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

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1988

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Part One. Legal status of the United Nations and related intergovernmental organizations

Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations View PDF file
  1. Canada  
      Privileges and Immunities (International Organizations) Act 3
      United Nations Inter-regional Training Course on Toponymy Privileges and Immunities Order, 1988 3
  2. Papua New Guinea  
      United Nations and Specialized Agencies (Privileges and Immunities) Act 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 11
  2. Agreements relating to installations and meetings  
    (a) Exchange of letters constituting an agreement between the United Nations (Economic and Social Commission for Asia and the Pacific) and the Government of Indonesia concerning the arrangements for the forty-fourth session of the Economic and Social Commission for Asia and the Pacific, to be held at Jakarta from 11 to 20 April 1988. Bangkok, 29 January 1988 11
    (b) Agreement between the United Nations and the Government of Nepal regarding the establishment in Kathmandu of the United Nations Regional Centre for Peace and Disarmament in Asia (with memorandum of understanding). Signed at New York on 8 June 1988 14
    (c) Agreement between the United Nations and the Government of Lesotho regarding the arrangements for the Regional Seminar on the United Nations Commission on International Trade Law Texts and International Trade Law to be held at Maseru from 25 to 30 July 1988. Signed at New York on 14 July 1988 17
    (d) Exchange of letters constituting an agreement between the United Nations and the Government of the Islamic Republic of Iran establishing the United Nations Iran-Iraq Military Observer Group. New York, 19 August 1988, and Tehran, 28 March 1989 18
    (e) Agreement between the United Nations and the Government of Thailand on a United Nations/European Space Agency workshop on microwave remote sensing technology to be hosted by the Government of Thailand from 26 to 30 September 1988. Signed at New York on 16 September 1988 20
    (f) Agreement between the United Nations and the Government of Peru on a United Nations workshop on regional space information systems to be hosted by the Government of Peru from 24 to 28 October 1988. Signed at New York on 20 October 1988 21
  3. Agreement relating to the United Nations Children's Fund  
      Basic Agreement between the United Nations (United Nations Children's Fund) and the Government of Djibouti concerning the activities of the United Nations Children's Fund in Djibouti. Signed at Djibouti on 2 November 1988 23
  4. Agreement relating to the United Nations Development Programme  
      Standard Basic Assistance Agreement between the United Nations (United Nations Development Programme) and the Government of Nigeria. Signed at Lagos on 12 April 1988 26
  5. Agreements relating to the United Nations High Commissioner for Refugees  
    (a) Agreement between the United Nations and the Government of Spain relative to the establishment of a branch office of the Office of the United Nations High Commissioner for Refugees in Madrid. Signed at Madrid on 14 March 1988 29
    (b) Tripartite Agreement between the United Nations (United Nations High Commissioner for Refugees) and the Governments of France and Suriname on the voluntary repatriation of the Surinamese refugees. Signed at Paramaribo on 25 August 1988 32
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 34
  2. International Atomic Energy Agency  
      Agreement between the International Atomic Energy Agency and the Government of Nigeria for the application of safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons. Signed at Vienna on 29 February 1988 34
  3. International Labour Organization  
      Agreement between the International Labour Organization and the Government of Sri Lanka concerning the establishment of an office of the Organization in Colombo. Signed at Colombo on 21 March 1988 39
  4. United Nations Educational, Scientific and Cultural Organization  
      Exchange of letters constituting an agreement between the United Nations Educational, Scientific and Cultural Organization and the Government of France relating to measures to facilitate the use by the Organization of the services of French civil servants within the framework of the provisions of the French civil service rules concerning mobility. Paris, 28 November 1988 40
  5. United Nations Industrial Development Organization  
    (a) Agreement between the United Nations and the United Nations Industrial Development Organization for the transfer of assets. Signed at Vienna on 11 March 1988 43
    (b) Agreement between the United Nations Industrial Development Organization and the Government of India on basic terms and conditions governing the United Nations Industrial Development Organization projects envisaged by the interim programme for the International Centre for Genetic Engineering and Biotechnology. Signed at Vienna on 25 March 1988 47
    (c) Agreement between the United Nations Industrial Development Organization and the Government of Italy on basic terms and conditions governing the United Nations Industrial Development Organization's project concerning the preparatory phase for the establishment of an International Centre for Science and High Technology. Signed at Vienna on 29 June 1988 50
    (d) Basic Cooperation Agreement between the United Nations Industrial Development Organization and the Government of Morocco. Signed at Vienna on 6 September 1988 51
    (e) Agreement between the United Nations Industrial Development Organization and the Government of Cuba regarding the arrangements for the United Nations Industrial Development Organization's first interregional consultation on the food-processing industry, with emphasis on sugar-cane processing. Signed at Vienna on 20 September 1988 54

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 63
  2. Other political and security questions 71
  3. Environmental, economic, social, humanitarian and cultural questions 73
  4. Law of the Sea 86
  5. International Court of Justice 87
  6. International Law Commission 97
  7. United Nations Commission on International Trade 98
  8. Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies 100
  9. Respect for the privileges and immunities of officials of the United Nations and the specialized agencies and related organizations 116
  10. United Nations Institute for Training and Research 117
B. General review of the legal activities of intergovernmental organizations related to the United Nations  
  1. Food and Agriculture Organization of the United Nations 117
  2. International Atomic Energy Agency 121
  3. International Civil Aviation Organization 123
  4. International Labour Organization 125
  5. International Monetary Fund 126
  6. United Nations Educational, Scientific and Cultural Organization 129
  7. United Nations Industrial Development Organization 130
  8. Universal Postal Union 133
  9. World Bank 135
  10. World Health Organization 138
Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations View PDF file
A. Concerning international law concluded under the auspices of the United Nations  
  1. Agreement on the Global System of Trade Preferences among Developing Countries. Done at Belgrade on 13 April 1988 149
  2. Protocol to the 1979 Convention on Long-range Transboundary Air Pollution concerning the Control of Emissions of Nitrogen Oxides or their Transboundary Fluxes. Done at Sofia on 31 October 1988 168
  3. United Nations Convention on International Bills of Exchange and International Promissory Notes. Done at New York on 9 December 1988 184
  4. United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Done at Vienna on 20 December 1988 216
B. Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations  
  1. International Civil Aviation Organization  
      Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation. Done at Montreal on 24 December 1988 245
  2. International Maritime Organization  
      Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf. Done at Rome on 10 March 1988 248
Chapter V. Decisions of Administrative Tribunals of the United Nations and related intergovernmental organizations View PDF file
A. Decisions of the United Nations Administrative Tribunal  
  1. Judgement No. 409 (11 May 1988): Trenner v. The Secretary- General of the International Civil Aviation Organization  
      Personal upgrading is within discretion of the Secretary-General —Any faults in the procedure leading to the decision not to reclassify post are irrelevant to the refusal to grant a personal upgrading—Tribunal cannot substitute its judgement for that of the Secretary-General in the reclassification of posts 262
  2. Judgement No. 410 (17 May 1988): Noll-Wagenfeld v. The Secretary-General of the United Nations  
      Recovery of overpayment in respect of dependency benefits —Staff rule104.10(d)—Rule-making authority invested in the Secretary-General—No retroactive effect of staff rules—Question of interpretation of staff rule—Incumbent on staff member to request an authoritative determination of eligibility for benefits since her interpretation of staff rule differed from the Administration's—Higher standard of conduct for staff members who are attorneys—Effect of negligence on part of the Administration 263
  3. Judgement No. 415 (24 May 1988): Mizuno v. The Secretary-General of the United Nations  
      Non-renewal of fixed-term appointment because of refusal to accept a field posting—Competency of Joint Appeals Board—Question of discrimination—Due process rights of staff member must be fully protected even when he is annoying and suspected of dissimulation and lack of candour—Question of reasonable expectation of continuous employment—Requirement of a formal warning 265
  4. Judgement No. 418 (25 May 1988): Warner v. The Secretary-General of the United Nations  
      Non-promotion to the Professional category—Treatment of an outstanding staff member—Question of the existence of an agreement—Question of commitments made to a staff member—Remedy for not honouring commitments 266
  5. Judgement No. 421 (27 May 1988): Chatwani and Pettinicchi v. The Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East; Duguerny and Vetere v. The Secretary-General of the United Nations  
      Complaint against deferment at Geneva and Vienna of the introduction of the remuneration correction factor (RCF) in the calculation of Professional salaries—Nature of International Civil Service Commission rules—Competency of Executives Heads to modify or rescind ICSC decisions—Question of justification based on financial crisis 268
  6. Judgement No. 424 (27 October 1988): Ying v. The Secretary-General of the United Nations  
      Summary dismissal for serious misconduct—Question of delegated authority in personnel matters—Conditions attached to appearance of a witness—Judgement No. 104 (Gillead)—Question of referring serious misconduct to joint Disciplinary Committee—Broad discretionary power of the Secretary-General in disciplinary matters—Personal responsibility regarding certifications of accuracy of income tax reimbursements 269
B. Decisions of the Administrative Tribunal of the International Labour Organization  
  1. Judgement No. 883 (30 June 1988): In re Larghi v. Pan American Health Organization (World Health Organization)  
      Complaint against transfer—Organization's interests are paramount in reassigning staff—Limited power of review of discretionary decision—Question of personal prejudice 272
  2. Judgement No. 885 (30 June 1988): In re West (No. 10) v. European Patent Organisation  
      Reprimand for abuse of right of appeal—Purpose of right of appeal—Annoyance of appeal cannot negate right—Jurisdiction of Tribunal and the Organization in such matters 273
  3. Judgement No. 891 (30 June 1988): In re Morris v. The World Health Organization  
      Abolition of post—Question of post of indefinite or limited duration—Delay in following reduction-in-force procedure not a good reason for refusing to implement it—Question of expectation of continuity of employment 274
  4. Judgement No. 911 (30 June 1988): In re De Padirac (No. 2) v. United Nations Educational, Scientific and Cultural Organization  
      Complaint against violation of freedom of association— Question of receivability—Standards that govern freedom of association—Status of President of the Conference—Question of administrative action free from judicial review—Nature of facilities granted to a staff association—Executive Head's consultation with staff association—Question of damages 275
  5. Judgement No. 937 (8 December 1988): In re Fellhauer v. The Food and Agriculture Organization of the United Nations  
      Termination as a disciplinary measure—Conduct that constitutes misconduct—Principle of proportionality—Question of abuse of authority 277
  6. Judgement No. 939 (8 December 1988): In re Noor v. The International Labour Organization  
      Complaint against transfer—Circular 180—Question of procedural irregularity—Election to staff committee did not immune staff member from transfer 278
  7. Judgement No. 946 (8 December 1988): In re Fernandez-Caballero v. The United Nations Educational, Scientific and Cultural Organization  
      Non-renewal of fixed-term appointment—Judicial review of discretionary decision—Duty to inform of reason for non-renewal—Misstatements of facts surrounding the recommendation, tainted decision—Financial straits give no excuse for breach of principles that protect staff—Question of damages 280
C. Decisions of the World Bank Administrative Tribunal  
    Decision No. 56 (26 May 1988): Lyra Pinto v. The International Bank for Reconstruction and Development  
      Complaint against regrading—Review of discretionary exercise —Freezing of staff member's salary violated fundamental element of employment 281
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)  
  Contracts  
  1. Determination of the applicable law to contracts concluded between the United Nations and private parties—"Service contracts" and "functional contracts"—UNCITRAL Arbitral Rules (5 February 1988) 285
  2. Contract between United Nations Institute for Disarmament Research and the Institut Français des Relations Internationales (IFRI)—Financial rules 110.10, 110.18 and 110.19—Distinction of contracts—Obligation to call for bids and proposals prior to contracting—Financial regulation 10.5 (16 May 1988) 288
  3. Standards of evaluation of the work of an external contractor—Issue of payment to consultants (20 October 1988) 291
  Copyright  
  4. Question of whether a magazine of the United Nations Development Programme constitutes a trade-mark infringement—Copyright issues—Trade-mark law in the United States (27 July 1988) 292
  Personnel issues  
  5. Legal status of nationally recruited project Professional personnel—Section 18 of the 1946 Convention on the Privileges and Immunities of the United Nations—Standard Basic Assistance Agreements (11 February 1988) 302
  Privileges and immunities [see also: additional legal opinions]  
  6. Status of the United Nations and United Nations agencies in relation to conversion tax—Sections 5(b), 7(a) and 18(e) of the Convention on the Privileges and Immunities of the United Nations—Article 34 of the Vienna Convention on Diplomatic Relations of 1961 (9 February 1988) 304
  7. Statement by the Legal Counsel concerning the determination by the Secretary of State of the United States of America on the visa application of Mr. Yasser Arafat, made at the 136th meeting of the Committee on Relations with the Host Country (28 November 1988) 305
  Procedural and institutional issues  
  8. Question of whether a State not a member of an Economic and Social Council functional commission participating in its deliberations may raise points of order or make proposals of a procedural nature—Rule 69, paragraph 3, of the rules of procedure of functional commissions. "Points of order"—Paragraph 79 of annex V to General Assembly rules of procedure (29 January 1988) 308
  9. Designation of subsidiary organs of the United Nations as executing agencies for United Nations Development Programme projects—Status of the International Research and Training Institute for the Advancement of Women (18 March 1988) 309
  10. Possibility of a United Nations fund participating in the equity of private enterprises as a shareholder—United Nations Capital Development Fund mandate—General Assembly resolution 2186 (XXI) of 13 December 1966 (17 May 1988) 311
  11. Competence of the United Nations Administrative Tribunal to deal with an application if the Applicant is not a staff member of the Organization (21 July 1988) 313
  12. Status of short-term staff members as international civil servants—Authority of the Secretary-General to determine who is a staff member (15 August 1988) 314
  13. Status of the Environment Fund and Habitat Foundation—Financial rules 206.1 and 210.1—Article 97 of the Charter—General Assembly resolution 2997 (XXVII) of 15 December 1972—Role of the Executive Director and governing bodies of the United Nations Environment Programme and the United Nations Centre for Human Settlements (Habitat) (15 September 1988) 316
  14. Question of whether the Secretary-General can receive nominations for election of members to the Commission against Apartheid in Sports after the designated period of time—Issues relating to the regional distribution of Commission seats among the States parties—Article 11, paragraphs 1 and 3, of the International Convention against Apartheid in Sports (23 September 1988) 320
  15. Possibility of submission of draft resolutions by the President of the General Assembly (11 October 1988) 322
  16. Status of the Federation of International Civil Servants' Associations—Issue of FICSA acquiring consultative status with the Economic and Social Council—Council resolution 1298 (XLIV) of 23 May 1968 (12 October 1988) 322
  17. Issue of medals by the United Nations—Possibility of issuing a Commemorative Medal Service ribbon in recognition of the 1988 Nobel Peace Prize award to United Nations peacekeeping forces (10 November 1988) 325
  18. Issue of accountability of executing agencies—Relationship between United Nations Development Programme and the executing agencies (21 November 1988) 327
  19. Definition of the term "unforeseen and extraordinary expenses"—General Assembly resolution 42/227 (2 December 1988) 335
  20. Form of credentials—Question of whether representatives of States not holding formal credentials or international organizations participating as observers may sign the Final Act of a conference (16 December 1988) 337
  Procurement  
  21. Procurement of goods—Financial regulation 15.1—United Nations special condition on collaboration with South Africa—Meaning of the expression "acceptable bidder" (14 July 1988) 338
  Treaties  
  22. Signature of treaties or agreements by the United Nations—1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (20 January 1988) 339
  23. Interpretation of the provisions of article 57, paragraph 1, of the Agreement establishing the Common Fund for Commodities—Conditions for entry into force of the Agreement (11 March 1988) 341
  24. Preamble to treaties—Inclusion of interpretative statements in "travaux préparatoires" (9 December 1988) 344
B. Legal opinions of the secretariats of intergovernmental organizations related to the United Nations  
  United Nations Industrial Development Organization  
  1. Statutes of the International Centre for Genetic Engineering and Biotechnology—Some procedural aspects of reservations and acceptance of reservations—Legal effects of the reservations made by the Government of Chile on the applicability of the Statutes 345
  2. Obligation to surrender balance of appropriations to member States—Financial regulations 4.2(b) and (c) 350
  3. The budgets of UNIDO 353
  4. Suspension of right to vote owing to arrears 355
  5. United Nations Industrial Development Organization/South Asia Cooperative Environment Programme Relationship Agreement 357

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 367
    Advisory opinion  
      Applicability of the Obligation to Arbitrate under Section 21 of the United Nations Headquarters Agreement of 26 June 1947  
Chapter VIII. Decisions of National Tribunals View PDF file
  1. South Africa  
    (a) South West Africa, Supreme Court  
      Binga v. The Administrator-General for South West Africa and Others: Judgement of 22 June 1984 376
    (b) South Africa, Supreme Court, Appellate Division  
      Binga v. The Cabinet for South West Africa and Others: Judgement of 24 March 1988 376
  2. United Kingdom of Great Britain & Northern Ireland, Court of Appeals  
    (a) Maclaine Watson & Co. Ltd. v. Department of Trade and Industry; J.H. Rayner (Mincing Lane) Ltd. v. Department of Trade and Industry and Others, and Related Appeals; (b) In re International Tin Council; (c) Maclaine Watson & Co. Ltd. v. International Tin Council; and (d) Maclaine Watson & Co. Ltd. v. International Tin Council (No 2). Judgements of 27 April 1988 409
  3. United States of America  
    (a) United States District Court, Southern District of New York  
      United States of America (Plaintiff) against the Palestine Liberation Organization, et al. (Defendants): Judgement of 29 June 1988 414
    (b) United States Court of Appeals, District of Columbia Circuit  
      Committee of United States Citizens Living in Nicaragua v. Reagan: Judgement of 16 December 1988 431

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 442
  2. Particular questions 446
B. United Nations  
  1. General 448
  2. Particular organs 449
      General Assembly 449
      International Court of Justice 450
      Regional economic commissions 453
      Secretariat 453
      Security Council 453
      United Nations forces 454
  3. Particular questions or activities  
      Collective security 455
      Commercial arbitration 456
      Consular relations 459
      Definition of aggression 460
      Diplomatic relations 460
      Disarmament 462
      Domestic jurisdiction 463
      Environmental questions 464
      Financing 466
      Friendly relations and cooperation among States 466
      Human rights 467
      International administrative law 475
      International criminal law 476
      International economic law 477
      International terrorism 478
      International trade law 480
      International waterways 482
      Intervention 482
      Law of the sea 483
      Law of treaties 486
      Law of war 488
      Maintenance of peace 490
      Membership and representation 491
      Most-favoured-nation clause 491
      Namibia 492
      Narcotic drugs 492
      Natural resources 492
      Non-governmental organizations 493
      Non-self-governing territories 494
      Outer space 494
      Peaceful settlement of disputes 497
      Political and security questions 498
      Progressive development and codification of international law (general) 499
      Recognition of States 500
      Refugees 501
      Right of asylum 502
      Self-determination 502
      Social defence 503
      State responsibility 503
      State sovereignty 504
      Technical cooperation 505
      Trade and development 506
      Trusteeship 507
      Use of force 507
C. Intergovernmental organizations related to the United Nations  
    General Agreement on Tariffs and Trades 508
    International Atomic Energy Agency 509
    International Centre for Settlement of Investment Disputes 509
    International Civil Aviation Organization 510
    International Labour Organization 510
    International Monetary Fund 511
    International Telecommunication Union 512
    United Nations Educational, Scientific and Cultural Organization 512
    United Nations Industrial Development Organization 513
    Universal Postal Union 513
    World Bank 514
    World Health Organization 514
    World Intellectual Property Organization 514