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

Last update: February 6, 2018

1989

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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. Peru  
      Legislative Decrees Nos. 549, 550 and 551 3
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 10
  2. Agreements related to installations and meetings  
    (a) Agreement between the United Nations and the Government of Denmark establishing the United Nations information centre for the Nordic countries in Copenhagen. Signed at New York on 31 January 1989 10
    (b) Agreement between the United Nations Transition Assistance Group and the Government of Namibia concerning the status of UNTAG to Namibia. Signed at New York on 10 March 1989 14
    (c) Agreement between the United Nations and the Government of Colombia regarding arrangements for the twelfth session of the United Nations Commission on Human Settlements to be held at Cartagena de Indias. Signed at Cartagena de Indias on 24 April 1989 24
    (d) Agreement between the United Nations and the Government of Egypt regarding arrangements for the fifteenth session of the United Nations World Food Council. Signed at Cairo on 26 April 1989 31
    (e) Memorandum of Understanding between the United Nations and the Government of Australia on the Fifth International Training Course on use of Remote Sensing Systems in Hydrological and Agrometeorological Applications, held at Canberra by the United Nations, the Food and Agricultural Organization of the United Nations, the World Meteorological Organization and the European Spacial Agency, and the first International Training Course on the Use of the MicroBRIAN Image Processing System, held at Brisbane. Signed at New York on 12 May 1989 37
    (f) Protocol between the United Nations Transition Assistance Group and the Government of Angola on the tasks to be fulfilled by UNTAG in Angolan territory, and Additional Protocol on the status of UNTAG personnel in the territory of the People’s Republic of Angola. Signed at Lubango on 9 June 1989 42
    (g) Agreement between the United Nations and the Government of Cuba on the United Nations Workshop on Space Communications for Development, Current and Future Developments, Rural Communications, Search and Rescue Missions and Disaster Relief, to be held at Havana. Signed at New York on 15 June 1989 44
    (h) Agreement between the United Nations and the Government of the German Democratic Republic relating to the Second United Nations International Training Course on Remote Sensing Applications to Geological Sciences, to be held at Potsdam from 5 to 20 October 1989. Signed at New York on 18 September 1989 48
    (i) Exchange of letters between the United Nations and the Government of Nicaragua constituting an agreement on the status and privileges and immunities of the United Nations Observer Group in Central America. Signed at New York on 10 November 1989 and at Managua on 7 August 1990 53
  3. Agreements relating to the United Nations Development Programme  
    (a) Agreement between the United Nations Development Programme and the Government of Denmark relating to the headquarters of the Inter-Agency Procurement Services Unit in Copenhagen. Signed at New York on 25 January 1989 55
    (b) Agreement between the United Nations Development Programme and the Government of Ecuador concerning assistance by UNDP to the Government of Ecuador. Signed at Quito on 8 March 1989 63
    (c) Agreement between the United Nations Development Programme and the Government of Pakistan on the oceanographic space information systems. Signed at New York on 28 June 1989 73
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 78
  2. International Monetary Fund  
      Executive Agency Agreement between the United Nations Development Programme and the International Monetary Fund. Signed at Noordwijk, Netherlands, on 16 July 1989 78
  3. United Nations Industrial Development Organization  
    (a) Memorandum of Understanding concerning the integration of the United Nations Industrial Development Organization field service within the United Nations Development Programme field office. Signed at New York on 5 April 1989 and at Vienna on 12 April 1989 85
    (b) Cooperation Agreement between the United Nations Industrial Development Organization and the World Health Organization. Signed at Geneva on 19 April 1989 90
    (c) Cooperation Agreement between the United Nations Industrial Development Organization and the United Nations Educational, Scientific and Cultural Organization. Signed at Paris on 22 April 1989 and at Vienna on 5 June 1989 93
    (d) Agreement between the United Nations Industrial Development Organization and the Government of China on the establishment of a UNIDO Centre for International Industrial Cooperation. Signed at Vienna on 21 November 1989 97
  4. International Atomic Energy Agency  
      Agreement between the International Atomic Energy Agency and the Government of the United States of America regarding the application of safeguards in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean. Signed at Vienna on 17 February 1989 102

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 113
  2. Other political and security questions 123
  3. Environmental, economic, social, humanitarian and cultural questions 125
  4. Law of the Sea 152
  5. International Court of Justice 153
  6. International Law Commission 168
  7. United Nations Commission on International Trade 169
  8. Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies 171
  9. United Nations Decade of International Law 181
  10. Respect for the privileges and immunities of officials of the United Nations and the specialized agencies and related organizations 181
B. General review of the legal activities of intergovernmental organizations related to the United Nations  
  1. International Labour Organization 182
  2. Food and Agriculture Organization of the United Nations 183
  3. United Nations Educational, Scientific and Cultural Organization 187
  4. International Civil Aviation Organization 191
  5. World Health Organization 195
  6. World Bank 196
  7. International Monetary Fund 198
  8. Universal Postal Union 201
  9. International Maritime Organization 204
  10. International Fund for Agricultural Development 208
  11. United Nations Industrial Development Organization 216
  12. International Atomic Energy Agency 218
Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations View PDF file
A. Treaties concerning international law concluded under the auspices of the United Nations  
    Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. Done at Basel on 22 March 1989 229
B. Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations  
  1. International Labour Organization  
      Convention concerning Indigenous and Tribal Peoples in Independent Countries. Adopted by the General Conference of the International Labour Organization at Geneva on 27 June 1989 257
  2. International Maritime Organization  
      International Convention on Salvage. Done at London on 28 April 1989 269
  3. World Intellectual Property Organization  
      Treaty on Intellectual Property in respect of Integrated Circuits. Done at Washington on 26 May 1989 280
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. 440 (17 May 1989): Shankar v. the Secretary-General of the United Nations  
      Rescission of the decision compensating, rather than reinstating, the staff member for his separation vitiated by lack of good faith and of due process—Commitment to renew appointment must be based on conclusive proof—Article 9 of Administrative Tribunal statute—Question of compensation—Confidential, adverse documents not shown to staff member must be removed from his official status file 290
  2. Judgement No. 441 (18 May 1989): Shaaban v. the Secretary-General of the International Civil Aviation Organization  
      Denial by ICAO of reimbursement of income tax imposed by United States authorities—Entitlement governed by letter of appointment, ICAO Service Code and established administrative practice—Special circumstances do not establish an administrative practice or reflect unlawful discrimination—Effect of incorrect informal advice—Human rights complaints versus conditions of service governing contracts of employment 291
  3. Judgement No. 443 (22 May 1989): Sarabia and De Castro v. the Secretary-General of the United Nations  
      Discriminatory treatment with regard to the payment of daily subsistence allowance on mission—Competency of Tribunal—Question of an injury—Infringement of the principle of equality 293
  4. Judgement No. 444 (23 May 1989): Tortel v. the Secretary-General of the United Nations  
      Non-promotion to D-2—Special commitment to a staff member might imply discriminatory treatment as to other staff members—Question of a commitment to promote staff member to Director—Commitment versus promise of priority—Effect of omission of delegation of authority in administrative instruction—Question of reasonableness of reliance on verbal commitments of the Under-Secretary-General—Organization should honour commitments on which staff members had relied in good faith—Responsibility of Organization when a decision is made not to promote a staff member to whom commitments had been made—Issue of “penalty box” jobs 294
  5. Judgement No. 447 (25 May 1989): Abbas vs. the Secretary-General of the United Nations  
      Non-selection of D-2 post—Vacancy announcements should be advertised—Question of adequate consideration for appointment to post—Requirement of a suitable examination of and report on allegations of prejudice and discrimination before Tribunal can make a decision 297
  6. Judgement No. 455 (31 October 1989): Denig v. the Secretary-General of the United Nations  
      Question of a binding contract for one-year appointment—No entitlement to salary for performing no work—Question of fulfilment of condition before formation of valid employment contract—Significance of invalid contractual requirement—Staff member placed at financial disadvantage by the Administration 298
  7. Judgement No. 456 (2 November 1989): Kioko v. the Secretary-General of the United Nations  
      Termination of permanent appointment for unsatisfactory performance—Importance of notification and opportunity to respond to recommendation for termination—Clarification of delegation of authority in five-year reviews of permanent appointments—Question of strict adherence to administrative instruction regarding preparation of performance reports—Generous treatment by the staff member’s department negates claim of prejudice—Issue of delays by Joint Appeals Board 301
  8. Judgement No. 457 (7 November 1989): Anderson v. the Secretary-General of the United Nations  
      Rejection of recommendation of the rebuttal panel to upgrade performance evaluation report—Question of an administrative decision—Question of Tribunal’s competency in matter—Issue of truthful performance reports—Importance of warning of poor performance to staff member—Charge of prejudice negated by careful appraisal of rebuttal panel report and positive statements about staff member 304
  9. Judgement No. 461 (10 November 1989): Zafari v. the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East  
      Termination—Competency of Tribunal in matter—Importance of opportunity of judicial recourse against administrative decision—Question of renunciation of right to seek compensation for improper dismissal—Termination under regulation 9.1 must be justified 306
  10. Judgement No. 465 (15 November 1989): Safavi v. the Secretary-General of the United Nation  
      Non-renewal of fixed-term appointment—Question of legal expectancy of renewal—Proof of prejudice or improper motivation—Importance of staff member being given opportunity to respond to charges of unsatisfactory performance—Post facto presentations of documents are not normally an adequate substitute for contemporaneous performance records 308
B. Decisions of the Administrative Tribunal of the International Labour Organization  
  1. Judgement No. 958 (27 June 1989): In re El Boustani (No. 3) v. United Nations Educational, Scientific and Cultural Organization  
      Non-promotion to head of section—Competency of Tribunal in matter—Proof of personal prejudice—Question of indicating reasons for ranking of candidates—Weight of factors in selection process—Question of providing an explanation in an administrative decision—Ability of staff member to defend his or her rights—Corroboration of plea by citing other cases 310
  2. Judgement No. 972 (27 June 1989): In re Unninayar v. World Meteorological Organization  
      Non-renewal of contract—Standard for review of decision— Exhaustion of internal means of redress—Question of reviewing all facts before making a decision—Standard for retention in the Organization—Importance of opportunity to answer charges—Question of a remedy 312
  3. Judgement No. 975 (27 June 1989): In re Nowak v. European Patent Organisation  
      Request to substitute certified sick leave for maternity leave so as to preserve full period of maternity leave entitlement—Expressio unius exclusio alterius—Significance of recommendation from the Appeals Committee—Effect of a previous misinterpretation of the rules in a subsequent similar situation—Question of equality of treatment 314
  4. Judgement No. 977 (27 June 1989): In re Ratteree v. International Labour Organization  
      Non-selection to posts—Question of receivability—Authority of Director-General to assign staff—Question of arbitrary and unfair treatment of staff member 315
  5. Judgement No. 978 (27 June 1989): In re Meyler v. United Nations Educational, Scientific and Cultural Organization  
      Withdrawal of recurrent benefits upon marriage—Question of receivability—Effect of discriminatory staff rule—Applications to intervene in case 317
C. Decisions of the World Bank Administrative Tribunal  
  1. Decision No. 78 (5 May 1989): Charlotte Robinson v. International Bank for Reconstruction and Development  
      Complaint against advice received from Bank regarding United States tax liability on commuted pension payments—Question of jurisdiction of the Tribunal—Advice to staff members given by Bank must be reasonable 319
  2. Decision No. 81 (22 September 1989): Trent John Bertrand v. International Bank for Reconstruction and Development  
      Non-selection to a post during 1987 Bank reorganization— Question of time limits regarding Applicant’s reply—Tribunal’s competency in the matter—Appropriateness of considering policy views of staff member in selection process—Importance of factual support for factor given negative weight in selection process—Detailed allegations and factual support of Applicant’s case shifted burden to the Respondent to disprove—Assessment of damages 322
  3. Decision No. 84 (22 September 1989): Maysoon Abbas Sukkar v. International Bank for Reconstruction and Development  
      Question of an obligation to retain staff member after external training authorized by the Bank—Question of an implied obligation 324
  4. Decision No. 85 (22 September 1989): Pierre De Raet v. International Bank for Reconstruction and Development  
      Non-selection during 1987 reorganization—Relationship of Appeals Committee to the Tribunal—Necessity of establishing a prima facie case—Error of terminating staff member on redundancy ground for poor performance instead of for lack of skills for redesigned position—Principle 2.1 of the Staff Employment—Competency of Tribunal in review of staff member’s performance report 326
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)  
  Claims and liability issues  
  1. Legal basis for instituting claims against troop-contributing Governments to compensate the United Nations for loss of, or damage to, United Nations property—Legal principles concerning negligent acts as applied to members of the staff and members of military contingents of United Nations peacekeeping operations—Liability of troop-contributing Governments for gross negligence of members of their military contingents—Definition of gross negligence 331
  2. Liability of United Nations under road projects executed by the Office for Project Services—Employer and employment of personnel engaged to work on a United Nations Development Programme Project 338
  3. Liability of the United Nations for parking facilities—Article III, section 7(b), of the Headquarters Agreement—"Garages and Parking Places” section of the New York General Obligations Law 341
  Commercial issues  
  4. Issue whether it is legally proper for the United Nations to distribute advertising material with the United Nations publications—Guidelines and safeguards to be followed in accepting advertising in a United Nations publication 343
  Contracts  
  5. Government execution as a policy for implementation of United Nations Development Programme projects—Role of the UNDP field office 346
  Copyright  
  6. Copyright of the United Nations Treaty Series and related publications—Administration instruction ST/AI/189/Add.9/Rev.2 349
  Personnel issues  
  7. Legal status of individuals under special service agreements—Section 26 of the Convention on Privileges and Immunities of the United Nations—Experts on mission 350
  Privileges and immunities  
  8. Exemption from excise duties and taxes—Section 8 of the Convention on the Privileges and Immunities of the United Nation 352
  9. Payment of employment injury contributions and contributions under the national pension scheme—Section 7(a) of the Convention on the Privileges and Immunities of the United Nations 353
  10. United Nations Commission on International Trade Law Arbitration Rules—Section 2 of the Convention on the Privileges and Immunities of the United Nations 354
  11. Exemption from Customs Duty for a National Committee for UNICEF—Section 7 of the Convention on the Privileges and Immunities of the United Nations—Relationship between a National Committee for UNICEF and UNICEF 355
  12. Commercial rent tax imposed by the City of New York on rents paid—Section 7 of the Headquarters Agreement 356
  13. Accreditation of diplomatic status—Article 37(2) of the Vienna Convention on Diplomatic Relations—Distinction between career and non-career administrative and technical staff of permanent missions 358
  14. Interpretation of the term “public utility”—Exemption from wharfage charges 359
  15. Exemption from taxes relating to the purchase of aviation gas—Sections 7 and 8 of the Convention on the Privileges and Immunities of the United Nations 360
  Procedural and institutional issues  
  16. Meaning of the term “subsidiary body”—Question whether the Governing Council of the United Nations Development Programme is a subsidiary body of the General Assembly or of the Economic and Social Council 361
  17. Constitution of appointment and promotion bodies—Role of the staff unions 363
  18. Subcommission on Prevention of Discrimination and Protection of Minorities—Conditions of participation of States—Observers 364
  19. Interpretation of rules of procedure by the Subcommission on Prevention of Discrimination and Protection of Minorities—Rule 69—Right of reply of observer States 366
  20. Status of the United Nations Institute for Training and Research—Designation of an executing agency of the United Nations Development Programme regarding eligibility for support cost flexibility arrangements 367
  Secretariat  
  21. Toponym “Persian Gulf”—Practice of the Secretariat on terminology issues 369
  Treaties  
  22. Signatures affixed to the original of a treaty deposited with the Secretary-General elsewhere than the place provided for under the provisions of the Treaty—Discretion of depositary 370
B. Legal opinions of the secretariats of intergovernmental organizations related to the United Nations  
  United Nations Industrial Development Organization (Legal opinions issued or prepared by the Legal Service)  
  1. Membership in UNIDO—Possible request by Palestine 372
  2. Commercialization of UNIDO’s technologies 373
  3. Question of attributing authorship to staff members—Ranking system of rules of UNIDO—Authority to amend the rules and the form of such amendment 375

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  
    Applicability of article VI, section 22, of the Convention on the Privileges and Immunities of the United Nations (request for advisory opinion) 383
Chapter VIII. Decisions of National Tribunals View PDF file
  Mexico
Ministry of Foreign Affairs
 
    Communiqué to the President of the Special Federal Conciliation and Arbitration Board No. 14 395

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 400
  2. Particular questions 404
B. United Nations  
  1. General 405
  2. Particular organs 407
      General Assembly 407
      International Court of Justice 407
      Regional commissions 411
      Secretariat 411
      Security Council 412
      United Nations Forces 412
  3. Particular questions or activities 413
      Collective security 413
      Commercial arbitration 414
      Definition of aggression 418
      Diplomatic relations 418
      Disarmament 419
      Environmental questions 421
      Financing 425
      Friendly relations and cooperation among States 426
      Human rights 426
      International administrative law 434
      International criminal law 435
      International economic law 437
      International terrorism 438
      International trade law 440
      International waterways 442
      Intervention 442
      Law of the sea 443
      Law of treaties 449
      Law of war 451
      Maintenance of peace 459
      Membership and representation 460
      Namibia 460
      Narcotic drugs 461
      Natural resources 461
      Non-governmental organizations 464
      Outer space 465
      Peaceful settlement of disputes 468
      Political and security questions 470
      Progressive development and codification of international law (general) 472
      Recognition of States 473
      Refugees 473
      Right of asylum 475
      Rule of law 476
      Self-defence 476
      Self-determination 477
      Social defence 478
      State responsibility 479
      State sovereignty 480
      State succession 482
      Technical cooperation 482
      Trade and development 482
      Use of force 483
C. Intergovernmental organizations related to the United Nations  
    Food and Agriculture Organization of the United Nations 484
    General Agreement on Tariffs and Trades 484
    International Atomic Energy Agency 485
    International Centre for Settlement of Investment Disputes 486
    International Civil Aviation Organization 486
    International Labour Organization 487
    International Monetary Fund 487
    International Telecommunication Union 488
    United Nations Educational, Scientific and Cultural Organization 488
    Universal Postal Union 488
    World Bank 488
    World Intellectual Property Organization 489