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

Last update: June 3, 2016

1995

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

Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations View PDF file
  1. Australia  
      An Act to provide for the Commonwealth to help the International war crimes tribunals perform their functions, and for related purposes 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 5
  2. Agreements related to installations and meetings  
    (a) Agreement between the United Nations and the Government of Germany regarding the first Session of the Conference of the Parties to the United Nations Framework Convention on Climate Change. Signed at Geneva on 24 January 1995 5
    (b) Exchange of letters constituting an agreement between the United Nations and the Government of Mongolia regarding a Training Course on the Administration of Justice and the Independence of the Judiciary, to be held at Ulaanbaatar, from 20 to 24 February 1995. Signed at Geneva on 27 January and 10 February 1995 12
    (c) Agreement between the United Nations and the Government of Haiti regarding the status of the United Nations Mission in Haiti. Signed at Port-au-Prince on 15 March 1995 15
    (d) Exchange of letters constituting an agreement between the United Nations and the Government of the Philippines regarding the Third International Workshop of National Institutions for the Promotions and Protection of Human Rights, held at Manila from 18 to 21 April 1995, Geneva, 5 and 12 April 1995 26
    (e) Agreement between the United Nations and the Government of Japan relating to the Statistical Institute for Asia and the Pacific. Signed at Bangkok on 14 April 1995 29
    (f) Agreement between the United Nations and the Government of Angola on the status of the United Nations Peacekeeping operation in Angola. Signed at Luanda on 3 May 1995 31
    (g) Agreement between the United Nations and the Government of Croatia regarding the status of the United Nations forces and operations in Croatia. Signed at Zagreb on 15 May 1995 42
    (h) Exchange of letters constituting an agreement between the United Nations and the Government of Hungary concerning arrangements regarding the Study Tour of the Working Party on the Chemical Industry, subsidiary body of the Economic Commission for Europe, to be held in Hungary from 22 to 25 June 1995. Signed at Geneva on 17 March and 17 May 1995 55
    (i) Exchange of letters constituting an agreement between the United Nations and the Government of Denmark regarding the Workshop on a Permanent forum for Indigenous People, to be held at Copenhagen from 26 to 28 June 1995. Signed at Geneva on 19 May 1995 57
    (j) Exchange of letters constituting an agreement between the United Nations and the Government of Trinidad and Tobago concerning the Caribbean Regional Seminar to be organized by the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples at Port of Spain from 3 to 5 July 1995. Signed at New York on 26 and 29 June 1995 60
    (k) Exchange of letters constituting an agreement between the United Nations and the Government of Estonia concerning arrangements regarding the Study Tour of the Committee on Human Settlements, principal subsidiary body of the Economic Commission for Europe, held in Estonia from 24 to 27 September 1995. Signed at Geneva on 19 May 1995 and at New York on 6 July 1995 64
    (l) Memorandum of Understanding between the United Nations and the Government of the United Kingdom of Great Britain and Northern Ireland regarding the contribution of personnel to the International Criminal Tribunal for Rwanda. Signed at New York on 14 July 1995 66
    (m) Agreement between the United Nations and the Government of the United Republic of Tanzania concerning the headquarters of the International Criminal Tribunal for Rwanda. Signed at New York on 31 August 1995 69
    (n) Agreement between the United Nations and the Government of Germany concerning the headquarters of the United Nations volunteers Programme. Signed at New York on 10 November 1995 82
    (o) Exchange of letters constituting an agreement between the United Nations and the Government of Sri Lanka concerning the United Nations / European Space Agency Workshop on Basic Space Science, to be held at Colombo from 10 to 12 January 1996. Signed at Vienna on 11 and 14 December 1995 94
    (p) Agreement between the United Nations and the Government of Lebanon on the status of the United Nations Interim Force in Lebanon. Signed at Beirut on 15 December 1995 98
  3. Agreements relating to the United Nations Children’s Fund  
      Basic Cooperation Agreement between the United Nations (United Nations Children’s Fund) and the Government of the Gambia. Signed at Banjul on 27 February 1995 108
  4. Agreements relating to the United Nations Development Programme  
      Basic Agreement between the United Nations (United Nations Development Programme) and the Government of Honduras concerning assistance by the United Nations Development Programme to the Government of Honduras. Signed at Tegucigalpa on 17 January 1995 119
  5. Agreement relating to the United Nations Environment Programme  
    (a) Host Government Agreement between the United Nations (United Nations Environment Programme) and the Government of Iceland regarding the arrangements for the Meeting of Experts on the Protection of the Marine Environment from Land-based Activities, Reykjavik, 6-10 March 1995. Signed at Nairobi and at Reykjavik on 13 January 1995 123
    (b) Agreement between the United Nations (United Nations Environment Programme) and the Government of Indonesia regarding the second meeting of the Conference of the Parties to the Convention on Biological Diversity. Signed at Geneva on 17 July 1995 127
  6. Agreements relating to the United Nations High Commissioner for Refugees  
      Agreement between the United Nations (Office of the United Nations High Commissioner for Refugees) and the Government of China on the upgrading of the UNHCR mission in China to a UNHCR branch office in China. Signed at Geneva on 1 December 1995 132
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 139
  2. International Labour Organization  
    (a) Agreement between the Government of the Republic of South Africa and the International Labour Organization concerning the status of Organization, its officials and and its area office in South Africa. Signed at Geneva on 5 June 1995 139
    (b) Agreement between the Government of the Arab Republic of Egypt and the International Labour Organization to facilitate the expansion of the ILO office in Cairo so as to include a multidisciplinary team in pursuance of ILO’s active partnership policy. Signed at Geneva on 25 July 1995 142
    (c) Exchange of letters between the Minister for Foreign Affairs of the Russian Federation and the Director-General of the International Labour Office concerning the new status of the ILO office in Moscow. Concluded on 13 December 1995 144
  3. Food and Agriculture Organization of the United Nations  
    (a) Agreement between the Food and Agriculture Organization of the Republic of Zimbabwe, regarding the establishment of the FAO Sub-Regional Office for Southern and Eastern Africa. Signed on 17 August 1995 146
    (b) Sub-regional Office for Central and Eastern Europe 158
    (c) Agreement based on the standard Memorandum of Responsibilities in respect of FAO sessions 158
    (d) Agreements based on the standard Memorandum of Responsibilities in respect of seminars, workshops, training courses or related study tours 158
  4. World Health Organization  
      Basic Agreement between the World Health Organization and the Government of Latvia regarding the establishment of technical advisory cooperation relations. Signed at Riga on 27 July 1995 158
  5. United Nations Industrial Development Organization  
      Agreement between the United Nations and the United Nations Industrial Development Organization regarding a unified conference service at the Vienna International Centre. Signed at Vienna on 4 October 1995 162
  6. International Atomic Energy Agency  
    (a) Agreement between the International Atomic Energy Agency and the Government of Chile 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 5 April 1995 164
    (b) Agreement between the International Atomic Energy Agency and the Government of Myanmar on the application safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons (with protocol). Signed at Vienna on 20 April 1995 176
  7. Multiple intergovernmental organizations  
      Memorandum of Understanding concerning the establishment of the Inter-Organization Programme for the Sound Management of Chemicals. Concluded at Stockholm on 11, 17, 31 January and 13 March 1995 182

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 191
  2. Other political and security questions 194
  3. Environmental, economic, social, humanitarian and cultural questions 195
  4. Law of the Sea 203
  5. International Court of Justice 204
  6. International Law Commission 225
  7. United Nations Commission on International Trade 226
  8. Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies 227
  9. United Nations Institute for Training and Research 237
B. General review of the legal activities of intergovernmental organizations related to the United Nations  
  1. International Labour Organization 237
  2. Food and Agriculture Organization of the United Nations 239
  3. United Nations Educational, Scientific and Cultural Organization 242
  4. World Health Organization 245
  5. World Bank 246
  6. International Monetary Fund 251
  7. International Civil Aviation Organization 257
  8. Universal Postal Union 259
  9. International Telecommunication Union 260
  10. International Maritime Organization 262
  11. World Intellectual Property Organization 271
  12. International Fund for Agricultural Development 278
  13. World Trade Organization 280
  14. International Atomic Energy Agency 281
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. Final Document of the 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons. Done at New York on 11 May 1995 291
  2. United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks: Agreement for the Implementation of the Provisions of the United Nations Convention of the Law of the Sea of 10 December 1982, relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. Adopted at New York on 4 August 1995 303
  3. Croatia-local Serbian community: Basic Agreement on the Region of Eastern Slovenia, Baranjo and Western Sirmium, including Security Council resolutions 1023 (1995) and 1037 (1996) welcoming and implementing the Basic Agreement. Done at Croatia on 12 November 1995 335
  4. United Nations: United Nations Convention on Independent Guarantees and Stand-by Letters of Credit. Done at New York on 11 December 1995 341
B. Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations  
  1. FAO-ILO-OECD-UNEP-UNIDO-WHO: Memorandum of Understanding concerning Establishment of the Inter-Organization Programme for the Sound Management of Chemicals 351
  2. Agreement between World Intellectual Property Organization and World Trade Organization. Done at Geneva on 22 December 1995 356
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. 690 (21 July 1995): Chileshe v. the Secretary-General of the United Nations 360
  2. Judgement No. 692 (21 July 1995): White, Le Ster, Marouf, Ben Fadhel, Dodino and Atar v. the Secretary-General of the International Maritime Organization 361
  3. Judgement No. 696 (21 July 1995): De Brandt-Dioso v. the Secretary-General of the United Nations 362
  4. Judgement No. 707(28 July 1995): Belas-Gianou v. the Secretary-General of the United Nations 363
  5. Judgement No. 712 (28 July 1995): Alba et al. Fernandez-Amon et al v. the Secretary-General of the United Nations 366
  6. Judgement No. 713 (28 July 1995): Piquilloud v. the Secretary-General of the United Nations 367
  7. Judgement No. 715 (28 July 1995): Thiam v. the Secretary-General of the United Nations 369
  8. Judgement No. 718 (21 November 1995): Gavshin v. the Secretary-General of the United Nations 371
  9. Judgement No. 722 (21 November 1995): Knight et al v. the Secretary-General of the United Nations 372
  10. Judgement No. 742 (22 November 1995): Manson v. the Secretary-General of the United Nations 373
  11. Judgement No. 744 (22 November 1995): Eren, Robertson, Sellberg and Thompson v. the Secretary-General of the United Nations 376
B. Decisions of the Administrative Tribunal of the International Labour Organization  
  1. Judgement No. 1383 (1 February 1995): Rio Rumbaitis v. World Health Organization 378
  2. Judgement No. 1384 (1 February 1995): Wadie v. World Health Organization 380
  3. Judgement No. 1385 (1 February 1995): Burt v. International Labour Organization 381
  4. Judgement No. 1386 (1 February 1995): Breban v. European Patent Organization 383
  5. Judgement No. 1390 (1 February 1995): More v. European Organization for Safety of Air Navigation (Eurocontrol Agency) 384
  6. Judgement No. 1391 (1 February 1995): Van der Peet (No. 18) v. European Patent Organization 385
  7. Judgement No. 1403 (1 February 1995): Tejera Hernandez v. European Organization for the Safety of Air Navigation (Eurocontrol Agency) 387
  8. Judgement No. 1407 (1 February 1995): Diotallevi (No. 3) v. World Tourism Organization 388
  9. Judgement No. 1419 ( 1 February 1995): Meylan, Sjoberg, Urban and Warmels v. the European Southern Observatory 389
  10. Judgement No. 1432 ( 6 July 1995): Aboo-Baker v. World Health Organization 390
C. Decisions of the World Bank Administrative Tribunal  
  1. Decision No. 142 (19 May 1995): Winston Carew v. International Bank for Reconstruction and Development 392
  2. Decision No. 145 (9 November 1995): Dominique Sjamsubahri v. International Bank for Reconstruction and Development 394
  3. Decision No. 146 (9 November 1995): Valora Addy v. International Bank for Reconstruction and Development 396
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)  
  Privileges and Immunities [see also: additional legal opinions]  
  1. Licensing fees levied against the United Nations for the allocation of radio frequencies—Sections 7 and 34 of the convention on the Privileges and Immunities of the United Nations (9 January 1995) 399
  2. Entitlement to diplomatic privileges and immunities of a member of a permanent mission who does not have the nationality of the sending or receiving State— Articles 7 and 8 of the 1961 Vienna Convention on Diplomatic Relations (11 January 1995) 401
  3. Question of who can determine whether the acts of United Nations officials are performed in their official capacity—Section 20 of the Convention on the Privileges and Immunities of the United Nations (24 January 1995) 403
  4. Exemption of the United Nations Development Programmes from various taxes levied by a State—Agreement between UNDP and a Member State—Articles II and V of the Convention on the Privileges and Immunities of the United Nations (2 February 1995) 405
  5. Privileges and Immunities and facilities for contractors supplying goods and services in support of United Nations peacekeeping operations (23 June 1995) 407
  6. Question of whether United Nations laissez-passer can be issued to individuals engaged on special service agreements—Article VII of the Convention on the Privileges and Immunities of the United Nations (7 July 1995) 409
  7. Privileges and Immunities of United Nations experts on mission—Section 22 of the Convention on the Privileges and Immunities of the United Nations (3 November 1995) 409
  8. Authority of the United Nations Environment Programme to take direct legal action against private entities of States Members of the United Nations (17 November 1995) 411
  Procedural and institutional issues  
  9. Participation of the United Nations Development Programme as an implementing agency in the restructured Global Environment Facility—Issues of whether lending type activities are permitted under the GEF instrument—UNDP financial regulations and rules 8.12, 13.5, 13. 6 and 13.7. (14 February 1995) 413
  10. “Organizations affiliated with the United Nations”—Establishment of an international federation of trade points (17 February 1995) 417
  11. Question whether members of the Bureau of the Preparatory Commission for the Habitat II Conference were elected as representatives serving in their personal capacity or as States—Rule 103 of the rules of procedure of the General Assembly (21 February 1995) 418
  12. Circulation of official documents to intergovernmental organizations accorded permanent observer status—Rule 74 of the rules of procedure of the functional commissions of the Economic and Social Council (2 March 1995) 419
  13. Meaning of the words “agreed candidate”—Rule 68 of the rules of procedure of the Economic and Social Council—Paragraph 16 of annex VI to the rules of procedure of the General Assembly (12 May 1995) 420
  14. Sponsorship of resolutions by associate members of the Economic and Social Council Resolution 69 (V) of 5 August 1947 (30 May 1995) 421
  15. Relationship between United Nations agencies and advertising agencies for fund-raising activities and programmes—Use of United Nations name and emblem (26 June 1995) 424
  16. Accountability of the Administrator of the United Nations Development Programme vis-à-vis the activities of the United Nations Office of Project Services—Status and functions of the Office (6 September 1995) 427
  17. The Secretary-General’s authority to borrow funds (26 and 29 September 1995) 432
  18. Right to vote of a union or group of Member States—Rights of the European Community in the General Assembly (29 September 1995) 437
  19. Role of the Secretary-General vis-à-vis the United Nations Joint Staff Pension Board—Investment activities of the Joint Staff Pension Fund—Responsibility for investment of the assets of the Fund (3 October 1995) 439
  20. Terms of reference of the Office of Internal Oversight Services investigations: “Mismanagement, Misconduct, Waste of Resources and Abuse of Authority” (1 November 1995) 444
  21. Membership and functions of the Panel of External Auditors (5 December 1995) 448
  22. Juridical personality of the United Nations Framework Convention on Climate Change Secretariat (18 December 1995) 452
  Treaties  
  23. Amendments to the Convention on Certain Conventional Weapons and Additional Protocols—Articles 3 and 8 of the Convention (28 July 1995) 454
  24. Interpretation of article 8 of the Convention on Certain Conventional Weapons (13 October 1995) 457
  Claims, compensation, contracts and liability issues  
  25. Liability of the United Nations in respect of contingent-owned equipment—Guidelines for Governments contributing troops to United Nations peacekeeping operations—Model Agreement between the United Nations and Member States contributing personnel and equipment to United Nations peacekeeping operations (31 January 1995) 459
  26. Prohibition of advertising in United Nations purchase orders—Use of the United Nations name and emblem—United Nations General Conditions for General Contracts (17 April 1995) 462
  27. Responsibility for carrying out embargoes imposed by the Security Council—Issue of liability of the United Nations for costs of any action by Member States carried out in order to ensure compliance with resolutions of the Security Council (21 April 1995) 464
  28. Responsibility for the costs of repairing aircraft used in peacekeeping operations—Standard Aircraft Charter Agreement—Arrangements for troop rotations (9 May 1995) 465
  29. Death and disability benefits to members of military contingents participating in United Nations peacekeeping operations (12 December 1995) 468
  Copyright issues  
  30. Attribution of authorship at the United Nations—Paragraph 3 of administrative instruction ST/AI/189/Add.6/Rev.3 of 19 March 1990—Copyright on other intellectual property rights (13 April 1995) 471
  Financial issues  
  31. Labelling of goods bought with donor’s contribution with the latter’s flag and the words “donated by”—General Assembly resolution 48/209 (7April 1995) 475
  32. Donation of a copy of the Peace Bell to the United Nations—United Nations policy concerning donations—Financial regulations 7.2 to 7.4—Financial rules 107.5 to 107.7 (5 July 1995) 476
  Personnel issues  
  33. Participation of high-level United Nations officials in non-governmental structures—Staff rule 101.6—Meaning of the expression “normal course of official duty” (14 March 1995) 479
  34. Possibility of initiating recovery action against a staff member before national civil courts—Jurisdiction of the United Nations Administrative Tribunal (31 March 1995) 481
  35. Travel of staff representatives—Administrative instruction ST/ AI/ 293 of 15 July 1982—Status of representatives of the Federation of International Civil Servants’ Associations (1 May 1995) 484
  36. Questions whether dependency allowances are independent from the payment of similar welfare benefits by national Governments—Staff regulation 3.4 (c) (23 October 1995) 485
  Procurement  
  37. Use of brokers or similar agencies on aircraft charters (10 January 1995) 487
  Telecommunications  
  38. Use of the space segment capacity leased by the United Nations from INTELSAT—Article 39 of the 1982 International Telecommunication Convention (13 July 1995) 489
B. Legal opinions of the secretariats of intergovernmental organizations related to the United Nations  
  Food and Agriculture Organization of the United Nations  
  1. Question of European Community membership in a joint body established by FAO and WHO (1 February 1995) 491
  2. Question of a government screening an FAO national programme officer candidate (21 March 1995) 492
  3. Question of an associate member of FAO being represented at meetings by its metropolitan Power (24 March 1995) 493

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 Tribunal for the Former Yugoslavia—Prosecutor v. Tadic (Jurisdiction) 501
Chapter VIII. Decisions of national tribunals  
  United States of Americas  
  1. United States Federal Communications Commission  
      Order on Reconsideration regarding international telephone “call-back” service, June 1995 536
  2. United States Court of Appeals, Second Circuit  
      S. Kadic v. Radovan Karadzic, Decided 13 October 1995 537

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 560
  2. Particular questions 562
B. United Nations  
  1. General 564
  2. Particular organs 567
      General Assembly 567
      International Court of Justice 567
      Secretariat 569
      Security Council 569
      United Nations Forces 571
  3. Particular questions or activities 572
      Collective security 572
      Commercial arbitration 573
      Definition of aggression 574
      Diplomatic relations 574
      Disarmament 574
      Domestic jurisdiction 575
      Environmental questions 576
      Financing 579
      Human rights 579
      International administrative law 583
      International criminal law 583
      International economic law 588
      International terrorism 588
      International trade law 588
      International waterways 589
      Intervention 590
      Law of the sea 591
      Law of treaties 594
      Law of war 594
      Maintenance of peace 597
      Namibia 598
      Narcotic drugs 598
      Natural resources 598
      Non-governmental organizations 599
      Outer space 600
      Peaceful settlement of disputes 600
      Political and security questions 601
      Progressive development and codification of international law (in general) 602
      Refugees 602
      Right of asylum 603
      Rule of law 604
      Self-defence 604
      Self-determination 604
      State responsibility 605
      State sovereignty 605
      State succession 606
      Trade and development 606
      Use of force 607
C. Intergovernmental organizations related to the United Nations  
    Food and Agriculture Organization of the United Nations 608
    General Agreement on Tariffs and Trades 608
    International Atomic Energy Agency 608
    International Civil Aviation Organization 609
    International Labour Organization 609
    International Maritime Organization 609
    International Monetary Fund 610
    International Telecommunication Union 610
    United Nations Educational, Scientific and Cultural Organization 610
    World Bank 610
    International Centre for Settlement of Investment Disputes 611
    World Health Organization 611
    World Intellectual Property Organization 611
    World Trade Organization 612