reason of the incompetence of the Tribunal—Object of the privileges and immunities granted to WHO officials under the above-mentioned Headquarters Agreement—Granting of time for the opposing party to take the steps necessary for the waiving of the immunity 215

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 220
  2. Particular questions 220
B. United Nations  
  1. General 221
  2. Particular organs  
      Administrative Tribunal 223
      General Assembly 223
      International Court of Justice 224
      Regional Economic Commissions 226
      Secretariat 226
      Security Council 227
      United Nations Forces 227
      United Nations Industrial Development Organization 227
   3. Particular questions or activities  
      Charter revision 227
      Civil war 228
      Collective security 228
      Commercial arbitration 228
      Consular relations 230
      Definition of aggression 230
      Diplomatic relations 230
      Disarmament 230
      Environmental questions 232
      Financing 234
      Friendly relations and co-operation among States 234
      Human rights 235
      International criminal law 238
      International economic law 239
      International terrorism 241
      International trade law 242
      International waterways 243
      Intervention 244
      Law of the sea 245
      Law of treaties 254
      Law of war 256
      Maintenance of peace 259
      Membership and representation 259
      Most-Favoured-Nation Clause 259
      Namibia 260
      Narcotic drugs 260
      Non-Self-Governing Territories 260
      Outer space 260
      Peaceful settlement of disputes 262
      Political and security questions 262
      Progressive development and codification of international law (in general) 263
      Recognition of States 264
      Refugees 264
      Right of asylum 264
      Rule of law 265
      Self-determination 265
      Social defence 266
      State responsibility 266
      State sovereignty 266
      State succession 267
      Technical assistance 267
      Trade and development 267
      Use of force 268
C. Intergovernmental organizations related to the United Nations  
    Food and Agriculture Organization of the United Nations 268
    General Agreement on Tariffs and Trade 270
    Inter-Governmental Maritime Consultative Organization 271
    International Atomic Energy Agency 273
    International Civil Aviation Organization 274
    International Labour Organisation 276
    International Monetary Fund 277
    United Nations Educational, Scientific and Cultural Organization 277
    Universal Postal Union 278
    World Bank 278
      International Centre for Settlement of Investment Disputes 278
    World Health Organization 278