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

Last update: January 24, 2018

2004

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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
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) Exchange of letters constituting an agreement between the United Nations and the Government of the Sultanate of Oman regarding the hosting of the “Workshop on the Use of Handheld Devices (HHD) for Population Censuses in the ESCWA Region”, to be held in Muscat, from 4 to 6 April 2004. New York, 21 January 2004 and 2 March 2004 5
    (b) Agreement between the United Nations and the Government of the Federative Republic of Brazil regarding the arrangements for the Eleventh Session of the United Nations Conference on Trade and Development (UNCTAD). São Paulo, 9 March 2004 9
    (c) Exchange of letters constituting an agreement between the United Nations and the Government of the Syrian Arab Republic regarding the hosting of the “Workshop on Environment Statistics in the Countries of the Region of the Economic and Social Commission for Western Asia (ESCWA)”, to be held in Damascus, Syria, from 4 to 8 April 2004 New York, 14 January 2004 and 18 March 2004 17
    (d) Exchange of letters constituting an agreement between the United Nations and the Government of the Islamic Republic of Iran regarding the hosting of the United Nations Islamic Republic of Iran Regional Workshop on the Use of Space Technology for Environmental Security, Disaster Rehabilitation and Sustainable Development hosted by the Government of the Islamic Republic of Iran, to be held in Tehran, Islamic Republic of Iran from 8 to 12 May 2004 Vienna, 26 April 2004 and 3 May 2004 21
    (e) Exchange of letters constituting an agreement between the United Nations and the Government of the Republic of Croatia on “Arrangements between the United Nations and the Government of the Republic of Croatia regarding the meeting of the parties to the Protocol on Strategic Environmental Assessment, to be held in Cavtat, from 1 to 4 June 2004” Geneva, 25 March 2004 and 10 May 2004 25
    (f) Agreement between the United Nations and the Government of Haiti concerning the status of the United Nations Operation in Haiti. Port-au-Prince, 9 July 2004 28
    (g) Agreement between the United Nations and the Government of Sudan concerning the activities of the United Nations Mission in Sudan. New York, 6 August 2004 41
    (h) Exchange of letters constituting an agreement between the United Nations and the Government of the Hashemite Kingdom of Jordan to establish a liaison office of the United Nations Assistance Mission for Iraq (UNAMI) in Amman, Jordan, to assist UNAMI in fulfilling its mandated activities. New York, 10 August 2004 and 11 August 2004 49
    (i) Agreement between the United Nations and the Government of the Republic of Mauritius regarding the arrangements for the international meeting on the ten-year review of the Barbados Programme of Action for the Sustainable Development of Small Island Developing States. Port Louis, Mauritius, 10-14 January 2005. New York, 30 November 2004 54
    (j) Exchange of letters constituting an agreement between the United Nations and the Government of Brazil regarding the hosting of the events under the project entitled “Weapons Destruction and Stockpile Management”, to be held in Brasilia and Rio de Janeiro, Brazil, in December 2004 and March 2005. New York, 30 November 2004 and 2 December 2004 61
  3. Other agreements  
      Relationship Agreement between the United Nations and the International Criminal Court. New York, 4 October 2004 65
  4. United Nations Children's Fund  
      Basic Cooperation Agreement between UNICEF and the Government of the Islamic Republic of Iran Tehran, 31 May 2004 73
  5. Office of the United Nations High Commissioner for Refugees  
      Cooperation Agreement between the Office of the United Nations High Commissioner for Refugees and the Government of the Republic of the Congo. Brazzaville, 17 December 2004 82
  6. United Nations Human Settlements Programme  
      Agreements relating to the Venue Agreement between the United Nations Human Settlements Programme (UN-HABITAT) and the Kingdom of Spain regarding the hosting in the city of Barcelona (Spain) of the Second Session of the World Urban Forum. Barcelona, 15 September 2004 91
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 95
  2. International Labour Organization  
      Cooperation agreement between the International Labour Organization and the African Development Bank and the African Development Fund 96
  3. International Atomic Energy Agency  
      Status of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency, 1959 100
  4. World Bank  
      Agreement between the Government of the Russian Federation and the International Bank for Reconstruction and Development regarding the Resident Mission of the International Bank for Reconstruction and Development in the Russian Federation. Washington, 29 September 1996 100
  5. International Monetary Fund  
      Agreement between the Government of the Russian Federation and the International Monetary Fund regarding the Resident Representative Office of the International Monetary Fund in the Russian Federation. Hong Kong, 24 September 1997 107

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. Membership of the United Nations 117
  2. Peace and security  
    (a) Peacekeeping missions and operations 117
    (b) Political and peacebuilding missions and offices 121
    (c) Other peacekeeping matters 125
    (d) Action of Member States authorized by the Security Council 125
    (e) Sanctions imposed under Chapter VII of the Charter of the United Nations 127
    (f) Terrorism 131
    (g) Human rights and humanitarian questions considered by the Security Council 132
  3. Disarmament and related matters  
    (a) Nuclear disarmament and non-proliferation issues 135
    (b) Biological and chemical weapons issues 137
    (c) Conventional weapons issues 139
    (d) Regional disarmament activities of the United Nations 141
    (e) Other issues 142
  4. Legal aspects of peaceful uses of outer space 144
  5. Human Rights  
    (a) Sessions of the United Nations human rights bodies and treaty bodies 146
    (b) Human rights issues in general 148
    (c) Human rights treaty bodies 150
    (d) Migrants and migrant workers 150
    (e) Right to travel 151
    (f) Right to food 151
    (g) Enforced or involuntary disappearances 152
    (h) Religious intolerance 153
    (i) Extrajudicial, summary or arbitrary executions 153
    (j) Terrorism and human rights 154
    (k) Missing persons 155
    (l) Torture and other cruel, inhuman or degrading treatment or punishment 156
    (m) Right to self-determination 157
    (n) Racism, racial discrimination, xenophobia and related intolerance 157
    (o) Rights and dignity of persons with disabilities 158
    (p) Genetic privacy and non-discrimination 159
  6. Women and children  
    (a) Women 159
    (b) Children 163
  7. Humanitarian matters 166
  8. Environment  
    (a) International instruments 167
    (b) Implementation of instruments relating to the environment and development 167
  9. Law of the Sea  
    (a) Report of the Secretary-General 168
    (b) General Assembly 170
  10. Economic, social, cultural and related questions  
      Culture 171
  11. Crime prevention and criminal justice  
    (a) International instruments 172
    (b) Commission on Crime Prevention and Criminal Justice 172
    (c) Economic and Social Council 172
    (d) General Assembly 174
  12. International drug control  
    (a) Commission on Narcotic Drugs 175
    (b) Economic and Social Council 176
    (c) General Assembly 177
  13. Refugees and displaced persons  
    (a) Executive Committee of the Programme of the United Nations High Commissioner for Refugees 177
    (b) General Assembly 179
  14. International Court of Justice  
    (a) Organization of the Court 179
    (b) Jurisdiction of the Court 180
    (c) General Assembly 181
  15. International Law Commission  
    (a) Membership of the Commission 181
    (b) Fifty-sixth session of the Commission 182
    (c) General Assembly 184
  16. United Nations Commission on International Trade Law  
    (a) United Nations Commission on International Trade Law 185
    (b) General Assembly 186
  17. Legal questions dealt with by the Sixth Committee and other related subsidiary bodies of the General Assembly  
    (a) Nationality of natural persons in relation to the succession of States 187
    (b) Responsibility of States for internationally wrongful acts 188
    (c) Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts 188
    (d) Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives 189
    (e) Convention on jurisdictional immunities of States and their property 189
    (f) Report of the Committee on Relations with the Host Country 190
    (g) International Criminal Court 191
    (h) Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization 192
    (i) Measures to eliminate international terrorism 194
    (j) Scope of legal protection under the Convention on Safety of United Nations and Associated Personnel 196
    (k) International convention against the reproductive cloning of human beings 198
    (l) Observer status in the General Assembly 199
  18. Advisory opinion of the International Court of Justice 200
  19. Ad hoc international criminal tribunals  
      International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) 201
B. General review of the legal activities of intergovernmental organizations related to the United Nations  
  1. Universal Postal Union 203
  2. International Labour Organization 203
    (a) Resolutions submitted in accordance with article 17 of the Standing Orders of the Conference 203
    (b) Standing Orders questions 204
    (c) Withdrawal of 16 International Labour Recommendations 204
    (d) Follow-up activities by the International Labour Office under the ILO Declaration on Fundamental Principles and Rights at Work 205
    (e) Adoption of the Recommendation concerning Human Resources Development: Education, Training and Lifelong Learning 205
    (f) Ratification and promotion of fundamental ILO Conventions 206
    (g) Amendments to the Staff Regulations 206
    (h) General status report on ILO action concerning discrimination in employment and occupation 206
  3. International Monetary Fund  
    (a) Membership issues 207
    (b) Issues pertaining to voting and participation 209
    (c) IMF Facilities 209
    (d) Enhanced surveillance to prevent financial crisis 211
    (e) Enhanced transparency - modifications to publication policy 211
  4. International Civil Aviation Organization  
    (a) Membership 212
    (b) Conventions and agreements 212
    (c) Major legal developments 212
  5. United Nations Educational, Scientific and Cultural Organization  
    (a) International regulations 214
    (b) Human rights 215
    (c) Copyright activities 215
  6. World Meteorological Organization  
      Cooperation with the United Nations and other organizations 217
  7. International Maritime Organization  
    (a) Membership of the International Maritime Organization 217
    (b) Review of legal activities of IMO 217
  8. World Health Organization  
    (a) Constitutional developments 224
    (b) Other normative developments and activities 224
  9. International Atomic Energy Agency  
    (a) Membership 227
    (b) Privileges and immunities 228
    (c) Legal instruments 228
    (d) Legislative assistance activities 229
  10. World Intellectual Property Organization  
    (a) Introduction 233
    (b) Cooperation for development activities 233
    (c) Norm-setting activities 234
    (d) International registration activities 235
    (e) Intellectual property and global issues 237
  11. International Fund for Agricultural Development  
    (a) Cooperation agreements, memoranda of understanding and other agreements 239
    (b) Legal developments 239
  12. World Trade Organization  
    (a) Membership 240
    (b) Dispute settlement 240
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  
    United Nations Convention on Jurisdictional Immunities of States and Their Property. Adopted by the General Assembly on 2 December 2004 243
B. Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations  
    International Maritime Organization  
      International Convention for the Control and Management of Ships’ Ballast Water and Sediments. Done at London, 13 February 2004 255
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. 1169 (23 July 2004): Abebe v. the Secretary-General of the United Nations  
      Receivability ratione temporis—Waiver of time limits pursuant to rule 111.3 (d) of the staff rules—Appointments under the 200 Series Staff Regulations and Rules in contravention of ST/AI/297—Legal expectancy of renewal—Eligibility to apply and entitlement to a position—Gender parity rules—General Assembly resolution 49/167 of 23 December 1994 and ST/AI/412—Promotion of General Service staff to Professional posts outside the framework of competitive examinations—General Assembly resolution 33/143 of 20 December 1978 281
  2. Judgement No. 1175 (23 July 2004): Ikegame v. the Secretary-General of the United Nations  
      Forum non conveniens—Authority to take disciplinary actions for alleged misconducts occurring during secondment—Inter-Organization Agreement concerning Transfers, Secondment or Loan of Staff—Double jeopardy—Serious misconduct—Proportionality of disciplinary sanctions—Length of suspension pending disciplinary proceedings—Staff rule 110 1 and 2—Right to due process—Failure to notify staff of composition of Joint Disciplinary Committee—Conflict of interest—ST/AI/371 284
  3. Judgement No. 1181 (23 July 2004): Abu Kashef v. the Commissioner- General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA or the Agency)  
      Termination of the Applicant’s services in the interest of the Agency—UNRWA Area staff regulation 9.1—Unsatisfactory professional conduct and performance of staff—Misuse of laissez-passer—Proper exercise of managerial discretion—Burden of proof 287
  4. Judgement No. 1183 (23 July 2004): Adrian v. the Secretary-General of the United Nations  
      Recognition of domestic partnership— ST/SGB/2004/4—Principle of applying the law of nationality of staff member for purposes of marital status—Evolving concept of “couple” and of “marriage”—Force and effect of administrative instructions and information circulars—Interpretation or amendment of a staff rule—General Assembly resolution 58/285 of 8 April 2004 289
  5. Judgement No. 1189 (23 July 2004): Bogusz v. the Secretary-General of the United Nations  
      Compliance with promotion procedures—ST/AI/413—Right to due process—Disclosure of objection to composition of Joint Appeals Board (JAB)—Denial of procedural rights—Declination to implement JAB recommendations on jurisdictional grounds—Consideration of equity and fairness as well as law—Necessity to identify an administrative decision adversely affecting the rights of the staff member—Consideration of health in making promotion decisions 291
  6. Judgement No. 1205 (24 November 2004): Alaj et al. v. the Secretary-General of the United Nations  
      Salary survey and scale—Discretion to undertake salary survey—Distinction between participation and consultation of staff—Retroactive application—Intervention—United Nations Common System Manual for Salary Surveys in Non-Headquarters Duty Stations (Manual) 293
  7. Judgement No. 1210 (24 November 2004): Tekolla v. the Secretary-General of the United Nations  
      Entitlement to special post allowance (SPA)—Quasi-judicial discretion of the Secretary-General—Retroactivity policy for SPA requests—Payment of SPA at not more than one level higher than staff member’s level—Staff rule 103.11 (b) and Personnel Directive PD/1/84/Rev 1 296
  8. Judgement No. 1215 (24 November 2004): Nwingte v. the Secretary-General of the International Maritime Organization (IMO)  
      Interpretation of Appendix D of the IMO Staff Rules—Role of the Advisory Board on Compensation Claims (ABCC) in cases alleging service-incurred injury—Authority and competence by Administration to unilaterally deny service-incurred injury status to staff member 298
  9. Judgement No. 1219 (24 November 2004): Grossman v. the Secretary-General of the United Nations  
      Calculation of Mission Subsistence Allowance—Definition of “nonworking days”—Staff rule 107.15 (e)—1974 Field Administration Handbook—Right to recover overpayment—Staff rule 103.18—Unjust enrichment—Estoppel—Compelling reasons of equity 300
  10. Judgement No. 1222 (24 November 2004): Othigo v. the Secretary-General of the United Nations  
      Medical fraud—Recognition of only one dependent spouse—Discretion of the Secretary-General in disciplinary matters—Proportionality of sanctions—Separation from service with compensation in lieu of notice—Good faith defence—Plea of ad misericordiam 302
B. Decisions of the Administrative Tribunal of the International Labour Organization  
  1. Judgment No. 2278 (4 .February .2004): Mr. A. H. v. the European Patent Organisation  
      Residence requirement under article 23 of the service regulations—Right to freedom of residence—Principle of equal treatment—Duty to substantiate decision—Expectation and contractual obligation 304
  2. Judgment No. 2280 (4 February 2004): Mr. K. M. v. the European Patent Organisation  
      Duty of assistance to employees under article 28 of the service regulations—Injury by reason of the employee’s office or duties—Obligation to provide compensation—Exemption from Dutch tax on private cars and motorcycles 306
  3. Judgment No. 2292 (4 February 2004): Mr. J. M. W. v. the European Patent Organisation  
      Territorial application of the Pension Scheme Regulations—Application of the Convention on the Grant of European Patents,1973, to territories of Contracting States under article 168 of the Convention—Application of principles of the Convention for the Protection of Human Rights and Fundamental Freedoms, 1950, to staff relations—Protection of property rights—Principle of non-discrimination—Consequences of exercising option under article 33 of the Pension Scheme Regulations 308
  4. Judgment No. 2302 (4 February 2004): Mr. J. A. T. v. the International Organization for Migration  
      Waiver of diplomatic immunity—Discretion to waive immunity—Tribunal’s lack of jurisdiction to quash decision to waive immunity—Procedure for waiver of immunity—Discretion not to renew contract in the interests of the Organization—Decision to suspend official—Agreement between the International Organization for Migration and the Government of South Africa 310
  5. Judgment No. 2365 (7 May 2004): In re T. B. v. the Universal Postal Union  
      Suspension from duty pending investigation of serious misconduct—Staff rule 110.3—Discretion to suspend a staff member—Scope of review by the Tribunal of a decision to suspend—Right to be heard—Abuse of authority 311
  6. Judgment No. 2359 (14 May 2004): Mr. E. G. A. v. the European Patent Organisation  
      Dependency allowance—Definition of “dependent children”—Interpretation of rules—Article 69 (3) (c) of the service regulations and rule 2 of Communiqué No. 6 313
C. Decisions of the World Bank Administrative Tribunal  
  1. Decision No. 309 (18 June 2004): Bernstein, Applicant v. International Bank for Reconstruction and Development, Respondent  
      Pension eligibility requirements—Non-regular staff—Break in service— Détournement de pouvoir—Gender discrimination—Respect of prior expectations 314
  2. Decision No. 317 (18 June 2004): Yoon (No. 4), Applicant v. International Bank for Reconstruction and Development, Respondent  
      Compliance with reinstatement order—“Comparable position”—Conduct of parties in Tribunal litigation—Censure of counsel 316
  3. Decision No. 325 (12 November 2004): E, Applicant v. International Bank for Reconstruction and Development, Respondent  
      Divorce and support obligations—Garnishment of wages—Relationship of Bank and Tribunal to national courts and authorities—Principle of abstention—Due process—Investigations 317
D. Decisions of the Administrative Tribunal of the International Monetary Fund  
    Judgment No. 2004–1 (10 December 2004): Mr. “R” (No. 2), Applicant v. International Monetary Fund, Respondent  
      Reimbursement of security expenses indirectly incurred by a staff member—Res judicata—Article XIII of the Statute of the Administrative Tribunal of the International Monetary Fund (the Fund)—Unfairness of a regulatory decision in an individual case—Regulatory and individual decisions 319
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  
  1. Privileges and immunities  
    (a) Letter to the Acting Chair of the Special Committee on Peacekeeping Operations, United Nations, regarding immunities of civilian police and military personnel 323
    (b) Note verbale to a Permanent Representative of a Member State to the United Nations regarding the freezing of bank accounts of the World Food Programme 326
    (c) Interoffice memorandum to the Director of Investment Management Service, United Nations, regarding tax exemption 329
    (d) Letter to a Permanent Representative of a Member State to the United Nations regarding the legal framework for the holding of a United Nations meeting away from Headquarters 330
    (e) Facsimile to the Legal Adviser of the International Labour Organization, Geneva, regarding the refusal of a Member State to recognize the full immunities of international organizations 332
    (f) Letter to the Registrar of the International Court of Justice regarding privileges and immunities with respect to parking fees 333
    (g) Letter to a Permanent Representative of a Member State to the United Nations regarding the levying of fees and taxes on the United Nations Organization Mission in the Democratic Republic of the Congo 334
  2. Procedural and institutional issues  
    (a) Interoffice memorandum to the Acting High Commissioner for Human Rights on the tenure of office-holders of special procedures mandates 339
    (b) Statement before the Economic and Social Council on the question of the power of the Council to override decisions of the Commission on Human Rights 340
    (c) Note to the United Nations High Commissioner for Human Rights regarding a resolution of the Commission on Human Rights on internally displaced persons 341
    (d) Letter to an individual regarding the procedure for admission of States to membership in the United Nations 344
    (e) Facsimile to the Director of the Transport Division, United Nations Economic Commission for Europe, Geneva, regarding draft amendments to the rules of procedures of the TIR Executive Board 346
    (f) Note to the Director, Security Council Affairs Division, Department of Political Affairs, regarding the meeting of the Security Council in Nairobi, Kenya 347
  3. Other issues relating to United Nations Peace Operations  
    (a) Note to the Assistant Secretary-General for Peacekeeping Operations regarding the United Nations Mission in Kosovo and the protection of cultural heritage 350
    (b) Note verbale to a Permanent Mission to the United Nations regarding the legal personality and treaty-making power of the United Nations Interim Administration Mission in Kosovo 351
  4. Responsibility of international organizations  
      Interoffice memorandum to the Director of the Codification Division, Office of Legal Affairs, and Secretary of the International Law Commission regarding the topic Responsibility of International Organizations 352
  5. Treaty law  
    (a) Letter to a Permanent Representative to the United Nations regarding the registration of treaties pursuant to Article 102 of the Charter of the United Nations 356
    (b) Facsimile to the Executive Secretary, Secretariat of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1989, regarding the entry into force of amendments to the Convention 358
    (c) Interoffice memorandum to the Director of the Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, regarding a declaration by [State] pursuant to article 21, paragraph 4, of the Agreement for the Implementation of the Provisions Fish Stocks, (the Agreement), 1995 360
  6. International Humanitarian Law  
    (a) Interoffice memorandum to the Chief, Legal Affairs Section, Executive Office, Office of the United Nations High Commissioner for Refugees, regarding the Voluntary Repatriation (Tripartite) Agreement 362
    (b) Letter to the Representative/President of the Unification and National Security Central Council in the Freedom Centre (Tongil Anbo Joongang Hyeopuih) in Seoul, Republic of Korea, regarding the eligibility of prisoners of war for payments for their labour in war camps during the Korean war 363
  7. Human Rights and Refugee law  
      Note to the members of the Senior Management Group of the United Nations regarding conditions for the granting of political asylum 365
  8. United Nations emblem and flag  
      Interoffice memorandum to the Senior Legal Adviser, Office of the Secretary-General, World Meteorological Organization, on guidelines on the use of the United Nations emblem 366
  9. Personnel questions  
      Interoffice memorandum to the Recruitment Officer of the Department of Economic and Social Affairs, United Nations, on the reimbursement of United States taxes and nationality for United Nations administrative purposes 369
  10. Miscellaneous  
    (a) Note to the Secretary-General’s Special Representative for Western Sahara regarding the question of a referendum 372
    (b) The establishment of an International Commission of Inquiry for Darfur 374
B. Legal opinions of the secretariats of intergovernmental organizations related to the United Nations  
  1. International Labour Organization  
    (a) Provisional Record No. 16, ninety-second session, Report of the Standing Orders Committee 378
    (b) Provisional record No. 20, ninety-second session, Report of the Committee on Human Resources 380
    (c) Report of the Technical Committee No. 1 of the Preparatory Technical Maritime Conference, Geneva, 13–24 September 2004 381

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 Court of Justice  
  1. Judgments 385
  2. Advisory Opinions 385
  3. Pending cases as at 31 December 2004 386
B. International Tribunal for the Law of the Sea  
  1. Judgments 386
  2. Pending cases as at 31 December 2004 387
C. International Criminal Court 387
D. International Criminal Tribunal for the former Yugoslavia  
  1. Judgments delivered by the Appeals Chamber 387
  2. Judgments delivered by the Trial Chambers 388
E. International Criminal Tribunal for Rwanda  
  1. Judgments delivered by the Appeals Chamber 388
  2. Judgments delivered by the Trial Chambers 389
F. Special Court for Sierra Leone  
  1. Judgments 389
  2. Decisions of the Appeals Chamber 389
Chapter VIII. Decisions of national tribunals View PDF file
A. Argentina  
    Proceedings for review of leave to appeal Jorge Francisco Baca Capodónico, Plea of no action, Case No. 35.295, 27 May 2004 391
      Question of jurisdictional immunity of an official of the International Monetary Fund requested for extradition—Determination of the stage of the judicial proceedings in which the issue of immunity shall be raised—Issue of diplomatic immunity not included—Definitive nature of the injury at stake—Issue of immunity requires a special prior ruling to the extradition trial  
B. Austria  
    Firma Baumeister Ing. Richard L v. O 394
      Question of Immunity of an international organization having its headquarters in Austria—Agreement between the Republic of Austria and the OPEC Fund for International Development regarding Headquarters of the Fund—Immunity from any legal proceedings granted to international organizations—The purpose of immunity is to protect international organizations from interference from and the exertion of influence through the organs of individual States—Immunity more extensive for international organizations based on the functional character of their legal personality as compared to foreign States—Immunity of international organizations is considered as absolute when acting within the limits of their functions—Immunity considered as valid until expressly waived—Passive conduct not deemed to constitute a tacit waiver of immunity—Immunity constitutes a procedural barrier to enforcement of the law but does not alter the validity of the substantive law—Service of official documents, as summons of courts, to international organizations, shall be effected exclusively through the good offices of the Austrian Ministry for Foreign Affairs—Waiver of immunity shall not extend to any measure of execution  
  Annex: Chart of the United Nations system 403

Part Four. Bibliography

Bibliography View PDF file
A. International organizations in general  
  1. General 407
  2. Particular questions 407
B. United Nations  
  1. General 408
  2. Principle organs and subsidiary bodies 408
      International Court of Justice 408
      Security Council 411
  3. Particular questions or activities  
      Aviation Law 413
      Collective security 413
      Commercial arbitration 413
      Consular Relations 414
      Definition of aggression 414
      Diplomatic relations 414
      Disarmament 415
      Environmental questions 415
      Financing 417
      Friendly relations and cooperation among States 417
      Human rights 417
      International administrative law 419
      International criminal law 420
      International economic law 427
      International terrorism 427
      International trade law 428
      International waterways 429
      Intervention 430
      Jurisdiction 430
      Law of armed conflict 430
      Law of the sea 431
      Law of the treaties 433
      Natural resources 433
      Non-governmental organizations 434
      Outer space law 435
      Peaceful settlement of disputes 435
      Peacekeeping and related activities 435
      Political and security questions 436
      Progressive development and codification of international law 436
      Refugees 436
      Rule of law 437
      Self-defence 437
      Self-determination 437
      State responsibility 437
      State sovereignty 438
      Trusteeship 438
      Use of force 438
C. Intergovernmental organizations related to the United Nations  
    International Centre for Settlement of Investment Disputes 439
    International Labour Organization 440
    International Maritime Organization 440
    International Monetary Fund 440
    International Telecommunication Union 440
    United Nations Educational, Scientific and Cultural Organization 441
    World Bank Group 441
    World Health Organization 441
    World Meteorological Organization 441
    World Trade Organization 441