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

Last update: January 24, 2018

1977

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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. Austria  
      Federal Act of 14 December 1977 on the granting of privileges and immunities to international organizations 3
  2. Ghana  
      Note dated 3 May 1978 from the Permanent Mission of Ghana to the United Nations transmitting information received from the Government of Ghana regarding legislation relating to privileges and immunities of the United Nations and its specialized agencies. 8
  3. United Kingdom of Great Britain and Northern Ireland  
    (a) The International Fund for Agricultural Development (Immunities and Privileges) Order 1977 8
    (b) The International Monetary Fund (Immunities and Privileges) Order 1977 11
  4. United States of America  
      Executive Order 11966 of 19 January 1977 designating certain public international organizations entitled to enjoy certain privileges, exemptions and immunities. 12
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 14
  2. Agreements relating to meetings and installations 14
  3. Agreements relating to the United Nations Children's Fund: Revised model agreement concerning the activities of UNICEF 29
  4. Agreements relating to the United Nations Development Programme: Standard basic agreement concerning assistance by the United Nations Development Programme 30
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 33
  2. International Labour Organisation 34
  3. Food and Agriculture Organization of the United Nations 36
  4. United Nations Educational, Scientific and Cultural Organization 36
  5. World Health Organization 37
  6. International Atomic Energy Agency 37
  7. General Agreement on Tariffs and Trade 39

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  
  1. Disarmament and related matters 43
  2. Other political and security questions 50
  3. Economic, social and humanitarian activities 55
  4. Third United Nations Conference on the Law of the Sea 61
  5. International Court of Justice 64
  6. International Law Commission 65
  7. United Nations Commission on International Trade Law 66
  8. Other legal questions 68
  9. United Nations Institute for Training and Research 71
B. General review of the activities of intergovernmental organizations related to the United Nations  
  1. International Labour Organisation 71
  2. Food and Agriculture Organization of the United Nations 73
  3. United Nations Educational, Scientific and Cultural Organization 78
  4. International Civil Aviation Organization 82
  5. World Health Organization 84
  6. World Bank 85
  7. International Monetary Fund 86
  8. International Telecommunication Union 90
  9. World Meteorological Organization 90
  10. Inter-Governmental Maritime Consultative Organization 91
  11. International Atomic Energy Agency 92
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  
    Additional Protocols to the Geneva Conventions of 12 August 1949. Adopted by the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts on 8 June 1977 95
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. 216 (14 April 1977): Ogley v. Secretary-General of the United Nations  
      Application seeking revision of a judgement of the Tribunal on the ground that the applicant's counsel failed to exercise adequate diligence owing to his impending retirement. 143
  2. Judgement No. 217 (15 April 1977): Vandersypen v. Secretary-General of the International Civil Aviation Organization  
      Application seeking compensation for non-enjoyment of home leave entitlement and of the entitlement to education travel to the duty station for a dependent child attending school away from the duty station 144
  3. Judgement No. 218 (19 April 1977): Trenczak v. Secretary-General of the United Nations  
      Application contesting two successive decisions declining to reopen a case relating to the award of compensation for illness attributable to the performance of official duties — Rescission of the two decisions on the ground that they were based on an "unreasonable and arbitrary" refusal by the Advisory Board on Compensation Claims to accept evidence which could have led to a reconsideration of its assessment of the applicant's disability 144
  4. Judgement No. 219 (19 April 1977): Pochonet v. Secretary-General of the United Nations  
      Application contesting a decision to terminate a permanent appointment for unsatisfactory services — A complete, fair and reasonable procedure must be carried out prior to such decision. 145
  5. Judgement No. 220 (20 April 1977): Hilaire v. Secretary-General of the United Nations  
      Application contesting a decision to terminate an appointment for abandonment of post. 146
  6. Judgement No. 221 (21 April 1977): Berube v. Secretary-General of the International Civil Aviation Organization  
      Application by a staff member who accepted the replacement of her appointment with an appointment at a lower grade — Question whether the offer of the new appointment is an administrative decision and whether the resulting contract of acceptance is subject to appeal to the internal appeals body — Reasons for which a contract of employment is voidable 147
  7. Judgement No. 222 (25 April 1977): Archibald v. Secretary-General of the United Nations  
      Application contesting summary dismissal for serious misconduct — Discretionary power of the Secretary-General in the matter. 148
  8. Judgement No. 223 (26 April 1977): Ibañez v. Secretary-General of the United Nations  
      Application contesting a decision to make no change in a periodic report — Rescission of the decision as being based on an appraisal which was contrary to the assessment contained in the periodic report 148
  9. Judgement No. 224 (28 April 1977): Aouad v. United Nations Joint Staff Pension Board  
      Application seeking the award of a disability benefit — Decision by the Tribunal to defer its judgement pending a ruling by the ILO Administrative Tribunal on the applicant's request for reinstatement in the service of WHO 149
  10. Judgement No. 225 (6 October 1977): Sandys v. Secretary-General of the United Nations  
      Application contesting a decision to terminate an appointment under staff regulation 9.1 (a) — Power of the Tribunal to review the regularity of the procedure prior to the decision in question 150
  11. Judgement No. 226 (12 October 1977): Aouad v. United Nations Joint Staff Pension Board  
      Award of a disability benefit by the WHO Staff Pension Committee Refusal of the Secretary of the Pension Board to certify the benefit on the ground that, at the time of separation from service, the applicant had not exhausted his leave entitlement — Requirements of due process before the Standing Committee of the Pension Board — Rescission of the contested decision — Obligation of WHO to make, jointly with the Pension Fund, the necessary arrangements for implementation of the judgement. 150
  12. Judgement No. 227 (12 October 1977): Hill v. Secretary-General of the United Nations  
      Award of compensation to the applicant for injury caused by a decision terminating his employment before the expiry of the probationary period agreed upon by the parties — Question whether, for the purpose of calculating the compensation, the applicant should have been accorded the same treatment as a staff member terminated immediately upon extension of his contract — Question of the applicability in the case in question of the provisions of the Staff Rules relating to salary increments 151
  13. Judgement No. 228 (13 October 1977): Rivet v. United Nations Joint Staff Pension Board  
      Decision of the General Assembly establishing a new system of adjustment of pensions under which benefits which commenced before 1 January 1975 are subject to a ceiling, namely, the amount which would have been payable if the benefit had commenced on 1 January 1975 — Such ceiling to be calculated on the basis of the pensionable remuneration rates during the period from 1 January 1972 to 31 December 1974 of a position at the same level as that of the recipient of the benefit — Special case of the former holder of an ungraded post the salary for which was increased after the retirement of the person concerned — Question whether the pensionable remuneration in question should be that received by the person concerned before his retirement or that of the holder of the post during the period from 1 January 1972 to 31 December 1974 153
  14. Judgement No. 229 (14 October 1977): Squadrilli v. Secretary-General of the United Nations  
      Decision of the General Assembly permitting the recognition as pensionable of periods of service prior to their membership in the United Nations Joint Staff Pension Fund of staff members of UNRWA still in service on 31 December 1975-Decision of UNRWA extending coverage under that decision to a former staff member who retired in 1967 — Question whether the increased retirement benefits are payable as from 1 January 1976 or as from the date of retirement 154
  15. Judgement No. 230 (14 October 1977): Teixeira v. Secretary-General of the United Nations  
      Competence of the Tribunal to hear, by consent of the parties, a dispute between the Organization and a person employed under a special service agreement and not having, under the terms of the agreement, the status of a United Nations staff member — Obligation of the Organization, as set forth in the Convention on the Privileges and Immunities of the United Nations and recognized in judgements of the United Nations and ILO Administrative Tribunals, to provide the safeguard of an appeals procedure to persons with whom it enters into contracts — Award of compensation to the applicant for damage suffered by reason of delay on the part of the Organization in providing him with an appeals procedure. 155
B. Decisions of the Adminstrative Tribunal of the International Labour Organization  
  1. Judgement No. 286 (6 June 1977): Lemercier v. International Patent Institute 157
  2. Judgement No. 287 (6 June 1977): Natus v. International Patent Institute 158
  3. Judgement No. 288 (6 June 1977): Callewaert v. International Patent Institute 158
  4. Judgement No. 289 (6 June 1977): Degraeve v. International Patent Institute 158
  5. Judgement No. 290 (6 June 1977): Reekmans v. International Patent Institute 158
  6. Judgement No. 291 (6 June 1977): Finkelstein v. United Nations Educational, Scientific and Cultural Organization  
      Complaint impugning a decision not to renew a fixed-term contract — Limits of the Tribunal's power of review with regard to such decisions 158
  7. Judgement No. 292 (6 June 1977): Molloy v. European Organisation for the Safety of Air Navigation  
      Conditions for the payment of a special rate of educational allowance to officials of a nationality other than that of the country of their duty station — Amendment by "Office Notices" of the system established by the Rules of Application of the Staff Regulations of the Agency — Failure of the Agency to reply to a request for an interpretation of those Rules — Receivability of a complaint submitted in such circumstances — Substantive and formal conditions that must be met in order that Rules may be validly amended by an "Office Notice" 158
  8. Judgement No. 293 (9 June 1977): Connolly-Battisti v. Food and Agriculture Organization of the United Nations  
      Complaint impugning a decision changing the description of a type of appointment 161
  9. Judgement No. 294 (6 June 1977): Connolly-Battisti v. Food and Agriculture Organization of the United Nations  
      Reform of the step system of one of the grades of the General Service category having the effect of adding three additional steps to that grade — Situation of staff members who, at the time of the reform, had been at the highest step of that grade for several years — Decision of the Administration to grant those staff members, in implementation of the reform, the step immediately above the last step of the former system — Purpose of step increases — Principle of equal treatment of staff members 161
  10. Judgement No. 295 (6 June 1977): Grenet v. International Labour Organisation  
      Complaint by a staff member seconded from a national administration referring to delay in his recruitment by the defendant organization and requesting various refunds 163
  11. Judgement No. 296 (6 June 1977): Haglund v. International Labour Organisation  
      Complaint seeking compensation from an organization other than the defendant organization — Irreceivability of the complaint owing to expiry of the time-limit 163
  12. Judgement No. 297 (6 June 1977): Loroch v. Food and Agriculture Organization of the United Nations  
      Decision not to renew a fixed-term appointment — Limits of the Tribunal's power of review with regard to such a decision — Advisory function of internal appeals bodies 164
  13. Judgement No. 298 (6 June 1977): Gorner v. European Southern Observatory  
      Complaint falling outside the competence of the Tribunal in that it impugns a decision by a national court, and irreceivable by reason of expiry of the time-limit in that it is directed against a decision of the defendant organization 164
  14. Judgement No. 299 (6 June 1977): Mollard v. International Labour Organisation  
      Complaint impugning a decision determining the level of a post — Limits of the Tribunal's power of review with regard to such a decision — Every post description covers not only purely material considerations but also subjective ones taking account of the responsibilities of the incumbent 165
  15. Judgement No. 300 (6 June 1977): Ledrut and Biggio v. International Patent Institute  
      Decisions refusing promotion to the complainants — Limits of the Tribunal's power of review with regard to such decisions — Differences in career patterns which are justified by administrative reasons do not breach the principle of equal treatment 165
  16. Judgement No. 301 (6 June 1977): Schmitter v. International Patent Institute  
      Complaint impugning a refusal of promotion — Limits of the Tribunal's power of review with regard to such a decision 166
  17. Judgement No. 302 (6 June 1977): Smith v. European Organisation for the Safety of Air Navigation  
      Complaint deemed irreceivable owing to expiry of the time-limit 167
  18. Judgement No. 303 (6 June 1977): Brisson, Demeter, Van De Vloet and Verdelman v. International Patent Institute  
      Decisions refusing promotion to the complainants — Limits of the Tribunal's power of review with regard to such decisions — Rejection of arguments based on the composition of the body responsible for recommending staff members for promotion — Lack of binding force of documents containing mere guidelines — Power of the Director-General to adapt the conditions of promotion to administrative requirements 167
  19. Judgement No. 304 (6 June 1977): Karskens v. International Patent Institute 168
  20. Judgement No. 305 (6 June 1977): Guyon and Nicolas v. International Patent Institute  
      Complaints impugning final decisions not appealable to the internal appeals body but which nevertheless formed the subject of a recommendation by the internal appeals body — The time-limit for impugning such decisions before the Tribunal runs from the final decision and not from the purely confirmatory decision taken following the recommendation of the internal appeals body. 168
  21. Judgement No. 306 (6 June 1977): Almini v. International Centre for Advanced Technical and Vocational Training (International Labour Organisation)  
      Complaint impugning a decision not to renew a fixed-term contract — Quashing of the decision as based on conclusions not borne out by the dossier 169
  22. Judgement No. 307 (6 June 1977): Labarthe v. Food and Agriculture Organization of the United Nations  
      Question of the receivability of the complaint — Review by the Tribunal of the possible ways in which the complainant could bring his case before it — Conclusion of the Tribunal considering the complaint as filed by a person alleging non-observance of a binding promise of employment — Interpretation of the words "terms of appointment" as used in paragraph 5 of the Statute of the Tribunal — Indissociability of the question of receivability and the question of the merits — Decision of the Tribunal that a binding contract was made between the parties and granting compensation to the complainant 169
  23. Judgement No. 308 (6 June 1977): Phillips, De Laet, Van Maren, Bake, Bracke, Duren and VuilIemin v. International Patent Institute  
      Coexistence within the Organization of two pension schemes — Complaint seeking the quashing of a measure considered by the participants in one of the two schemes as breaching the principle of equal treatment — Interpretation of that principle by the Tribunal — Lack of competence of the Tribunal to order the adoption of new rules eliminating in future the differences in treatment mentioned in the complaint 170
  24. Judgement No. 309 (6 June 1977): Aouad v. World Health Organization  
      Complaint impugning a decision refusing to reinstate a staff member who had resigned 171
  25. Judgement No. 310 (6 June 1977): Steele v. International Labour Organisation  
      Complaint seeking to have the Tribunal reprimand those responsible for a decision and quash a decision not to renew a fixed-term appointment — Lack of competence of the Tribunal with regard to the first request — Limits of the Tribunal's power of review with regard to the second request 171
  26. Judgement No. 311 (6 June 1977): Pinto de Magalhaes v. International Labour Organisation  
      Sudden transfer of a staff member, prompted by the desire of the Organisation to separate him from one of his colleagues — Quashing of the transfer decision because it drew clearly mistaken conclusions from the facts and award of damages for the moral prejudice suffered by the complainant 172
  27. Judgement No. 312 (6 June 1977): Corredoira-Filippini v. Food and Agriculture Organization of the United Nations  
      Complaint impugning a decision not to review a fixed-term contract — Limits of the Tribunal's power of review with regard to such a decision 172
  28. Judgement No. 313 (21 November 1977): Beerten v. International Patent Institute  
      Complaint impugning a decision which had not come into effect at the time when the complaint was filed — Failure to respect the principle of exhaustion of internal means of redress imputable to the chairman of the internal appeals body — Receivability of the complaint — Interpretation of the rule by which, in case of promotion, a staff member's seniority in his new grade is determined 173
  29. Judgement No. 314 (21 November 1977): Rempp v. International Patent Institute  
      Complaint seeking the quashing of a salary deduction following a strike — Principle of international public service that salary is payable only for services rendered 174
  30. Judgement No. 315 (21 November 1977): Fano v. International Labour Organisation  
      Complaint seeking payment of a separation allowance not provided for in the contract of appointment 175
  31. Judgement No. 316 (21 November 1977): Reitan v. International Labour Organisation  
      Complaint impugning a decision not to renew a fixed-term contract — Limits of the Tribunal's power of review with regard to such a decision 175
  32. Judgement No. 317 (21 November 1977): Rhyner-Cuerel v. Universal Postal Union  
      Dispute concerning a "contract for the settlement of termination entitlements" concluded between the complainant, the defendant Organization and its Provident Scheme — Lack of competence of the Tribunal with regard to such a contract — A complaint contesting a decision of the Scheme defining the scope of the contract on important points would be receivable if directed against the Scheme, an independent legal entity, and if the rule of the exhaustion of internal means of redress were observed 175
  33. Judgement No. 318 (21 November 1977): Joyet v. World Health Organization  
      Dismissal of the holder of a probationary contract at the end of the probationary period — Special nature of the situation of a probationer compared with that of an established official or the holder of a fixed-term appointment or of one without limit of time — Discretionary authority of the Director General regarding a probationer and limits of the Tribunal's power of review in that regard 176
  34. Judgement No. 319 (21 November 1977): Smargiassi-Steinman v. Food and Agriculture Organization of the United Nations  
      Complaint by a staff member given local status at the time of her recruitment as a citizen of the country of the duty station relying on a subsequent change of nationality to obtain non-local status 177
  35. Judgement No. 320 (21 November 1977): Ghaffar v. World Health Organization  
      Complaint impugning a decision terminating the appointment of a probationer — Judgement of the Tribunal quashing the decision because false conclusions had been drawn from the dossier and essential facts had not been taken into consideration and ordering the reinstatement of the complainant 178
  36. Judgement No. 321 (21 November 1977): Rajan v. United Nations Educational, Scientific and Cultural Organization  
      Complaint impugning the non-renewal of a fixed-term contract — Decision of the Tribunal concluding that the impugned decision was lawful and that there was no fault incurring the liability of the Organization 178
  37. Judgement No. 322 (21 November 1977): Breuckmann v. European Organisation for the Safety of Air Navigation (Eurocontrol)  
      Complaint concerning a request for a dependent child allowance submitted six years after the birth of the child — Refusal of the Organization to pay the allowance for the period prior to the application — Competence of the Tribunal to consider the complaint despite a provision of the basic treaty of Eurocontrol affirming the jurisdiction of national courts in respect of disputes between the Organization and its personnel — The Tribunal takes no account of municipal law unless it embodies general principles of law — Entitlement to family allowances, although not subject to a time-limit, must be exercised within a reasonable period in view of the purpose of that allowance and administrative requirements 179
  38. Judgement No. 323 (21 November 1977): Connolly-Battisti v. Food and Agriculture Organization of the United Nations  
      Complaint contesting the method of calculating a salary adjustment rate — Question of the receivability of the complaint — Contention of the defendant — Organization denying the existence of nonobservance of the terms of appointment — Opinion of the Tribunal that a decision which, as a result of the application of an incorrect method of calculation, deprived a staff member of part of the adjustment to which he was entitled constitutes non-observance of the provisions of the terms of appointment — The freedom of choice which the regulations often leave the Organization regarding the methods of discharging its obligations undoubtedly allow the Administration to change its methods but until the change is made, an official is entitled to have the obligations in question discharged in the manner selected by the Administration itself — Argument of the defendant Organization contending the complaint is timebarred — Rejection of the theory that a decision of a governing body having an effect on the rights of staff members ipso facto alters those rights from the moment it is made — A complaint may be made at any time if the Organization is in continuing breach of one of its obligations — Argument of the Organization contesting the competence of the Tribunal to consider a decision taken by a governing body in the exercise of its constitutional powers — Rejection by the Tribunal of a theory which would lead to the conclusion that a staff member's contract gives him no rights that a governing body cannot nullify — Quashing of the impugned decision in so far as it was based on an arbitrary method of calculation 180
  39. Judgement No. 324 (21 November 1977): Magassouba v. International Computing Centre (World Health Organization)  
      Complaint impugning a decision not to renew a fixed-term contract — Limits of the Tribunal's power of review with regard to such a decision — Failure of the complainant in his basic duties which alone warranted the refusal to renew his contract 183
  40. Judgement No. 325 (21 November 1977): Verdrager v. World Health Organization  
      Complaint by a staff member dismissed for having successively refused two transfers — Review of the applicable texts and the general principles of international public service affirming the priority of the general interest over individual interests — Right of the Director-General to terminate the appointment of a staff member having committed a grave breach of duty 184
  41. Judgement No. 326 (21 November 1977): Price v. Pan American Health Organization (PAHO) (World Health Organization)  
      Complaint impugning a decision rejecting the application of a staff member for a post with the Organization — Charges based on the composition of the selection committee and the alleged failure of the committee to have regard to a provision concerning the appointment to vacancies of persons already in the service of the Organization 185
  42. Judgement No. 327 (21 November 1977): Zimmer v. United Nations Educational, Scientific and Cultural Organization  
      Complaint following an internal appeal considered by the defendant Organization to have been erroneously declared receivable by the internal appeals body — Decision of the Tribunal concluding that the internal appeal was proper — That decision does not settle the question of the receivability of the complaint itself but settles a preliminary point on which receivability of the complaint depends — Limits of the Tribunal's power of review with regard to a decision described by the complainant as a decision to dismiss her which was in fact a decision not to renew a fixed-term contract 185
  43. Judgement No. 328 (21 November 1977): Conrad, Argote-Vizcarra, Ordonez, Carrillo-Fuller, Rodriguez, Gandolfo, Alcade-Beckner and Blaise v. Pan-American Health Organization (PAHO) (World Health Organization)  
      Decision replacing the local status given the complainants at the time of their recruitment by international status — Date to be taken into consideration in calculating the sums due to the complainants in respect of benefits linked to international recruitment 186
  44. Judgement No. 329 (21 November 1977): Quansah v. International Labour Organisation  
      Complaint considered irreceivable because of expiry of the time-limit 187
  45. Judgement No. 330 (21 November 1977): Peltre v. International Patent Institute  
      Complaint impugning a decision refusing promotion — Limits of the Tribunal's power of review with regard to such a decision 187
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  
  1. Legal obstacles to the installation of a non-United Nations radio transceiver and antenna within United Nations premises 188
  2. Question whether the use of pictures of United Nations buildings for commercial purposes is lawful under existing General Assembly resolutions concerning the protection of the United Nations emblem, name and flag, the law of the host State on copyright and the Agreement between the United Nations and the host State concerning the site where the buildings concerned are located 188
  3. Representation of Member States in organs of the United Nations — Requirement of full powers under the rules of procedure of the principal organs of the United Nations — Designation in the credentials of permanent representatives of the organs before which they are authorized to act 191
  4. Appropriate form for a notification to the Secretary-General of the appointment of a Chargé d'Affaires ad interim. 192
  5. Question of the admission by a non-member State into its territory of holders of Southern Rhodesian passports in the light of the unilateral declaration, by the non-member State concerned, that it would take care to prevent its territory from being used for the purpose of circumventing the Security Council sanctions — Paragraph 5 of Security Council resolution 253 (1968) 192
  6. Comments on some procedural questions in connexion with the proposal that the thirty-third session of the General Assembly be held away from United Nations Headquarters 194
  7. Statute of the Joint Inspection Unit approved by General Assembly resolution 31/192 — Question whether a specialized agency may reserve its position with respect to any of the articles of the Statute — Procedure which might be followed in this respect 199
  8. Resolution of the General Assembly containing a request to the Secretary-General concerning the investment of the assets of the United Nations Joint Staff Pension Fund — Under the Regulations of the Pension Fund, the Secretary-General has the ultimate authority over the investments of the Fund but is not precluded from receiving advice in this connexion from the General Assembly 200
  9. Recommendation of the International Civil Service Commission established by General Assembly resolution 3357 (XXIX) for the application, within the organizations participating in the United Nations common system, of new salary scales applicable to their General Service staff based in Geneva — Question whether there would be legal obstacles to the implementation of that recommendation by the Secretary-General — Concepts of "acquired rights" and "contractual rights" 201
  10. Question whether the United Nations has the obligation to pay emoluments to the members of the Human Rights Committee established by the International Covenant on Civil and Political Rights and its Optional Protocol — Question of how the resulting expenditures connected with the first (1977) session of the Committee are to be met. 213
  11. Advice regarding the manner in which a relationship agreement between the United Nations and the World Tourism Organization should be negotiated 215
  12. Comments on the admission of the Palestine Liberation Organization (PLO) and of Egypt in the Economic Commission for Western Asia (ECWA) 217
  13. Comments on the question of the designation by a member or associate member of ESCAP of its representative on the Commission as observer 220
  14. Confidential procedures established by successive resolutions of the Economic and Social Council for the handling, within the Commission on Human Rights and its Sub-Commission on Prevention of Discrimination and Protection of Minorities, of communications relating to human rights and fundamental freedoms — Specific case of communications from non-governmental organizations in consultative status with the Economic and Social Council — Practice followed in the Commission on Human Rights and the Sub-Commission on Prevention of Discrimination and Protection of Minorities — Question of the suspension or withdrawal of consultative status of non-governmental organizations 222
  15. 1961 Convention on Narcotic Drugs — Question of international shipments of small quantities of drugs seized in the illicit drug traffic for the purpose of examination in foreign laboratories or of evidence to be provided in the course of court proceedings 228
  16. 1971 Convention on Psychotropic Substances — Question whether, in view of the amending procedure provided for in articles 2 and 17, paragraph 2 of the Convention, the Commission on Narcotic Drugs could take a decision to include in Schedules I-IV of the Convention the salts of the substances listed in those schedules before having received a corresponding recommendation from the World Health Organization, on the understanding that such a decision would become effective only after receipt of the recommendation in question — Question whether, alternatively, the Commission could take a vote by correspondence on an appropriate recommendation from WHO 230
  17. Comments on whether, under the International Cocoa Agreement, 1975, the International Cocoa Council could legally raise the minimum and maximum prices in Article 29 (1) separately so as to increase the range of 16 United States cents per pound and, if so, whether, having regard to Article 29 (5), the Council could adjust other articles in the Agreement which would be affected by the increase in the range without resorting to the amendment procedures in Article 76 231
  18. Practice followed within the United Nations system regarding the choice of the depositary of a treaty establishing an international organization — Specific case of the Charter of the United Nations — Choice of New York as the Headquarters of the United Nations 233
  19. Practice of the Secretary-General as the depositary of amendments to treaties establishing intergovernmental organizations — Case where such amendments give rise to the deposit of instruments of ratification or acceptance after the entry into force of such amendments for all the members of the organization established by the treaty — Obligation of the depositary to receive and to bring to the attention of the parties any instrument in good and due form provided for by the final clauses 234
  20. Practice of the Secretary-General as the depositary of multilateral treaties regarding any communication from a newly independent State announcing in general terms its intention to succeed to treaties rendered applicable to its territory prior to its attainment of independence by the State then responsible for its international relations 235
  21. Practice of the Secretary-General as the depositary of multilateral treaties establishing intergovernmental organizations — Status in regard to such a treaty of a newly independent State to whose territory the treaty was rendered applicable, prior to independence, by the State then responsible for its international relations — According to the practice of the Secretary-General, such a State is automatically invited to give notification, if it so wishes, of its succession to the treaty in question, without there being any need for prior consultation of the international organization concerned, without prejudice to the express provisions of the treaty and the admission procedures in force in respect of such organization 236
  22. Question of recognition of the competent authorities of the host country of the exemption of the United Nations from the Stock Transfer Tax levied in one of the States of the host country in relevant transfers executed on behalf of all United Nations assets, in particular the United Nations Joint Staff Pension Fund 238
  23. Notices issued by the tax authorities in a Member State to the United Nations Children's Fund (UNICEF) for payment of a value-added tax on sums collected by UNICEF 245
  24. Exemption of United Nations publications from customs duties and other charges — Interpretation of the term "publication" — Review of relevant treaty provisions 246
  25. Immunity from legal process of United Nations officials in connexion with traffic violations or traffic accidents — Distinction between acts to be considered as service-related for the purpose of staff regulations and rules and acts performed by officials "in their official capacity" within the meaning of the Convention on the Privileges and Immunities of the United Nations 246
B. Legal opinions of the secretariats of intergovernmental organizations related to the United Nations  
  1. International Labour Organisation  
    (a) Memoranda dealing with the interpretation of international labour conventions 248
    (b) Notice of withdrawal required under Article 1, paragraph 5 of the Constitution of the International Labour Organisation from any State Member intending to withdraw from the Organisation — Question whether an extension of the notice is legally permissible 248
  2. United Nations Educational, Scientific and Cultural Organization  
      Procedures open to States for establishing on the international plane their consent to be bound by a treaty — Practice usually followed in UNESCO with regard to conventions adopted by the General Conference or by international conferences convened under the auspices of UNESCO 250

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  
    Supreme Court for Civil and Criminal Matters  
    In re Karl Katary: Decision of 3 March 1977  
      Initiation by a staff member of the IAEA enjoying diplomatic immunity of proceedings under Austrian law concerning the custody of his minor child — Submission of a counter-application by the child's mother — Appointment by the Court of first instance of a curator as a result of failure of its attempt to serve notice of its decision to the child's father — Article 32 of the Vienna Convention on Diplomatic Relations 256
  2. Switzerland  
    Administrative Tribunal of the Republic and Canton of Geneva  
    X. v. Department of Justice and Police: Judgement of 15 June 1977  
      Administrative decision suspending the driving licence of a WHO official enjoying immunity from criminal, civil and administrative jurisdiction — The immunity applies to acts performed by the official in the exercise of his functions, i.e. at any time except during his annual leave, unless there are reasons of public policy to the contrary — Application of the concept of public policy in the case of road traffic regulations — Question how and when immunity must be invoked — Rescission of the contested decision 257
  3. United States of America  
    (a) Dupree Associates, Inc. v. the Organization of American States and the General Secretariat of the Organization of American States: Order of 31 May 1977  
      Case brought against an international organization coming under the International Organizations Immunities Act — Motion to dismiss presented by the defendants on the basis of their alleged immunity from suit — Extent of the immunity from suit enjoyed by foreign sovereigns — Question whether the restrictive concept of immunity developed in relation to foreign sovereigns extends to international organizations within the meaning of the International Organizations Immunities Act 260
    (b) Dupree Associates, Inc. v. the Organization of American States and the General Secretariat of the Organization of American States: Order of 22 June 1977  
      Motion for certification and stay pending appeal — Question whether international organizations coming under the International Organizations Immunities Act enjoy absolute immunity from suit — Restrictive immunity is no defence in a suit for breach of contract in relation to a commercial activity 261

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 266
   2. Particular questions 267
B. United Nations  
   1. General 268
   2. Particular organs  
      Administrative Tribunal 270
      General Assembly 270
      International Court of Justice 271
      Secretariat 273
      Security Council 274
      United Nations Forces 274
      United Nations Industrial Development Organization 275
   3. Particular questions or activities  
      Charter review 275
      Collective security 275
      Commercial arbitration 275
      Consular relations 276
      Definition of aggression 276
      Diplomatic relations 277
      Disarmament 277
      Domestic jurisdiction 278
      Environmental questions 278
      Financing 279
      Friendly relations and co-operation among States 279
      Human rights 280
      International criminal law 282
      International economic law 283
      International terrorism 288
      International trade law 289
      International waterways 290
      Intervention 291
      Law of the sea 291
      Law of treaties 298
      Law of war 299
      Maintenance of peace 303
      Membership and representation 303
      Most-Favoured-Nation Clause 304
      Namibia 304
      Narcotic drugs 304
      Natural resources 305
      Non-governmental organizations 305
      Non-Self-Governing Territories 306
      Outer space 306
      Peaceful settlement of disputes 308
      Political and security questions 309
      Progressive development and codification of international law (in general) 309
      Recognition of States 309
      Refugees 310
      Self-determination 311
      Social defense 311
      State responsibility 311
      State sovereignty 312
      State succession 312
      Technical cooperation 312
      Trade and development 313
      Use of force 314
C. Inter-governmental organizations related to the United Nations  
   1. General 315
   2. Particular organizations  
      Food and Agriculture Organization of the United Nations 315
      General Agreement on Tariffs and Trade 316
      Inter-Governmental Maritime Consultative Organization 317
      International Atomic Energy Agency 318
      International Civil Aviation Organization 319
      International Labour Organisation 321
      International Monetary Fund 322
      United Nations Educational, Scientific and Cultural Organization 323
      World Bank 324
        International Centre for Settlement of Investment Disputes 324
      World Health Organization 324
      World Intellectual Property Organization 326