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

Last update: January 24, 2018

2000

Complete PDF »

Search 2000 Yearbook »

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
  Spain  
    International Criminal Court. Presentation of grounds for authorizing ratification of the Statute by Spain 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 9
  2. Agreements relating to installations and meetings  
    (a) Cooperation Agreement between the United Nations and the Government of the Kingdom of Thailand concerning the International Institute for Trade and Development. Signed at Bangkok on 17 February 2000 9
    (b) Exchange of letters constituting an agreement between the United Nations and the Government of the Netherlands concerning arrangements regarding the Meeting of the Parties to the Convention on the Protection and Use of Transboundary Watercourses and International Lakes, to be held at The Hague from 23 to 25 March 2000. Signed at Geneva on 9 and 18 February 2000 14
    (c) Exchange of letters constituting an agreement between the United Nations and the Government of Sweden on the Tenth United Nations International Training Course on Remote Sensing Education for Educators, organized in cooperation with the Government of Sweden. Signed at Vienna on 23 February 2000 and 4 April 2000 16
    (d) Memorandum of agreement between the United Nations and the Government of Sweden for the contribution of personnel to the International Tribunal for the Former Yugoslavia. Signed at The Hague on 28 April 2000 23
    (e) Agreement between the United Nations and the Democratic Republic of the Congo on the status of the United Nations Organization Mission in the Democratic Republic of the Congo. Signed at Kinshasa on 4 May 2000 23
    (f) Agreement to regulate the relationship between the United Nations and the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization. Signed at New York on 26 May 2000 34
    (g) Protocol of technical cooperation between the United Nations (United Nations Transitional Administration in East Timor, founded in Brazil—United Nations Cooperation Agreement) and the Government of the Federative Republic of Brazil. Signed at Dili on 22 July 2000 40
    (h) Agreement between the United Nations and the Kingdom of Swaziland on the enforcement of sentences of the International Tribunal for Rwanda. Signed at Mbabane on 30 August 2000 42
  3. Agreements relating to the Office of the United Nations High Commissioner for Refugees  
      Cooperation Agreement between the United Nations (Office of the United Nations high Commissioner for Refugees) and the Government of the Czech Republic. Done at Prague on 8 February 2000 47
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 52
  2. International Labour Organization  
      Exchange of letters between the Director-General of the International Labour Office and the Minister for Foreign Affairs of Viet Nam concerning the conclusion of a provisional arrangement with a view to the establishment of an ILO office in Hanoi. Signed at Geneva on 15 August 2000 53
  3. United Nations Educational, Scientific and Cultural Organization  
      Agreements relating to conferences, seminars and other meetings 54
  4. United Nations Industrial Development Organization  
    (a) Agreement between the United Nations Industrial Development Organization and the Government of Colombia regarding the establishment of a UNIDO regional office in Colombia. Signed on 22 May 2000 54
    (b) Agreement between the United Nations Industrial Development Organization and the Government of the Lebanese Republic regarding the establishment of a UNIDO regional office in Beirut, for Arab countries. Signed on 3 June 2000 55

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 59
  2. Other political and security questions 65
  3. Environmental, economic, social, humanitarian and cultural questions 67
  4. Law of the sea 79
  5. International Court of Justice 81
  6. International Law Commission 119
  7. United Nations Commission on International Trade Law 126
  8. Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies 128
  9. United Nations Institute for Training and Research 134
B. General review of the legal activities of intergovernmental organizations related to the United Nations  
  1. International Labour Organization 135
  2. United Nations Educational, Scientific and Cultural Organization 138
  3. World Health Organization 140
  4. World Bank 142
  5. International Civil Aviation Organization 144
  6. Universal Postal Union 146
  7. World Meteorological Organization 147
  8. International Maritime Organization 151
  9. World Intellectual Property Organization . 162
  10. United Nations Industrial Development Organization 167
  11. International Atomic Energy Agency 168
  12. World Trade Organization 171
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. Cartagena Protocol on Biosafety to the Convention on Biological Diversity. Done at Montreal on 29 January 2000 203
  2. Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict. Done at New York on 25 May 2000 223
  3. Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography. Done at New York on 25 May 2000 228
  4. European Agreement Concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN). Done at Geneva on 26 May 2000 235
  5. United Nations Convention against Transnational Organized Crime. Done at New York on 15 November 2000 245
  6. Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. Done at New York on 15 November 2000 272
  7. Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime. Done at New York on 15 November 2000 280
Chapter V. Decisions of Administrative Tribunals of the United Nations and related intergovernmental organizations View PDF file
A. Decisions of the United Nations Administrative Tribunal  
  1. Judgement No. 951 (28 July 2000): Al-Khatib v. the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East  
      Termination of services in the interest of the Agency—“Interest of the Agency” should not be narrowly construed—Staff Regulations and Rules must be invoked regarding allegation of misconduct—Question of harm against the Agency’s good image—Question of loss of confidence in staff member 293
  2. Judgement No. 954 (28 July 2000): Saaf v. the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East  
      Complaint against transfer and separation from service because of redundancy—Discretion to transfer must not be abused— Question of disguised disciplinary sanction—Issue of abolition of post being fictitious—Issue of adequate efforts made to reassign staff member—Question of procedural irregularity giving rise to moral damages 294
  3. Judgement No. 960 (2 August 2000): Qasem v. the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East  
      Termination of services for misconduct—Question of Board of Inquiry being properly constituted—Termination in the interest of the Agency/Organization—Circumstantial evidence— Dissenting opinion regarding exceptional circumstances warranting additional compensation 297
  4. Judgement No. 974 (17 November 2000): Robbins v. the Secretary-General of the United Nations  
      Insufficient compensation award—No right to a promotion— Question of compensation 299
  5. Judgement No. 981 (21 November 2000): Masri v. the Secretary-General of the United Nations  
      Non-renewal of appointment for omitting information on the Personal history form—Staff rule 104.10 (a) on employment of relatives of staff members—Staff rule 104.12 (b) (ii) on no expectancy of fixed-term appointment—Nonrenewal cannot be based on improper motives—Delay in Respondent’s answer to appeal 300
  6. Judgement No. 983 (21 November 2000): Idriss v. the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East  
      Termination for misconduct—Disclosure of witnesses’ identi ties—Question whether the Joint Appeals Board had sufficient information to carry out a proper and independent assessment—Dissenting opinion regarding compensation 301
  7. Judgement No. 987 (22 November 2000): Edongo v. the Secretary-General of the United Nations  
      Summary dismissal for serious misconduct—Jurisprudence regarding disciplinary decisions—Burden of proof in disciplinary cases—Staff rule 110.2 (a) and (b) and ST/AI/371, article II.4, on suspension from duty 303
B. Decisions of the Administrative Tribunal of the International Labour Organization  
  1. Judgement No. 1897 (3 February 2000): In re Cervantes (No. 4), Kagermeier (No. 5) and Munnix (No. 2) v. European PatentOrganisation  
      Complaint against extending staff members beyond retirement age—Capacity of staff representatives to lodge an appeal— Question of equal treatment—Question of an amendment to the Staff Rules—Exceptions to the rules—Extension cannot be set aside a posteriori—Issue of imposing penalty on the Organisation 305
  2. Judgement No. 1929 (3 February 2000): In re Beaucent v. Universal Postal Union  
      Complaint against transfer—Tribunal’s review of discretionary decision to transfer staff member—Compulsory transfer of a disciplinary nature—Question of financial and moral damages 307
  3. Judgement No. 1961 (12 July 2000): In re Cody v. United Nations Industrial Development Organization  
      Abolition of post and termination of services—Assignment of duties of abolished post to other staff members—Efforts at redeployment—Question of a warning to staff member of abolition of post—Issue of a remedy for staff member terminated short of two years to early retirement 309
  4. Judgement No. 1968 (12 July 2000): In re Concannon v. European Patent Organisation  
      Complaint against promotion of another staff member—Delays in Respondent’s answer to appeal—Question of the other staff member being treated as an exceptional case—Limits to President’s discretion to make promotions 311
  5. Judgement No. 1969 (12 July 2000): In re Wacker v. European Patent Organisation  
      Request for change of place of home leave—Limits to discre tionary decision—Review of place of home leave is an exceptional measure 313
  6. Judgement No. 1983 (12 July 2000): In re Gomes Pedrosa v. United Nations Industrial Development Organization  
      Non-renewal of short-term appointment—Questions of receiv- ability—Reasons for non-renewal must be given within a reasonable time—Judgement No. 946, in re Fernandez-Caballero (reasons must be given in case staff member chooses to appeal) 314
  7. Judgement No. 1987 (12 July 2000): In re Dunseth and Mattmann v. Organisation for the Prohibition of Chemical Weapons  
      Refusal to reclassify posts—Director-General’s competency to reclassify posts—Difference between reclassification of post and promotion to new post grade 316
  8. Judgement No. 1994 (12 July 2000): In re Hebert v. European Patent Organisation  
      Complaint against raising the amount of financial support pro vided to a dependant to qualify for dependant allowance— Effect of a national court order for maintenance on a United Nations determination of its dependant allowance 318
C. Decisions of the World Bank Administrative Tribunal  
  1. Decision No. 217 (28 January 2000): William L. Visser v. International Bank for Reconstruction and Development  
      Non-renewal of short-term contract—Question of right to renewal of short-term consultant contract—Issue of giving reasons for non-renewal—Questions regarding written terms of reference—Entitlement to fair evaluation of work performance—Questions of unfair treatment 320
  2. Decision No. 225 (28 January 2000): Paul Zwaga v. International Bank for Reconstruction and Development  
      Non-confirmation and termination of fixed-term contract— Probationary period—Question of abuse of discretionary decision not to confirm appointment—Question whether due process was respected: warnings, opportunity to defend oneself, adequate guidance to an external candidate— Damages for injuries actually suffered 324
  3. Decision No. 227 (18 May 2000): Bahram Mahmoudi (No. 2) v. International Bank for Reconstruction and Development  
      Redundant post—Limited review of redundancy decision— Standard for declaring redundancy because of a redesigned post (para. 8.02 (c))—Issue of underemployment and abolition of post—Appropriate remedy for serious abuse of discretion—Issue of Applicant’s faulty presentation of his case 328
D. Decisions of the Administrative Tribunal of the International Monetary Fund 330
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)  
  Peacekeeping  
  1. Release of Board of Inquiry report to next of kin of deceased military personnel (28 November 2000) 333
  2. Question whether a State’s air force and navy assisting in the deployment of that State’s contingent in the United Nations mission area can be granted “experts on mission” status— Article 5.1 and article 7 of annex A to the Model Memorandum of Understanding—Security Council resolution 1320 (2000) (4 December 2000) 335
  Personnel  
  3. Request for dependency benefits—Eligibility of children for dependency status (staff rule 103.24 and ST/IC/1996/40) (26 January 2000) 336
  4. Question whether the Joint Appeals Board and the Joint Disciplinary Committee can review the files of the Office of Internal Oversight Services—Provision of confidentiality for staff members reporting to OIOS (27 January 2000) 338
  5. Employment of former United Nations procurement officers by United Nations suppliers and vice versa—Sanctions against former staff members and companies that hire offending staff members—Conflicts of interest (26 May 2000) 341
  Privileges and immunities  
  6. Illegal seizure of UNICEF property to satisfy court order— Immunity of the United Nations from civil suit—Arbitration— Article VIII, section 29(a), of the Convention on the Privileges and Immunities of the United Nations (2 February 2000) 346
  7. Status of research assistants with the United Nations Institute for Disarmament Research (3 April 2000) 348
  Procedural and institutional issues  
  8. Participation of observers in the Ad Hoc Committee to elaborate international conventions for the suppression of terrorist bombings and acts of nuclear terrorism—The right to attend or participate as observers in the sessions and work of the General Assembly (15 February 2000) 349
  9. Status of members of the Advisory Committee on Administrative and Budgetary Questions—Experts on mission travel certificates (24 February 2000) 350
  10. Proposal for participation of the Office of the United Nations High Commissioner for Refugees as founder of a trusteeship in Mexico (23 March 2000) 352
  11. Definition of “United Nations affiliated bodies” in relation to the statute of the Joint Inspection Unit—United Nations subsidiary organs and bodies—Question whether such bodies must abide by the provisions of the statute (5 April 2000) 354
  12. Authority of the Secretary-General in amending the UNITAR statute—Question whether full-time UNITAR senior fellows can be granted the status of United Nations officials (27 April 2000) 358
  13. Status, privileges and immunities under international law of the Permanent Observer Mission of Palestine to the United Nations (5 May 2000) 359
  14. Accreditation of non-governmental organizations by regional preparatory meetings—Economic and Social Council resolution 1996/31 (21 July 2000) 362
  15. Observer status in the General Assembly for the Inter-Parliamentary Union—Procedures for obtaining observer status with the United Nations for intergovernmental organizations— Question whether the Secretary-General may intervene in the process (2 October 2000) 363
  16. Meaning of “officials” of the Economic and Social Commission for Western Asia (7 December 2000) 364
  17. Applicability of local laws to United Nations premises—1947 United Nations Headquarters Agreement—Building codes (11 December 2000) 365
B. Legal opinions of the secretariats of intergovernmental organizations related to the United Nations 367

Part Three. Judicial decisions on questions relating to the United Nations and related intergovernmental organizations

Chapter VII. Decisions and Advisory Opinions of International Tribunals View PDF file
Chapter VIII. Decisions of National Tribunals View PDF file

Part Four. Bibliography

Bibliography View PDF file
A. International organizations and international law in general  
  1. General 379
  2. Particular questions 379
B. United Nations  
  1. General 384
  2. Particular organs 385
      International Court of Justice 385
      Secretariat 387
      Security Council 387
      United Nations Forces 388
  3. Particular questions or activities 389
      Air and space law 389
      Collective security 389
      Commercial arbitration 390
      Consular relations 390
      Definition of aggression 390
      Disarmament 390
      Environmental questions 391
      Financing 393
      Human rights 393
      International administrative law 396
      International criminal law 396
      International economic law 401
      International terrorism 401
      International trade law 402
      International waterways 402
      Intervention 403
      Law of the sea 404
      Law of treaties 406
      Law of war 407
      Maintenance of peace 409
      Membership and representation 410
      Namibia 410
      Natural resources 410
      Non-governmental organizations 411
      Peaceful settlement of disputes 411
      Political and security questions 411
      Progressive development and codification of international law (in general) 412
      Recognition of States 412
      Refugees 412
      Rule of law 413
      Self-defence 413
      Self-determination 413
      State responsibility 414
      State sovereignty 415
      State succession 415
      Trade and development 415
      Use of force 415
C. Intergovernmental organizations related to the United Nations  
    Food and Agriculture Organization of the United Nations 416
    General Agreement on Tariffs and Trade 416
    International Atomic Energy Agency 416
    International Civil Aviation Organization 417
    International Labour Organization 417
    International Monetary Fund 417
    United Nations Educational, Scientific and Cultural Organization 417
    World Bank 417
      International Centre for Settlement of Investment Disputes 418
    World Health Organization 418
    World Intellectual Property Organization 418
    World Trade Organization 418