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

Last update: January 24, 2018

2002

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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. Belgium  
      Law conveying acceptance of the Convention on the Privileges and Immunities of the Specialized Agencies, 1947 3
  2. Canada  
      An Act to amend the Foreign Missions and International Organizations Act 10
  3. Republic of Colombia  
      Four communications from the Office of Protocol under the Ministry of Foreign Affairs concerning diplomatic missions, international agencies or the United Nations system’s offices located in Colombia 18
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 25
  2. Agreements relating to installations and meetings  
    (a) Exchange of letters between the United Nations Office at Geneva and the Government of the United Kingdom constituting an agreement regarding arrangements for the Ninth Conference on Urban and Regional Research of the Economic Commission for Europe, to be held at Leeds from 9 to 12 June 2002. Signed at Geneva on 23 November 2001 and 9 January 2002 25
    (b) Agreement between the United Nations and the Government of Mexico regarding the arrangements for the International Conference on Financing for Development, to be held at Monterrey, Mexico, from 18 to 22 March 2002. Signed at New York on 25 January 2002 29
    (c) Agreement between the United Nations and the Government of Sierra Leone on the Establishment of a Special Court for Sierra Leone. Signed on 16 January 2002 38
    (d) Exchange of letters between the United Nations and the Government of Mexico constituting an agreement regarding arrangements for the International Colloquium on “Regional Government and Sustainable Development in Tourism-driven Economies”, to be held in Cancún, State of Quintana Roo, Mexico, from 20 to 22 February 2002. Signed at New York on 15 and 19 February 2002 53
    (e) Agreement between the United Nations and the Kingdom of Spain regarding the arrangements for the Second World Assembly on Ageing, to be held in Madrid, Spain, from 8 to 12 April 2002. Signed on 25 February 2002 58
    (f) Exchange of letters between the United Nations and the Government of the People’s Republic of China constituting an agreement regarding a conference on disarmament, entitled “A Disarmament Agenda for the 21st Century”, to be held in Beijing from 2 to 4 April 2002. Signed at New York on 11 and 22 March 2002 66
    (g) Exchange of letters between the United Nations and the Government of Mongolia constituting an agreement regarding a meeting entitled “Supportive Environment for Cooperatives—A Stakeholder Dialogue on Definitions, Prerequisites, and Process of Creation”, to be held in Ulaanbaatar, Mongolia, from 15 to 17 May 2002. Signed at New York on 1 and 11 April 2002 69
    (h) Exchange of letters between the United Nations and the Government of Sweden constituting an agreement regarding the hosting of the meeting of the members of the Committee on the Elimination of Discrimination against Women, to be held in Lund, Sweden, from 22 to 24 April 2002. Signed at New York on 9 and 18 April 2002 75
    (i) Agreement between the United Nations and the Government of the Federal Republic of Germany regarding the arrangements for the Eighth United Nations Conference on the Standardization of Geographical Names, to be held in Berlin from 26 August to 6 September 2002. Signed on 30 April 2002 79
    (j) Exchange of letters between the Government of Malta and the United Nations extending the Agreement of 9 October 1987 establishing the International Institute on Ageing in Malta. Signed at New York on 3 and 30 April 2002 87
    (k) Agreement between the United Nations and the Government of Indonesia regarding arrangements for the Fourth Session of the Preparatory Committee for the World Summit on Sustainable Development. Signed at New York on 14 May 2002 88
    (l) Exchange of letters between the United Nations and the Minister for Foreign Affairs of the Interim Administration of Afghanistan constituting an agreement regarding the establishment of a United Nations Assistance Mission in Afghanistan. Signed at New York on 9 April 2002 and at Kabul on 15 May 2002 97
    (m) Agreement between the United Nations and the Government of the Democratic Republic of East Timor concerning the status of the United Nations Mission of Support in East Timor. Done at Dili on 20 May 2002 102
    (n) Supplemental Arrangement between the United Nations Mission of Support in East Timor and the Government of the Democratic Republic of East Timor on the transfer of police responsibilities to the East Timor Police Service. Signed on 20 May 2002 116
    (o) Arrangements between the United Nations and the Government of the Federal Republic of Germany regarding the Ministerial Conference on Ageing of the Economic Commission for Europe, to be held in Berlin from 11 to 13 September 2002. Signed at Geneva on 8 and 17 July 2002 124
    (p) Agreement between the United Nations and the Government of South Africa regarding arrangements for the World Summit on Sustainable Development. Signed at New York on 9 August 2002 129
    (q) Exchange of letters between the United Nations and the Government of Italy constituting an Agreement regarding arrangements for the First Meeting of the Parties to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, to be held in Lucca from 21 to 23 October 2002. Signed at Geneva on 23 September and 15 October 2002 140
    (r) Exchange of letters between the United Nations and the Government of the United Arab Emirates constituting an Agreement regarding arrangements for the organization of the International Workshop on “Social Dimensions of Macroeconomic Policy in a Globalizing World”, to be held in Abu Dhabi from 16 to 18 December 2002. Signed at New York on 25 October and 13 November 2002 145
    (s) Exchange of letters between the United Nations and the Government of the Republic of Korea constituting an Agreement regarding arrangements to host the United Nations Conference on Disarmament and Non-proliferation Issues, to be held on Jeju Island from 3 to 5 December 2002. Signed at New York on 29 November and 2 December 2002 150
    (t) Agreement between the United Nations and the Government of the Kingdom of Sweden for Restoration, Preservation and Long-term Archival Storage of the Film Material on United Nations Secretary-General Dag Hammarskjöld. Signed at New York on 19 December 2002 152
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 158
  2. International Labour Organization  
    (a) Agreement between the Organisation internationale de la francophonie and the International Labour Organization. Signed at Geneva on 13 February 2001 158
    (b) Agreement between the United Nations and the International Labour Organization regarding the use and occupation of the premises at the International Training Centre of the International Labour Organization in Turin and the facilities and services thereof by the United Nations System Staff College. Signed on 30 January 2002 162
    (c) Agreement between the International Labour Organization and the Government of the Socialist Republic of Viet Nam on the establishment of an ILO office in Hanoi, Viet Nam. Signed on 4 February 2002 165
  3. World Health Organization  
    (a) Agreement between the Kingdom of Belgium and the World Health Organization concerning the establishment in Belgium of a liaison office of that Organization. Signed at Brussels on 6 January 1999 170
    (b) Framework Agreement on Cooperation between the World Health Organization and the Government of the Kingdom of Spain. Signed at Madrid on 12 September 2001 172
    (c) Basic Agreement between the World Health Organization and the Government of the Democratic Republic of East Timor for the establishment of technical advisory cooperation relations. Signed at Dili on 20 May 2002 175
  4. International Atomic Energy Agency  
      Protocol Additional to the Agreement between the International Atomic Energy Agency and the Government of the Republic of Yemen for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. Signed at Vienna on 21 September 2000 179

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 215
  2. Other political and security questions 227
  3. Environmental, economic, social, humanitarian and cultural questions 229
  4. Law of the sea 238
  5. International Court of Justice 240
  6. International Law Commission 256
  7. United Nations Commission on International Trade Law 258
  8. Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies 264
  9. United Nations Institute for Training and Research 267
B. General review of the legal activities of intergovernmental organizations related to the United Nations  
  1. International Labour Organization 268
  2. United Nations Educational, Scientific and Cultural Organization 269
  3. World Health Organization 271
  4. World Bank 273
  5. International Civil Aviation Organization 277
  6. Universal Postal Union 280
  7. International Maritime Organization 281
  8. World Intellectual Property Organization . 292
  9. United Nations Industrial Development Organization 298
  10. International Atomic Energy Agency 299
  11. World Trade Organization 303
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  
    Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Done at New York on 18 December 2002 375
B. Treaties concerning international law concluded under the auspices of Intergovernmental organizations related to the United Nations  
    United Nations Educational, Scientific and Cultural Organization 388
      Convention on the Protection of the Underwater Cultural Heritage. Done at Paris on 6 November 2001 388
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. 1043 (23 July 2002): Mink v. the Secretary-General of the United Nations  
      Allegation of sexual harassment not appropriately responded to by the Administration—Claxton (1992) and Belas-Gianou (1995) judgements — Importance of a thorough investigation — Promotion and agreed termination of accused should have been stayed during investigation — Dissemination of investigation report 409
  2. Judgement No. 1045 (23 July 2002): Obiny v. the Secretary-General of the United Nations  
      Non-renewal of fixed-term contract— No expectancy of renewal—Question of time to improve work performance— Importance of initiation of disciplinary proceedings for staff member to clear name—Importance of notification to staff member of misconduct— Investigation into unauthorized outside activities must be conducted properly—Involvement in staff association led to unfair treatment of staff member 411
  3. Judgement No. 1056 (26 July 2002): Katz v. the Secretary-General of the United Nations  
      Non-promotion to D-1 level—ST/AI/412 on the achievement of gender equality—Article 8 of the Charter of the United Nations and need for affirmative action— Confidentiality of Appointment and Promotion Board records 413
  4. Judgement No. 1063 (26 July 2002): Berghuys v. the United Nations Joint Staff Pension Board  
      Domestic partner as a surviving “spouse” for pension purposes— Meaning of “spouse” under United Nations Joint Staff Pension Fund Regulations and Rules— Interpretation according to “ordinary meaning” of terms—Effect of national laws of a participant in the Fund 415
  5. Judgement No. 1064 (26 July 2002): Paluku v. the Secretary-General of the United Nations  
      Abolition of post—Disguised disciplinary proceeding— Judgements Nos. 459 (Moore-Woodroffe) and 501 (Lavalle) on abolition of posts—Administrative action versus disciplinary proceeding—Issue of special post allowance 416
  6. Judgement No. 1070 (26 July 2002): Flanagan v. the Secretary-General of the United Nations  
      Request for adjustment to United States federal income tax reimbursement on grounds that lump-sum payment on retirement resulted in limitation on tax deductions— Principle of equality and ST/IC/1996/73 418
B. Decisions of the Administrative Tribunal of the International Labour Organization  
  1. Judgement No. 2120 (15 July 2002): Barraclough v. International Atomic Energy Agency  
      Non-selection for promotion—SEC/NOT/1325 on employment of spouses —Contradictory legislation— Staff rule 3.03.5 on spouses not serving in same line of authority—Discrimination based on marital status and family relationship—International Covenant on Civil and Political Rights 420
  2. Judgement No. 2125 (15 July 2002): Lemaire v. International Atomic Energy Agency  
      Non-extension of appointment beyond retirement age— Non-extension must be based on proper reasons— Rejuvenation of staff 422
  3. Judgement No. 2127 (15 July 2002): Ruggiu v. European Patent Organisation  
      Discontinuation of orphan’s pension payments—Question of whether a child was a dependant of widowed staff or whether the deceased was staff’s spouse—Purpose of orphan’s pension payments 423
  4. Judgement No. 2129 (15 July 2002): Adjayi and others v. World Health Organization  
      Discontinuation of orphan’s pension payments—Question of whether a child was a dependant of widowed staff or whether the deceased was staff’s spouse—Purpose of orphan’s pension payments 424
  5. Judgement No. 2139 (15 July 2002): Underhill v. International Atomic Energy Agency  
      Non-extension of appointment—Right of staff member to resort to all internal and jurisdictional remedies available should not prejudice staff member— Exercise of discretion required adherence to procedural safeguards 426
  6. Judgement No. 2151 (15 July 2002): Mikes, Mohn and Zhang v. Organisation for the Prohibition of Chemical Weapons  
      Non-classification of post from P-3 to P-4—Question of classification exercise based on proper job description— Issue of experience—Importance of specifying methodology in classification exercise—Issue of intervention into case 428
C. Decisions of the World Bank Administrative Tribunal  
  1. Decision No. 261 (24 May 2002): Syed Ghulam Mustafa Gilani v. International Bank for Reconstruction and Development  
      Complaint against redundancy—Duty to isolate real issues of case—Importance of exhaustion of all internal procedures—Importance of timely review of decision— Limited review of redundancy decision—Issue of outdated skills—Staff rule 7.01 on redundancy— Adequate notice to staff member of his redesigned post and possible redundancy—Waiver of deadline for submission of application for post 430
  2. Decision No. 272 (30 September 2002): C. v. International Bank for Reconstruction and Development  
      Transmission of documents to the United States Department of Justice —Staff rule 2.01 on the release of information outside the Bank Group —Specific notice versus awareness of referral of information—Documents not specifically covered by staff rule— Treatment of confidential documents in a criminal investigation— Issue of access of accused to privileged documents—King decision on rights of staff member accused of misconduct—Tribunal’s consideration of matter during ongoing external criminal investigation— Tribunal’s reservations regarding unnecessary secretive procedures—Staff rules 11.01 and 8.01 regarding claim of monies owed to staff member 434
D. Decisions of the Administrative Tribunal of the International Monetary Fund  
    Decision No. 2002-2 (5 March 2002): Ms. “Y” (No. 2) v. International Monetary Fund  
      Review of decision upholding conclusions of ad hoc discrimination review team regarding grading and subsequent abolition of post—Importance of timely review and exhaustion of administrative remedies—Question of de novo review of merits by the Tribunal—Question of Fund’s discretionary authority to fashion an alternative dispute resolution mechanism—de Merode decision on reviewing exercise of discretionary authority—Review of informal proceedings versus formal proceedings 438
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. Operations of the United Nations Postal Administration— United Nations Postal Agreements (12 December 2002) 445
  Copyright issues  
  2. Use of the United Nations logo and names of staff members on the Internet site located at http://Intersyndicale. org (14 February 2002) 448
  Financial issues  
  3. Question of whether clauses providing for the return to donors of all the interests accrued from their contributions are compatible with United Nations regulations, rules and policies (20 February 2002) 452
  4. Report to the General Assembly on multi-year payment plan—General Assembly resolution 56/243— Application of Article 19 of the Charter of the United Nations (6 March 2002) 454
  5. Financial responsibility of staff member (staff rules 112.3, 212.2 and 312.2 and financial rules 110.14 and 114.1) (14 August 2002) 458
  Personnel issues  
  6. Repatriation grant to a staff member who has resigned further to allegations of misconduct—Staff regulations 10.1 and 10.2—Disciplinary proceedings and the jurisprudence of the United Nations Administrative Tribunal (29 April 2002) 463
  7. Legal status of certain categories of United Nations personnel serving in peacekeeping operations—Civilian police and military observers—Military members of military components (3 May 2002) 466
  Procedural and institutional issues  
  8. Status of United Nations Relief and Works Agency for Palestine Refugees in the Near East area staff (7 May 2002) 470
  9. Gratis personnel—Voluntary contribution of services to the Department of Public Information by a private communications company (8 May 2002) 471
  10. Gratis personnel—Regime with respect to personnel of the United Nations Monitoring, Verification and Inspection Commission—Security Council resolution 1284 (1999) (11 November 2002) 474
  11. Regulations governing the status, basic rights and duties of officials other than Secretariat officials, and experts on mission (ST/SGB/2002/9)—Status of members of the Board of Auditors and their staff—United Nations Financial Regulations (22 November 2002) 477
B. Legal opinions of the secretariats of intergovernmental organizations related to the United Nations 480

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 “Volga” Case (Russian Federation v. Australia)  
    Article 292, “Prompt release of vessels and crews”, of the United Nations Convention on the Law of the Sea—Factors determining a reasonable bond for release of a vessel or its crew 483
Chapter VIII. Decisions of National Tribunals View PDF file
  The Netherlands  
    The Hague District Court  
      Plaintiff’s complaint that the International Tribunal for the prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991 has denied him unhindered and confidential communications with his lawyers representing him before the European Court of Human Rights 505

Part Four. Bibliography

Bibliography View PDF file
A. International organizations and international law in general
  1. General 514
  2. Particular questions 515
B. United Nations  
  1. General 519
  2. Particular organs 520
      General Assembly 520
      International Court of Justice 520
      Secretariat 527
      Security Council 527
      United Nations Forces 528
  3. Particular questions or activities 528
      Air and space law 528
      Collective security 529
      Commercial arbitration 529
      Consular relations 529
      Definition of aggression 530
      Diplomatic relations 531
      Disarmament 531
      Domestic jurisdiction 532
      Environmental questions 532
      Financing 534
      Human rights 534
      International administrative law 539
      International criminal law 539
      International terrorism 548
      International trade law 549
      International waterways 551
      Intervention 551
      Law of the sea 552
      Law of treaties 558
      Law of war 558
      Maintenance of peace 559
      Narcotic drugs 560
      Natural resources 561
      Non-governmental organizations 561
      Peaceful settlement of disputes 561
      Political and security questions 562
      Progressive development and codification of international law (in general) 562
      Refugees 563
      Rule of law 563
      Self-defence 563
      Self-determination 564
      State responsibility 564
      State sovereignty 566
      State succession 567
      Technical cooperation 567
      Trade and development 567
      Trusteeship 568
      Use of force 568
C. Intergovernmental organizations related to the United Nations  
    General Agreement on Tariffs and Trade 569
    International Atomic Energy Agency 569
    International Civil Aviation Organization 569
    International Labour Organization 569
    International Martitime Organization 569
    International Monetary Fund 569
    United Nations Educational, Scientific and Cultural Organization 570
    World Bank 570
      International Centre for Settlement of Investment Disputes 570
    World Health Organziation 570
    World Intellectual Property Organization 571
    World Trade Organization 571