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

1981

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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  
      International Organizations (Declaration) Regulations 3
  2. New Zealand  
      The Customs Tariff (UNESCO Agreement) Amendment Order 1981 4
  3. United Kingdom of Great Britain and Northern Ireland  
      International Organisations Act 1981 5
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 8
  2. Agreements relating to installations and meetings  
    (a) Agreement between the United Nations and the Dominican Republic regarding the establishment in Santo Domingo of the Headquarters of the United Nations International Research and Training Institute for the Advancement of Women. Signed at New York on 31 March 1981 8
    (b) Agreement between the United Nations and Bangladesh regarding the establishment of a United Nations Information Centre in Bangladesh. Signed at New York on 25 August 1981 9
    (c) Agreement between the United Nations and Austria to continue the European Centre for Social Welfare Training and Research. Signed at New York on 23 July 1981 11
    (d) Agreement between the United Nations and Austria regarding the Headquarters Seat of the United Nations Industrial Development Organization and other United Nations offices at the Vienna International Centre. Signed at Vienna on 19 January 1981 11
    (e) Exchange of letters constituting an agreement between the United Nations and Austria revising the Supplemental Agreement to the Agreement between the United Nations and Austria regarding the Headquarters of the United Nations Industrial Development Organization (signed at New York on 13 April 1967) concluded at Vienna on 1 March 1972. Vienna, 23 November and 8 December 1981 13
    (f) Agreement between the United Nations and the Government of the Philippines regarding arrangements for the fourth session of the Commission on Human Settlements of the United Nations. Signed at Manila on 12 March 1981 15
    (g) Exchange of letters constituting an agreement between the United Nations and the People's Republic of China concerning a Study Tour on hydropower stations to be held in China from 22 May to 4 June 1981. New York, 16 and 30 March 1981 16
    (h) Agreement between the United Nations and Yugoslavia regarding arrangements for the seventh session of the World Food Council of the United Nations. Signed at Belgrade on 30 January 1981 17
    (i) Agreement between the United Nations and Kenya regarding the arrangements for the United Nations Conference on New and Renewable Sources of Energy. Signed at New York on 7 April 1981 18
    (j) Agreement between the United Nations and Argentina concerning a United Nations Regional Seminar on Remote Sensing Applications and Satellite Communications for Education and Development. Signed at New York on 16 April 1981 20
    (k) Memorandum of understanding between the United Nations and Japan regarding the study tour under the Steel Committee, principal subsidiary body of the Economic Commission for Europe, to be organized in Japan from 18 to 27 May 1981, at the invitation of the Government of Japan. Signed at New York on 18 May 1981 20
    (l) Agreement between the United Nations and Panama concerning the arrangements for the Extraordinary Plenary Meeting of the United Nations Council for Namibia to be held at Panama City from 1 to 5 June 1981. Signed and approved at Panama City on 3 June 1981 21
    (m) Agreement between the United Nations and India concerning the arrangements for the Regional Workshop on Implementation of the Plan of Action to Combat Desertification of the United Nations Economic and Social Commission for Asia and the Pacific, to be held in Jodhpur, India, from 20 to 23 October 1981. Signed at Bangkok and New Delhi on 19 June 1981 22
    (n) Exchange of letters constituting an agreement between the United Nations and the Sudan concerning the Interregional Seminar on Decentralization for Development, to be held at Khartoum from 14 to 18 September 1981. New York, 15 and 26 June 1981 23
    (o) Exchange of letters constituting an agreement between the United Nations and Sri Lanka on the convening of a seminar on the inalienable rights of the Palestinian people, to be held in Sri Lanka from 10 to 14 August 1981. New York, 15 and 28 July 1981 24
    (p) Agreement between the United Nations and France concerning the United Nations Conference on the Least Developed Countries, to be held in Paris from 1 to 14 September 1981. Signed at Geneva on 31 July 1981 26
    (q) Exchange of letters constituting an agreement between the United Nations and Pakistan regarding the Government of Pakistan-United Nations International Symposium on the Economic Performance of Public Enterprises, to be held in Pakistan from 24 to 28 November 1981. New York, 29 July 1981 and Rawalpindi, 9 August 1981 26
    (r) Agreement between the United Nations and Bulgaria on the United Nations/Food and Agriculture Organization Regional Training Seminar on Remote Sensing Applications for Land Resources. Signed at New York on 14 September 1981 28
    (s) Exchange of letters constituting an agreement between the United Nations and Spain concerning host facilities for the United Nations Ad Hoc Group Meeting on Network in Public Administration and Finance, 9-15 December 1981. New York, 21 August 1981 and Madrid, 18 September 1981 29
    (t) Agreement between the United Nations and Indonesia concerning arrangements for the United Nations Regional Seminar on Remote Sensing Applications and Satellite Communications for Education and Development. Signed at New York on 5 October 1981 30
    (u) Agreement between the United Nations and Ecuador concerning arrangements for the United Nations Regional Seminar on Space Applications in preparation for the Second United Nations Conference on the Exploration and Peaceful Uses of Outer Space (UNISPACE 82). Signed at New York on 13 October 1981 31
    (v) Agreement between the United Nations and Uruguay regarding the arrangements for the Ad Hoc meeting of Senior Government Officials Expert in Environmental Law. Signed at New York on 22 October 1981 32
    (w) Agreement between the United Nations and the Philippines concerning the arrangements for the Regional Intergovernmental Preparatory Meeting for the World Assembly on Aging of the United Nations Economic and Social Commission for Asia and the Pacific, to be held at Manila from 19 to 23 October 1981. Signed at Bangkok and Manila on 23 October 1981 33
  3. Agreements relating to the United Nations Children's Fund: Revised Model Agreement concerning the activities of UNICEF  
      Agreement between the United Nations (United Nations Children's Fund) and the Governments of Saint Vincent and the Grenadines, Saint Lucia and Zimbabwe, concerning assistance from UNICEF. Signed, respectively, at Kingston, Jamaica on 20 January 1981 and Kingston, Saint Vincent on 10 February 1981, at Saint Lucia on 3 February 1981 and Kingston on 20 March 1981, and at Salisbury on 7 May 1981 34
  4. Agreements relating to the United Nations Development Programme: Standard basic agreement concerning assistance by the United Nations Development Programme  
    (a) Standard basic agreements between the United Nations (United Nations Development Programme) and the Governments of Ethiopia, the Syrian Arab Republic, Papua New Guinea and Saint Lucia concerning assistance by the United Nations Development Programme. Signed respectively at Addis Ababa on 26 February 1981, New York on 12 March 1981, Port Moresby on 7 April 1981 and Castries on 22 July 1981 35
    (b) Exchange of letters constituting an agreement between the United Nations (United Nations Development Programme) and Albania concerning assistance by the United Nations Development Programme. New York, 21 and 27 January 1981 and 5 February 1981 35
  5. Agreements relating to the World Food Programme  
      Basic agreements concerning assistance from the World Food Programme between the United Nations and the Food and Agriculture Organization of the United Nations on behalf of the World Food Programme, and the Governments of Viet Nam, the United Kingdom (Saint Lucia), the United Kingdom (on behalf of Saint Christopher, Nevis and Anguilla), Kenya, China, Angola and Seychelles. Signed, respectively, at Hanoi on 18 February 1979, Rome on 20 February 1979, Rome on 3 April 1979, Nairobi on 7 March 1980, Beijing on 4 October 1980, Luanda on 2 December 1980 and Victoria, Mahé, on 6 February 1981 36
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 36
  2. Food and Agriculture Organization of the United Nations  
    (a) Agreements for the establishment of an FAO Representative's Office 36
    (b) Agreements based on the standard "Memorandum of Responsibilities" in respect of FAO sessions 36
    (c) Agreements based on the standard "Memorandum of Responsibilities" in respect of group seminars, workshops, training courses or related study tours 37
  3. United Nations Educational, Scientific and Cultural Organization  
      Agreements relating to conferences, seminars and other meetings 37

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 41
  2. Other political and security questions 48
  3. Economic, social, humanitarian and cultural questions 53
  4. Third United Nations Conference on the Law of the Sea 67
  5. International Court of Justice 68
  6. International Law Commission 72
  7. United Nations Commission on International Trade Law 73
  8. Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies 74
  9. United Nations Institute for Training and Research 78
B. General review of the legal activities of intergovernmental organizations related to the United Nations  
  1. International Labour Organization 80
  2. Food and Agriculture Organization of the United Nations 80
  3. United Nations Educational, Scientific and Cultural Organization 84
  4. World Bank 87
  5. International Monetary Fund 88
  6. Universal Postal Union 91
  7. World Health Organization 92
  8. World Meteorological Organization 93
  9. Inter-Governmental Maritime Consultative Organization 96
  10. International Fund for Agricultural Development 97
  11. International Atomic Energy Agency 100
Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations View PDF file
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. 268 (8 May 1981): Mendez v. the Secretary-General of the United Nations  
      Accelerated within-grade increments as a language incentive— Applicability to various categories of staff—Meaning of "Staff subject to Geographical Distribution" 111
  2. Judgement No. 269 (8 May 1981): Bartel v. the Secretary-General of the International Civil Aviation Organization  
      Article 7.3 of the Statute of the Tribunal—Non-receivability of appeals unanimously declared frivolous by the joint body—Powers of the Tribunal with regard to applications pertaining to such appeals 112
  3. Judgement No. 270 (13 May 1981): Sforza-Chranovsky v. the Secretary-General of the United Nations  
      Revision of judgements of the Administrative Tribunal— Powers of the Tribunal with regard thereof—What constituted a newly discovered fact 112
  4. Judgement No. 271 (13 May 1981): Kennedy v. the Secretary-General of the United Nations  
      Revision of judgements of the Administrative Tribunal— Conditions for admitting an application for revision—Rejection of an application not meeting all the said conditions 113
  5. Judgement No. 272 (14 May 1981): Chatelain v. the Secretary-General of the International Civil Aviation Organization  
      Termination of appointment—Procedural irregularities in arriving at the decision of termination—Compensation for the injured staff member 114
  6. Judgement No. 273 (15 May 1981): Mortished v. the Secretary-General of the United Nations  
      Repatriation Grant—Requirement of evidence of relocation as the condition of eligibility—Retroactive effect of such requirement—Acquired rights—Non-retroactive applicability of the new requirement 115
  7. Judgement No. 274 (2 October 1981): Sletten v. the Secretary-General of the United Nations  
      Loss of personal effects attributable to service—Compensation for same—Meaning of expression "reasonable compensation"—Conditions imposed upon payment of sum awarded as compensation—Waiver by staff member of his right to appeal not a valid condition 117
  8. Judgement No. 275 (5 October 1981): Vassiliou v. the Secretary-General of the United Nations  
      Time-limits prescribed in Staff Rule 111.3 not relevant to applications to the Tribunal—Receivability of such applications governed solely by article 7 of the Tribunal Statute—Grant of Special Post Allowance—Discretionary power of the Secretary-General with regard thereof—No legal obligation to grant SPA—Consideration by the Secretary-General of recommendations of the Joint Appeals Board—No claim may be based on mere rejection of JAB recommendations unless decision to reject was tainted by prejudice or by any other vitiating factor—Access to documents in the exclusive possession of the Administration—Only production of documents relevant to the proceedings may be ordered 117
  9. Judgement No. 279 (6 October 1981): Badr v. the Secretary-General of the United Nations  
      Application seeking the validation for pension purposes of a period of service performed by a participant in the United Nations Joint Staff Pension Fund prior to his admission to the Fund—Competence of the Tribunal, notwithstanding the inclusion in the relevant contract of a clause providing that disputes arising from the contract should be settled by recourse to an arbitration procedure—Rejection of the applicant's claim that his contractual status was in fact that of a technical assistance expert and the claim that the contract did not exclude participation in the Pension Fund 118
  10. Judgement No. 277 (6 October 1981): Bartel v. the Secretary-General of the International Civil Aviation Organization (ICAO)  
      Application for revision of a judgement under article 12 of the Statute of the Tribunal—Conditions for receivability of same—Limits on the powers of the Tribunal 119
  11. Judgement No. 278 (7 October 1981): Tong v. the Secretary-General of the United Nations  
      Forceful closure of a United Nations office—Effect on appointments of local staff—Effective date of termination—Rate of exchange of local currency applicable to conversion of termination benefits and other entitlements 120
  12. Judgement No. 279 (8 October 1981): Mahmoud v. the Secretary-General of the United Nations  
      Entitlement to daily subsistence allowance—Assignment by the Administration to new duty station—Condition for same—Non-eligibility of staff member who travelled on his own to a place other than his duty station and is assigned to local UN Office at his request 121
  13. Judgement No. 280 (9 October 1981): Berube v. the Secretary-General of the International Civil Aviation Organization  
      Offer of a post at a lower level—Implication that the the alternative is termination—Requirement of due investigation under the ICAO Service Code—Procedural deficiencies not important enough to invalidate the decision—Compensation for procedural deficiencies 122
B. Decisions of the Administrative Tribunal of the International Labour Organization  
  1. Judgement No. 442 (14 May 1981): de Villegas v. International Labour Organisation  
      Application for review of an earlier judgement of the Tribunal— The only pleas in favour of review that may be allowed, provided they are such as to affect the Tribunal's decision, are omission to take account of particular facts, material error, omission to pass judgement on a claim and discovery of new facts 123
  2. Judgement No. 443 (14 May 1981): Verdrager v. World Health Organization  
      Application for review of an earlier judgement of the Tribunal on the ground that the Tribunal omitted to take full account of an item of evidence 124
  3. Judgement No. 444 (14 May 1981): Alexis v. World Health Organization  
      Conversion of a two-month temporary contract into a fixed-term appointment after extension of the initial two-month contract—Complaint seeking to have the advantages obtainable under the fixed-term contract dated back to the day on which the initial two-month contract expired—Discretionary power of the Director-General with regard to an application for upgrading of the recruitment level initially agreed between the Administration and the staff member 124
  4. Judgement No. 445 (14 May 1981): Velimirovic v. World Health Organization  
      Complaint seeking to have a period of service as a consultant validated for pension purposes 125
  5. Judgement No. 446 (14 May 1981): Espinola v. Pan American Health Organization (PAHO) (World Health Organization)  
      Complaint seeking reclassification of a post—Appreciation of the level of a post should be left to persons who are familiar with the work and cannot be called in question unless a mistaken approach to the problem has been taken 125
  6. Judgement No. 447 (14 May 1981): Quinones v. Pan American Health Organization (PAHO) (World Health Organization)  
      Complaint containing an inconsistency, of decisive importance for the receivability of the complaint, regarding the date of notification of the decision impugned—It is for the author of a notification to establish its date—Limits of the Tribunal's power of review with regard to a decision concerning a transfer 125
  7. Judgement No. 448 (14 May 1981):Troncoso v. Pan American Health Organization (PAHO) (World Health Organization)  
      Complaint impugning a decision not to extend a temporary appointment—Although such a decision depends largely on the discretion of the Administration, it can be set aside if it is taken without authority or in breach of a rule of form or of procedure, or if it was based on a mistake of fact or of law, or if essential facts were overlooked, or if there was abuse of authority, or if clearly mistaken conclusions were drawn from the facts 126
  8. Judgement No. 449 (14 May 1981): Salmouni Zerhouni v. United Nations Educational, Scientific and Cultural Organization  
      Complaint brought by a person not competent to file a complaint with the Tribunal 127
  9. Judgement No. 450 (14 May 1981): Glorioso v. the Pan American Health Organization (PAHO) (World Health Organization)  
      Claim of reinstatement in staff member's former position within the Organization—Limits to the Tribunal's power of review of a decision of transfer—Absence of factual error, of procedural flaws and of errors in law—Rejection of the plea to quash the decision to transfer 127
  10. Judgement No. 451 (14 May 1981): Dobosch v. the Pan American Health Organization (PAHO) (World Health Organization)  
      Receivability of the appeal—The requirement that internal means of redress be exhausted not an absolute rule—Failure by the internal appeals body to act for an inordinately long period of time justifies a direct application to the Tribunal 128
  11. Judgement No. 452 (14 May 1981 ): Foley v. the Food and Agriculture Organization of the United Nations  
      Resignation of Staff Member—Re-employment within 12 months as local recruit at lower grade—Claim of reinstatement in non-local status at former grade and step—New claim made for the first time before the Tribunal—Nonreceivability of same for failure to exhaust internal recourses—Claim of reinstatement denied 129
  12. Judgement No. 453 (14 May 1981): Heyes v. the World Health Organization  
      Probationary appointment—Non-confirmation of same— Discretionary decision—Limits on Tribunal's power of review 130
  13. Judgement No. 454 (14 May 1981): Gavell v. the United Nations Food and Agriculture Organization  
      Partial commutation of pension benefits into a lump sum— United States income tax on same—Entitlement to reimbursement of the income tax (No) 131
  14. Judgement No. 455 ( 14 May 1981) : Pini v. the United Nations Food and Agriculture Organization  
      Termination of probationary appointment—Discretionary nature of same—Limits on the Tribunal's power of review 131
  15. Judgement No. 456 (14 May 1981): Barberis v. the World Tourism Organization  
      Communication to staff member—Contention that it was not received acceptable in absence of proof that it was received—Failure by Administration to take a decision upon a claim within 60 days—90-day time-limit for filing complaint with Tribunal runs following expiry of the 60-day period—Complaint filed beyond the 90-day time-limit non-receivable 131
  16. Judgement No. 457 (14 May 1981): Léger and Peelers v. the European Patent Organisation  
      Decision not to promote—Discretionary nature of same— Limits on the Tribunal's power of review—Decision not to promote may be invalidated only if tainted with certain specific defects 132
  17. Judgement No. 458 (14 May 1981): Gaba v. the United Nations Educational, Scientific and Cultural Organization  
      Direct appeal to the Tribunal without exhaustion of internal recourse procedure—Not receivable except in agreement with the Administration—Silence of the Administration not tantamount to agreement 132
  18. Judgement No. 459 (14 May 1981): Zreikat v. the World Health Organization  
      Change of date of birth—The date of birth provided by staff member upon appointment considered as correct for all the purposes of the contract—Changing said date of birth calls for new agreement of the parties—Validity and evidentiary value of documents delivered by Governments not at issue 133
  19. Judgement No. 460 (14 May 1981): Rombach v. the European Patent Office  
      Salary upon promotion—Requirement that it should not be reduced as compared to the pre-promotion salary—Special allowance for discharging duties at a higher level—Temporary nature of same—Claim to continued payment of said allowance after promotion denied 134
  20. Judgement No. 461 (14 May 1981): Heckscher v. the International Centre for Advanced Technical and Vocational Training  
      Appeal procedure—Clear challenge to a decision as prerequisite for the existence of an appeal—Exhaustion of internal remedies a condition for the receivability of applications to the Tribunal 134
  21. Judgement No. 462 (14 May 1981): Vyle v. the Food and Agriculture Organization of the United Nations  
      Acquired rights—Language allowance—Method of ascertaining continued proficiency—No new rules could deprive the staff member of an allowance to which he became entitled under the then existing rules—No acquired right attaches to a particular method of ascertaining continued proficiency 135
  22. Judgement No. 463 (14 May 1981): Usakligil v. the World Tourism Organization  
      Leave without pay unilaterally imposed—Sudden departure from the duty station—No entitlement to remuneration exists in respect of a period during which no services were rendered—Payment of service benefit at the family rate—Existence of a dependent spouse not a condition for same 136
C. Decisions of the World Bank Administrative Tribunal  
  1. Decision No. 1 (5 June 1981): Louise de Merode et al. v. the World Bank  
      Condition of employment—Distinction between "fundamental and essential" conditions and those which are less fundamental and essential—Employing Organization's power to amend unilaterally conditions of employment which are not fundamental and essential—Limitations to same—Entitlement to reimbursement of national income tax, a fundamental and essential condition of employment—Method of computation of reimbursable amount not fundamental and essential—Relevance of practice of Organization in the absence of statutory provisions—Periodic salary adjustments tied to a number of factors including CPI—Challenge to such adjustment on the ground that it resulted in a lesser increase than the increase in the CPI rejected 137
  2. Decision No. 2 (5 June 1981): Rudolph Skandera v. the World Bank  
      Termination of Fixed-term Appointment—Incorrect reason stated in the Notice of Termination—Delay in communicating correct reason—Compensation for Staff Member 138
  3. Decision No. 3 (5 June 1981): George Kavoukas et al. v. International Bank for Reconstruction and Development  
      Article XVII of the Statute of the Tribunal—Time-limit for filing of applications under the said article—Non-receivability of tardy applications 139
  4. Decision No. 4 (5 June 1981): Jacqueline Smith Scott v. International Bank for Reconstruction and Development  
      Article XVII of the Statute of the Tribunal—Conditions for filing of applications under the said article—Non-receivability of tardy applications and of those pertaining to causes of action anterior to 1 January 1979 139
Chapter VI. Selected legal opinions of the secretariats of the United Nations and related intergovernmental organizations View PDF file
A. Legal opinions of the Secretariat of the United Nations (issued or prepared by the Office of Legal Affairs)  
  1. Credentials arrangements for an emergency special session—Extent to which the arrangements made for the preceding regular session may be retained 142
  2. Question whether a reduction, due to financial stringency, of the services of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) would require prior consideration by the General Assembly 142
  3. Treaties concluded by South Africa which "explicitly or implicitly include Namibia" under the terms of paragraph 9(i) of General Assembly resolution 3031 (XXVII) — Scope of applicability of the principle that treaties of this type concluded subsequent to the termination of South Africa's mandate have no legal application to Namibia 143
  4. Provisions of the Statute of the International Court of Justice concerning the filling of casual vacancies on the Court—Question whether, notwithstanding those provisions, a special election for the filling of a casual vacancy could be dispensed with in case regular elections are scheduled to be held within a brief period from the earliest possible date at which the special election could take place 145
  5. Filling of a casual vacancy on the International Court of Justice—Requirement under the Statute of the Court that elections be held concurrently in the Security Council and in the General Assembly—Alternatives open to the Security Council in fixing the date of the election 148
  6. Question whether there would be any legal impediment to the adoption of a declaration by a United Nations body other than the General Assembly or a special conference—Status of declarations and recommendations in United Nations practice 149
  7. Question whether a formal agreement of co-operation can be concluded between the United Nations Secretariat and an intergovernmental organization in the absence of an express authorization of the General Assembly to that effect 149
  8. Articles 20 and 4 of the Vienna Convention on the Law of Treaties—Practice of the Secretary-General as depositary of multilateral treaties when making notification of the entry into force of a treaty to which reservations have been made 149
  9. International Cocoa Agreement, 1980—Provision under which the Agreement may be put in force "in whole or in part"—Legal meaning and intent of this phrase—Limits to the freedom of action of Governments in deciding to put the Agreement in force partially 151
  10. Convention on the Prevention and Punishment of the Crime of Genocide—Submission time of ratification and formulating new reservations—Practice of the Secretary-General as depositary of multilateral treaties with respect to reservations by a State Party of an instrument withdrawing reservations made at the time of ratification and formulating new reservations—Practice of the Secretary-General as depositary of multilateral treaties with respect to reservations 152
  11. Convention sur la prévention et la répression des infractions contre les personnes jouissant d'une protection internationale, y compris les agents diplomatiques—Question de savoir si les communications que les Etats parties sont tenus d'adresser au Secrétaire général en vertu de l'Article 11 concernant le résultat de procédures pénales entrent dans le cadre des fonctions dépositaires 153
  12. Imposition by a Member State of clearance procedures regarding United Nations materials—Immunity of the United Nations from censorship 154
  13. Rules governing the use and display of distinctive emblems by United Nations organs—Practice of the United Nations Children's Fund (UNICEF) in this regard 154
  14. Bidding for a United Nations construction project in the territory of a Member State—Position to be taken by the Organization in respect of companies whose practice is to bring their work force from their home country 155
  15. Invitation to bid issued by a United Nations organ—Demand for arbitration submitted by a corporation whose offers were not accepted—Failing written acceptance of the bid, there is no contract and therefore no agreement to arbitrate and no basis for a demand for arbitration 156
  16. United Nations Peace-Keeping Force in Cyprus—Liability insurance for contingent-owned vehicles 158
  17. Charge levied by a Member State in connection with certain transactions by United Nations offices and staff—Applicable treaty provisions—Exemption of the United Nations from all direct taxes under decision 7 (a) of the Convention on the Privileges and Immunities of the United Nations—Meaning of the term "public utility" as contained in that section—Question whether the imposition by a Member State of a special tax on the transactions of United Nations officials is consonant with relevant international instruments 159
  18. Privileges and immunities of officials of the United Nations and the specialized agencies—Concept of functional immunity—Right of the Secretary-General under the international instruments in force to independently determine, in case a staff member is being subjected to legal process, whether an official act is involved—Meaning of the term "officer" in the Conventions on the Privileges and Immunities of the United Nations and of the Specialized Agencies 161
  19. Legal provisions governing the question of importation of household effects and automobiles of United Nations officials assigned to a regional economic commission—Question whether field service officers are officials within the meaning of the Convention on the Privileges and Immunities of the United Nations and of the relevant Headquarters Agreement—Meaning of the term "furniture and effects" under the above-mentioned instruments 162
  20. Question whether the establishment of a reporting link between the secretariat of the International Narcotics Control Board and the Secretariat of the United Nations on substantive matters would be in conformity with the character and status of the INCB secretariat 164
  21. "Gross negligence" on the part of a staff member, resulting in damage to United Nations property—Criteria to be applied in determining whether gross negligence is involved 165
  22. Question whether United Nations officers should be charged for damage to vehicles arising out of ordinary negligence 167
  23. Applicability of the jurisdiction of the United Nations Administrative Tribunal to the International Centre for the Study of the Preservation and the Restoration of Cultural Property (ICCROM) in cases relating to United Nations Staff Pension Board 167
  24. Time-limit for the submission of applications for review of judgements of the United Nations Administrative Tribunal—Practice of the secretariat of the Tribunal with respect to the sending of copies of the judgements 168
B. Legal opinions of the Secretariats of Intergovernmental Organizations related to the United Nations  
    International Labour Organisation 169

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. France  
    Benvenuti & Bonfant Company v. the Government of the People's Republic of the Congo. Judgement of 26 June 1981  
      Request for arbitration addressed to the International Centre for Settlement of International Disputes—Order of a national court granting recognition of the award subject to a reservation concerning measures of execution—Limits to the authority of the requested court under article 54 of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States 176
  2. United States of America  
    United States Court of Appeals for the District of Columbia Circuit  
    Tuck v. Pan American Health Organization: Decision of 13 November 1981  
      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 177

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 182
  2. Particular questions 185
B. United Nations  
  1. General 186
  2. Particular organs 186
      General Assembly 186
      International Court of Justice 187
      Secretariat 189
      Security Council 190
      United Nations Forces 190
  3. Particular questions or activities 191
      Collective security 191
      Commercial arbitration 191
      Definition of aggression 192
      Diplomatic relations 192
      Disarmament 193
      Environmental questions 193
      Human rights 194
      International administrative law 198
      International criminal law 198
      International economic law 199
      International terrorism 201
      International trade law 202
      International waterways 203
      Intervention 204
      Law of the sea 204
      Law of treaties 209
      Law of war 210
      Maintenance of peace 212
      Membership and representation 212
      Most-favoured-nation clause 213
      Namibia 213
      Natural resources 213
      Non-self-governing territories 213
      Outer space 213
      Peaceful settlement of disputes 216
      Political and security questions 217
      Progressive development and codification of international law (general) 218
      Recognition of States 218
      Refugees 218
      Right of asylum 219
      Self-defence 219
      Self-determination 220
      Social defence 220
      State responsibility 220
      State sovereignty 220
      State succession 221
      Technical co-operation 221
      Trade and development 222
      Trusteeship 226
      Use of force 226
C. Intergovernmental organizations related to the United Nations  
  Particular organizations 227
    Food and Agriculture Organization of the United Nations 227
    General Agreement on Tariffs and Trades 229
    International Atomic Energy Agency 229
    International Civil Aviation Organization 230
    International Labour Organization 231
    International Maritime Organization 231
    International Monetary Fund 232
    International Telecommunication Union 233
    United Nations Educational, Scientific and Cultural Organization 234
    United Nations Industrial Development Organization 234
    World Bank 234
      International Centre for Settlement of Investment Disputes 234
    World Health Organization 234
    World Intellectual Property Organization 235