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

Last update: January 24, 2018

1991

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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
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 4
  2. Agreements related to installations and meetings  
    (a) Exchange of letters constituting an agreement between the United Nations and the Government of Nepal concerning a Regional Meeting on Confidence-building Measures in the Asia-Pacific Region [to be held at Kathmandu from 24 to 26 January 1991]. New York, 7 and 14 January 1991 4
    (b) Exchange of letters constituting an agreement between the United Nations and the Austrian Federal Government concerning the United Nations Seminar on Confidence- and Security-building Measures. New York, 19 November 1990 and 21 February 1991 6
    (c) Exchange of letters constituting an agreement between the United Nations and the Union of Soviet Socialist Republics concerning a Conference of Peace Messenger Organizations [to be held at Dagomys (Sochi), USSR, from 10 to 14 June 1991]. New York, 17 January and 25 February 1991 8
    (d) Agreement between the United Nations and the Government of the Republic of Korea regarding the arrangements for the forty-seventh session of the Economic and Social Commission for Asia and the Pacific [to be held at Seoul from 1 to 10 April 1991]. Signed at Bangkok on 25 March 1991 9
    (e) Exchange of letters constituting an agreement between the United Nations and the Government of India concerning the United Nations/European Space Agency Workshop on Basic Space Science for the Benefit of Developing Countries, to be held at Bangalore, India, from 30 April to 3 May 1991. New York, 30 January and 24 April 1991 11
    (f) Exchange of letters constituting an agreement between the United Nations and the Government of Canada on arrangements for the Eighth United Nations North American Regional NGO Symposium on the Question of Palestine, to beheld at Montreal from 28 to 30 June 1991. New York, 24 April 1991 13
    (g) Exchange of letters constituting an agreement between the United Nations and the Government of Cameroon concerning arrangements for the United Nations Workshop on Conflict Resolution, Crisis Prevention and Management and Confidence-building, to be held at Yaounde from 17 to 21 June 1991. New York, 8 and 25 April 1991 15
    (h) Agreement between the United Nations and the Government of Denmark regarding arrangements for the seventeenth session of the World Food Council [to be held at Helsingor from 5 to 8 June 1991]. Signed at Copenhagen on 10 and 16 May 1991 16
    (i) Exchange of letters constituting an agreement between the United Nations and the Government of Iraq on the status, privileges and immunities of the Special Commission established by the Secretary-General pursuant to paragraph 9 (b) (i) of Security Council resolution 687 (1991). New York, 6 May 1991, and Baghdad, 17 May 1991 18
    (j) Exchange of letters constituting an agreement between the United Nations and the Austrian Federal Government concerning the thirty-fourth session of the Committee on the Peaceful Uses of Outer Space, to be held at Graz, Austria, from 27 May to 7 June 1991. New York, 3 April and 23 May 1991 21
    (k) Exchange of letters constituting an agreement between the United Nations and the Government of Spain on the Third United Nations/FAO/European Space Agency Workshop on Microwave Remote Sensing Technology, organized with the cooperation of the Government of Spain, to be held at Maspalomas, Canary Islands, Spain, from 10 to 14 June 1991. New York, 21 May and 7 June 1991 23
    (l) Exchange of letters constituting an agreement between the United Nations and the Government of Iraq concerning the status, privileges and immunities of the United Nations Iraq-Kuwait Observation Mission. New York, 15 April 1992, and Baghdad, 20 June 1992 25
    (m) Agreement between the United Nations and the Government of the Islamic Republic of Iran regarding Arrangements for the Meeting of Ministers of Industry and Technology of the United Nations Economic and Social Commission for Asia and the Pacific [to be held at Tehran from 24 February to 1 March 1992]. Signed at Bangkok on 27 June 1991 27
    (n) Exchange of letters constituting an agreement between the United Nations and the Government of Mexico regarding the Regional Disarmament Workshop for Latin America and the Caribbean with Special Emphasis on Chemical Weapons, to be held at Mexico City from 1 to 5 July 1991. New York, 28 June 1991 29
    (o) Exchange of letters constituting an agreement between the United Nations and the Government of El Salvador concerning the United Nations Observer Mission in El Salvador for the purpose of verifying the observance of human rights in El Salvador in accordance with the Agreement on Human Rights signed at San José on 26 July 1990 between the Government of El Salvador and the Frente Farabundo Marti para la Liberacion Nacional. New York, 16 July and 9 August 1991, and San Salvador, 23 July 1991 32
    (p) Exchange of letters constituting an agreement between the United Nations, the Government of Denmark and the Greenland Home Rule Government concerning a meeting of experts to review the experience of countries in the operation of schemes of internal self-government for indigenous populations, to be held at Nuuk, Greenland, from 24 to 28 September 1991. Geneva, 2 July and 9 August 1991 35
    (q) Agreement between the Secretary-General of the United Nations and Namibia concerning the United Nations Information Centre in Namibia. Signed at New York on 21 August 1991 37
    (r) Exchange of letters constituting an agreement between the United Nations and the Government of Morocco concerning the United Nations Mission for the Referendum in Western Sahara. New York, 13 December 1991, and Rabat, 15 January 1992 39
    (s) Exchange of letters constituting a memorandum of understanding between the United Nations and the Government of China on the United Nations/ESCAP/UNDRO Workshop on the Application of Space Techniques to Combat Natural Disasters, to be held at Beijing from 23 to 27 September 1991. New York, 9 and 11 September 1991 41
    (t) Exchange of letters constituting an agreement between the United Nations and the Government of Italy on the participation of the United Nations and other organizations of the United Nations system in the International Specialized Exhibition in Genoa in 1992. New York, 16 September and 2 October 1991 43
    (u) Agreement between the United Nations (Office of the United Nations High Commissioner for Refugees) and the Government of South Africa governing the Legal Status, Privileges and Immunities of the UNHCR Office and its Personnel in South Africa. Signed at Geneva on 2 October 1991 45
    (v) Exchange of letters constituting an agreement between the United Nations and the Government of Spain concerning the United Nations European Regional Seminar on the Question of Palestine, to be held at Madrid from 27 to 30 May 1991. New York, 17 and 25 April 1991 51
    (w) Exchange of letters constituting an agreement between the United Nations and the Government of Cyprus concerning the Asian Regional Seminar and NGO Symposium on the Question of Palestine, to be held at Nicosia from 20 to 24 January 1992. New York, 29 October and 22 November 1991 53
    (x) Exchange of letters constituting an agreement between the United Nations (United Nations Environment Programme) and the Government of the United Kingdom of Great Britain and Northern Ireland concerning the arrangements for the Meeting of Experts to Discuss Draft Proposals for an Intergovernmental Mechanism for Chemical Risk Assessment and Management. Nairobi, 30 October 1991, and London, 26 November 1991 55
    (y) Agreement between the United Nations; and the Government of China regarding Arrangements for the Forty-eighth Session of the United Nations Economic and Social Commission for Asia and the Pacific [to be held at Beijing from 14 to 23 April 1992], with exchange of letters. Signed at Bangkok on 6 December 1991 57
  3. Agreements relating to the United Nations Children's Fund  
      Agreement between the United Nations (United Nations Children's Fund) and the Government of Belize [Basic Cooperation Agreement]. Signed at Belize City on 5 September 1990 59
  4. Agreements relating to the United Nations Development Programme  
    (a) Standard Basic Assistance Agreement between the recipient Government and the United Nations Development Programme 64
    (b) Agreement between the United Nations (United Nations Development Programme) and the Government of the Argentine Republic on the Establishment of a National Office for the Technological Information Pilot System. Signed at Buenos Aires on 1 November 1991 65
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 65
  2. Food and Agriculture Organization of the United Nations  
    (a) Agreements based on the standard "Memorandum of Responsibilities" in respect of FAO sessions 66
    (b) Agreements based on the standard "Memorandum of Responsibilities" in respect of seminars, workshops, training courses or related study tours 66
  3. United Nations Educational, Scientific and Cultural Organization
Agreements relating to conferences, seminars and other meetings
 
    (a) Agreement between the United Nations Educational, Scientific and Cultural Organization and the Government of Australia concerning the Meeting of Experts to Prepare Criteria on the Revision and Improvement of Textbooks from the Viewpoint of International Education [to be held at Natham, Queensland, from 18 to 22 March 1991]. Signed at Canberra on 7 February 1991 66
    (b) Agreements containing provisions similar to those referred to in the paragraph above also concluded between UNESCO and the Governments of other States 67
  4. United Nations Industrial Development Organization  
    (a) Standard Basic Cooperation Agreement between the United Nations Industrial Development Organization and Member States Receiving Assistance from UNIDO 67
    (b) Agreement between the United Nations Industrial Development Organization and the Government of Denmark regarding the Arrangements for a UNIDO International Conference on Ecologically Sustainable Industrial Development [to be held at Copenhagen from 14 to 18 October 1991]. Signed at Vienna on 18 and 24 July 1991 68
    (c) Agreement between the United Nations Industrial Development Organization and the Government of the Czech and Slovak Federal Republic regarding the Arrangements for UNIDO's Fourth Consultation on the Capital Goods Industry, with Emphasis on Machine Tools [to be held at Prague from 16 to 20 September 1991]. Signed at Vienna on 10 September 1991 70
    (d) Agreement between the United Nations Industrial Development Organization and the Government of Greece regarding the Arrangements for UNIDO's Second Consultation on the Building Materials Industry [to be held at Athens from 4 to 8 November 1991]. Signed at Vienna on 31 October 1991 70
    (e) Agreement between the United Nations Industrial Development Organization and the Government of India on Basic Terms and Conditions governing UNIDO Projects Envisaged by the Interim Programme for the International Centre for Genetic Engineering and Biotechnology (with exchange of letters). Signed at Vienna on 25 March 1991 70
    (f) Agreement between the United Nations Industrial Development Organization and the Government of Italy on Basic Terms and Conditions governing the UNIDO Project concerning the Preparatory Phase for the Establishment of an International Centre for Science and High Technology. Signed at Vienna on 29 June 1991 74
  5. International Atomic Energy Agency  
      Agreement on the Privileges and Immunities of the International Atomic Energy Agency. Approved by the Board of Governors of the Agency on 1 July 1959 75

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 79
  2. Other political and security questions 97
  3. Environmental, economic, social, humanitarian and cultural questions 100
  4. Law of the Sea 132
  5. International Court of Justice 135
  6. International Law Commission 154
  7. United Nations Commission on International Trade Law 156
  8. Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies 158
B. General review of the legal activities of intergovernmental organizations related to the United Nations  
  1. International Labour Organization 168
  2. Food and Agriculture Organization of the United Nations 169
  3. United Nations Educational, Scientific and Cultural Organization 177
  4. International Civil Aviation Organization 179
  5. World Health Organization 180
  6. World Bank 181
  7. International Monetary Fund 185
  8. Universal Postal Union 190
  9. International Maritime Organization 190
  10. World Intellectual Property Organization 194
  11. International Fund for Agricultural Development 198
  12. International Atomic Energy Agency 202
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  
  1. Convention on Environmental Impact Assessment in a Transboundary Context. Done at Espoo, Finland, on 25 February 1991 216
  2. United Nations Convention on the Liability of Operators of Transport Terminals in International Trade. Done at Vienna on 19 April 1991 232
B. Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations  
    International Civil Aviation Organization Convention on the Marking of Plastic Explosives for the Purpose of Detection. Done at Montreal on 1 March 1991 244
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. 514 (23 May 1991): Maneck v. United Nations Joint Staff Pension Board  
      Applicant's request for retroactive application of interim measures for calculation of periodic benefit under the Pension Adjustment System—Question whether limiting applicability of the interim measures violates the principle of equal rights—Jurisdiction of the Tribunal with respect to cases involving the United Nations Joint Staff Pension Fund—Validity of various aspects of the Pension Adjustment System in the light of Judgement No. 400, Connolly-Battisti1987)—Legislative authority of the General Assembly in developing and making changes in the Pension Adjustment System 252
  2. Judgement No. 516 (28 May 1991): Satite and Williams v. the Secretary-General of the International Maritime Organization  
      Applicants' request for recalculation of salary upon promotion from the General Service category to the Professional category as provided for under the Staff Regulations as interpreted by Judgement No. 451, Young (1989), before staff rule 103.5 was amended—Principle of hierarchy of norms—Secretary-General of IMO exercised his authority properly in amending staff rule 103.5 253
  3. Judgement No. 526 (31 May 1991): Dewey v. the Secretary-General of the United Nations  
      Revocation by the Secretary-General of the decision of the United Nations High Commissioner for Refugees extending the fixed-term appointment of his Deputy—Authority of the High Commissioner regarding the appointment of a Deputy under paragraphs 14 and 17 of the statute of the Office of the High Commissioner for Refugees—The Applicant cannot bear the consequences of any lack of actual authority on the part of a high administrative official—Confirmation of the Tribunal's jurisprudence in Judgement No. 444, Tortel (1989)—Exceptional character of the case justifying payment of higher compensation 254
  4. Judgement No. 533 (28 October 1991): Araim v. the Secretary-General of the United Nations  
      Claim by a United Nations staff member for rescission of decision to fill the D-l post under the replacement procedure established in General Assembly resolution 35/210 instead of under the Vacancy Management System—Article 101 of the Charter of the United Nations—The Applicant's claim falls within the jurisprudence established in Judgement No. 492, Dauchy (1990) 255
  5. Judgement No. 535 (29 October 1991): Shatilova v. the Secretary-General of the International Civil Aviation Organization  
      Non-renewal of a fixed-term contract solely because the consent of the Government of the staff member concerned was not obtained—Resolution A14/6 of the ICAO Assembly—No evidence in the file that the Applicant was in government service—The Respondent's error of law vitiates the non-renewal decision—The judgement does not weaken articles 58 and 59 of the Chicago Convention 257
  6. Judgement No. 537 (1 November 1991): Upadhya v. the Secretary-General of the United Nations  
      Non-selection for a D-l post—Interpretation of Judgement No. 401, Upadhya (1987)—Question of the validity of the Vacancy Management System—Ending of the emergency which gave rise to the Vacancy Management System requires the Secretary-General either to end the temporary suspension of staff rule 104.14 or comply with article XII of the Staff Regulations 258
  7. Judgement No. 546 (14 November 1991): Christy, Thorstensen and White v. United Nations Joint Staff Pension Board  
      The Applicants' claims challenge complex changes to pensionable remuneration—General Assembly resolution 44/199 amending article 54 (b) of the Joint Staff Pension Fund Regulations—The required conditions for the modification of the pension system—It is not within the competence of the Tribunal to substitute its judgement for that of the General Assembly in respect of the matters in question 259
B. Decisions of the Administrative Tribunal of the International Labour Organization  
  1. Judgement No. 1064 (29 January 1991): In re Unninayar (No. 2) v. World Meteorological Organization  
      Application for the interpretation of point 2 of the Tribunal's decision in Judgement No. 972—Question of receivability of application—In absence of anything to the contrary the meaning of the term "rates" should be interpreted in accordance with the clear intent of point 2 of the decision 261
  2. Judgement No. 1077 (29 January 1991): In re Barahona (Janice) v. Pan American Health Organization (World Health Organization)  
      Complainant submits that by refusing to appoint her to a post the Director abused his discretionary authority—An international organization's appointment decisions subject only to limited review by the Tribunal—Procedural defects of the selection process—Provision 344 of the PAHO/WHO Manual requires that the process of evaluation must not only be fair but also be seen to be fair 262
  3. Judgement No. 1095 (29 January 1991): In re Gilles v. European Organisation for the Safety of Air Navigation (Eurocontrol)  
      Complainant requests refund of all of the medical costs of her difficult confinement—Question of receivability of application—Article VII (3) of the statute of the Tribunal—Setting of maximum limits under sickness insurance scheme—Reliance of Eurocontrol on rules borrowed from other organizations 264
  4. Judgement No. 1109 (3 July 1991): In re Ouldamar (Nos. 1 and 2) v. International Labour Organisation  
      Non-promotion pursuant to staff circular No. 334— Director-General's discretionary decision in promoting staff members may not ordinarily be set aside by the Tribunal unless there is some particular fatal flaw—Grounds on which an advisory body may rethink its recommendation 265
  5. Judgement No. 1118 (3 July 1991): In re Niesing (No. 2), Peeters (No. 2) and Roussot (No. 2) v. European Organisation for the Safety of Air Navigation (Eurocontrol)  
      Adjustments of sums refunded against educational expenses— Question of receivability of application regarding the adjustments in pay—The law of the international civil service—The Tribunal is fully competent when the relationship between the Organisation and its staff is at issue—Judgement No. 986, in re Ayoub (No. 2) and others—The Tribunal may neither review the reasons of policy underlying the general decision nor say what rates of pay ought to be—Question of acquired rights—Conditions for breach of res judicata—Educational expenses are part of staff member's pay 266
  6. Judgement No. 1125 (3 July 1991): In re Lehmann-Schurter v. Intergovernmental Organisation for International Carriage by Rail  
      Continuation of the Organisation's contribution to a survivors' insurance fund—Competence of the Tribunal to review a case where outcome will affect only complainant's heirs—When the text of a rule is clear there is no need for any interpretation or consideration of the drafter's original purpose—The Tribunal's competence to review the competent authority's discretionary decision to set the amount of contribution—A construction which an international organization wilfully and consistently puts on a rule for years may become a binding element of personnel policy 268
C. Decisions of the World Bank Administrative Tribunal  
  1. Decision No. 100 (20 June 1991): Jassal v. International Bank for Reconstruction and Development  
      Non-selection to a post during 1987 Bank-wide reorganization —Discretionary authority of the Bank in the selection process—A decision of the Bank in this process may be overturned by the Tribunal only when this discretionary authority is abused—Standard of scrutiny established by the Tribunal applied to other reorganization cases of separation because of redundancy—Unsatisfactory performance prior to the reorganization not alone a basis for termination on the ground of redundancy—Question of the Applicant's qualifications for the redefined post left vacant after the reorganization 270
  2. Decision No. 105 (6 December 1991): Singh v. International Bank for Reconstruction and Development  
      Applicant's request for rescission of the 10-year employment ban imposed by the Bank—No sufficient evidence to support the Respondent's finding that the Applicant acted in bad faith and made wilful misrepresentations—Procedural irregularities on the part of the Bank—The Applicant as a consultant has no right of contractual employment by the Bank after the term of his appointment has expired—Substantial compensation for the Bank's wrongful action not justified because of the Applicant's failure to inform himself about the fate of his divorce petition 271
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. Question whether the United Nations emblem may be used on the flag of a national military contingent in United Nations peace-keeping operations together with the emblem and the colours of the State concerned—Relevant provisions of the United Nations Flag Code and Regulations to implement the Flag Code 276
  2. Question whether, in the light of General Assembly resolution 44/46 of 8 December 1989, activities related to the International Space Year may be financed through voluntary contributions from sources other than States—Use of the United Nations name and emblem in soliciting funds 277
  3. Question of the legal protection of the emblem and flag of the United Nations Children's Fund 280
  4. Request to use the United Nations emblem on an aircraft chartered by the International Organization for Migration, acting as executing agency for the United Nations Disaster Relief Coordinator—Practice of the United Nations regarding the use of its name and emblem by non-United Nations entities 282
  5. Rules governing the award of compensation in the case of death, injury or illness of civilian police monitors of the United Nations Transition Assistance Group—Procedure for the submission and review of claims for compensation 285
  6. Question whether the Governing Council of the United Nations Environment Programme could delegate its decision-making and approving powers to a subsidiary organ 286
  7. Voluntary Fund for supporting developing countries participating in the United Nations Conference on Environment and Development and its preparatory process, established under General Assembly resolution 44/228—Question whether General Assembly resolutions 45/211 and 45/248 A would authorize the payment from that fund of daily subsistence allowance to representatives of developing countries not belonging to the category of least developed countries 287
  8. Restriction imposed on the General Assembly by Article 12, paragraph 1, of the Charter of the United Nations whereby "while the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests"—Interpretation of that restriction in the practice of the General Assembly 289
  9. Question whether a voluntary abstention by a permanent member of the Security Council affects the validity of a decision of the Council—Article 27 of the Charter of the United Nations—Relevant pronouncement of the International Court of Justice in its Advisory Opinion on the Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) of 21 June 1971 290
  10. Legislative framework for the administration and custody of the United Nations Compensation Fund created by Security Council resolution 687 (1991) and established by Council resolution 692 (1991)—Authority and responsibilities of the Secretary-General for the custody of the Compensation Fund 291
  11. Status of the Special Commission established by the Secretary-General pursuant to paragraph 9 (b) (i) of Security Council resolution 687 (1991) 295
  12. United Nations practice with respect to requests for deletion of statements from official records 296
  13. Legal capacity of international intergovernmental organizations to establish other international organizations—Legal capacity of the United Nations Development Programme to participate in the establishment of other international organizations or to establish its own subsidiary organs 296
  14. Question whether, for the purpose of arriving at a quorum for meetings of the Caribbean Development and Cooperation Committee, associate members of the Committee may be counted—Question whether an associate member's representative can hold office in any subordinate body of the Economic Commission for Latin America and the Caribbean 301
  15. Application of the Republic of the Marshall Islands for full membership in the Economic and Social Commission for Asia and the Pacific—Status of the Republic of the Marshall Islands in the light of Security Council resolution 683 (1990) 302
  16. Procedures for obtaining authorization to request advisory opinions from the International Court of Justice 303
  17. Procedure to be followed in order to claim disability compensation for injuries attributable to service with the United Nations Peace-keeping Force in Cyprus 304
  18. Status of members of the United Nations Volunteers—Question whether they are considered as "officials" or as "experts on mission" for the purposes of the privileges and immunities of the United Nations 305
  19. Question of the liability of the United Nations Development Programme for loss or damage resulting from gratuitous services extended to its staff in the field, for their convenience 307
  20. International Convention against Apartheid in Sports—Consequences of the non-payment by a State party to the Convention of its assessed contribution under the Convention—Possible consequences of developments in South Africa as regards the status of the Convention and relevant resolutions of the General Assembly 310
  21. Convention on the Elimination of All Forms of Discrimination against Women—Procedural options available to address the issue of violence against women—Practice of the Secretary-General as depositary concerning amendments to treaties—Advantages of an optional protocol—Difference between an amendment to and a revision of a treaty 312
  22. Financial obligations of the Federal Republic of Germany as a member of the International Cocoa Organization in the light of the accession of the former German Democratic Republic to the Federal Republic—Interpretation of the relevant provisions of the 1983 Vienna Convention on Succession of States in respect of State Property, Archives and Debts 315
  23. 1958 Agreement concerning the Adoption of Uniform Conditions of Approval and Reciprocal Recognition of Approval for Motor Vehicle Equipment and Parts—Requirement of unanimity for the amendment of the Agreement under the provision of its article 12—Possibility of substituting for unanimity a weighted voting or other voting system 317
  24. Decision of a court of a Member State refusing to grant UNICEF immunity—Suggestion that UNICEF should engage counsel to plead immunity on appeal or in any procedure to review the decision—Obligations of the Member State in question under the Agreement it concluded with UNICEF and under the 1946 Convention on the Privileges and Immunities of the United Nations 319
  25. Status of a diplomat who was already a permanent resident in the host State before being appointed to a permanent mission to the United Nations—Article 38 of the 1961 Vienna Convention on Diplomatic Relations—Question whether the United Nations should require credentials for the appointment of a chargé d'affaires of a permanent mission in Geneva—Article 19, paragraph 1, of the Vienna Convention 320
  26. Establishment in a Member State of a new tax on goods and services which includes United Nations publications—Question whether the United Nations could request, on the basis of article II, sections 7 and 8, of the 1946 Convention on the Privileges and Immunities of the United Nations, that United Nations publications purchased in that Member State be exempt from the new tax 322
  27. Sale of tax-free imported materials in the United Nations Children's Fund Greeting Card Operation—Meaning of the terms "official use" and "publications" used in article II, section 7 (b) and (c), of the 1946 Convention on the Privileges and Immunities of the United Nations—General practice of States in this regard 324
  28. Question of the importation of automobiles, free of duty, by officials of the Economic and Social Commission for Asia and the Pacific—Section 17 (/) of the 1954 Agreement relating to the headquarters of ESCAP 326
  29. Question whether the Secretary-General should waive immunity of a UNICEF staff member to enable her to testify before a national commission of inquiry—Article V, sections 18 (a) and 20, of the 1946 Convention on the Privileges and Immunities of the United Nations—Alternative ways for UNICEF to cooperate with the commission of inquiry 327
  30. Provisions of the 1946 Convention on the Privileges and Immunities of the United Nations, granting United Nations officials exemption from taxation on the income they receive from the Organization—General Assembly resolution 76 (I) of 7 December 1946—Meaning of the term "officials"—Tax applicable to pensions and lumpsum commutation payments 329
  31. Introduction in the legislation of the host country concerning the issuance of G-4 visas to the immediate family of staff members having G-4 visa status and additional requirements to be met by close relatives other than spouses and minor unmarried children of such staff members—Arguments militating against imposing such requirements on the issuance of G-4 visa status to the close relatives under consideration 331
  32. Legal basis of the United Nations authority to establish and operate telecommunications facilities on the territory of a State 333
  33. Question of the ownership of the copyright in the design of a stamp created under a Special Service Agreement concluded with the United Nations—Question whether the designer was an "independent contractor" or an "employee" under the United States Copyright Act—Possibility under the Act of transferring ownership of a copyright 334
  34. Advice on the use of INCOTERMS and similar shorthand expressions of contractual trade terms in United Nations contracts 337
B. Legal opinions of the secretariats of intergovernmental organizations related to the United Nations  
  1. International Labour Organisation  
      Legal opinion of the International Labour Office Observations of request for an opinion submitted to the Court of Justice of the European Communities by the Commission with regard to the competence of the Community to "conclude the Chemicals Convention, 1990 (No. 170)" 340
  2. Food and Agriculture Organization of the United Nations  
      Question whether membership of FAO by a member organization would entitle that member organization also to participate in joint subsidiary bodies at FAO— Interpretation of the so-called Vienna clause 346

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. Norway  
      Eidsivating High Court
Appeal against the judgement of the Oslo City Court: judgement of 30 September 1991
Dismissal of an officer who served in the Norwegian UNIFIL force in Lebanon for undertaking journalistic work in the area in contravention of the order—Objective basis for barring the appellant from carrying out this work—Appellant's claim for compensation for wrongful dismissal—Duty of UNIFIL personnel to remain neutral in the conflict—Question of whether the appellant was obliged under international law to undertake the acts from which he was ordered to abstain—Validity of the decision of the Norwegian Ministry of Defence
354
  2. Sweden  
      Supreme Administrative Court
Appeal against the judgement of the first instance: judgement of 13 November 1991
Request of a member of UNIFIL concerning his relief from taxation—Alleged higher cost of living of the applicant during his service with the United Nations—Question whether the applicant suffered an increase of personal living costs
361

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 367
  2. Particular questions 369
B. United Nations  
  1. General 371
  2. Particular organs 373
      General Assembly 373
      International Court of Justice 374
      Regional economic commissions 376
      Secretariat 376
      Security Council 377
      United Nations Forces 378
  3. Particular questions or activities 379
      Collective security 379
      Commercial arbitration 380
      Consular relations 383
      Definition of aggression 383
      Diplomatic relations 383
      Disarmament 384
      Domestic jurisdiction 386
      Environmental questions 386
      Financing 392
      Friendly relations and cooperation among States 392
      Human rights 393
      International administrative law 400
      International criminal law 401
      International economic law 403
      International terrorism 403
      International trade law 405
      International waterways 406
      Intervention 407
      Law of the sea 408
      Law of treaties 412
      Law of war 413
      Maintenance of peace 418
      Membership and representation 418
      Namibia 418
      Narcotic drugs 419
      Natural resources 419
      Non-governmental organizations 421
      Outer space 422
      Peaceful settlement of disputes 425
      Political and security questions 427
      Progressive development and codification of international law (in general) 429
      Recognition of States 431
      Refugees 431
      Right of asylum 433
      Rule of law 434
      Self-defence 434
      Self-determination 434
      State responsibility 435
      State sovereignty 437
      State succession 438
      Technical cooperation 438
      Trade and development 438
      Trusteeship 439
      Use of force 439
C. Intergovernmental organizations related to the United Nations  
    Food and Agriculture Organization of the United Nations 441
    General Agreement on Tariffs and Trades 441
    International Atomic Energy Agency 443
    International Civil Aviation Organization 443
    International Labour Organization 443
    International Maritime Organization 444
    International Monetary Fund 444
    International Telecommunication Union 446
    United Nations Educational, Scientific and Cultural Organization 446
    United Nations Industrial Development Organization 446
    Universal Postal Union 447
    World Bank 447
      International Centre for Settlement of Investment Disputes 447
    World Health Organization 447
    World Intellectual Property Organization 448