| Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations |
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Peru |
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Refund of the general sales tax and the municipal development tax levied on goods
purchased with donations from abroad and goods imported by diplomatic missions and international agencies Legislative Decree No. 783 |
3 |
| Chapter II. Treaty provisions concerning the legal status of the United Nations and related intergovernmental organizations |
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| A. |
Treaty provisions concerning the legal status of the United Nations |
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1. |
Convention on the Privileges and Immunities of the United
Nations. Approved by the General Assembly of the United
Nations on 13 February 1946 |
6 |
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2. |
Agreements related to installations and meetings |
6 |
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(1) |
Exchange of letters constituting an agreement between the United Nations and the Government of Nepal concerning the Regional Meeting on National Security and Building of Confidence among Nations in the Asia-Pacific Region, to be held at Kathmandu from 1 to 3 February 1993. New York, 11 and 13 January 1993 |
6 |
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(2) |
Exchange of letters constituting an agreement between the United Nations and the Government of Indonesia concerning arrangements regarding the Asia-Pacific Workshop on Human Rights Issues, to be held at Jakarta from 26 to 28 January 1993. Geneva, 6 and 18 January 1993 |
8 |
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(3) |
Agreement between the United Nations and the Government of Georgia relating to the establishment of a United Nations Interim Office. Signed at Tbilisi on 27 January 1993 |
10 |
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(4) |
Exchange of letters constituting an agreement between the United Nations and the Government of Greece concerning the United Nations Workshop on Space Communications for Development, organized in cooperation with the Government of Greece, to be held at Athens from 10 to 12 May 1993. New York, 6 and 28 January 1993 |
19 |
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(5) |
Exchange of letters constituting an agreement between the United Nations and the Government of Poland concerning arrangements for a Seminar on Low-waste Technology and Environmentally Sound Products of the Economic Commission for Europe, to be held at Warsaw from 24 to 28 May 1993. Geneva, 22 October 1992 and 8 February 1993 |
21 |
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(6) |
Exchange of letters constituting an agreement between the United Nations and the Government of Egypt concerning arrangements regarding the United Nations Institute for Disarmament Research Regional Conference of Research Institutes in the Middle East, to be held at Cairo from 18 to 20 April 1993. Geneva, 31 March and 8 April 1993 |
22 |
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(7) |
Exchange of letters constituting an agreement between the United Nations and the Government of Poland concerning arrangements regarding the Meeting of Experts for the Establishment of the Regional Environmental Management Centre for the Chemical Industry of the Economic Commission for Europe, to be held at Warsaw on I5 and 16 April 1993. Geneva, 26 March and 14 April 1993 |
24 |
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(8) |
Exchange of letters constituting an agreement between the United Nations and the Government of Australia concerning arrangements for the Meeting of Representatives of National Institutions and Organizations Promoting Tolerance and Harmony and Combating Racism and Racial Discrimination, to be held at Sydney from 19 to 23 April 1993. Geneva, 24 March and 15 April 1993 |
26 |
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(9) |
Exchange of letters constituting an agreement between the United Nations and the Government of Sweden concerning arrangements for the Third United Nations Training Course in Remote Sensing Education for Educators, to be held at Stockholm and Kiruna from 3 May to 4 June 1994. New York, 2 February and 26 April 1993 |
28 |
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(10) |
Exchange of letters constituting an agreement between the United Nations and the Government of Finland regarding the Food and Agriculture Organization of the United Nations/United Nations Economic Commission for Europe Meeting of Experts on Global Forest Resources Assessment, to be held at Kotka from 3 to 7 May 1993. Geneva, 30 April and 1 May 1993 |
30 |
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(11) |
Exchange of letters constituting an agreement between the United Nations and the Government of Finland concerning arrangements regarding the Symposium on New Coal Utilization Technologies and the Meeting of Experts on Clean Coal Technologies, of the Economic Commission for Europe, to be held at Helsinki from 10 to 13 May 1993, and on 13 May 1993, respectively. Geneva, 30 April and 1 May 1993 |
32 |
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(12) |
Exchange of letters constituting a Memorandum of
Understanding between the United Nations and the Government of Indonesia concerning the arrangements made for the United Nations Regional Conference on Space Science and Technology for Sustainable Development, to be held at Bandung from 17 to 21 May 1993. New York, 22 April and 10 May 1993 |
34 |
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(13) |
Agreement between the United Nations and the Government of Mozambique on the Status of the United Nations Operation in Mozambique. Signed at New York on 14 May 1993 |
36 |
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(14) |
Agreement between the United Nations and the Government of Bosnia and Herzegovina on the Status of the United Nations Protection Force in Bosnia and
Herzegovina. Signed at Sarajevo on 15 May 1993 |
47 |
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(15) |
Agreement between the United Nations and the Austrian Federal Government regarding the Arrangements for the World Conference on Human Rights. Signed at Vienna on 18 May 1993 |
57 |
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(16) |
Exchange of letters constituting an agreement between the United Nations and the Government of the Czech Republic regarding the study tour of the Working Party on Steel, subsidiary body of the Economic Commission for Europe, to be held in the Czech Republic from 6 to 12 June 1993. Geneva, 18 March and 3 June 1993 |
59 |
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(17) |
Exchange of letters constituting an agreement between the United Nations and the Government of the United Kingdom of Great Britain and Northern Ireland in connection with the Ad Hoc Meeting on Methods of Financing Energy Efficiency Demonstration Zones of the Economic Commission for Europe, to be held at Newcastle on 15 and 16 June 1993. Geneva, 11 and 15 June 1993 |
61 |
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(18) |
Agreement between the United Nations and the Government of the Russian Federation relating to the Establishment in the Russian Federation of a United Nations Integrated Office. Signed at Vienna on 15 June 1993 |
63 |
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(19) |
Cooperation Service Agreement between the United Nations and the Government of Canada. Signed at New York on 16 June 1993 |
72 |
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(20) |
Exchange of letters between the United Nations and the Government of Uganda as required under Security Council resolution 846 (1993) and concerning the United Nations Observer Mission Uganda-Rwanda to be deployed on the Ugandan side of the border. New York, 14 and 18 August 1993 |
76 |
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(21) |
Exchange of letters constituting an agreement between the United Nations and the Government of the Russian Federation regarding the Symposium on the Environmental Benefits of Energy Conservation, of the Economic Commission for Europe, to be held in Moscow from 20 to 24 September 1993. Geneva, 10 June and 24 August 1993 |
78 |
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(22) |
Exchange of letters constituting an agreement between the United Nations and the Government of the Netherlands on the arrangements for the study tour of the Committee on Human Settlements, principal subsidiary body of the Economic Commission for Europe, to be held in the Netherlands from 24 to 30 September 1993. Geneva, 8 and 11 June, 6 and 30 August and 1 and 17 September 1993 |
81 |
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(23) |
Agreement between the United Nations and the Government of Eritrea relating to the Establishment in Eritrea of a United Nations Integrated Office. Signed at New York on 30 September 1993 |
86 |
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(24) |
Agreement between the United Nations and the Government of Indonesia regarding arrangements for the Second Asian and Pacific Ministerial Conference on Women in Development at the United Nations Economic and Social Commission for Asia and the Pacific. Signed at Bangkok on 7 October 1993 |
95 |
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(25) |
Exchange of letters constituting an agreement between the United Nations and the Government of Israel on the arrangements regarding the Seminar on Safety of Young and Novice Drivers, and the session of the Working Party on Road Traffic Safety, of the Economic Commission for Europe, to be held at Tel Aviv from 10 to 12 and 13 to 15 October 1993, respectively. Geneva, 8 and 11 October 1993 |
97 |
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(26) |
Cooperation Service Agreement between the United Nations and the Government of the Kingdom of Norway. Signed at Geneva on 15 October 1993 |
99 |
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(27) |
Agreement between the United Nations and the Government of the Republic of Rwanda on the Status of the United Nations Assistance Mission for Rwanda. Signed at New York on 5 November 1993 |
102 |
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(28) |
Exchange of letters constituting an agreement between the United Nations and the Government of Tunisia concerning the Second International Workshop on National Institutions for the Promotion and Protection of Human Rights, held at the invitation of the Government of Tunisia, at Tunis, from 13 to 17 December 1993. Geneva, 29 November and 7 December 1993 |
112 |
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(29) |
Agreement between the United Nations and the Government of South Africa concerning the Legal Status, Privileges and Immunities of the United Nations Observer Mission and its Personnel in South Africa. Signed at Pretoria on 14 December 1993 |
114 |
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3. |
Agreements relating to the United Nations Children's Fund |
126 |
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Standard Basic Cooperation Agreement |
126 |
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Agreements between the United Nations (United Nations
Children's Fund) and the Government of Sierra Leone, the Government of Albania, the Government of Bosnia and Herzegovina, and the Government of Guinea. Signed respectively at Freetown on 26 April 1993, at Tirana on 23 July 1993, at Sarajevo on 13 October 1993 and at Conakry on 10 December 1993 |
130 |
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4. |
Agreements relating to the United Nations High Commissioner for Refugees |
130 |
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(a) |
Cooperation Agreement between the United Nations (United Nations High Commissioner for Refugees) and the Government of the Republic of Venezuela relating to the establishment in Caracas of the Regional Office for Northern South America and the Caribbean. Signed at Caracas on 5 December 1990 |
130 |
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(b) |
Agreement between the United Nations (United Nations High Commissioner for Refugees) and the Government of Romania. Signed at Geneva on 12 August 1992 |
139 |
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(c) |
Memorandum of Understanding between the United Nations (United Nations High Commissioner for Refugees) and the Government of Saudi Arabia. Signed at Jeddah on 22 June 1993 |
147 |
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(d) |
Agreement between the United Nations (United Nations High Commissioner for Refugees) and the Government of Bulgaria. Signed at Geneva on 22 July 1993 |
148 |
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(e) |
Cooperation Agreement between the United Nations (United Nations High Commissioner for Refugees) and the Government of Pakistan. Signed at Islamabad on 18 September 1993 |
156 |
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5. |
Agreements relating to the United Nations Development Programme |
160 |
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(a) |
Standard Basic Assistance Agreement between the United Nations Development Programme and the recipient Government |
160 |
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Agreements between the United Nations (United
Nations Development Programme) and the Governments of Lithuania, Tajikistan, Turkmenistan, the Russian Federation, Slovakia and Côte d'Ivoire. Signed respectively at Vilnius on 12 July 1993, at New York on 1 October 1993, at New York on 5 October 1993, at New York on 17 November 1993, at New York on 18 November 1993 and at Abidjan on 3 December 1993 |
161 |
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(b) |
Agreement between the United Nations (United Nations Development Programme) and the European Bank for Reconstruction and Development to execute UNDP projects. Signed at London on 11 March 1993 |
163 |
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6. |
Agreements relating to the United Nations Environment Programme |
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Exchange of letters constituting an agreement between the
United Nations (United Nations Environment Programme) and the Government of Thailand concerning the arrangements for the Third Meeting of the Conference of the Parties to the Vienna Convention for the Protection of the Ozone Layer and the Fifth Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer, as well as their preparatory meetings, to be held at Bangkok from 15 to 24 November 1993. Nairobi and Bangkok, 10 September and 3 November 1993 |
163 |
| B. |
Treaty provisions concerning the legal status of intergovernmental organizations related to the United Nations |
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1. |
Convention on the Privileges and Immunities of the Specialized Agencies. Approved by the General Assembly of the United Nations on 21 November 1947 |
168 |
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2. |
Universal Postal Union |
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Agreement between the Universal Postal Union and the
Government of the Republic of Korea concerning the organization of the Twenty-first Universal Postal Congress. Signed at Seoul on 17 September 1992 |
169 |
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3. |
United Nations Industrial Development Organization |
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(a) |
Standard Basic Cooperation Agreement between the United Nations Industrial Development Organization and the Member State Receiving Assistance from UNIDO |
170 |
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(b) |
Agreement between the United Nations Industrial Development Organization and the Government of Tunisia concerning arrangements to be made for the First Consultation on the Construction Industry [to be held at Tunis from 6 to 10 December 1993]. Signed at Vienna on 10 December 1992 |
170 |
| Chapter III. General review of the legal activities of the United Nations and related intergovernmental organizations |
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| A. |
General review of the legal activities of the United Nations |
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1. |
Disarmament and related matters |
179 |
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2. |
Other political and security questions |
184 |
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3. |
Environmental, economic, social, humanitarian and cultural
questions |
188 |
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4. |
Law of the Sea |
225 |
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5. |
International Court of Justice |
226 |
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6. |
International Law Commission |
248 |
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7. |
United Nations Commission on International Trade Law |
250 |
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8. |
Legal questions dealt with by the Sixth Committee of the
General Assembly and by ad hoc legal bodies |
252 |
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9. |
United Nations Institute for Training and Research |
256 |
| B. |
General review of the legal activities of intergovernmental organizations related to the United Nations |
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1. |
International Labour Organization |
257 |
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2. |
United Nations Educational, Scientific and Cultural Organization |
258 |
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3. |
International Civil Aviation Organization |
260 |
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4. |
World Health Organization |
260 |
| |
5. |
World Bank |
262 |
| |
6. |
International Monetary Fund |
265 |
| |
7. |
International Maritime Organization |
270 |
| |
8. |
World Intellectual Property Organization |
273 |
| |
9. |
International Fund for Agricultural Development |
277 |
| |
10. |
United Nations Industrial Development Organization |
280 |
| |
11. |
International Atomic Energy Agency |
282 |
| Chapter IV. Treaties concerning international law concluded under
the auspices of the United Nations and related intergovernmental organizations |
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| A. |
Treaties concerning international law concluded under the auspices of the United Nations |
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International Convention on Maritime Liens and Mortgages |
294 |
| B. |
Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations |
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Agreement to Promote Compliance with International Conservation and Management by Fishing Vessels on the High Seas |
302 |
| Chapter V. Decisions of Administrative Tribunals of the United Nations and
related intergovernmental organizations |
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| A. |
Decisions of the United Nations Administrative Tribunal |
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| |
1. |
Judgement No. 587 (15 June 1993): Davidson v. the Secretary-General of the United Nations |
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Claim for compensation for the death of a staff member
submitted by his widow under appendix D to the Staff Rules—Tribunal's competence in the matter—Medical Board's competence does not extend to addressing legal questions—Question of whether the death of the staff member was attributable to the performance of official duties because of "special hazards" under article 2 (b) (ii) of appendix D—A staff member does not assume the risks when consenting to an assignment in an area of special hazards |
313 |
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2. |
Judgement No. 595 (28 June 1993): Sampaio v. the Secretary-General of the United Nations |
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Claim of a member of the United Nations Staff Mutual
Insurance Society Against Sickness and Accident for reimbursement of medical expenses at the rate of exchange on the date of expenditure instead of on the date of refund—Question of whether the existence of an internal recourse procedure established by the Society precludes the member from resorting to the appeals procedure under the United Nations Staff Regulations and Rules—The Society, which was established to protect the rights to health protection of its members, cannot take a decision or adopt a rule that has the effect of thwarting the fundamental purpose for which it was created |
315 |
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3. |
Judgement No. 610 (1 July 1993): Ortega, Hernandez, Canales and Garcia v. the Secretary-General of the United Nations |
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Non-renewal of fixed-term appointments—Issue of expectancy
of continued employment—Non-renewal of the Applicants' contracts instead of resorting to disciplinary procedures was detrimental to the Applicants because it precluded the possibility of any form of sanction other than separation—Question of bias in the implementation of the administrative action taken |
316 |
| |
4. |
Judgement No. 626 (12 November 1993): Selvadurai v. the Secretary-General of the United Nations |
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Non-renewal of fixed-term contract—Fixed-term appointments
carry no expectancy of renewal but under the circumstances of the case the staff member should have been considered for other posts |
317 |
| B. |
Decisions of the Administrative Tribunal of the International Labour Organization |
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1. |
Judgement No. 1204 (10 February 1993): Andersson, de Donato, Dubail and Guillet v. European Organization for Nuclear Research |
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"Out-of-career" promotions—Parameters of discretionary
authority in granting promotions—Requirement that binding rules must be published—Reason(s) for rejection of promotion must be based on facts |
318 |
| |
2. |
Judgement No. 1212 (10 February 1993): Schickel-Zuber v. European Organization for Nuclear Research |
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Dismissal while on probation—Limits to discretionary
decision in such matters—Requirement of prior hearing before dismissal |
319 |
| |
3. |
Judgement No. 1223 (10 February 1993): Kirstetter (No. 2) v. European Organisation for Safety of Air Navigation |
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Non-selection to post—Question of receivability—Article 30
of the Staff Regulations providing for the requirement of an independent promotion body—An Organization is bound by the wording of its vacancy notices as long as they remain valid—Duty to inform applicant of reason(s) for refusal of promotion under article 25 of the Staff Regulations |
320 |
| |
4. |
Judgement No. 1230 (10 February 1993): Filatkin v. International Atomic Energy Agency |
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Non-renewal of fixed-term appointment to the age of retirement
—Question of receivability—Discretionary decision to grant extension of appointment must be based on correct findings of fact |
321 |
| |
5. |
Judgement No. 1231 (10 February 1993): Richard v. International Criminal Police Organization |
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Dismissal because of abolition of post—Question of flawed
administrative process—Requirement for objective grounds for abolition of a post—Post cannot be abolished on personal grounds—Question of misuse of authority |
322 |
| |
6. |
Judgement No. 1232 (10 February 1993): Stulz v. United Nations Educational, Scientific and Cultural Organization |
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Revocation of a request for early retirement—Question of
receivability—Question of a request for early retirement made under duress |
324 |
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7. |
Judgement No. 1245 (10 February 1993): Mueller v. International Atomic Energy Agency |
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Restoration of participation in the Pension Fund—Question of
receivability—Duty of Agency to ensure that a staff member who qualifies be made a participant of the Pension Fund |
326 |
| |
8. |
Judgement No. 1249 (10 February 1993): Reznikov v. World Health Organization |
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Non-renewal of appointment—In exercising his discretion in
the non-renewal of appointment the Director-General must observe the general principles that govern the international civil service and safeguard the independence of the Organization and its officials—Question whether the complainant was on secondment—A staff member should not be made to suffer for the Organization's failure to follow its own rules |
327 |
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9. |
Judgement No. 1250 (10 February 1993): Peña-Montenegro v. Food and Agriculture Organization of the United Nations |
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Dismissal because of staff member's refusal to transfer—
Regulation 301.012 of the Staff Regulations—Question of a staff member's family circumstances upon consideration of transfer—Refusal to transfer amounted to misconduct—Principle of proportionality in disciplinary measure taken |
328 |
| |
10. |
Judgement No. 1278 (14 July 1993): Rogatko v. World Health Organization |
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Non-renewal of fixed-term contract—Question of a substantive
promise by an international organization and its enforcement (Judgement No. 782 (in re Gieser)) |
329 |
| C. |
Decisions of the World Bank Administrative Tribunal |
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Decision No. 131 (10 December 1993): John Láveme King III v. International Bank for Reconstruction and Development |
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Rescission of disciplinary measures—Rule 8.01 of the Staff
Rules—Basic principles of due process in disciplinary matters—Question of proof of misconduct |
330 |
| Chapter VI. Selected legal opinions of the secretariats of the United Nations and related intergovernmental organizations |
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| A. |
Legal opinions of the Secretariat of the United Nations (issued or prepared by the Office of Legal Affairs) |
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Claims, compensation, and liability issues |
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| |
1. |
Injuries sustained by a staff member in the crash of a helicopter which was not under contract with the United Nations— Character of the Board of Inquiry reports and the United Nations policy not to release them to private individuals or any other outside parties unless it is deemed warranted in an exceptional case— Circumstances of the case justifying release to the staff member in question of those parts of the Board of Inquiry reports which set forth a factual record of the helicopter crash—Claim for compensation under appendix D to the United Nations Staff Regulations and Rules (23 April 1993) |
334 |
| |
2. |
Request for advice on claim by a Member State to the United Nations for reimbursement of the costs of attending the United Nations Compensation Commission meetings—Secretary-General's bulletin ST/SGB/107/Rev.6 (24 April 1993) |
337 |
| |
3. |
Release forms to be used when non-United Nations personnel are transported on United Nations aircraft in the context of peacekeeping missions—Field Administration Handbook guidelines for use of United Nations aircraft by non-United Nations personnel—United Nations liability for transportation of non-United Nations personnel (27 May 1993) |
339 |
| |
4. |
Travel of journalists on aircraft used in United Nations peacekeeping operations—Policy of the United Nations with respect to the carriage of non-United Nations personnel on United Nations aircraft—Insurance policies carried by or available to the United Nations—Use of release forms (29 June 1993) |
341 |
| |
5. |
Liability of the Organization for claims concerning loss of or damage to personal property of the members of the peacekeeping contingents—Report of the Secretary-General entitled "Review of the background and development of reimbursement to Member States contributing troops to peacekeeping operations (A/44/605/Add.l) of 12 October 1989—Financial arrangements with states contributing troops for UNIFIL and UNFICYP—Reimbursability of extra and extraordinary costs as they are incurred by the States as a result of their soldiers' participation in UNIFIL and UNFICYP—Loss and damage to personal property fall within the category of extra and extraordinary costs (15 July 1993) |
346 |
| |
6. |
Applicability of the Warsaw Convention to United Nations air charter agreements—Question whether air charter companies engaged by the United Nations would be deprived of the liability limits provided for in the 1929 Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air if they fail to issue individual tickets to passengers—United Nations general conditions for air charter (24 September 1993) |
351 |
| |
7. |
Claim of an airline company for compensation from the United Nations for additional costs resulting from the necessity of rerouteing its passenger aircraft allegedly attributable to resolutions of the Security Council placing an "embargo" on a Member State—Security Council resolution 748 (1992) (19 November 1993) |
352 |
| |
8. |
Claim submitted by the Government of a Member State in respect of the death of a soldier, member of the peacekeeping force—Legislative framework governing payment of compensation for death/injury sustained by military contingent personnel during service (UNIPROFOR) (30 November 1993) |
354 |
| |
Copyright issues |
|
| |
9. |
Question of the commercial use of the logo of the symposium endorsed by the General Assembly in its resolution 47/183—Established United Nations policies and practices, based on General Assembly resolution 92 (I), do not allow granting to sponsors of any activities the right of use of the logo in return for financial contribution (23 June 1993) |
358 |
| |
10. |
Use of copyrighted commercial musical works as theme or transition music in Department of Public Information broadcast radio programmes—Legal principles set out in administrative instruction ST/AI/189/Add.9/Rev.2 apply to non-United Nations musical works protected by copyright
(9 September 1993) |
359 |
| |
Fees and taxes |
|
| |
11. |
Fees levied by a Member State to the United Nations for use of radioelectric frequencies by the United Nations Information Centre—Article III, sections 7(a) and 9 of the Convention on the Privileges and Immunities of the United Nations (11 January 1993) |
360 |
| |
12. |
United Nations practice concerning value-added tax—Article II, section 8 of the 1946 Convention on the Privileges and Immunities of the United Nations—Criteria to decide whether particular purchases are "important purchases" within the meaning of the above-mentioned provision—Study on privileges and immunities prepared by the Secretariat of the United Nations for the International Law Commission (22 January 1993) |
362 |
| |
13. |
Health and social insurance introduced by a Member State made mandatory to officials of the United Nations—Article II, section 7 (a), of the Convention on the Privileges and Immunities of the United Nations—Regulation No. 1 approved by the General Assembly in its resolution 604(VI)—Chapter VI entitled "social security" of the United Nations Staff Regulations and Rules (7 April 1993) |
363 |
| |
14. |
Income tax levied by the Government of a Member State on the owner of the vessel hired by the United Nations—Character of the tax in question (25 June 1993) |
364 |
| |
15. |
Question of payments of social security contributions by local United Nations Development Programme staff in a Member State—Exemption from such payments under relevant multilateral conventions and the Standard Basic Assistance Agreement (20 August 1993) |
365 |
| |
16. |
Tax on accommodation imposed on customers lodging in hotels and guest houses in a Member State—Applicability of this tax to United Nations Transitional Authority in Cambodia—Agreement between the United Nations and the Supreme National Council of Cambodia on the status of UNTAC (3 September 1993) |
366 |
| |
17. |
"En-route charges" in a Member State for flights conducted by the United Nations Protection Force—Character of these charges—Article II, section 7 (a), of the Convention on the Privileges and Immunities of the United Nations (12 October 1993) |
368 |
| |
18. |
Imposition by a Member State of the value-added tax—Value-added taxes in United Nations practice—Standard Basic Assistance Agreement of 1990—Applicability of the Convention on the Privileges and Immunities of the United Nations (23 November 1993) |
369 |
| |
Peacekeeping |
|
| |
19. |
The right of self-defence of United Nations peacekeeping
forces and the exercise of this right—Article 51 of the Charter of the United Nations (19 July 1993) |
371 |
| |
20. |
Financing of the United Nations Peacekeeping Force in
Cyprus—Question whether the United Nations is liable, in the light of the terms of Security Council resolution 186 (1964), for the outstanding amounts due to the troop contributors to the UNFICYP operation prior to 16 June 1993—Report of the Secretary-General on the financing of UNFICYP—Regulations for the United Nations Force in Cyprus (30 September 1993) |
372 |
| |
21. |
Draft report of the Secretary-General to the General Assembly on the use of civilian personnel in peacekeeping operations—Comments on the sections of the draft dealing with the use of United Nations Volunteers and the use of international contractual personnel (12 November 1993) |
376 |
| |
Personnel issues |
|
| |
22. |
Conditions of employment of locally recruited staff in a Member State—Internal regulations of February 1987 concerning recruitment, transfer and dismissal of local staff employed, inter alia, by the United Nations operation in the Member State—Contravention of the regulations concerning the Secretary-General's authority as chief administrative officer of the Organization under Article 101, paragraph 1, of the Charter of the United Nations—Obligation of Member States to respect the exclusively international character of the United Nations staff member pursuant to Article 100, paragraph 2, of the Charter (28 January 1993) |
379 |
| |
23. |
Surcharges to be imposed on United Nations Transitional Authority in Cambodia drivers negligently damaging UNTAC vehicles—Nature of the surcharges—Imposition of disciplinary measures must be consistent with procedures provided for in chapter X of the United Nations Staff Regulations and Rules (12 April 1993) |
381 |
| |
24. |
Labour courts of a Member State granted jurisdiction over employment-related matters involving locally recruited employees of international organizations—Contradiction of this jurisdiction with article II of the 1946 Convention on the Privileges and Immunities of the United Nations—A party to the Convention may not invoke the provisions of its internal law as justification for its failure to implement the Convention—Article 27 of the 1969 Vienna Convention on the Law of Treaties (16 April 1993) |
382 |
| |
25. |
Impermissibility of acceptance of a contribution from a State conditioned upon the recruitment of a national of the contributing State—Paragraph 5 of General Assembly resolution 47/168 does not permit a deviation from the settled interpretation of Article 101 of the Charter of the United Nations, staff regulation 4.2 or financial regulation 7.2—Meaning of the term "secondment" in the light of staff rule 104.12 (b) and a working document produced by the Office of Human Resources Management entitled "Terminology for movements of staff" (27 April 1993) |
384 |
| |
26. |
Use of volunteer personnel by the United Nations—Economic and Social Council resolution 849 (XXXII)—Agreements to be signed by the United Nations with donors providing volunteers personnel (30 April 1993) |
386 |
| |
27. |
Application of the Staff Rules of the United Nations and administrative issuances to the staff of the United Nations Joint Staff Pension Fund—Article 101, paragraph 1, of the Charter of the United Nations—Regulations of the United Nations Joint Staff Pension Fund—Status of the staff appointed by the Secretary-General to UNJSPF as clarified in Judgement No. 296 (Sun) of the United Nations Administrative Tribunal (23 June 1993) |
387 |
| |
28. |
Restructuring of the Secretariat requires that the internal law of the Organization be respected—Consideration by the United Nations Administrative Tribunal (9 July 1993) |
389 |
| |
29. |
Issue of the recruitment of fixed-term specialized staff for the Department of Humanitarian Affairs to posts financed by voluntary contributions from Governments or government agencies—Article 101 of the Charter of the United Nations and regulation 4.2 of the United Nations Staff Regulations and Rules—Interpretation of paragraph 5 of General Assembly resolution 47/168 (13 July 1993) |
390 |
| |
30. |
Change of nationality of a staff member—Rule 104.4 (c) of the Staff Regulations and Rules—Judgement No. 326
(Fischman) of the United Nations Administrative Tribunal (19 August 1993) |
391 |
| |
31. |
Rules governing the outside activities of United Nations staff members—Article 100, paragraph 1, of the Charter of the United Nations, regulation 1.4 of the United Nations Staff Regulations and the Standards of conduct in the international civil service (29 September 1993) |
392 |
| |
32. |
Denial of G-4 visa for a staff member's adopted children on the ground that the children do not qualify as the eligible dependants—Definition of "dependent children" under the Staff Regulations and Rules—Administrative instruction ST/AI/278/Rev.l (7 December 1993) |
394 |
| |
Privileges and immunities |
|
| |
33. |
Draft agreement on the status of the United Nations Operation in Mozambique—Proposal that internationally contracted personnel provided by civilian contractors in the context of United Nations peacekeeping operations be accorded privileges and immunities such as those accorded to United Nations officials—The 1946 Convention on the Privileges and Immunities of the United Nations, UNDP Standard Basic Assistance Agreement and UNICEF Basic Cooperation Agreement-Liability insurance (the hold harmless clause)—Report of the Secretary-General of 18 September 1990 to the Special Committee on Peacekeeping Operations on the use of civilian personnel in peacekeeping operations (3 February 1993) |
396 |
| |
34. |
Status of internationally contracted personnel provided by civilian contractors in the context of United Nations peacekeeping operations—Understanding of the term "Experts on missions"—Advisory opinion of the International Court of Justice of 15 December 1989 on the applicability of article VI, section 22, of the 1946 Convention on the Privileges and Immunities of the United Nations (11 February 1993) |
400 |
| |
35. |
Immunity for observers participating in identification/ registration of voters in the framework of the United Nations Mission for the Referendum in Western Sahara—Status of the Identification Commission established by the United Nations for the purpose of assisting MINURSO—Article VI and article VII, section 26, of the 1946 Convention on the Privileges and Immunities of the United Nations—Status of officials of the Organization of African Unity participating as observers in the Identification Commission ( 13 April 1993) |
401 |
| |
36. |
Question whether it is legally permissible for Member States to appoint either nationals of the host State or nationals of a third State, or both, as members of the diplomatic staff of their missions accredited to the United Nations—Article IV, section 15, of the 1946 Convention on the Privileges and Immunities of the United Nations and article 7 of the 1961 Vienna Convention on Diplomatic Relations—Guiding criteria in authorizing the issuance of United Nations grounds passes to members of the staff of permanent missions (13 April 1993) |
403 |
| |
37. |
Closure of the permanent mission of a Member State to the United Nations—None of the existing legal instruments regulate in detail the procedures to be followed in such a case—Application mutatis mutandis of the provision of the 1967 UNIDO Headquarters Agreement, which concerns the procedure to be followed if the host country requests departure from its territory of a representative of a Member State (21 April 1993) |
405 |
| |
38. |
Question of the recognition of the title of "ambassador" for the head of delegation of an intergovernmental organization to the United Nations—Practice of the United Nations in this respect—Relevant international agreements do not foresee the title "ambassador" for observers from intergovernmental organizations (19 May 1993) |
407 |
| |
39. |
Legal status of senior officials of the United Nations—Immunity of the United Nations and its officials from legal process—Article II, section 2, and article V, sections 18 (a) and 19, of the 1946 Convention on the Privileges and Immunities of the United Nations and article III, section 9 (a), of the 1947 Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations (6 August 1993) |
408 |
| |
40. |
Visa requirements imposed on United Nations Protection Force personnel by a Member State—Relevant provisions of the 1946 Convention on the Privileges and Immunities of the United Nations (15 October 1993) |
409 |
| |
41. |
Legal provisions governing the issuance of the United Nations laissez-passer and the categories of officials entitled to it—The 1946 Convention on the Privileges and Immunities of the United Nations and the 1947 Convention on the Privileges and Immunities of Specialized Agencies (19 October 1993) |
410 |
| |
42. |
Host State restrictions of air transportation services to a Member State, their applicability to the in-house United Nations travel agency and effect on official travel of United Nations officials—Relevant provisions of the 1946 Convention on Privileges and Immunities of the United Nations and the 1947 Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations (22 November 1993) |
411 |
| |
43. |
United Nations practice with respect to waiver of immunity concerning requests for staff members to testify before national judicial bodies—Article V, sections 18 (a), 19 and 20, of the 1946 Convention on the Privileges and Immunities of the United Nations—Circular memorandum of the Secretary-General of 8 August 1991 on the Organization's policy on testimony before parliamentary committees and congressional hearings (2 December 1993) |
413 |
| |
Procedural and institutional issues |
|
| |
44. |
Draft report on the rules of procedure of the Commission on Sustainable Development—Comments on the general approach of the draft report—General Assembly resolution 47/191—Representation of and consultation with non-governmental organizations—Arrangements for consultation with NGOs established by the Economic and Social Council in accordance with Article 71 of the Charter of the United Nations and by Council resolution 1296 (XLIV) of 1968—Proposed amendments to the rules of procedure of the functional commissions of the Council—Question of the participation of the European Economic Community in the Commission on Sustainable Development (26 January 1993) |
415 |
| |
45. |
Question of the designation of the Economic Commission for Europe as an executing agency for certain activities of the Conference on Security and Cooperation in Europe—Applicable General Assembly and Economic and Social Council resolutions indicate that ECE does not have the mandate to act in this capacity (25 February 1993) |
420 |
| |
46. |
Request from a State member of the Conference on Disarmament to establish a permanent mission to the Conference—Legal character of the Conference on Disarmament and its links with the United Nations—Status of representatives to the Conference (16 July 1993) |
421 |
| |
47. |
Claim of a private entity that it is entitled to issue documents called "passports" pursuant to article 13, section 2, of the Universal Declaration of Human Rights—Meaning and legal character of a travel document called "passport" issued by competent State authorities (20 August 1993) |
424 |
| |
48. |
Question whether the Advisory Committee on Administrative Budgetary Questions is barred from meeting outside its established headquarters. New York, since it was not listed as an exception in General Assembly resolution 40/243—Interpretation of the text of the resolution in the light of the provisions of the 1969 Vienna Convention on the Law of Treaties (17 September 1993) |
425 |
| |
49. |
Rules of procedure for the meetings of the parties to treaties—Question whether to delete from the rules of procedure for the meetings of the parties to the Montreal Protocol on Substances that Deplete the Ozone Layer the provision which requires that the credentials shall be issued either by the Head of State or Government or by the Minister for Foreign Affairs or, in the case of a regional integration organization, by the competent authority of that organization (28 September 1993) |
426 |
| |
50. |
Arrangements for the implementation of the provisions of article 11 of the United Nations Framework Convention on Climate Change concerning the financial mechanism—Legal capacity of the Conference of the Parties to the Convention and the Global Environment Facility to enter into an agreement or other arrangement with third parties and the legal nature of such agreement or arrangement (4 November 1993) |
427 |
| |
51. |
Request for information on the procedures applicable to the acquisition of membership in the United Nations—Article 4 of the Charter of the United Nations and the provisional rules of procedure of the Security Council and the rules of procedure of the General Assembly (9 November 1993) |
433 |
| |
52. |
Guidance on legal issues relating to non-governmental organizations associated with the Department of Public Information of the Secretariat of the United Nations—Criteria for the association of NGOs with the Department—Rights and responsibilities of NGOs associated with the Department—Questions regarding the issuance of certificates of association to newly admitted NGOs (8 December 1993) |
435 |
| |
Procurement |
|
| |
53. |
Application of the guidelines established by the Government of a Member State to contracts awarded by the United Nations Children's Fund—UNICEF financial regulations and rules—1946 Convention on the Privileges and Immunities of the United Nations (16 April 1993) |
437 |
| |
54. |
Management service agreements in regard to projects funded by the International Bank for Reconstruction and Development—The 1985 Bank Procurement Guidelines and cases where procurement is carried out by the United Nations and/or its Agencies—The United Nations restrictions imposed on South African suppliers and goods (20 August 1993) |
439 |
| |
55. |
Management service agreements in regard to projects funded by World Bank or International Development Association credits—Under the 1985 Bank Guidelines for Procurement under International Bank for Reconstruction and Development loans and IDA credits, United Nations agencies cannot carry out procurement under MSAs in accordance with their own financial regulations and rules and using their own bidding documents—Equation of the United Nations and its agencies with private firms (20 September 1993) |
441 |
| |
Security Council issues |
|
| |
56. |
Security Council Committee established by resolution 661 (1990) concerning the situation between Iraq and Kuwait-Question whether, and if so under what conditions, Iraq's frozen assets may be used as payment for the sale or supply to Iraq of medicine and other supplies for essential civilian needs which have been approved by the Committee, within the scope of the pertinent Security Council resolutions—Security Council resolution 687 (1991)—Mechanism established by Security Council resolutions 706 (1991) and 712 (1991)
(4 June 1993) |
444 |
| |
57. |
Implementation of paragraph S of Security Council resolution 837 (1993)—Question whether that paragraph provides a mandate to the United Nations Operation in Somalia to undertake the prosecution, trial and punishment of those responsible for the attacks against UNOSOM II personnel—Manner in which the prosecution, trial and punishment of those concerned could be carried out (10 June 1993) |
447 |
| B. |
Legal opinions of the secretariats of intergovernmental organizations related to the United Nations |
|
| |
|
United Nations Industrial Development Organization |
|
| |
|
(a) |
Resignation of the Director-General of the United Nations Industrial Development Organization—Notice and acceptance of resignation under the terms of the Director-General's contract of appointment and the staff regulations and rules—appointment and status of the Acting Director-General |
449 |
| |
|
(b) |
Question of eligibility of non-member States for technical assistance |
452 |
| |
|
(c) |
Procedure for the restoration of the right to vote of a Member State—Article 5.2 of the Constitution and rules 50 and 51.4 of the rules of procedure of the Industrial Development Board |
452 |
