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

Last update: January 24, 2018

1980

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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. Australia  
      Diplomatic Privileges and Immunities Amendment Act 1980 3
  2. Barbados  
      Note dated 26 May 1981 from the Chargé d'Affaires a.i. of Barbados to the United Nations 5
  3. Federal Republic of Germany  
      Act of 16 August 1980 concerning the Convention on the Privileges and Immunities of the United Nations of 13 February 1946 7
  4. Seychelles  
      Privileges and Immunities (Diplomatic, Consular and International Organizations) Act 1980 8
  5. Sweden  
      Note dated 22 April 1981 from the Acting Permanent Representative of Sweden to the United Nations 15
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 17
  2. Agreements relating to installations and meetings 18
  3. Agreements relating to the United Nations Children's Fund: Revised Model Agreement concerning the activities of UNICEF 39
  4. Agreements relating to the United Nations Development Programme: Standard basic agreement concerning assistance by the United Nations Development Programme 39
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 40
  2. Food and Agriculture Organization of the United Nations 40
  3. United Nations Educational, Scientific and Cultural Organization 41
  4. World Meteorological Organization 42
  5. International Atomic Energy Agency 42

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 47
  2. Other political and security questions 59
  3. Economic, social and humanitarian questions 60
  4. Third United Nations Conference on the Law of the Sea 70
  5. International Court of Justice 72
  6. International Law Commission 77
  7. United Nations Commission on International Trade Law 78
  8. Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies 79
  9. United Nations Institute for Training and Research 82
B. General review of the legal activities of intergovernmental organizations related to the United Nations  
  1. International Labour Organization 83
  2. Food and Agriculture Organization of the United Nations 84
  3. United Nations Educational, Scientific and Cultural Organization 87
  4. International Civil Aviation Organization 90
  5. World Bank 91
  6. International Monetary Fund 96
  7. World Meteorological Organization 99
  8. Universal Postal Union 101
  9. Inter-Governmental Maritime Consultative Organization 102
  10. International Atomic Energy Agency 103
  11. International Fund for Agricultural Development 104
Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations  View PDF file
   Treaties concerning international law concluded under the auspices of the United Nations  
  1. United Nations Conference on Prohibitions or Restrictions of Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects 113
  2. United Nations Conference on Contracts for the International Sale of Goods 122
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. 253 (22 April 1980): Klee v. Secretary-General of the United Nations  
      Compensation expressed in a currency other than the United States dollar—Rate of exchange—Relevance to same of the method followed in determining the measure of damages 144
  2. Judgement No. 254 (23 April 1980): Fernandez-Lopez v. Secretary-General of the United Nations  
      Compensability of death arising out of an accident while travelling to the normal place of work in a supervisor's private automobile—Interpretation of article 2 (b) (iii) in fine of appendix D—Non-applicability of rules adopted in interorganizational consultations and creating provisions beyond the existing regulations and rules unless such rules are incorporated in the individual rules of the organization concerned 145
  3. Judgement No. 255 (24 April 1980): Teixeira v. Secretary-General of the United Nations  
      Revision of Tribunal judgements—Limits of the power of revision under the statute of the Tribunal 146
  4. Judgement No. 256 (25 April 1980): Willems v. Secretary-General of the United Nations  
      Transportation of private automobiles to duty stations at United Nations expense—Conditions for exercising this entitlement—The one-year time limit for retroactive financial claims 146
  5. Judgement No. 257 (30 April 1980): Rosbasch v. Secretary-General of the United Nations  
      Termination of a permanent appointment for unsatisfactory services—Secretary-General's discretionary authority limited only by the requirements of due process and of a thorough investigation and review 147
  6. Judgement No. 258 (6 November 1980): El-Tawil v. Secretary-General of the United Nations  
      Non-validation of a period of service alleged by the applicant to be the result of an administrative error—Application for compensation for the damages suffered in that connexion—The application is rejected in view of the applicant's negligence 147
  7. Judgement No. 259 (6 November 1980): Hoppenbrouwer v. Secretary-General of the United Nations  
      Application for seeking compensation for the loss of personal effects—The notion of a direct connexion with the performance of official duties—Does such a connexion exist if the loss is incurred during a necessary stopover while travelling between two cities visited by the claimant in the performance of official duties? 148
  8. Judgement No. 260 (6 November 1980): Denis v. Secretary-General of the United Nations  
      Application made to the Tribunal on the basis of an opinion of the Secretary of the Joint Appeals Board concerning the receivability of the appeal to the Board—Referral of the case to the Board 149
  9. Judgement No. 261 (11 November 1980): Boelen v. Secretary-General of the United Nations  
      Application directed against a decision not to renew a fixed-term contract—Discretionary power of the respondent in the matter—Confirmation of the contested decision notwithstanding certain irregularities justifying the payment of compensation 149
  10. Judgement No. 262 (11 November 1980): Thorgevsky v. Secretary-General of the United Nations  
      Application for measures to offset the negative effects on pension rights of a promotion from the General Service category to the Professional category—Rejection of the application in the absence of regulations enabling such negative effects to be remedied 150
  11. Judgement No. 263 (12 November 1980): Elmoznino v. Secretary-General of the United Nations  
      Application for assistance under a study programme and for compensation for the loss caused by administrative delay 150
  12. Judgement No. 264 (18 November 1980): Piraces v. Secretary-General of the United Nations  
      Decision terminating an appointment in the interest of the Organization, despite the existence of a prior agreement between the applicant and the respondent terminating the appointment by mutual consent—Such a decision taken in such circumstances constitutes a violation of a contractual obligation—Award to the applicant of compensation by way of reparation for prejudice suffered as the result of administrative delays 151
  13. Judgement No. 265 (19 November 1980): Kennedy v. Secretary-General of the United Nations  
      Application directed against a decision of separation from service for abandonment of post—Determination of the date of repudiation of the contract of employment 152
  14. Judgement No. 266 (20 November 1980): Capio v. Secretary-General of the United Nations  
      Introduction, in implementation of a resolution of the United Nations General Assembly, of a new promotion system—Application seeking recognition of an acquired right to the retention of the former system—Respect for acquired rights means that the complex of benefits and advantages to which a staff member is entitled for services rendered before the entry into force of a new rule cannot be impaired—Since the necessary administrative measures relating to her suitability to be considered for promotion had been taken prior to the introduction of the new system, the applicant is justified in requesting that the former system be applied to her 152
  15. Judgement No. 267 (21 November 1980): Adler v. Secretary-General of the United Nations  
      Does an immediately preceding permanent appointment with another organization of the United Nations system confer certain rights on the holder of a probationary appointment with the Secretariat? (resolved in the negative)—Effect of a satisfactory rating in performance reports on the Secretary-General's discretion in terminating an appointment 154
B. Decisions of the Administrative Tribunal of the International Labour Organization  
  1. Judgement No. 388 (24 April 1981): Barbar v. Food and Agriculture Organization of the United Nations  
      Termination of a programme appointment for abolition of post —Sincere effort at re-assignment incumbent on the Organization—Preferential right of former staff members to be considered for vacant posts—Failure to do so—Compensation 155
  2. Judgement No. 389 (24 April 1980): Al-Zand v. Food and Agriculture Organization of the United Nations  
      Termination of probationary appointment—Discretionary decision—Limited grounds for quashing same 155
  3. Judgement No. 390 (24 April 1980): FIores-Arauz v. World Health Organization  
      Time limit for filing a complaint—Process by which written notification of an administrative decision is effected 156
  4. Judgement No. 391 (24 April 1980): De los Cobos and Wenger v. International Labour Organisation  
      Compulsory leave without pay—Right of Administration to impose same in certain cases 156
  5. Judgement No. 392 (24 April 1980): Duran v. Pan American Health Organization (PAHO) (World Health Organization)  
      Abandonment of post—Constitutive elements of same—Internal appeal against decision to report 157
  6. Judgement No. 393 (24 April 1980): Moore v. Pan American Health Organization (PAHO) (World Health Organization)  
      Selection for appointment to higher post—Irregular procedure— Compensation for staff member improperly rejected 158
  7. Judgement No. 394 (24 April 1980): Neuville v. World Health Organization  
      Complaint brought by the brother of a staff member—No locus standi before the Tribunal 158
  8. Judgement No. 395 (24 April 1980): Tarrab v. International Labour Organisation  
      Grant of a special post allowance to P-5—Claim that promotion was the proper action to take—Time limit for challenging decision to grant SPA— Discretionary nature of promotion 158
  9. Judgement No. 396 (24 April 1980): Guisset v. Food and Agriculture Organization  
      Termination of probationary appointment—Discretionary character of same—Compensation for injury to staff member's dignity and reputation (Denied) 159
  10. Judgement No. 397 (24 April 1980): Arnold v. International Telecommunication Union  
      Re-assignment to a post with less responsible duties—Allegation that the decision was based on disregard of an essential fact fails if the decision is based on other sufficient factual grounds 159
  11. Judgement No. 398 (24 April 1980): Mager v. European Organization for the Safety of Air Navigation (EUROCONTROL)  
      Internal means of redress—"Complaint" as distinct from "request"— Statutory time limits 160
  12. Judgement No. 399 (24 April 1980): Schofield v. World Health Organization  
      Failure by the Administration to produce a performance appraisal report—Right of the staff member to same 160
  13. Judgement No. 400 (24 April 1980): Verdrager v. World Health Organization  
      Review of a Tribunal judgement—No provision in the statute or the rules of the Tribunal—Exceptional cases where such a review could be conducted 160
  14. Judgement No. 401 (24 April 1980): Connolly-Battisti v. Food and Agriculture Organization of the United Nations  
      Compliance with a previous judgement 161
  15. Judgement No. 402 (24 April 1980): Grasshoff v. World Health Organization  
      Compensation for injury in circumstances of abnormal risk— Unlimited liability of the Organization—Non-applicability of statutory provisions on compensation 161
  16. Judgement No. 403 (24 April 1980): Connolly-Battisti v. Food and Agriculture Organization of the United Nations  
      Non-recognized staff association—Critical memorandum addressed to the Chairperson—Withdrawal of same if unwarranted 162
  17. Judgement No. 404 (24 April 1980): De Villegas v. International Labour Organisation  
      Change of staff member's contractual status from indeterminate to fixed term by agreement with the Organization—Validity of same 162
  18. Judgement No. 405 (24 April 1980): Rudin v. International Labour Organisation  
      Supervisor's right to assign provisionally duties of a lower level in the interest of the service—Alleged unfair treatment, in particular delaying the preparation of the performance report 163
  19. Judgement No. 406 (24 April 1980): Hoefer v. Food and Agriculture Organization of the United Nations  
      Non-renewal of fixed term appointment—Lack of recourse except in case of prejudice or illegality 163
  20. Judgement No. 407 (24 April 1980): Lebee v. European Organization for Nuclear Research (CERN) 163
  21. Judgement No. 408 (24 April 1980): García and Márquez v. Pan American Health Organization (PAHO) (World Health Organization)  
      Internal means of redress—Exhaustion of same a condition for receivability of complaint before the Tribunal 163
  22. Judgement No. 409 (24 April 1980): De Gregori v. Food and Agriculture Organization of the United Nations  
      Salary upon promotion—Subsequent changes in the salary scale have no effect on calculating of same 164
  23. Judgement No. 410 (24 April 1980): Schofield v. World Health Organization  
      Written reprimand, incomplete record of the incident— Rescission of the decision of reprimand 164
  24. Judgement No. 411 (24 April 1980): Schofield v. World Health Organization  
      Change of duties allegedly intended as penalty—Rescission of same 164
  25. Judgement No. 412 (24 April 1980): Rensink-Leclercq v. European Organization for the Safety of Air Navigation (EUROCONTROL)  
      Request for working half-time—Discretionary decision by the Administration 165
  26. Judgement No. 413 (24 April 1980): Over v. European Molecular Biology Laboratory (EMBL)  
      Non-observance of the time-limit for filing complaint—Non- receivability of same 165
  27. Judgement No. 414 (24 April 1980): Johnson v. International Labour Organisation  
      Fixed-term appointment in replacement of permanent appointment terminated for abolition of post—Validity of the said action—Claim of duress rejected 166
  28. Judgement No. 415 (24 April 1980): Halliwell v. World Health Organization  
      Expiry of fixed-term appointment—Staff member's right to be considered for available vacancies 166
  29. Judgement No. 416 (24 April 1980): Diewald v. European Organization for the Safety of Air Navigation (EUROCONTROL)  
      Status of staff member on leave for personal reasons—Right to re-instatement 167
  30. Judgement No. 417 (24 April 1980): Fournier d'Albe v. United Nations Educational, Scientific and Cultural Organization  
      Validation for prior service for pension purposes—Interpretation of exclusion clause—Personnel action forms as part of the contract 167
  31. Judgement No. 418 (11 December 1980): Connolly-Battisti v. Food and Agriculture Organization of the United Nations 168
  32. Judgement No. 419 (11 December 1980): Van Bogedom v. European Patent Organization (EPO) 168
  33. Judgement No. 420 (11 December 1980): Connolly-Battisti v. Food and Agriculture Organization of the United Nations  
      Reprimand—Effect of signature of same by an official said to be interested party to the incident—Difference between reprimand and written censure 168
  34. Judgement No. 421 (11 December 1980): Haghgou v. International Centre for Advanced Technical and Vocational Training (International Labour Organisation)  
      Non-renewal of fixed-term appointment for abolition of post— Discretionary nature of same—Alleged procedural defects 168
  35. Judgement No. 422 (11 December 1980): Walters v. World Health Organization  
      Allowance for stepchildren—Conditions for entitlement to same —Full dependence on a staff member 169
  36. Judgement No. 423 (11 December 1980): Roelofsen v. European Organization for the Safety of Air Navigation (EUROCONTROL)  
      Failure to exhaust internal means of redress—Non-receivability of the complaint 170
  37. Judgement No. 424 (11 December 1980): Gatmaytan v. Pan American Health Organization (PAHO) (World Health Organization)  
      Date of entitlement to salary increase upon promotion—Staff member not to suffer from administrative delays 170
  38. Judgement No. 425 (11 December 1980): De Bruin, Derbal and Kellet v. European Patent Organization (EPO)  
      Regrading to higher level—Right to post corresponding to actual duties 171
  39. Judgement No. 426 (11 December 1980): Settino v. Pan American Health Organization (PAHO) (World Health Organization)  
      Reimbursement of national income tax on sum received in partial commutation of pension rights—"Earnings" defined—Acquired rights, only fundamental benefits and not every contractual benefit so considered 171
  40. Judgement No. 427 (11 December 1980): Dicancro v. Pan American Health Organization (PAHO) (World Health Organization)  
      Charge of misconduct—Special leave with pay imposed on staff member—Non-validity of same—Non-renewal of fixed-term appointment motivated by prejudice—compensation 172
  41. Judgement No. 428 (11 December 1980): Robinson v. International Telecommunication Union  
      Classification of posts—Discretionary decision—Allegation of discrimination for assigning several levels to the same occupational group rejected 173
  42. Judgement No. 429 (11 December 1980): Gubin and Nemo v. European Organization for the Safety of Air Navigation (EUROCONTROL)  
      Amendment of staff rule increasing staff members' contributions to the Pension Fund with no corresponding increase in the Organization's contribution—Challenge to same—The Tribunal may entertain the challenge to a rule and not only to its application—Proper and valid amendment to Staff Rules—Acquired rights under the rules defined 173
  43. Judgement No. 430 (11 December 1980): Chamayou v. European Molecular Biology Laboratory (EMBL)  
      Time-limit for filing a complaint with Tribunal—Non-receivability for failure to observe same 174
  44. Judgement No. 431 (11 December 1980): Rosescu v. International Atomic Energy Agency (IAEA)  
      Termination of fixed-term appointment—Interests of a Member State given more weight than the Agency's—Decision tainted by misuse of authority—Compensation 175
  45. Judgement No. 432 (11 December 1980): Drost v. European Organization for the Safety of Air Navigation (EUROCONTROL)  
      Reimbursement of medical expenses—Excluded types of treatment 175
  46. Judgement No. 433 (11 December 1980): Valencia Gomez v. Latin American Institute for Educational Communication  
      Action against an Organization which is not among those who recognize the jurisdiction of the Tribunal—Non-receivability of same—Allegation of being part of UNESCO rejected 176
  47. Judgement No. 434 (11 December 1980): A'Adal v. International Centre for Advanced Technical and Vocational Training (International Labour Organisation)  
      Time-limit for appeal starts from notification of decision— Exchange of correspondence after the decision does not open a new time limit 176
  48. Judgement No. 435 (11 December 1980): Zihler v. European Organization for Nuclear Research (CERN)  
      Scope of the rule on the exhaustion of internal remedies— Service-incurred partial disability—Exceptional cases where the Organization's liability may exceed the limits set in the internal rules 176
  49. Judgement No. 436 (11 December 1980): Sacika v. International Labour Organisation  
      Agreed termination—Subsequent facts allegedly nullifying same—Receipt of indemnity after knowledge of said facts bars staff member from invoking them 177
  50. Judgement No. 437 (11 December 1980): Hakin v. European Patent Organization (EPO)  
      Deduction from salary for non-performance of duties—Interest on amounts refunded after being so deducted—Condition for entitlement to same 178
  51. Judgement No. 438 (11 December 1980): Luyten v. European Patent Organization (EPO)  
      Performance evaluation report—Discretionary nature of same—Tribunal may not substitute its own judgement for that of the staff member's supervisors 178
  52. Judgement No. 439 (11 December 1980): Verdrager v. World Health Organization  
      Application for review of a Tribunal judgement—"New fact" defined 178
  53. Judgement No. 440 (11 December 1980): Molina v. World Health Organization  
      Termination of a probationary appointment—Discretionary decision—Appraisal report based on prejudice—Annulment of same 179
  54. Judgement No. 441 (11 December 1980): Pherai v. European Patent Organization (EPO)  
      Entitlement to expatriation allowance—Entitlement to travel on home leave—Transfer from one international organization to another is not a new appointment—Acquired right 179
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 (issued or prepared by the Office of Legal Affairs)  
  1. The right of self-determination as a basic principle of international law and the Charter of the United Nations as its basic source—Development of the principle in other international instruments, particularly as to its different forms of implementation—Independent statehood as the most common form of implementation chosen—The free exercise of the right of self-determination requires that this alternative be available 182
  2. Question whether the United Nations is liable for the payment of rent for premises occupied by a United Nations peace-keeping force stationed in a Member State with the latter's consent—Responsibility of the host State, under existing agreements and current practice, to provide a peace-keeping force with the necessary premises 183
  3. Liability of the United Nations in case of accidents involving British-owned and operated helicopters put at the disposal of the United Nations Force in Cyprus (UNFICYP)—Question whether the United Nations or the Government of the contingent to which the helicopters belong would ultimately have to bear the cost of possible compensation—Specific case of passengers flying the helicopters under instructions or with the authorization of UNFICYP authorities other than the British contingent authorities—Advisability of obtaining insurance for such risks as the United Kingdom is not clearly prepared to assume 184
  4. Question whether a co-operation agreement between the Economic Commission for Latin America and a Member State could be modified to the effect of rendering the Convention on the Privileges and Immunities of the United Nations inapplicable to officials of the nationality of that State—Principle of equality of treatment of staff members 186
  5. Advice on the legal basis for a claim for damage arising out of a criminal assault on a driver from a UNHCR office in the territory of a Member State by soldiers from a neighbouring country 186
  6. Procedure for convening emergency special sessions of the General Assembly under rules 8(6) and 9(h) of the rules of procedure of the Assembly—Authority of the General Assembly to determine whether the requirement, under General Assembly resolution 377 A (V), that there appears to be a threat to the peace, a breach of the peace or an act of aggression has been met 187
  7. Participation of the Palestine Liberation Organization in the "sessions and work of the United Nations" under General Assembly resolution 3237 (XXIX)— Limits to the PLO entitlement to observer status in subsidiary organs of limited membership—Discretion of such organs, in the absence of instructions to the contrary from the establishing authority, to decide questions of participation by non-members, including participation in closed meetings—Extent of observer participation in the light of the practice of Main Committees of the General Assembly 188
  8. Use of the term "non-citizen" in international practice 189
  9. Request by the European Economic Community that the representative of the Commission of the European Communities be recognized as a spokesman of EEC and its members within a particular working group of the Economic and Social Council—Ways open to member States of EEC to ensure co-ordination of positions within the Working Group 192
  10. Question of the participation of non-governmental organizations in the work of the Economic Commission for Latin America—Relevant provisions of the Commission's terms of reference and rules of procedure—Possibilities for co-operation with the Commission open to non-governmental organizations which do not have consultative status with the Economic and Social Council 193
  11. Question whether it is permissible under United Nations regulations and rules for UNDP-funded contracts to be directed, to an appropriate degree, to donor countries 194
  12. Representation, in a UNDP document, of Mayotte as an integral part of the Comoros—Binding character, for the Secretariat, of the position taken by the General Assembly in a series of relevant resolutions—Ways of conveying to the Governing Council objections raised in relation to the representation in question 195
  13. Filling of occasional vacancies in the International Court of Justice—Relevant provisions of the Statute of the Court—Practice followed by the Secretary-General in implementing those provisions 196
  14. Request for extradition of an individual charged with murder and causing bodily harm with aggravating intent—Decision granting the request—Filing of an habeas corpus petition—Scope of the habeas corpus review—Provision of the applicable extradition treaty concerning the political offence exception—Question whether the case could be submitted to the contentious or advisory jurisdiction of the competent Court of the required State 197
  15. Question whether the salaries or pensions of United Nations officials may be attached for the purpose of enforcing national courts decisions—Immunity from legal process enjoyed by the United Nations by virtue of section 2 of the Convention on the Privileges and Immunities of the United Nations—Immunity from seizure of assets of the Organization under section 3 of the above-mentioned Convention 200
  16. Insistence by a Member State that United Nations staff members entering or leaving its territory use their national travel documents or a travel document issued by the Member State concerned—Provision of the Convention on the Privileges and Immunities of the United Nations under which laissez-passers issued by the United Nations shall be recognized by Member States as valid travel documents 201
  17. Denial by the authorities of a Member State of an entry visa to a national of that State employed by the United Nations on the basis of a decree-law authorizing such a denial on grounds of State security—Relevant provisions of the Charter, the Convention on the Privileges and Immunities of the United Nations and the applicable headquarters agreement—Question whether the decree-law may override the international obligations of the State concerned 202
  18. Question whether, under the rules governing the system of international immunity, national service obligations may be imposed on a dependant of an official of the United Nations Development Programme 203
  19. Import privileges, under the Convention on the Privileges and Immunities of the United Nations, of officials of specialized agencies serving on projects of the United Nations Development Programme—United Nations policy in this respect—Inadmissibility of differential treatment based on nationality 204
  20. Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to have Indiscriminate Effects—Prohibitions of the Convention designed to protect United Nations peace-keeping forces and fact-finding missions—Special functions of the Secretary-General under the Convention and Protocol II thereto 205
  21. Determination of the effective date of an action relating to a multi-depositary Convention—Difficulties encountered by depositaries in that respect—Practice of the Secretariat in registering actions relating to such multi-depositary conventions 207
  22. Question of the territorial scope of the ratification by a State of a multilateral convention—Possibility for a State having succeeded to another State before the entry into force of a multilateral convention of becoming party to that convention through the procedure of succession if at the date of the succession the predecessor State was a contracting State to the treaty in question 208
B. Legal opinions of the Secretariats of Intergovernmental Organizations related to the United Nations  
  1. International Labour Organisation 209
  2. Food and Agriculture Organization of the United Nations 210
    (a) Registration of experts for residence purposes  
    (b) Separation Payments Scheme Fund  

Part Three. Judicial decisions on questions relating to the United Nations and related intergovernmental organizations

Chapter VII. Decisions and advisory opinions of international tribunals  View PDF file
   International Court of Justice  
    Interpretation of the Agreement of 25 March 1951 between WHO and Egypt. Advisory opinion of 20 December 1980 215
Chapter VIII. Decisions of national tribunals  View PDF file
  1. Argentina  
      In re Pedro Daniel Weinberg: Decision of 15 January 1980  
      Case referred to the Supreme Court by the judge of first instance because the person concerned was an international civil servant—Conclusions of the Court regarding the legal status of the person concerned in view of his nationality and the limited character of the privileges and immunities granted to international civil servants—Referral of the case to the judge of first instance 220
  2. Switzerland  
    (a) Cantonal Court of the Canton of Vaud (Insurance Court)  
      X. v. Equalization Fund of the Canton of Vaud: Judgement of 21 November 1979  
      Swiss employee of the United Nations participating in the United Nations Pension Fund—Mandatory participation in the national old-age insurance scheme—Exemption from such participation accorded only when the combined contributions would constitute an excessive burden for the person concerned 220
    (b) Central Court of the Canton of Vaud (Criminal Court of Cassation)  
      X. v. Ministère public: Decision of 19 May 1979  
      Immunity from criminal jurisdiction accorded to international civil servants and members of their families—Obligation of the judge pronouncing on the merits to consider the status of an accused person falling within that category—Silence of the judgement on this point renders it null and void 221
  3. United States of America  
    (a) New York Supreme Court: Appellate Division Second Judicial Department  
      Shamsee v. Shamsee: Decision of 19 May 1980  
      Appeal of the United Nations Joint Staff Pension Fund et al. from orders inter alia denying a motion to vacate prior orders holding the Fund and its Secretary in contempt of court for non-compliance with a sequestration order relating to the pension entitlement of a retired employee of the United Nations—Competence of the courts of the United States to decide on questions of immunity from legal process under treaties and statutes of the United States—Immunity of the United Nations Joint Staff Pension Fund and its Secretary from the sequestration order under the applicable federal law 222
    (b) United States Court of Appeals for the District of Colombia Circuit  
      Marvin R. Broadbent et al. v. Organization of American States: Decision of 8 January 1980  
      Claim brought against an intergovernmental organization of which the United States is a member by former employees of the organization in question—Jurisdictional issue—Question whether the jurisdictional immunity of the organization is restrictive or absolute—The employment by an international organization of internal administrative personnel is not a commercial activity—Existence of a grievance procedure within the organization concerned—Dismissal of the action 224
      Brief for the United Nations as amicus curiae 227

Part Four. Bibliography

Bibliography View PDF file
Legal bibliography of the United Nations and related intergovernmental organizations  
A. International organizations and international law in general  
  1. General 246
  2. Particular questions 247
B. United Nations  
  1. General 248
  2. Particular organs 249
      Administrative Tribunal 249
      General Assembly 249
      International Court of Justice 250
      Regional economic commissions 251
      Secretariat 251
      Security Council 251
      United Nations Forces 251
  3. Particular questions or activities 252
      Collective security 252
      Commercial arbitration 252
      Definition of aggression 253
      Diplomatic relations 253
      Disarmament 254
      Environmental questions 255
      Friendly relations and co-operation among States 256
      Human rights 256
      International criminal law 259
      International economic law 260
      International terrorism 262
      International Trade law 262
      International waterways 264
      Intervention 264
      Law of the sea 264
      Law of treaties 270
      Law of war 271
      Maintenance of peace 273
      Membership and representation 273
      Namibia 273
      Natural resources 274
      Non-governmental organizations 274
      Non-self-governing territories 274
      Outer space 274
      Peaceful settlement of disputes 277
      Political and security questions 278
      Progressive development and codification of international law (general) 278
      Recognition of States 278
      Refugees 279
      Right of asylum 279
      Self-defence 279
      Self-determination 279
      Social defence 280
      State responsibility 280
      State sovereignty 281
      State succession 281
      Technical co-operation 281
      Trade and development 282
      Use of force 283
C. Intergovernmental organizations related to the United Nations  
   Particular organizations  
    Food and Agriculture Organization of the United Nations 284
    General Agreement on Tariffs and Trades 284
    Inter-Governmental Maritime Consultative Organization 285
    International Atomic Energy Agency 285
    International Civil Aviation Organization 286
    International Labour Organization 287
    International Monetary Fund 288
    International Telecommunication Union 289
    United Nations Educational, Scientific and Cultural Organization 289
    United Nations Industrial Development Organization 289
    World Bank 290
      International Centre for Settlement of Investment Disputes 290
    World Intellectual Property Organization 290