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

Last update: June 3, 2016

2005

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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. Czech Republic Texts of relevant provisions of the laws enacted in the Czech Republic in 2005 and relating to the legal status or privileges and immunities of the United Nations, the specialized agencies or the International Atomic Energy Agency  
    (a) Act No. 353/2003 to regulate excise taxes, as amended by Act No. 217/2005 amending Act No. 353/2003 to regulate excise taxes as amended, Act No. 265/1991 to regulate the competences of the authorities of the Czech Republic concerning prices as amended 3
    (b) Act No. 348/2005 to regulate radio and television licence fees and to amend certain acts 5
  2. France Instruction of the General Tax Directorate  
      Mechanisms for implementing the Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations 5
  3. Singapore International Organizations (Immunities and Privileges) Act (Chapter 145)  
    (a) International Organizations (Immunities and Privileges) (World Intellectual Property Organization) Order 2005 13
    (b) International Organizations (Immunities and Privileges) (International Monetary Fund) Order 2005 15
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 17
  2. Agreements relating to missions, offices and meetings  
    (a) Supplementary arrangement for the exemption of the United Nations Observer Mission in Georgia from payment of air navigation charges and other related charges. Tbilisi, 27 March 2003 and 4 November 2003 17
    (b) Exchange of letters constituting an agreement between the United Nations and the Government of Uzbekistan regarding the hosting of the United Nations Expert Group Meeting on the draft Central Asian Nuclear-Weapon-Free Zone Treaty, to be held in Tashkent from 7 to 9 February 2005. New York, 10 and 11 January 2005 19
    (c) Agreement between Burundi and the United Nations concerning the Status of the United Nations Operation in Burundi. Bujumbura, 17 June 2005 23
    (d) Exchange of letters constituting an agreement between the United Nations and the Government of Uruguay regarding the hosting of three events under the project “Weapons Destruction and Stockpile Management”, to be held in Uruguay from 12 to 16 September 2005. New York, 6 July and 29 August 2005 38
    (e) Agreement between the United Nations and Sierra Leone on the Status of the United Nations Integrated Office in Sierra Leone. Freetown, 22 December 2005 42
    (f) Agreement between the United Nations and the Government of Sudan concerning the Status of the United Nations Mission in Sudan. Khartoum, 28 December 2005 44
  3. Other agreements  
    (a) Agreement between the United Nations and the Royal Government of Cambodia concerning the prosecution under Cambodian law of crimes committed during the period of Democratic Kampuchea. Phnom Penh, 6 June 2003 60
    (b) Memorandum of Understanding between the United Nations and the International Criminal Court concerning cooperation between the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) and the International Criminal Court. New York, 8 November 2005 71
    (c) Agreement between the United Nations Organization and the Government of the United States of America concerning the establishment of Security for the United Nations Assistance Mission for Iraq. New York, 8 December 2005 91
  4. International Court of Justice  
      Exchange of notes constituting an agreement between the Kingdom of the Netherlands and the International Court of Justice concerning the status of International Court of Justice trainees in the Netherlands. The Hague, 14 October 2004 95
  5. United Nations Children’s Fund  
      Basic Cooperation Agreement between the United Nations Children’s Fund and the Government of the Republic of Bulgaria. Geneva, 8 November 2004 97
  6.   Office of the United Nations High Commissioner for Refugees  
    (a) Agreement between the Office of the United Nations High Commissioner for Refugees and the Government of the Federal Republic of Germany concerning the office of the United Nations High Commissioner for Refugees in Germany. Berlin, 1 July 2005 107
    (b) Agreement between the Office of the United Nations High Commissioner for Refugees and the Government of the Democratic Socialist Republic of Sri Lanka. Colombo, 7 December 2005 110
  7. Office of the United Nations High Commissioner for Human Rights  
      Agreement between the United Nations High Commissioner for Human Rights and the Government of the Kingdom of Nepal concerning the establishment of an Office in Nepal. Geneva and Kathmandu, 8 and 10 April 2005 118
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 128
  2. International Labour Organization  
      Provisional Agreement between the Government of the Federal Democratic Republic of Ethiopia and the International Labour Organization concerning the Regional Office of the Organization in Addis Ababa 128
  3. United Nations Food and Agriculture Organization  
    (a) Agreements based on the standard “Memorandum of Responsibilities” in respect of Food and Agriculture Organization sessions 131
    (b) Agreements based on the standard “Memorandum of Responsibilities” in respect of seminars, workshops, training courses and other meetings 131
  4. United Nations Educational, Scientific and Cultural Organization 131
  5. International Bank for Reconstruction and Development  
      Agreement between the Kingdom of Belgium and the International Bank for Reconstruction and Development on the establishment of a Liaison Office of this Organization in Belgium. Brussels, 26 April 1999 132
  6. World Health Organization  
      Basic Agreement between the World Health Organization and the Ministry of Health on behalf of the Government of Albania for the establishment of technical advisory cooperation relations. 6 September 2005 135
  7. United Nations Industrial Development Organization  
    (a) Memorandum of Understanding between the United Nations Industrial Development Organization and the Istanbul Chamber of Commerce (ICOC), Turkey. 3 February 2005 138
    (b) Rental Agreement between the United Nations Industrial Development Organization and the Bahrain Development Bank (BSC). 10 May 2005 138
    (c) Letter of Agreement between the United Nations Industrial Development Organization and the International Maritime Organization. 6 and 26 September 2005 139
    (d) Memorandum of Understanding between the United Nations Industrial Development Organization and the General Secretariat of the Organization of American States (GS/OAS). 18 October 2005 139

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 143
  2. The World Summit 143
    (a) Values and principles 144
    (b) Development 144
    (c) Other peacekeeping matters 144
    (d) Human rights and the rule of law 146
    (e) Strengthening the United Nations 147
  3. Peace and security  
    (a) Peacekeeping missions and operations 149
    (b) Political and peacebuilding missions 155
    (c) Other peacekeeping matters 159
    (d) Action of Member States authorized by the Security Council 163
    (e) Sanctions imposed under Chapter VII of the Charter of the United Nations 165
    (f) Terrorism 171
  4. Disarmament and related matters  
    (a) Nuclear disarmament and non-proliferation issues 174
    (b) Biological and chemical weapons issues 177
    (c) Conventional weapons issues 178
    (d) Regional disarmament activities of the United Nations 181
    (e) Other issues 183
  5. Legal aspects of peaceful uses of outer space 185
  6. Human Rights  
    (a) Sessions of the United Nations human rights bodies and treaty bodies 188
    (b) Racism, racial discrimination, xenophobia and related intolerance 191
    (c) Right to development 192
    (d) Economic, social and cultural rights 192
    (e) Civil and political rights 193
    (f) Rights of the child 195
    (g) Persons with disabilities 196
    (h) Migrants workers 197
    (i) Minorities 198
    (j) Right to self-determination 198
    (k) Counter-terrorism and human rights 198
    (l) International cooperation in the field of human rights 199
    (m) Miscellaneous 200
  7. Women  
    (a) Commission on the Status of Women 201
    (b) Economic and Social Council 201
    (c) General Assembly 202
  8. Humanitarian matters  
    (a) Economic and Social Council 203
    (b) General Assembly 204
  9. Environment 205
  10. Law of the Sea  
    (a) Reports of the Secretary-General 206
    (b) General Assembly 208
  11. Crime prevention and criminal justice  
    (a) International instruments 209
    (b) Commission on Crime Prevention and Criminal Justice 209
    (c) Eleventh United Nations Congress for Crime Prevention and Criminal Justice 210
    (d) Economic and Social Council 211
    (e) General Assembly 212
  12. International drug control  
    (a) Commission on Narcotic Drugs 213
    (b) Economic and Social Council 214
    (c) General Assembly 215
  13. Refugees and displaced persons  
    (a) Executive Committee of the Programme of the United Nations High Commissioner for Refugees 215
    (b) Commission on Human Rights 217
    (c) General Assembly 218
  14. International Court of Justice  
    (a) Organization of the Court 219
    (b) Jurisdiction of the Court 220
    (c) Amendments to the Rules of Court 222
    (d) General Assembly 222
  15. International Law Commission  
    (a) Membership of the Commission 222
    (b) Fifty-seventh session of the Commission 223
    (c) Sixth Committee 225
    (d) General Assembly 231
  16. United Nations Commission on International Trade Law  
    (a) United Nations Commission on International Trade Law 232
    (b) Sixth Committee 234
    (c) General Assembly 235
  17. Legal questions dealt with by the Sixth Committee and other related subsidiary bodies of the General Assembly 235
    (a) United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider appreciation of International Law 236
    (b) Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization 237
    (c) Scope of legal protection under the Convention on Safety of United Nations and Associated Personnel 239
    (d) Measures to eliminate international terrorism 241
    (e) Report of the Committee on Relations with the Host Country 244
    (f) Observer status in the General Assembly 246
  18. Ad hoc international criminal tribunals  
    (a) Organization of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) 246
    (b) General Assembly 248
    (c) Security Council 249
    (d) Amendments to the Rules of Procedure and Evidence of the International Criminal Tribunal for the former Yugoslavia 249
B. General review of the legal activities of intergovernmental organizations related to the United Nations  
  1. Universal Postal Union 260
  2. International Labour Organization  
    (a) Membership 261
    (b) Resolutions and recommendations adopted by the International Labour Conference during its 93rd session 261
    (c) Report of the Tripartite Meeting of Experts for the development of the Joint ILO/World Health Organization Guidelines 262
  3. International Civil Aviation Organization  
    (a) Membership 262
    (b) Conventions and agreements 262
    (c) Major legal developments 263
  4. Food and Agriculture Organization of the United Nations  
    (a) Constitutional and general legal matters 265
    (b) Legislative matters 266
  5. United Nations Educational, Scientific and Cultural Organization  
    (a) Constitutional and procedural questions 270
    (b) International regulations 270
    (c) Human rights 271
    (d) Copyright activities 272
  6. International Maritime Organization  
    (a) Membership 273
    (b) Review of legal activities 274
  7. World Health Organization  
    (a) Constitutional developments 280
    (b) Other normative developments and activities 281
  8. International Atomic Energy Agency  
    (a) Membership 283
    (b) Privileges and immunities 283
    (c) Legal instruments 284
    (d) Legislative assistance activities 286
  9. United Nations Industrial Development Organization  
    (a) Agreements with States 290
    (b) Agreements within the United Nations system 292
    (c) Agreements with intergovernmental organizations 294
    (d) Agreements with other entities 294
  10. World Intellectual Property Organization  
    (a) Introduction 296
    (b) Cooperation for development activities 296
    (c) Norm-setting activities 296
    (d) International registration activities 298
    (e) Intellectual property and global issues 299
  11. International Fund for Agricultural Development  
    (a) Membership 301
    (b) Legal developments and other 301
  12. World Trade Organization  
    (a) Membership 302
    (b) Amendment to the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS agreement) 302
    (c) Dispute settlement 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 and related intergovernmental organizations  
  1. International Convention for the Suppression of Acts of Nuclear Terrorism. New York, 13 April 2005 305
  2. Memorandum of Understanding on Maritime Transport Cooperation in the Arab Mashreq. Damascus, 9 May 2005 317
  3. United Nations Convention on the Use of Electronic Communications in International Contracts. New York, 23 November 2005 325
  4. Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel. New York, 8 December 2005 334
B. Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations  
  United Nations Educational, Scientific and Cultural Organization 336
  1. International Convention Against Doping in Sport. Paris, 19 October 2005 336
  2. Convention on the Protection and Promotion of the Diversity of Cultural Expressions. Paris, 20 October 2005 361
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. 1231 (22 July 2005): Applicant v. the Secretary-General of the United Nations 377
  2. Judgement No. 1234 (22 July 2005): Applicant v. the Secretary-General of the United Nations 379
  3. Judgement No. 1236 (22 July 2005): Applicant v. the Secretary-General of the International Maritime Organization 381
  4. Judgement No. 1239 (22 July 2005): Applicant v. the Secretary-General of the United Nations 383
  5. Judgement No. 1242 (22 July 2005): Applicant v. the Secretary-General of the United Nations 384
  6. Judgement No. 1244 (22 July 2005): Applicant v. the Secretary-General of the United Nations 387
  7. Judgement No. 1246 (22 July 2005): Applicant v. the Secretary-General of the United Nations 389
  8. Judgement No. 1249 (22 July 2005): Applicant v. the Secretary-General of the United Nations 391
  9. Judgement No. 1253 (22 July 2005): Applicant v. the United Nations Joint Staff Pension Board (UNJSPB) 393
  10. Judgement No. 1268 (23 November 2005): Applicant v. the Secretary-General of the United Nations 394
  11. Judgement No. 1273 (23 November 2005): Applicant v. the Secretary-General of the United Nations 397
  12. Judgement No. 1276 (23 November 2005): Applicant et al v. the Secretary-General of the United Nations 399
  13. Judgement No. 1281 (23 November 2005): Applicant v. the Secretary-General of the United Nations 401
B. Decisions of the Administrative Tribunal of the International Labour Organization  
  1. Judgment No. 2389 (2 February 2005): B. H. v. Universal Postal Union 404
  2. Judgment No. 2392 (2 February 2005): H. J. T. v. International Fund for Agricultural Development 406
  3. Judgment No. 2396 (2 February 2005): re T. B. v. Universal Postal Union 408
  4. Judgment No. 2408 (2 February 2005): re E. C. v. Organisation for the Prohibition of Chemical Weapons 411
  5. Judgment No. 2459 (6 July 2005): F. C., M. F. G. and M. E. V.-C. v. United Nations Educational, Scientific and Cultural Organization 413
  6. Judgment No. 2468 (6 July 2005): B. Q. v. International Labour Organization 415
  7. Judgment No. 2470 (6 July 2005): M. I. v. Food and Agriculture Organization of the United Nations 418
C. Decisions of the World Bank Administrative Tribunal  
  1. Decision No. 330 (13 May 2005): Rodriguez-Sawyer v. International Bank for Reconstruction and Development 420
  2. Decision No. 338 (4 November 2005): Prasad v. International Bank for Reconstruction and Development 423
  3. Decision No. 340 (4 November 2005): G. v. International Bank for Reconstruction and Development 426
  4. Decision No. 343 (4 November 2005): I. v. International Bank for Reconstruction and Development 428
D. Decisions of the Administrative Tribunal of the International Monetary Fund  
    Judgment No. 2005–1 (18 March 2005): F., Applicant v. International Monetary Fund, Respondent 431
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 [see also: additional legal opinions]  
    (a) Electronic mail addressed to the Department of Management, United Nations, regarding diplomatic immunity with regard to a “When Actually Employed” contract at the level of Assistant Secretary-General 435
    (b) Interoffice memorandum to the Assistant Secretary-General, Central Support Services, United Nations, regarding immunity from search for holders of red United Nations Laissez-Passer 436
    (c) Note verbale to the Permanent Representative of a Member State regarding the imposition of a road toll tax on the United Nations High Commissioner for Refugees 437
    (d) Draft note verbale for the United Nations Development Programme to be addressed to the Ministry of Foreign Affairs of a Member State in respect of a national law requiring mandatory contribution to the national health scheme 439
    (e) Facsimile to the Representative of the Secretary-General of a United Nations Office, regarding the issuance of diplomatic cards to United Nations officials by the Host Country 441
    (f) Interoffice memorandum to the Director of the Investment Management Service of the United Nations Joint Staff Pension Fund regarding the Fund’s tax exempt status in certain States 442
    (g) Letter to the Ambassador and Deputy Permanent Representative to the Permanent Mission of [Member State] to the United Nations 443
    (h) Interoffice memorandum to the Director of the Investment Management Service of the United Nations Joint Staff Pension Fund regarding tax exemption in a Member State 444
    (i) Note verbale to the Permanent Representative of a Member State to the United Nations regarding the intention of its Government to tax United Nations officials serving in the country 445
  2. Procedural and institutional issues  
    (a) Interoffice memorandum to the Deputy Director of the Security Council Affairs Division, United Nations, regarding the circulation of documents in all official languages 447
    (b) Interoffice memorandum to the Legal Adviser of the United Nations Conference on Trade and Development regarding the provision of premises and secretariat functions by the Conference to two nongovernmental organizations 450
    (c) Letter to the Chairperson of the Commission on Human Rights concerning the accreditation and participation of non-governmental organization representatives who are subject to requests for arrest or detention by Interpol in the work of the Commission on Human Rights 455
    (d) Note to the President of the General Assembly regarding voting procedures on a resolution related to the equitable representation on and increase in the membership of the Security Council 457
    (e) Note to the Assistant Secretary-General for Policy Coordination and Strategic Planning, United Nations, on voting in the General Assembly 458
    (f) Letter to the Permanent Representative of a Member State to the United Nations regarding credentials and composition of delegations for the sessions of the General Assembly 460
  3. Other issues relating to United Nations peace operations  
    (a) Note to the Assistant Secretary-General, Office of Operations of the Department of Peacekeeping Operations, United Nations, regarding the treaty-making capacity of the United Nations Interim Administration Mission in Kosovo 461
    (b) Interoffice memorandum to the Director, Africa Division of the Department of Peacekeeping Operations, regarding the use and occupancy of the Mobil Compound by the United Nations Mission in Liberia 462
  4. Treaty law  
      Note on the notification of withdrawal by the [Member State] from the Optional Protocol to the Vienna Convention on Consular Relations concerning the Compulsory Settlement of Disputes, 1963 465
  5. Personnel questions  
    (a) Interoffice memorandum to the Office of Human Resources Policy Services, United Nations, regarding permanent resident status in a country other than the United States 468
    (b) Interoffice memorandum to the Assistant Secretary-General, Human Resources Management, Department of Management, United Nations, on the retroactivity of payments under the proposed new mobility and hardship scheme 471
  6.   Miscellaneous  
    (a) Note to the Special Representative of the Secretary-General for a Member State, regarding the Secretary-General’s legal power to offer his good offices in the process of demarcation of the border between two Member States 477
    (b) Annex to the letter dated 25 August 2005 from the Legal Counsel, Under-Secretary-General of the United Nations for Legal Affairs, addressed to the Chairman of the Commission on the Limits of the Continental Shelf 479
B. Legal opinions of the secretariats of intergovernmental organizations related to the United Nations  
  1. International Labour Organization  
    (a) Provisional record No. 18, ninety-third session, fourth item on the agenda: Occupational safety and health, Report of the Committee on Safety and Health 489
    (b) Provisional record No. 18, ninety-third session, fourth item on the agenda: Occupational safety and health, Report of the Committee on Safety and Health 489
    (c) Provisional record No. 18, ninety-third session, fourth item on the agenda: Occupational safety and health. Report of the Committee on Safety and Health 490
    (d) Provisional record No. 19, ninety-third session, fifth item on the agenda: Work in the fishing sector (second discussion). Report of the Committee on the Fishing Sector 490
    (e) Provisional record No. 19, ninety-third session, fifth item on the agenda: Work in the fishing sector (second discussion). Report of the Committee on the Fishing Sector 491
  2. United Nations Industrial Development Organization 492
    (a) Interoffice memorandum re: Tax exempt status of the United Nations Industrial Development Organization in a State 492
    (b) Letter re: Possible amendments to the Statute and Rules of the Administrative Tribunal of the International Labour Organization 494
    (c) Internal e-mail message re: Scope of decision-making authority of a Director-General elect 496
    (d) Internal e-mail message regarding correction of an error in the text of an exchange of letters of [2005] 498
    (e) Note verbale to the Permanent Mission of [member State] relating to United Nations Industrial Development Organization officials’ tax exemption on salaries and emoluments 499
    (f) Note verbale to the Federal Ministry of Foreign Affairs of [member State] relating to United Nations Industrial Development Organization officials’ customs privileges 501

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 505
  1. Judgments 505
  2. Advisory Opinions 505
  3. Pending cases as at 31 December 2005 505
B. International Tribunal for the Law of the Sea 506
  1. Judgments 506
  2. Pending cases as at 31 December 2005 506
C. International Criminal Court 507
D. International Criminal Tribunal for the former Yugoslavia 508
  1. Judgments delivered by the Appeals Chamber 508
  2. Judgments delivered by the Trial Chambers 508
E. International Criminal Tribunal for Rwanda 509
  1. Judgments delivered by the Appeals Chamber 509
  2. Judgments delivered by the Trial Chambers 509
F. Special Court for Sierra Leone 510
  1. Judgments 510
  2. Decisions of the Appeals Chamber 510
  3. Decisions of the Trial Chambers 510
G. Extraordinary Chambers in the Courts of Cambodia 510
Chapter VIII. Decisions of national tribunals View PDF file
  Canada 511
  Annex: Chart of the United Nations 515

Part Four. Bibliography

Bibliography View PDF file
A. International organizations in general
  1. General 519
  2. Particular questions 519
B. United Nations
  1. General 521
  2. Principle organs and subsidiary bodies
General Assembly 524
International Court of Justice 524
Secretariat 527
Security Council 528
  3. Particular questions or activities
Aviation Law 531
Collective security 531
Commercial arbitration 531
Consular Relations 532
Definition of aggression 532
Diplomatic relations 533
Disarmament 533
Environmental questions 534
Financing 535
Friendly relations and cooperation among States 535
Human rights 535
International administrative law 539
International criminal law 540
International economic law 541
International terrorism 541
International trade law 543
International tribunals 545
International waterways 552
Intervention and humanitarian intervention 552
Jurisdiction 553
Law of armed conflict 553
Law of the sea 554
Law of treaties 556
Narcotic drugs 556
Natural resources 556
Non-governmental organizations 557
Outer space law 557
Peaceful settlement of disputes 558
Peacekeeping and related activities 558
Political and security questions 561
Progressive development and codification of international law (in general) 562
Refugees 563
Self-defence 563
Self-determination 564
State responsibility 564
State sovereignty 566
Trusteeship 566
Use of force 566
C. Intergovernmental organizations related to the United Nations
Food and Agriculture Organization 569
International Atomic Energy Agency 569
International Centre for Settlement of Investment Disputes 570
International Labour Organization 570
International Monetary Fund 570
International Telecommunication Union 571
United Nations Educational, Scientific and Cultural Organization 571
World Bank Group 571
World Health Organization 571
World Intellectual Property Organization 572
World Trade Organization 572