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

Last update: January 24, 2018

2003

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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
  Estonia  
    Procedure for the Recognition of Travel Documents of Foreign States and International Organisations 3
Chapter II. Treaties concerning the legal status of the United Nations and related intergovernmental organizations View PDF file
A. Treaties 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) Arrangements between the United Nations and the Government of the Former Yugoslav Republic of Macedonia Regarding the Joint EEC/EUROSTAT Work Session on Population and Housing Census, to be held in Ohrid from 21 to 23 May 2003. Geneva, 29 January 2003 5
    (b) Memorandum of Agreement between the United Nations and the Government of France for the Provision of Personnel to the United Nations Assistance Mission in Afghanistan. New York, 4 March 2003 8
    (c) Agreement between the United Nations and the Government of Kazakhstan regarding the arrangements for the International Ministerial Conference of Landlocked and Transit Developing Countries and Donor Countries and International Financial and Development Institutions on Transit Transport Cooperation. New York, 27 June 2003 13
    (d) Exchange of letters constituting an agreement between the United Nations and the Government of Samoa regarding the arrangements for the Pacific Regional Preparatory Meeting, to be held in Apia from 4 to 8 August 2003. New York, 29 July 2003 and 22 August 2003 18
    (e) Agreement between the United Nations and the Government of the Kingdom of Thailand regarding the Fifth 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. New York, 4 September 2003 and Geneva, 8 September 2003 23
    (f) Agreement between the United Nations and the Government of the Republic of Côte d’Ivoire concerning the Status of the United Nations Mission in Côte d’Ivoire. Abidjan, 18 September 2003 29
    (g) Agreement between Liberia and the United Nations concerning the Status of the United Nations Mission in Liberia. Monrovia, 6th November 2003 33
    (h) Agreement between the United Nations and the Government of the United Mexican States regarding the Arrangements for the High-Level Political Conference for the Purpose of Signing the United Nations Convention Against Corruption. Vienna, 10 November 2003 45
    (i) Exchange of letters constituting an Agreement between the United Nations and the Government of Democratic Socialist Republic of Sri Lanka regarding the hosting of the Interregional Workshop on “Engaged Governance”. New York, 13 November 2003 and Colombo, 28 November 2003 53
    (j) Framework Agreement between the United Nations and the Kingdom of Sweden on the Arrangements regarding Privileges and Immunities and certain other matters concerning United Nations Meetings held in Sweden. New York, 19 November 2003 56
    (k) Agreement between the United Nations and the Government of the People’s Republic of China regarding the Arrangements for the Sixtieth Session of the Commission and the Eighth Session of the Special Body on Pacific Island Developing Countries of the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP). Beijing, 27 November 2003 62
  3. Agreements relating to the United Nations Children's Fund  
      Basic Cooperation Agreement between the United Nations Children’s Fund and the Government of St. Kitts and Nevis. Basseterre, 22 April 2003 68
  4. Agreements relating to the Office of the United Nations High Commissioner for Refugees  
      Agreement between the United Nations High Commissioner for Refugees and the Government of the Republic of Tajikistan on Cooperation. Dushanbe, 8 May 2003 77
B. Treaties concerning the legal status of intergovernmental organizations related to the United Nations  
  1. Status of the Convention on the Privileges and Immunities of the Specialized Agencies. Approved by the General Assembly of the United Nations on 21 November 1947 86
  2. Agreements relating to the United Nations Educational, Scientific and Cultural Organization  
      Agreement between the Kingdom of the Netherlands and the United Nations Educational, Scientific and Cultural Organization concerning the seat of the UNESCO-IHE Institute for Water Education. Paris, 18 March 2003 86
  3. Agreements relating to the World Health Organization  
    (a) Agreement between the World Health Organization and Serbia and Montenegro on the status of the Office of the World Health Organization in Serbia and Montenegro. 21 and 25 February 2003 93
    (b) Basic Agreement between the World Health Organization and the Government of Azerbaijan for the Establishment of Technical Advisory Cooperation Relations. Geneva, 22 August 2003 and 2 September 2003 99
  4. Agreements relating to the World Meteorological Organization  
      Agreement between the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization and the World Meteorological Organization. Geneva, 27 June 2003 and Vienna, 11 July 2003 102

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  
    (a) Nuclear disarmament and non-proliferation issues 109
    (b) The Biological and Chemical Conventions 112
    (c) Conventional weapons issues 113
    (d) Regional disarmament activities of the United Nations 115
    (e) Terrorism and disarmament 117
    (f) Outer space and disarmament 118
    (g) Human rights, human security and disarmament 118
  2. Other political and security questions  
    (a) Membership of the United Nations 119
    (b) Legal aspects of peaceful uses of outer space 119
    (c) United Nations peacekeepers 121
    (d) Peacekeeping operations and other United Nations missions 121
    (e) Action by Member States authorized by the United Nations Security Council 127
    (f) Security Council Committees 129
  3. Environmental, economic, social, cultural, human rights, humanitarian and other related questions  
    (a) Environmental questions 131
    (b) Economic questions 136
    (c) Social questions 136
    (d) Cultural questions 138
    (e) Human rights and humanitarian questions 141
    (f) International drug control 160
    (g) Crime prevention issues 161
    (h) Ad hoc international criminal tribunals 164
    (i) Safety of United Nations personnel 165
  4. Law of the Sea  
    (a) Status of international instruments 166
    (b) Report of the Secretary-General 166
    (c) Consideration by the General Assembly 168
  5. International Court of Justice  
    (a) Organization of the Court 169
    (b) Jurisdiction of the Court 170
    (c) Contentious cases before the Court 171
    (d) Request for advisory opinion 207
    (e) Pending cases as at 31 December 2003 208
    (f) Consideration by the General Assembly 208
  6. International Law Commission  
    (a) Fifty-fifth session of the Commission 209
    (b) Consideration by the General Assembly 211
  7. United Nations Commission on International Trade Law  
    (a) Thirty-sixth session of the Commission 211
    (b) Consideration by the General Assembly 212
    (c) UNCITRAL Model Legislative Provisions on Privately Financed Infrastructure Projects 213
  8. Legal questions dealt with by the Sixth Committee and ad hoc bodies of the General Assembly  
    (a) United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law 238
    (b) Convention on jurisdictional immunities of States and their property 239
    (c) Report of the Committee on Relations with the Host Country 240
    (d) International Criminal Court 240
    (e) Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization 241
    (f) Measures to eliminate international terrorism 243
    (g) Scope of legal protection under the Convention on the Safety of United Nations and Associated Personnel 244
    (h) Observer status in the General Assembly for: the International Institute for Democracy and Electoral Assistance, the Eurasian Economic Community, the GUUAM and the East African Community 246
    (i) Administration of justice at the United Nations 246
    (j) Progressive development of principles and norms of international law relating to the new international economic order 247
    (k) International convention against the reproductive cloning of human beings 247
  9. United Nations Institute for Training and Research 248
      Consideration by the General Assembly 249
B. General review of the legal activities of intergovernmental organizations related to the United Nations  
  1. United Nations Educational, Scientific and Cultural Organization  
    (a) Constitutional and procedural questions 249
    (b) International regulations 249
    (c) Examination of cases and questions concerning the exercise of human rights within UNESCO’s fields of competence 251
    (d) Copyright activities 251
  2. International Civil Aviation Organization  
    (a) Conventions and agreements 253
    (b) Other major legal developments 253
  3. World Health Organization  
    (a) Constitutional developments 254
    (b) Other normative developments and activities 255
  4. International Monetary Fund  
    (a) Membership issues 257
    (b) Representation issues 258
    (c) Crisis resolution 258
    (d) Surveillance 259
    (e) Fund facilities 260
    (f) Procedural changes to IMF financial operations 261
  5. Universal Postal Union  
      General review of the legal activities of the Universal Postal Union 261
  6. World Meteorological Organization  
      Cooperation with the United Nations and other organizations 262
  7. International Maritime Organization  
    (a) Membership 263
    (b) Review of legal activities 263
    (c) Amendments to treaties 269
  8. World Intellectual Property Organization  
    (a) Cooperation for development activities 271
    (b) Norm-setting activities 271
    (c) International registration activities 273
    (d) Intellectual property and global issues 274
    (e) New members and new accessions 275
  9. International Fund for Agricultural Development  
    (a) Membership 276
    (b) Cooperation agreements, memoranda of understanding and other agreements 276
    (c) Legal developments 276
  10. United Nations Industrial Development Organization  
    (a) Agreements, memoranda of understanding and joint communiqués with States 277
    (b) Agreements with intergovernmental organizations 279
    (c) Agreements with other entities 279
  11. International Atomic Energy Agency  
    (a) Privileges and immunities 280
    (b) Legal instruments 280
    (c) Legislative assistance activities 282
  12. World Trade Organization  
    (a) Membership 284
    (b) Waivers under article IX of the WTO Agreement 285
    (c) Resolution of trade conflicts under the WTO Dispute Settlement Understanding 287
    (d) Legal activities in the General Council 302
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. Agreement on International Railways in the Arab Mashreq. Done at Beirut, 14 April 2003 309
  2. Protocol on strategic environmental assessment to the Convention on Environmental Impact Assessment in a Transboundary Context. Done at Kiev, 21 May 2003 319
  3. Protocol on Pollutant Release and Transfer Registers. Done at Kiev, 21 May 2003 335
  4. Protocol on Civil Liability and Compensation for Damage Caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes and to the 1992 Convention on the Transboundary Effects of Industrial Accidents. Done at Kiev, 21 May 2003 363
  5. United Nations Convention against Corruption. Done at New York, 31 October 2003 379
  6. Protocol on Explosive Remnants of War to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (Protocol V). Done at Geneva, 28 November 2003 419
B. Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations  
  1. International Maritime Organization  
      Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992. Done at London, 16 May 2003 428
  2. United Nations Educational, Scientific and Cultural Organization  
      Convention for the Safeguarding of the Intangible Cultural Heritage 2003. Done at Paris, 17 October 2003 441
  3. World Health Organization  
      WHO Framework Convention on Tobacco Control. Done at Geneva, 21 May 2003 454
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. Judgment No. 1102 (21 July 2003): Hijaz v. Commissioner-General of the United Nations Relief Works Agency for Palestine Refugees in the Near East  
      Terms of employment—Resignation—Abandonment of post—Settlement negotiations 477
  2. Judgment No. 1103 (21 July 2003): Dilleyta v. Secretary-General of the United Nations  
      Discretion of the Secretary-General in disciplinary cases—Scrutiny of the Tribunal—Effect of a prima facie case—Burden of proof in claiming prejudice 480
  3. Judgment No. 1113 (24 July 2003): Janssen v. Secretary-General of the United Nations  
      Discretion of the Secretary-General in promotion matters—Nonpromotion—Procedural violations—Equal pay for equal work—Additional compensation for moral injury and delays 482
  4. Judgment No. 1122 (24 July 2003): Lopes Braga v. Secretary-General of the United Nations  
      Non-promotion—Rights of due process—Prejudice and discrimination 483
  5. Judgment No. 1123 (25 July 2003): Alok v. Secretary-General of the United Nations  
      Distinction between poor performance and misconduct—Discretion of the Secretary-General in disciplinary cases—Proportionality of sanctions—Due process 485
  6. Judgment No. 1131 (25 July 2003): Saavedra v. Secretary-General of the International Civil Aviation Organization  
      Discretion of the Secretary-General in post-descriptions/promotions—Competence of the Tribunal 487
  7. Judgment No. 1133 (25 July 2003): West v. Secretary-General of the United Nations  
      Role of Tribunal in medical cases—Sick leave credit for injury or illness incurred while in service—Due process 488
  8. Judgment No. 1135 (25 July 2003): Sirois v. Secretary-General of the United Nations  
      Non-renewal of fixed-term contract—Discretion of the Secretary-General in such matters may be vitiated—Scrutiny of the Tribunal—Due process—Time limits 490
  9. Judgment No. 1145 (17 November 2003): Tabari v. Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East  
      Jurisdiction of the Tribunal—Receivability—Role of the Joint Appeals Board and Tribunal 493
  10. Judgment No. 1151 (17 November 2003): Galindo v. Secretary-General of the United Nations  
      Discretion of the Secretary-General in disciplinary cases—Tribunal scrutiny of disciplinary matters— Proportionality of sanctions—Burden of proof in claiming prejudice—Due process 494
  11. Judgment No. 1156 (19 November 2003): Federchenko v. Secretary-General of the United Nations  
      Non-promotion—Discretion of the Secretary-General in promotion matters—Assessment of compensation for procedural violations 496
  12. Judgment No. 1157 (20 November 2003): Andronov v. Secretary-General of the United Nations  
      Definition of “administrative decision” and “implied administrative decision”—Time limits for filing of applications—Inappropriate interference by Administration in Applicant’s personal life 497
  13. Judgment No. 1163 (21 November 2003): Seaforth v. Secretary-General of the United Nations  
      Discretion of the Secretary-General in personnel matters—Non-renewal of fixed-term contract—Nature of 200 Series appointments— Burden of proof in claiming discrimination or countervailing circumstances 500
B. Decisions of the Administrative Tribunal of the International Labour Organization  
  1. Judgment No. 2183 (3 February 2003): In re Diaz-Nootenboom v. European Organization for Nuclear Research  
      Appointment—Contract of employment—De facto employment —Social insurance coverage of staff members by Organization 501
  2. Judgment No. 2185 (3 February 2003): In re Moreno de Gómez (No. 3) v. United Nations Educational, Scientific and Cultural Organization  
      Set-off by Organization against Tribunal judgments 502
  3. Judgment No. 2190 (3 February 2003): In re Zawide v. World Health Organization  
      Investigation of on-duty accidents—Compensation for on-duty accidents—Medical assessment of injured staff member—Waiver of immunity in respect of individual staff member—Reassignment location—Relationship of Organization to national authorities—Relationship of Tribunal to Organization—Intervention in proceedings—Privileges and Immunities 503
  4. Judgment No. 2193 (3 February 2003): In re Alvarez-Orgaz v. United Nations Educational, Scientific and Cultural Organization  
      Definition of “spouse”—Dependency benefits—Rights of homosexual couples—Human rights—Civil solidarity pacts 505
  5. Judgment No. 2211 (3 February 2003): In re Müller-Engelmann (Nos. 14 and 15) v. European Patent Organisation  
      Abuse of process—Award of costs against Complainant 507
C. Decisions of the World Bank Administrative Tribunal  
  1. Decision No. 304 (12 December 2003): D v. International Finance Corporation  
      Misconduct—Investigations—Due process—Proportionality of sanctions—Scope of review in disciplinary cases— Abuse of position—Engagement in unauthorized business activities—Conflict of interest—Pornography— Administrative leave—Hearsay 508
  2. Decision No. 306 (12 December 2003): Elder v. International Bank for Reconstruction and Development  
      Pensions and pension systems—Pension eligibility requirements—Non-Regular Staff—Détournement de pouvoir—Validity of general rules—Ex gratia payments and legal obligations on part of Bank 510
  3. Decision No. 300 (19 July 2003): Kwakwa v. International Finance Corporation  
      Misconduct—Abuse of position—Investigations—Due process—Scope of review in disciplinary cases— Proportionality of sanctions 511
  4. Decision No. 301 (19 July 2003): Lavelle v. International Bank for Reconstruction and Development  
      Pensions and pension systems—Pension eligibility requirements—Non-Regular Staff—General rules—Differentiation among Bank staff— Parallelism—Fairness and legitimate expectation—Contractual rights—Confidentiality of pleadings 513
D. Decisions of the Administrative Tribunal of the International Monetary Fund  
    Judgment No. 2003–2 (30 September 2003): J v. International Monetary Fund  
      Standard of review in disability cases—Fund procedures for determining whether staff member is disabled—Due process in proceedings concerning eligibility for disability pension—Relationship of Tribunal to Fund’s Staff Retirement Plan Administration Committee—Nature of Administration Committee decisions—Nature of Fund retirement pensions 514
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  
  Privileges and Immunities [see also: additional legal opinions]  
  1. Special Court for Sierra Leone—Legislative authority for the issuance of laissez-passer—Discretion of the Secretariat—Article VII of the Convention on the Privileges and immunities of the United Nations, 1946—Definition of “official” of the United Nations—General Assembly resolution 76(I) of 7 December 1946—Privileges and Immunities of members of the International Court of Justice—General Assembly resolution 90(I) of 11 December 1946—Independent judicial institution established by bilateral agreement 519
  2. United Nations Assistance Mission in Afghanistan (UNAMA)—Searches of United Nations vehicles —“Search” of or “interference” with property or an asset of the United Nations—Cooperation with the appropriate authorities—Article II, section 3, and article V, section 21, of the Convention on the Privileges and Immunities of the United Nations, 1946—Mutatis mutandis application of the Convention on the Privileges and Immunities of the Specialized Agencies, 1947—Effects of armed conflict on treaties 521
  3. Inclusion of dependents in United Nations laissez-passers (UNLP) for United Nations High Commissioner for Refugees (UNHCR) local staff members in case of medical evacuation—United Nations Family Certificate for identification purposes—Guide on the issuance of United Nations travel documents 524
  4. Status of the Military Armistice Commission in Korea vis-à-vis the United Nations—Privileges and immunities of its members—“Unified Command” and “United Nations Command”—Security Council resolution 84 (1950) of 7 July 1950—Armistice Agreement of 27 July 1950 525
  Procedural and Institutional Issues  
  5 (a) Breach of Article 19 of the Charter of the United Nations—Arrears in payment of a Member State’s financial contributions to the Organization and the right to vote in the General Assembly—Invalid ballots 526
  5 (b) Breach of Article 19 of the Charter of the United Nations—Error by the Secretariat—Retroactive validation of the election process by applying the last sentence of Article 19 of the Charter of the United Nations— Retroactive suspension of rule 160 of the rules of procedure of the General Assembly—Prerogative of the General Assembly to make final decision 527
  6. Regional group system within the United Nations— Conditions for admission to a regional group— Consensus—General Assembly resolution 1192 (XII) of 12 December 1957 528
  7. Request by a territory for membership in the World Tourism Organization (WTO)—Sovereignty—Associate membership—Article 6 of the Statutes of the WTO—Required approval and declaration of the member State assuming responsibility for the entity’s external relations—Approval by the WTO General Assembly 530
  8. Question of representation of a Member State in United Nations organs—Accreditation—Acceptance of credentials and recognition of sovereign government—Rule 39 of the provisional rules of procedure of the Security Council—Rules 27 and 29 of the rules of procedure of the General Assembly—Security Council resolution 1483 (2003) of 22 May 2003—General Assembly resolution 396 (V) of 14 December 1950— Designation of a Permanent Representative to the United Nations in contrast to a Chargé d’Affaires 531
  9. Application of rule 129 of the rules of procedure of the General Assembly—Voting procedures—Separate votes on parts of resolution—Adoption of resolution by consensus or without a vote—Implied legal question 533
  Other Issues Relating to United Nations Peace Operations  
  10. United Nations Organization Mission in the Democratic Republic of the Congo (MONUC)—Cross border operations in the internal waters of another Member State—Delimitation and demarcation of lake boundaries—Territorial limitations of MONUC’s mandate—Consent by the Member State concerned — Authorization by the Security Council to use force within the Member State concerned—Use of force to ensure security and freedom of movement of personnel and to protect civilians under imminent threat of physical violence—Security Council resolutions 1291 (2000) of 24 February 2000 and 1445 (2002) of 4 December 2002—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. Kinshasa, 4 May 2000(Status of Forces Agreement) 534
  11. United Nations Mission in Ethiopia and Eritrea (UNMEE)—Liability for acts of staff members— Responsibility of staff members to comply with local laws and to honour their private legal obligations (ST/AI/2000/12)—Privileges and immunities of staff members for the performance of official functions—Detention of staff members for criminal offences—Jurisdiction in criminal proceedings over members of United Nations peacekeeping operations—Exclusive jurisdiction of the respective participating States—Articles 42 and 47 of the model Status of Forces Agreement (A/45/594) 536
  12. United Nations Mission in Liberia (UNMIL)—Authorization by the Security Council to use armed force in situations other than self-defence—Interpretation of Security Council resolution 1509 (2003) of 19 September 2003—Ordinary and natural meaning given to terms when they are read in the context of a resolution as a whole and in light of its object and purpose—History and circumstances of the adoption of a resolution 538
  Other Issues Relating to Special Courts and Tribunals  
  13. Special Court for Sierra Leone—Consent for disclosure of confidential documents—Mutatis mutandis application of rule 70 (B) of the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda (ICTR)— Article 14 of the Statute of the Special Court for Sierra Leone 540
  14. Special Court for Sierra Leone—Cooperation of third States—Powers to enforce compliance by States under Chapter VII of the Charter of the United Nations—Powers of the ad hoc tribunals for the former Yugoslavia and for Rwanda—Bilateral agreements 541
  Sanctions  
  15. Paragraph 17 of Security Council resolution 1478 (2003) of 6 May 2003 (measures imposed against Liberia)—Obligation of all States to prevent the import into their territory of certain items originating from Liberia—Date of effect of said obligation—Definition of “import”— Interpretation of a term in its ordinary and natural meaning when read in its context and in light of the object and purpose of the resolution concerned—National legislation 542
  Treaty Law  
  16. Functions of the Secretary-General as depositary as distinct from his administrative responsibilities as chief administrative officer of the Organization— ST/SGB/1998/3 (Organization of the Secretariat of the Economic Commission for Europe)—Requests to the Secretary-General, as depositary, by a treaty-based body 545
  17(a) International Cocoa Agreement, 2001—Commodity Agreements—Treaty-making power of intergovernmental organizations—Shared and exclusive competence of the European Community and its member States—“Mixed agreements”—The European Commission becoming a party to an agreement on behalf of its member States—Distribution of voting rights 546
  17(b) International Cocoa Agreement, 2001—Internal decision of the Council of the European Union and the role of the depositary—Intention to be bound by a treaty on the international plane—Treaty-making power of intergovernmental organizations—The European Commission becoming a party to an agreement on behalf of its member States 550
  17(c) International Cocoa Agreement, 2001—Treaty-making power of intergovernmental organizations—The European Commission becoming a party to an agreement on behalf of its member States—Right to represent another State—Distribution of voting rights—Provisions of the treaty concerned—Impartiality of the depositary—Full powers 551
  Miscellaneous  
  18. The Secretary-General’s participation in events commemorating the Korean War—Establishment of the United Nations Command/Unified Command—Legal arrangements between the United Nations and the United Nations Command—Enforcement operation authorized by the Security Council under national command and control—Armistice Agreement of 27 July 1953— Security Council resolutions 83 (1950) of 27 June 1950 and 84 (1950) of 7 July 1950—General Assembly resolutions 711 (VII) of 28 August 1953 and 3390 (XXX) of 18 November 1975 553
  19. Loss of diplomatic status of foreign Missions vis-à-vis an occupying power—Obligation of an occupying power towards neutral citizens in an occupied territory—Status of United Nations personnel and related agencies in an occupied territory—Right of expulsion for reasons of public order and safety—Security Council resolution 1483 (2003) of 22 May 2003 555
  20. General Assembly resolution 55/5 B of 23 December 2000 (scale of assessments for the apportionment of the expenses of the United Nations)—Conversion rates— Committee on Contributions—Rule 160 of the rules of procedure of the General Assembly—Authority to interpret a General Assembly resolution 556
B. Legal opinions of the secretariats of intergovernmental organizations related to the United Nations  
  United Nations Industrial Development Organization  
  1. Tax exemption on salaries and emoluments of United Nations Industrial Development Organization officials—Definition of “officials of the United Nations”—Discrimination based on nationality or permanent residency—Discrimination between member States—Rationale of immunity from taxation—The Conventions on the Privileges and Immunities of the United Nations and of the Specialized Agencies—Article 27 of the Vienna Convention on the Law of Treaties, 1969 (Internal law and observance of treaties)—Customary law 558
  2. Validity of service agreement signed “under protest”—National expert v. national officer 561
  3. Arbitration clauses in cooperation agreements between organizations of the United Nations system (including related organizations)—Obligations vis-à-vis member States 561
  4. Independence and reporting of the Legal Advisor of an agency of the United Nations system—Structure and role of the Legal Office—Specialized agencies v. subsidiary organs of the United Nations 563

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
A. International Tribunal for the Law of the Sea  
    Pending cases, judgements and orders in 2003 569
B. International Criminal Court  
    Pending cases, judgements and orders in 2003 572
C. International Criminal Tribunal for the former Yugoslavia  
  1. Judgements 573
  2. Pending cases 573
D. International Criminal Tribunal for Rwanda  
  1. Judgements 575
  2. Pending cases 576
E. Special Court for Sierra Leone  
  1. Judgements 578
  2. Pending cases 578
Chapter VIII. Decisions of National Tribunals View PDF file
  Italy  
    Giuliana Carretti v. The Food and Agriculture Organization of the United Nations  
      Food and Agriculture Organization of the United Nations (FAO)—Question of immunity from jurisdiction of the organization—Headquarters Agreement (Agreement between the Government of the Italian Republic and the Food and Agriculture Organization of the United Nations regarding the Headquarter of the Food and Agriculture Organization of the United Nations)—Convention on the Privileges and Immunities of Specialized Agencies, 1947 580
  Canada  
    Gérald René Trempe v. The ICAO Staff Association and Wayne Dixon; Gérald René Trempe v. Dirk Jan Goossen, the ICAO Council and Jesus Ocampo  
      Analysis of the scope and goal of immunity of an international organization and its staff—Question of whether the International Civil Aviation Staff Association enjoys immunity from jurisdiction accorded to the International Civil Aviation Organization ICAO)—Immunity from jurisdiction of senior officials of ICAO—Question of waiver of immunity by ICAO by not providing adequate provision of appropriate modes of settlement of disputes arising out of contracts or other disputes under article 33 of the Headquarters Agreement—The Vienna Convention on Diplomatic Relations, 1961—The Convention on the Privileges and Immunities of the United Nations, 1946—Headquarters Agreement between the Government of Canada and ICAO—The concepts of absolute immunity and functional immunity 585

Part Four. Bibliography

Bibliography View PDF file
A. International organizations and international law in general  
  1. General 609
  2. Particular questions 610
B. United Nations  
  1. General 616
  2. Particular organs  
      General Assembly 617
      International Court of Justice 617
      Secretariat 620
      Security Council 620
      United Nations Forces 622
  3. Particular questions or activities  
      Air and space law 623
      Collective security 624
      Commercial arbitration 625
      Consular relations 625
      Diplomatic relations 626
      Disarmament 626
      Environmental questions 626
      Financing 629
      Friendly relations and cooperation among States 630
      Human rights 630
      International administrative law 633
      International criminal law 634
      International economic law 643
      International terrorism 644
      International trade law 645
      International waterways 646
      Intervention 646
      Jurisdiction 647
      Law of the sea 648
      Law of treaties 649
      Law of war 650
      Maintenance of peace 651
      Membership and representation 653
      Namibia 653
      Natural resources 654
      Non-governmental organizations 654
      Peaceful settlement of disputes 655
      Political and security questions 655
      Progressive development and codification of international law (in general) 656
      Refugees 656
      Right of asylum 657
      Rule of law 657
      Self-defence 657
      Self-determination 658
      State responsibility 659
      State sovereignty 660
      State succession 660
      Technical cooperation 660
      Trade and development 660
      Trusteeship 661
      Use of force 662
C. Intergovernmental organizations related to the United Nations  
    General Agreement on Tariffs and Trade 663
    International Civil Aviation Organization 664
    International Labour Organization 664
    International Maritime Organization 665
    International Monetary Fund 665
    United Nations Educational, Scientific and Cultural Organization 665
    United Nations Industrial Development Organization 666
    World Bank 666
    International Centre for Settlement of Investment Disputes 666
    World Health Organization 666
    World Meteorological Organization 666
    World Trade Organization 667