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

Last update: January 24, 2018

2001

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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
  Austria  
    Federal Government Regulations on the exemption from advertising tax of international organizations having their headquarters in Austria 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. Status of the 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 relating to missions, offices and meetings  
    (a) Agreement between the United Nations and Ethiopia concerning the status of the United Nations Mission in Ethiopia and Eritrea. Signed at New York on 23 March 2001 5
    (b) Memorandum of Understanding between the United Nations and the Government of New Zealand contributing resources to the United Nations in East Timor. Signed at New York on 27 April 2001 17
    (c) Exchange of Letters constituting an agreement concerning arrangements between the United Nations and the Government of Estonia regarding the Joint ECE/Eurostat Work Session on Methodological Issues Involving the Integration of Statistics and Geography, to be held in Tallinn from 25 to 28 September 2001. Signed at Geneva on 21 May 2001 and 7 June 2001 22
    (d) Agreement between the United Nations and the Government of the Republic of South Africa on the arrangements for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. Signed at Geneva on 6 August 2001 24
    (e) Agreement between the United Nations and the Government of the Republic of Nicaragua regarding the Third Meeting of the States Parties to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction. Signed at New York on 23 August 2001 32
    (f) Memorandum of Understanding between the United Nations Transitional Administration in East Timor and the Government of the Federative Republic of Brazil, in the field of educational cooperation. Signed at Dili on 24 August 2001 39
    (g) Memorandum of Understanding between the United Nations and the European Bank for Reconstruction and Development regarding coordination of security arrangements. Signed at New York on 10 October 2001 41
  3. Agreements relating to the United Nations Children’s Fund  
      Basic Cooperation Agreement between the United Nations Children’s Fund and the Government of Liberia. Signed at Monrovia on 20 July 2001 44
  4. Agreements relating to the Office of the United Nations High Commissioner for Refugees  
      Memorandum of Understanding between the United Nations High Commissioner for Refugees and the Economic Community of West African States. Signed at New York on 19 November 2001 54
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 58
  2. United Nations Educational, Scientific and Cultural Organization  
      Agreements relating to conferences, seminars and other meetings—basic privileges and immunities provision 59
  3. Agreements relating to the World Health Organization  
      Agreement between the United Nations Industrial Development Organization and the Government of Cameroon on the organization of the fifteenth meeting of the Conference of African Ministers of Industry (CAMI—XV). Signed on 12 September 2001 59
  4. International Atomic Energy Agency  
      Protocol Additional to the Agreement between the People’s Republic of Bangladesh and the International Atomic Energy Agency for the Application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons. Signed at Vienna on 30 March 2001 61

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 75
  2. Other political and security questions 83
  3. Environmental, economic, social, humanitarian and cultural questions 85
  4. Law of the sea 92
  5. International Court of Justice 94
  6. International Law Commission 149
  7. United Nations Commission on International Trade Law 151
  8. Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies 157
  9. United Nations Institute for Training and Research 159
B. General review of the legal activities of intergovernmental organizations related to the United Nations  
  1. International Labour Organization 160
  2. United Nations Educational, Scientific and Cultural Organization 161
  3. World Health Organization 164
  4. World Bank 166
  5. International Civil Aviation Organization 168
  6. Universal Postal Union 170
  7. International Maritime Organization 174
  8. World Intellectual Property Organization . 179
  9. United Nations Industrial Development Organization 184
  10. International Atomic Energy Agency 186
  11. World Trade Organization 190
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. Stockholm Convention on Persistent Organic Pollutants. Done at Stockholm on 22 May 2001 216
  2. Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime. Done at New York on 31 May 2001 247
  3. Agreement on Succession Issues. Done at Vienna on 29 June 2001 256
  4. United Nations Convention on the Assignment of Receivables in International Trade. Done at New York on 12 December 2001 290
B. Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations  
    International Maritime Organization  
    (a) International Convention on Civil Liability for Bunker Oil Pollution Damage. Done at London on 23 March 2001 310
    (b) International Convention on the Control of harmful Anti-Fouling Systems on Ships. Done at London on 5 October 2001 320
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. 1004 (26 July 2001): Capote v. the Secretary-General of the United Nations  
      Summary dismissal for serious misconduct—Question whether a personal matter fell within the disciplinary purview of UNICEF—Staff regulation 1.4—Issue of prima facie evidence of wrongdoing—Delays in JDC proceedings 343
  2. Judgement No. 1009 (26 July 2001): Makil v. the Secretary-General of the United Nations  
      Non-consensual special leave with full pay six months retirement—Findings of fact by United Nations bodies—Basis for the altering of facts by the Tribunal—Staff regulation 5.2 and staff rule 105.2(a)(i) on special leave—Proof of an ulterior, improper motive—Urgency of situation preventing an investigation or hearing—Right to express opposing views—Right to counsel—Question of a precipitous expulsion from one’s office 344
  3. Judgement No. 1011 (27 July 2001): Iddi v. the Secretary-General of the United Nations  
      Summary dismissal for serious misconduct—Question of receivability—Determination of serious misconduct—Choice of penalty—Discretionary power versus arbitrary power/abuse of power—Exercise of quasi-jurisdictional power—Principle of equality of treatment of staff members 348
  4. Judgement No. 1014 (20 November 2001): Al Ansari, Zarra and Khalil, and Abdulhadi et al. v. the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East  
      Revision of judgement—Article 12 of the statute of the Tribunal—Disciplinary measures versus administrative measures—Revision criteria 350
  5. Judgement No. 1018 (20 November 2001): Al-Fahoum v. the Secretary-General of the United Nations  
      Non-renewal of fixed-term appointment—As a general rule no entitlement to renewal—An inaccurate performance report—Poor working relationship with Director—Necessity of objective performance evaluation—Sexual harassment charges 351
  6. Judgement No. 1020 (20 November 2001): Hazayyen v. United Nations Relief and Works Agency for Palestine Refugees in the Near East  
      Termination for misconduct—Establishment of misconduct—Staff member stealing from another staff member was of concern to the organization—Appropriateness of penalty 353
  7. Judgement No. 1031 (21 November 2001): Klein v. the Secretary-General of the United Nations  
      Non-selection to a higher-level post—Broad discretionary powers to promote qualified staff—Abuse of discretion—Staff regulation 4.2—ST/AI/412 (promoting gender balance)—Improper intervention in selection process 354
  8. Judgement No. 1032 (23 November 2001): Rahman v. the Secretary-General of the United Nations  
      Separation on grounds of misconduct—UNDP policy on sexual harassment—Question of uncorroborated testimony—Issue of prejudice or bias—Question of adequate notice 356
  9. Judgement No. 1040 (30 November 2001): Uspensky v. the Secretary-General of the United Nations  
      Non-conversion to a career appointment—Right of a staff member to be considered for a permanent post—Non-conversion based on financial position of the Organization—Discrimination based on source of funding for posts—Discrimination based on nationality—Practical remedy because of age 358
  10. Judgement No. 1041 (30 November 2001): Conde Estua v. the Secretary-General of the United Nations  
      Request to be declared sole surviving spouse of deceased staff member—Payments under staff rule 109.10 only permit one surviving spouse—Choice of law—Exceptional case regarding award of costs to the losing party 360
B. Decisions of the Administrative Tribunal of the International Labour Organization  
  1. Judgement No. 2046 (27 April 2001): In re Muller-Engelmann (No. 12) v. European Patent Organisation  
      Request for damages regarding unlawful determination of unauthorized absence from service—Stalemate in appointing third member of board 361
  2. Judgement No. 2052 (3 May 2001): In re Henrotte v. European Patent Organisation  
      Complaint against not being allowed to spend sick leave elsewhere than at her place of residence—Discretionary decision is subjected to a limited review—Procedural error was not prejudicial—Question of substantial grounds being indicated for decision—Question of humanitarian circumstances 363
  3. Judgement No. 2092 (12 November 2001): In re Spaans v. Organisation for the Prohibition of Chemical Weapons  
      Non-renewal due to abolishment of post—Issue of changing reason for taking a decision—Test for abolishment of a post—Obligation of executive head to give a reason for rejection of appeal body’s recommendation 364
  4. Judgement No. 2096 (2 November 2001): In re Bruce v. Organisation for the Prohibition of Chemical Weapons  
      Non-renewal of contract—Limited power of review of decision—Question of proper constitution of Contract Renewal Board—Obligation to complete performance reports—Question of remedy 365
  5. Judgement No. 2102 (6 November 2001): In re Jazayeri v. International Fund for Agricultural Development  
      Request to withdraw criminal complaint filed by organization— Competency of Tribunal to hear case—Question of receivability—Disciplinary safeguards do not apply to criminal proceedings—Question of protection of staff member’s dignity and good name 367
  6. Judgement No. 2103 (6 November 2001): In re Jazayeri (No. 2) v. International Fund for Agricultural Development  
      Complaint against the withholding of entitlements (including pension entitlements)—Competency of Tribunal to hear case—Question of receivability—Settlement of a staff member’s indebtedness to the organization—Question of the organization refusing to send forms to UNJSPF—Question of withholding repatriation allowance 369
  7. Judgement No. 2111 (6 November 2001): In re Cuvillier (No. 4) v. International Labour Organization  
      Complaint concerning the taxation of staff member’s pension by national authorities—Competency of Tribunal to review matter—Question of receivability 370
C. Decisions of the World Bank Administrative Tribunal  
  1. Decision No. 241 (26 April 2001): Lee v. International Bank for Reconstruction and Development  
      Termination because of redundancy—Staff rule 7.01, paragraph 8.02(c) versus paragraph 8.02(d)—Need to allow for more than literal interpretation of Staff Rules—Duty to promote harmonious relationships—Review of business and managerial discretionary decisions—Question of transparency in the process—Issue of age discrimination—Improper handling of administrative review—Duty to assist redundant staff member in finding alternative employment 372
  2. Decision No. 245 (23 July 2001): Nunberg v. International Bank for Reconstruction and Development  
      Complaint that 5 per cent increase in salary to negate gender discrimination was too low—Discretionary decisions—Proof of gender inequity—Question of 5 per cent increase being fair and reasonable—Difficulty of applying an individual regression analysis—Because of importance of issues, Tribunal awards costs 375
D. Decisions of the Administrative Tribunal of the International Monetary Fund  
    Judgement No. 2001-1 (30 March 2001): Estate of Mr. “D” v. International Monetary Fund  
      Admissibility of the application—Tribunal’s jurisdiction under article II of its statute—Exhaustion of remedies requirement of article V—Importance of timeliness—Exceptional circumstances for excusing lack of timeliness 377
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) [see also: additional legal opinions]  
  Liability issues  
  1. Payment of settlement claims—Liabilities of a private law nature—Procedures for settlement—Budget considerations, 23 February 2001 381
  Peacekeeping  
  2. Liability for damage caused by a troop—contributing country to equipment provided by another country to a United Nations peacekeeping operation—“No-fault incident” factor—Gross negligence or wilful misconduct—Memoranda of Understanding, 29 March 2001 386
  3. United Nations reimbursement of salaries paid to troops during sick leave attributable to United Nations service—Common law remedy of per quod servitium amisit—Reimbursement by United Nations based on two criteria, 24 July 2001 390
  Personnel  
  4. Release of UNRRA personnel files—Agreement between United Nations and United Nations Relief and Rehabilitation Administration regarding transfer of assets and activities to United Nations—Restrictions on certain documents does not preclude access of son of deceased staff member to official status file, 2 March 2001 391
  Procedural and institutional issues  
  5. Application for international patent protection for United Nations University’s Universal Network Language—Patent Cooperation Treaty application process—Status of United Nations University and its Rector, 29 March 2001 395
  6. Joint IPU/United Nations publication on Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol—Administrative instruction ST/AI/189 governs United Nations publications—Requirements to be met if published by IPU, by the United Nations, 19 June 2001 397
  7. Declaration on Cities and Other Human Settlements in the New Millennium with respect to mandate and status of Commission on Human Settlements and the mandate, role and function of Habitat—Options for reviewing and strengthening those bodies—Compatibility of standing committees and functional commissions establishing subsidiary bodies, 20 June 2001 399
  8. Status of World Tourism Organization in United Nations system—Deemed to be a “related organization” of the United Nations—Suggested formulation: WTO (Trade) and WTO (Tourism), 18 October 2001 401
  9. Constitution of a quorum of Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization—Rules of procedure of Preparatory Commission—“Members present and voting”, 31 October 2001 403
  10. Legal status of Global Ministerial Environmental Forum—Relationship between Forum and Governing Council of UNEP—Relationship between membership of Governing Council of UNEP and membership of (or modalities of participation in) Global Ministerial Environmental Forum, 20 November 2001 404
  11. Role of High Representative for Bosnia and Herzegovina—General Framework Agreement for Peace in Bosnia and Herzegovina—United Nations International Police Task Force—United Nations Mission in Bosnia and Herzegovina—Relationship between High Representative and United Nations, 27 November 2001 407
  12. Legal status of Cine and Video Club—Proposed donation of audio-visual equipment to Organization—United Nations financial regulations 7.2 to 7.4 and financial rules 107.5 to 107.7—Option of Organization purchasing new audio-visual equipment, 10 December 2001 410
  Procurement  
  13. United Nations practice concerning acceptance of voluntary contributions from its contractors—Actual and potential FAO contractors—United Nations financial regulations 7.2 to 7.4 and rules 107.5 to 107.7—Guidelines on cooperation between United Nations and business community, 17 May 2001 413
  14. Legal requirements for United Nations concert productions involving commercial and non-profit promoters or entities, 9 August 2001 416
B. Legal opinions of the secretariats of intergovernmental organizations related to the United Nations 417

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
  Arbitration Tribunal constituted by the Government of the French Republic and the United Nations Educational, Scientific and Cultural Organization to consider the question of the tax regime governing pensions paid to retired UNESCO officials residing in France 421
Chapter VIII. Decisions of National Tribunals View PDF file
  1. The Netherlands  
    The Hague District Court—Civil Law Division—President  
      Judgement in interlocutory injunction proceedings of 31 August 2001
Plea of Slobodan Milošević for release from detention by the International Criminal Tribunal for the Former Yugoslavia and returned to the territory of the Federal Republic of Yugoslavia
445
  2. United Kingdom of Great Britain and Northern Ireland  
    (a) High Court of Justiciary—30 March 2001  
      Opinion of High Court involving the International Court of Justice advisory opinion on the legality of the threat or use of nuclear weapons under international law 450
    (b) House of Lords  
      Shanning International Ltd v. Lloyds TSB Bank plc; Lloyds TSB Bank plc v. Rasheed Bank (28 June 2001)
An appeal from the Court of Appeal concerning United Nations Security Council resolution condemning Iraq’s invasion of Kuwait
491
    (c) Queen’s Bench Division (Administrative Court)  
      R (on the application of Othman) v. Secretary of State for Work and Pensions (28 November 2001)
Judicial review of decision of the Secretary of Statefor Work and Pensions, involving United Nations Security Council sanctions in relation to the situation in Afghanistan and the Taliban
507
  3. United States of America  
    (a) United States Court of Appeals for the District of Columbia Circuit  
      Franck Dujardin (Appellant) v. International Bank for Reconstruction and Development, et al. (Appellees) (September Term, 2000)
Immunization from defamation suit under International Organizations Immunities Act of 1945—Two sources of limitation to immunity
517
    (b) United States District Court for the District of Columbia  
      The World Bank, World Bank Publications, and Unknown Parties A, B, C, D, E, F and G (Defendants) (28 August 2001)
Complaint of copyright infringement—Unfair tradepractices and unfair competition claims
518

Part Four. Bibliography

Bibliography View PDF file
A. International organizations and international law in general  
  1. General 532
  2. Particular questions 534
B. United Nations  
  1. General 539
  2. Particular organs 540
      General Assembly 540
      International Court of Justice 540
      Secretariat 542
      Security Council 542
      United Nations Forces 543
  3. Particular questions or activities 543
      Air and space law 543
      Collective security 543
      Commercial arbitration 544
      Consular relations 544
      Disarmament 544
      Domestic jurisdiction 545
      Environmental questions 545
      Financing 546
      Human rights 546
      International criminal law 550
      International economic law 559
      International terrorism 559
      International trade law 559
      International waterways 560
      Intervention 560
      Law of the sea 562
      Law of treaties 566
      Law of war 566
      Maintenance of peace 567
      Membership and representation 569
      Narcotic drugs 570
      Natural resources 570
      Non-governmental organizations 570
      Peaceful settlement of disputes 571
      Progressive development and codification of international law (in general) 572
      Refugees 573
      Right of asylum 573
      Rule of law 573
      Self-defence 574
      Self-determination 574
      State responsibility 575
      State sovereignty 575
      State succession 576
      Trade and development 576
      Use of force 576
C. Intergovernmental organizations related to the United Nations  
    General Agreement on Tariffs and Trade 576
    International Civil Aviation Organization 576
    International Labour Organization 577
    International Monetary Fund 577
    United Nations Educational, Scientific and Cultural Organization 577
    World Bank 577
      International Centre for Settlement of Investment Disputes 578
    World Intellectual Property Organization 578
    World Trade Organization 578