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

Last update: January 24, 2018

1997

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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. United Kingdom of Great Britain and Northern Ireland  
    (a) Merchant Shipping and Maritime Security Act, 1997 3
    (b) United Nations Personnel Act 1997 5
  2. Uzbekistan  
    (a) Taxation Code adopted on 24 April 1997 10
    (b) Customs Code adopted on 26 December 1997 11
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 15
  2. Agreements relating to installations and meetings  
    (a) Exchange of letters between the United Nations and the Government of India, constituting an agreement concerning the United Nations/European Space Agency Workshop on Satellite Communications in cooperation with the Centre for Space Science and Technology Education for Asia and the Pacific, to be held in Ahmedabad, India, from 20 to 24 January 1997. Vienna, 16 and 17 January 1997 15
    (b) Agreement concerning the relationship between the United Nations and the International Seabed Authority. Signed at New York on 14 March 1997 19
    (c) Exchange of letters between the United Nations and the Government of Antigua and Barbuda, constituting an agreement concerning the International Decade for the Eradication of Colonialism, to be held in St. John's, Antigua and Barbuda, from 21 to 23 May 1997. New York, 4 and 17 April 1997 25
    (d) Agreement between the International Tribunal for the Former Yugoslavia and the Government of Finland on the enforcement of sentences of the International Tribunal. Signed at The Hague on 7 May 1997 29
    (e) Cooperation Agreement between the United Nations and the Caribbean Community. Signed at New York on 27 May 1997 33
    (f) Exchange of letters between the United Nations and the Government of Japan, constituting an agreement concerning arrangements regarding the United Nations Conference on Disarmament Issues entitled "New Agenda for Disarmament and International and Regional Security", to be held in Sapporo from 22 to 25 July 1997. Signed at New York on 8 July 1997 36
    (g) Cooperation Agreement between the United Nations and the International Criminal Police Organization. Signed at New York on 8 July 1997 38
    (h) Memorandum of Understanding between the United Nations and the Organization of American States for the International Civilian Mission in Haiti. Signed at New York on 17 July 1997 42
    (i) Agreement on cooperation and relationship between the United Nations and the International Tribunal for the Law of the Sea. Signed at New York on 18 December 1997 47
    (j) Memorandum of Understanding with exchange of letters between the United Nations and the Government of Italy regarding the use by the United Nations of premises on military installations in Italy for the support of peacekeeping, humanitarian and related operations. Signed at Rome on 23 November 1994 53
    (k) Special Agreement between the United Nations and the International Tribunal for the Law of the Sea extending the jurisdiction of the United Nations Administrative Tribunal to the International Tribunal for the Law of the Sea with respect to applications by staff members of the International Tribunal for the Law of the Sea alleging non-observance of the Regulations of the United Nations Joint Staff Pension Fund. Signed at Hamburg on 18 February 1998 68
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 70
  2. International Labour Organization  
    (a) Agreement between the International Labour Organization and the Government of the Federal Democratic Republic of Ethiopia concerning the office of the Organization in Addis Ababa. Signed at Addis Ababa on 8 September 1997 70
    (b) Agreement between the International Labour Organization and the Government of the Russian Federation concerning the office of the Organization in Moscow. Signed at Moscow on 5 September 1997 74
  3. Food and Agriculture Organization of the United Nations  
    (a) Memorandum of Understanding on cooperation between the Food and Agriculture Organization of the United Nations and the Economic Cooperation Organization. Signed at Tehran on 8 December 1997 80
    (b) Agreements between the Food and Agriculture Organization of the United Nations and the Governments of Australia, Bangladesh, Belize, Bolivia, Brazil, the Czech Republic, the Dominican Republic, India, Indonesia, Italy, Lesotho, the Libyan Arab Jamahiriya, Mali, Morocco, Nepal, the Philippines, Poland, Romania, Seychelles, Slovakia, Spain, the Syrian Arab Republic, Thailand, Tunisia, Turkey, Uganda, the United Arab Emirates, Uruguay and Viet Nam, based on the standard Memorandum of responsibilities in respect of FAO sessions, were concluded in 1997 82
    (c) Agreements between the Food and Agriculture Organization of the United Nations and the Governments of Chad, Malaysia, Namibia and the Philippines, based on the standard Memorandum of Responsibilities in respect of seminars, workshops, training courses or related study tours, were concluded in 1997 82
  4. United Nations Industrial Development Organization  
    (a) Relationship Agreement between the United Nations Industrial Development Organization and the Black Sea Economic Cooperation. Signed at Istanbul on 29 August 1997 and at Vienna on 8 September 1997 82
    (b) Relationship Agreement between the United Nations Industrial Development Organization and the Arab League Educational, Cultural and Scientific Organization. Signed at Tunis on 10 October 1997 and at Vienna on 17 October 1997 84
    (c) Letter of Agreement of cooperation and annex on coordination arrangements between the United Nations Industrial Development Organization and the United Nations Development Programme. Signed at New York on 26 October 1996 86

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 93
  2. Other political and security questions 98
  3. Environmental, economic, social, humanitarian and cultural questions 106
  4. Law of the sea 123
  5. International Court of Justice 125
  6. International Law Commission 144
  7. United Nations Commission on International Trade 145
  8. Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies 156
  9. United Nations Institute for Training and Research 169
B. General review of the legal activities of intergovernmental organizations related to the United Nations  
  1. International Labour Organization 170
  2. Food and Agriculture Organization of the United Nations 172
  3. United Nations Educational, Scientific and Cultural Organization 177
  4. World Bank 180
  5. International Monetary Fund 183
  6. International Civil Aviation Organization 189
  7. Universal Postal Union 190
  8. International Maritime Organization 190
  9. World Intellectual Property Organization 197
  10. International Fund for Agricultural Development 202
  11. World Trade Organization 206
  12. International Atomic Energy Agency 207
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 the Law of the Non-Navigational Uses of International Watercourses. Done at New York, 21 May 1997 220
  2. Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea. Done at New York, 23 May 1997 235
  3. Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction. Done at Oslo, 18 September 1997 246
  4. Kyoto Protocol to the United Nations Framework Convention on Climate Change. Done at Kyoto, Japan, 11 December 1997 258
  5. International Convention for the Suppression of Terrorist Bombings. Done at New York, 15 December 1997 277
B. Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations  
  1. Food and Agriculture Organization of the United Nations  
    International Plant Protection Convention. Approved by the FAO Conference at its 29th session, November 1997 286
  2. International Maritime Organization  
    Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, 1993, as modified by the Protocol of 1978 relating thereto. Done at London on 26 September 1997 300
  3. International Atomic Energy Agency  
    (a) Protocol to amend the Vienna Convention on Civil Liability for Nuclear Damage. Done at Vienna on 12 September 1997 313
    (b) Convention on Supplementary Compensation for Nuclear Damage. Done at Vienna on 12 September 1997 325
    (c) Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management. Done at Vienna on 29 September 1997 345
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. 814 (25 July 1997): Monteleone-Gilfillian v. the Secretary-General of the United Nations  
      Non-promotion to P-3—Absence of an updated performance evaluation report was a violation of due process—Duty of Respondent to act with reasonable promptness to the Panel on Discrimination reports—Question of discrimination—Importance of fair treatment of staff members 364
  2. Judgement No. 841 (1 August 1997): Guest and Slatford v. the Secretary-General of the United Nations  
      Termination due to abolition of posts—Question of a promise creating a legal obligation—Did the Organization use its best efforts to reassign staff members?—Question of the staff members' acting in reliance upon a promise—Issue of the Organization discharging its obligation 366
  3. Judgement No. 848 (25 November 1997): Khan v. the Secretary-General of the United Nations  
      Non-promotion to P-5—Issue of receivability—Question of a binding promise to promote the staff member— Staff members entitled to due consideration for promotion 368
  4. Judgement No. 850 (26 November 1997): Patel v. the Secretary-General of the United Nations  
      Separation from service due to misconduct—Scrupulous respect for requirements of due process in cases of charges of fraud against a staff member—Question of whether procedural errors affected the substance of the case—Standard of proof in misconduct cases—Discretionary authority of the Secretary-General in misconduct cases 370
  5. Judgement No. 851 (25 November 1997): Gurun v. the Secretary-General of the United Nations  
      Denial of right of a General Service staff member to apply for a Professional post—General Service to Professional examination goal of ending gender discrimination in the promotion process—Means of serving the Organization as a Professional staff member through internal and external examinations should be evenhandedly applied 371
  6. Judgement No. 852 (25 November 1997): Balogun v. the Secretary-General of the United Nations  
      Non-consideration for post—Interpretation of staff regulation 4.4—Question of "internal" candidates being restricted to those employed under the 100 Series of the United Nations Staff Rules 373
  7. Judgement No. 865 (26 November 1997): Eagleton v. the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East  
      Repayment by staff member to United Nations of tax refund due to a casualty loss deduction from the United States Internal Revenue Service—Tax Equalization Fund—Purpose of reimbursement of taxes by the United Nations—Purpose of refund by the United States Internal Revenue Service due to casualty loss of property 375
B. Decisions of the Administrative Tribunal of the International Labour Organization  
  1. Judgement No. 1581 (30 January 1997): Rombach-Le Guludec v. European Patent Office  
      Non-waiver of immunity by European Patent Office in connection with an allegation of assault by the president of the Office against another staff member—Competency of the Tribunal 377
  2. Judgement No. 1584 (30 January 1997): Souilah v. World Meteorological Organization  
      Dismissal for unsatisfactory conduct—Suspension of dismissal until judgement—Application for hearings of witnesses—Regulations 1.5 and 4.2—Standard of conduct for an international civil servant—Question of proportionality of disciplinary measure to offence 377
  3. Judgement No. 1586 (30 January 1997): Da Costa Campos v. European Southern Observatory  
      Dismissal based on less than serious conduct—Duty to warn staff member of shortcomings—Right of defence— Proper notice of termination—Question of damages regarding wrongful termination 380
  4. Judgement No. 1595 (30 January 1997): De Riemaeker (No. 3) v. European Organisation for the Safety of Air Navigation  
      Non-appointment to post—Limits of discretion in matching an applicant with qualifications indicated in a vacancy notice—Question of remedy 381
  5. Judgement No. 1601 (30 January 1997): Aelvoet (No. 5) and Others v. European Organisation for the Safety of Air Navigation  
      Claims for costs of appeal—Standard for filing of a complaint against a decision affecting a class of officials— Question of a cause of action—Basis for claim for costs upon reversal of disputed decisions 382
  6. Judgement No. 1603 (30 January 1997): Bensoussan, Bongiovanni and Freeman (No. 3) v. Food and Agriculture Organization of the United Nations  
      Request for payment of difference between previous flawed post adjustment and new corrected amount—Right of staff member to challenge lawfulness of a decision taken outside the organization—Question of pension contributions in calculation of post adjustment— Question of length of time in changing flawed system— Issue of budgeting for payment of damages 383
  7. Judgement No. 1634 (10 July 1997): Gawlitta v. European Molecular Biology Laboratory  
      Termination of appointment—Intention of the parties determines interpretation and the application of the contract—Terms of contract are not superior in rank over Staff Rules and Regulations 385
  8. Judgement No. 1647 (10 July 1997): Bombo N'Djimbi v. World Health Organization  
      Request for upgrading of post—Basic principles of post classification—Upgrading of post is a discretionary decision subject to limited review by Tribunal—Question of prejudice—Question of term of special duty allowance 388
  9. Judgement No. 1653 (10 July 1997): Efféian v. United Nations Educational, Scientific and Cultural Organization  
      Termination of special post allowance—Question of explanation of internal appeals—Question of time limits for submission of appeal—Dissenting opinion regarding exhaustion of international appeals and merits of the case 390
  10. Judgement No. 1668 (10 July 1997): Bardi Cevallos v. United Nations Educational, Scientific and Cultural Organization  
      Application for review of judgement—Judgements are res judicata— Standards for review of previous judgements 393
C. Decisions of the World Bank Administrative Tribunal  
  1. Decision No. 158 (11 April 1997): Thomas Daniel Smith v. International Bank for Reconstruction and Development  
      Termination because of misconduct due to failure to pay taxes and certify that taxes were up to date—Question of serious misconduct—Proportionality of penalty—Issue of remedy, including consequences of reinstatement 395
  2. Decision No. 164 (10 June 1997): Ralph Roman (No. 2) v. International Bank for Reconstruction and Development  
      Complaint against performance review report for 1993— Limited review of discretionary nature of staff member's performance evaluation—All relevant and significant facts should be taken into account when assessing staff member's performance 397
  3. Decision No. 165 (10 June 1997): William Brannigan v. International Bank for Reconstruction and Development  
      Abolition of post—Staff rule 7.01 (abolition in the interest of efficient administration)—Question of substantive differences between old position with any relevant new position—Issue of remedy in the light of loss of full pension and related benefits 400
  4. Decision No. 173 (18 November 1997): Christopher Naab v. International Bank for Reconstruction and Development  
      Complaint against limitation of the consultancy re-employment of staff members who have left the World Bank with a severance package—The Bank's right to change conditions of employment—No right of contractual employment after staff member's termination of appointment—Question of exemption from amended rule 4.01—Complying with due process 402
  5. Decision No. 174 (18 November 1997): Deborah Guya v. International Bank for Reconstruction and Development  
      Admissibility of application—Question of exceptional circumstances permitting admissibility—Issue of ignorance of the laws—No duty to advise staff member on the appeal process—Importance of observing time limits under Tribunal's statute 405
  6. Decision No. 181 (18 November 1997): Chandra Hoezoo v. International Bank for Reconstruction and Development  
      Termination based on redundancy—Staff rule 7.01 regulating redundancy—Allegation of sexual harassment— Question of undue influence on redundancy decision 407
  7. Decision No. 182 (18 November 1997): "A" v. International Bank for Reconstruction and Development  
      Denial of disability pension benefits—Review of decision by the Tribunal—Timeliness of application—Eligibility standards for disability pension: totally incapacitated and likely to be permanent 410
D. Decisions of the Administrative Tribunal of the International Monetary Fund  
  1. Judgement No. 1997-1 (22 August 1997): Ms. "C" v. International Monetary Fund  
      Non-conversion of fixed-term appointment into a regular appointment on the ground of unsatisfactory performance—Burden of proof—Question of reprisal for accusations of sexual harassment—Issue of transfer— Question of adequate warning of interpersonal difficulties—Opportunity to rebut complaints of criticism 412
  2. Judgement No. 1997-2 (23 December 1997): Ms. "B" v. International Monetary Fund  
      Complaint against non-promotion immediately upon assuming higher-level post but rather "underfilling" the post for a year before being promoted—Internal law of the Fund—Question of having the authority to change personnel policy—Issue of retroactivity—Question of limited circulation of notice of policy change—A vacancy announcement may refine the Job Standards 416
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)  
  Commercial issues  
  1. Use of the United Nations name and emblem 421
  Liability issues  
  2. Claims for compensation for injury, illness or death by military observers or civilian police observers in peacekeeping operations: determination whether the injury, illness or death sustained by observers is "attributable to the performance of official duties on behalf of the United Nations" 429
  Personnel  
  3. Acceptance of gifts by United Nations staff members— Staff regulation 1.6—Staff rule 101.9 434
  4. Conditions of service of locally recruited staff—Article 101 of the Charter of the United Nations—Articles II and V of the Convention on the Privileges and Immunities of the United Nations 435
  Privileges and immunities [see also: additional legal opinions]  
  5. Question whether a Member State has an obligation to grant the most favourable legal rate of exchange—Article II, sections 3 and 5, of the Convention of 15 February 1946 on the Privileges and Immunities of the United Nations 438
  6. Legal status of Goodwill Ambassadors for the United Nations 440
  7. Status of funds awarded and transferred by the United Nations Compensation Commission to Governments 441
  8. Immunity of representatives and observers of non-governmental organizations at United Nations meetings 443
  9. United Nations position on contributions for social security schemes under national legislation—Status of consultants engaged on special service agreements—Article II, section 7 (e), of the Convention on the Privileges and Immunities of the United Nations 444
  Procedural and institutional issues  
  10. Definition of the term "developing countries" as used by the United Nations—General Assembly resolution 47/187 of 22 December 1992 445
  11. Regulations regarding consultative relationships with non-governmental organizations—Economic and Social Council resolution 1996/31 of 25 July 1996 447
  12. Mechanisms of the exercise of the right of self-determination by the Non-Self-Goveming Territories 448
  13. Submission of proposals by intergovernmental organizations in functional commissions of the Economic and Social Council—Rules of procedure 69 (3), 71 (b) and 74 of the functional commissions of the Council—Council decision 1995/209 451
  14. Restructuring of the Secretariat—Authority of the Secretary-General 452
  15. Institutional aspects of the United Nations Conference on Trade and Development 459
  16. Participation by Yugoslavia in international conferences—General Assembly resolutions 47/1 and 47/229 463
  17. Practice of the United Nations in cases of challenged representation of a Member State—General Assembly resolution 396 (V) of 14 December 1950 465
  18. Question whether the Pan American Health Organization (PAHO) could be considered part of the United Nations system—Agreement of 24 May 1949 between WHO and PAHO—Agreement of 23 May 1950 between the Organization of American States and PAHO 468

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 Law of the Sea  
    The M/V "Saiga" (No. 1) Case (Saint Vincent and the Grenadines v. Guinea)  
      Jurisdiction of a State over the exclusive economic zone—Article 73, para. 2, of the United Nations Convention on the Law of the Sea—Right of hot pursuit in accordance with article 111 of the Convention 477
Chapter VIII. Decisions of national tribunals View PDF file
  Philippines  
    Philippine Supreme Court  
      The Philippine Constitution and Philippine participation in worldwide trade liberalization and economic globalization—Question of possible nullification of the concurrence of the Philippine Senate in the ratification by the president of the Philippines of the Agreement Establishing the World Trade Organization—Analysis of the scope, goals and policies of the World Trade Organization—Limitation of sovereignty by international law and treaties 493

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 530
  2. Particular questions 531
B. United Nations  
  1. General 533
  2. Particular organs 534
      General Assembly 534
      International Court of Justice 534
      Secretariat 538
      Security Council 538
      United Nations Forces 539
  3. Particular questions or activities 539
      Collective security 539
      Commercial arbitration 540
      Consular relations 540
      Definition of aggression 541
      Diplomatic relations 541
      Disarmament 541
      Domestic jurisdiction 542
      Environmental questions 542
      Financing 545
      Human rights 545
      International administrative law 548
      International criminal law 548
      International economic law 552
      International terrorism 553
      International trade law 554
      International waterways 555
      Intervention 555
      Law of the sea 556
      Law of treaties 558
      Law of war 559
      Maintenance of peace 560
      Membership and representation 560
      Namibia 560
      Narcotic drugs 561
      Natural resources 561
      Non-governmental organizations 562
      Outer space 563
      Peaceful settlement of disputes 563
      Political and security questions 564
      Progressive development and codification of international law (in general) 565
      Recognition of States 565
      Refugees 565
      Right of asylum 566
      Rule of law 566
      Self-defence 567
      Self-determination 567
      State responsibility 567
      State sovereignty 568
      State succession 569
      Trade and development 569
      Trusteeship 569
      Use of force 569
C. Intergovernmental organizations related to the United Nations  
    General Agreement on Tariffs and Trade 570
    International Atomic Energy Agency 570
    International Civil Aviation Organization 570
    International Labour Organization 570
    International Maritime Organization 571
    International Monetary Fund 571
    United Nations Educational, Scientific and Cultural Organization 571
    United Nations Industrial Development Organization 571
    World Bank 571
      International Centre for Settlement of Investment Disputes 572
    World Health Organization 572
    World Intellectual Property Organization 572
    World Trade Organization 572