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

Last update: February 9, 2018

2013

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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 5
    (a) Exchange of letters constituting an agreement between the United Nations and the Government of the People’s Republic of China on the holding of the United Nations International Meeting in support of Israeli-Palestinian Peace in Beijing from 18 to 19 June 2013 Geneva on 7 June 2013 and New York on 17 June 2013 5
    (b) Agreement between the Government of the Federal Democratic Republic of Ethiopia and the United Nations regarding the establishment of the United Nations Office to the African Union Addis Ababa, 13 June 2013 9
    (c) Agreement between the United Nations and the Government of the Kingdom of Bahrain regarding arrangements for the 2013 United Nations Public Service Forum New York, 19 June 2013 16
    (d) Exchange of letters constituting an agreement between the United Nations and the Government of the Federal Republic of Germany concerning the applicability, mutatis mutandis, of the Agreement of 10 November 1995 between the Federal Republic of Germany and the United Nations concerning the Headquarters of the United Nations Volunteers and the Exchange of Notes of the same date between the Administrator of the United Nations Development Programme and the Permanent Representative of Germany to the United Nations concerning the interpretation of certain provisions of the Agreement (hereinafter referred to as the “UNV Headquarters Agreement”) to the Office of the United Nations Platform for Space-based Information for Disaster Management and Emergency Response (UN-SPIDER) in the Federal Republic of Germany—Vienna, 18 January 2013 and 8 May 2013 21
  3. Other agreements 24
    (a) Memorandum of understanding between the United Nations and the International Criminal Court concerning cooperation between the United Nations Operation in Côte d’Ivoire (UNOCI) and the International Criminal Court New York, 4–5 June 2013 and The Hague, 12 June 2013 24
    (b) Agreement between the United Nations and the Government of the Republic of Iraq on the transfer of funds for compensation of the Iraqi private citizens whose assets remained on Kuwaiti territory following the demarcation of the international boundary between Iraq and Kuwait Baghdad, 26 May 2013 44
    (c) Memorandum of understanding between the United Nations and the Government of the Republic of Estonia concerning contributions to the United Nations Standby Arrangements System New York, 16 May 2013 47
    (d) Exchange of letters constituting an agreement between the United Nations and the Government of Norway concerning the website for the United Nations Regular Process New York, 26 November 2012 and 17 January 2013 50
  4. United Nations Development Programme 52
      Standard Basic Assistance Agreement between the Government of the Kingdom of Tonga and the United Nations Development Programme Nuku’alofa, 28 January 2013 52
B. Treaties concerning the legal status of intergovernmental organizations related to the United Nations 62
  1. Convention on the Privileges and Immunities of the Specialized Agencies. Approved by the General Assembly of the United Nations on 21 November 1947 62
  2. International Labour Organization 62
  3. United Nations Educational, Scientific and Cultural Organization 63
      Privileges and immunities 63
      Damage and accidents 63
  4. Food and Agriculture Organization of the United Nations 64
    (a) Agreements regarding the establishment of FAO representations and offices 64
    (b) Agreements for hosting meetings of FAO bodies 64
    (c) Framework Agreement for providing premises, logistic and administrative support 64
  5. United Nations Industrial Development Organization 65
    (a) Implementation Agreement between the United Nations Industrial Development Organization, the United Nations Environment Programme and the Ministry of Environment and Sanitation of Mali regarding the implementation of a project in Mali entitled “Reducing mercury risks from artisanal and small scale gold mining (ASGM) in Mali”, signed on 26 July, 2 and 20 September 2013 65
    (b) Agreement between the United Nations Industrial Development Organization and the Government of Peru relating to the arrangements for the fifteenth session of the General Conference of UNIDO, signed on 23 September 2013 66
    (c) Framework programme on cooperation between the United Nations Industrial Development Organization and the Government of the Republic of Belarus for 2013–2017, signed on 1 October 2013 70
    (d) Agreement between the United Nations Industrial Development Organization and the Ministry of Industry and Mines of the Gabonese Republic regarding the establishment of a trust fund for the implementation of a project in Gabon entitled “Renforcement des capacités en production et analyse de statistiques industrielles au Gabon”, signed on 1 October 2013 70
  6. Organisation for the Prohibition of Chemical Weapons 70
      Agreement between the Organisation for the Prohibition of Chemical Weapons and the Republic of Chile on the privileges and immunities of the OPCW 70
  7. International Atomic Energy Agency 78

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 81
  2. Peace and Security  
    (a) Peacekeeping missions and operations 81
    (b) Political and peacebuilding missions 89
    (c) Other bodies 96
    (d) Missions of the Security Council 98
    (e) Action of Member States authorized by the Security Council 99
    (f) Sanctions imposed under Chapter VII of the Charter of the United Nations 102
    (g) Terrorism 110
    (h) Humanitarian law and human rights in the context of peace and security 112
    (i) Piracy 113
    (j) Transnational organized crime 114
  3. Disarmament and related matters  
    (a) Disarmament machinery 115
    (b) Nuclear disarmament and non-proliferation issues 117
    (c) Biological and chemical weapons issues 121
    (d) Conventional weapons issues 124
    (e) Regional disarmament activities of the United Nations 127
    (f) Outer space (disarmament aspects) 129
    (g) Other disarmament measures and international security 130
  4. Legal aspects of peaceful uses of outer space  
    (a) Legal Subcommittee on the Peaceful Uses of Outer Space 131
    (b) General Assembly 133
  5. Human Rights  
    (a) Sessions of the United Nations human rights bodies and treaty bodies 134
    (b) Racism, racial discrimination, xenophobia and all forms of discrimination 138
    (c) Right to development and poverty reduction 141
    (d) Right of peoples to self-determination 142
    (e) Economic, social and cultural rights 144
    (f) Civil and political rights 151
    (g) Rights of the Child 159
    (h) Migrants 163
    (i) Internally displaced persons 164
    (j) Minorities 165
    (k) Indigenous issues 167
    (l) Terrorism and human rights 169
    (m) Promotion and protection of human rights 171
    (n) Persons with disabilities 174
    (o) Contemporary forms of slavery 174
    (p) Other 175
  6. Women  
    (a) United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) 178
    (b) Commission on the Status of Women 179
    (c) Economic and Social Council 180
    (d) General Assembly 181
    (e) Security Council 183
  7. Humanitarian matters  
    (a) Economic and Social Council 184
    (b) General Assembly 185
    (c) Security Council 186
  8. Environment  
    (a) United Nations Climate Change Conference in Warsaw 191
    (b) Economic and Social Council 192
    (c) General Assembly 193
  9. Law of the Sea  
    (a) Reports of the Secretary-General 197
    (b) Consideration by the General Assembly 199
  10. Crime prevention and criminal justice  
    (a) Conference of the Parties to the United Nations Convention against Corruption 200
    (b) Commission on Crime Prevention and Criminal Justice 200
    (c) Economic and Social Council 202
    (d) General Assembly 202
  11. International drug control  
    (a) Commission on Narcotic Drugs 203
    (b) Economic and Social Council 204
    (c) General Assembly 205
  12. Refugees and displaced persons  
    (a) Executive Committee of the Programme of the United Nations High Commissioner for Refugees 206
    (b) General Assembly 206
  13. International Court of Justice  
    (a) Organization of the Court 207
    (b) Jurisdiction of the Court 208
    (c) General Assembly 208
  14. International Law Commission  
    (a) Membership of the Commission 209
    (b) Sixty-fifth session of the International Law Commission 209
    (c) Sixth Committee 212
    (d) General Assembly 212
  15. United Nations Commission on International Trade Law  
    (a) Forty-sixth session of the Commission 213
    (b) General Assembly 217
  16. Legal questions dealt with by the Sixth Committee and other related subsidiary bodies of the General Assembly  
    (a) Responsibility of States for internationally wrong acts 217
    (b) Diplomatic protection 219
    (c) Consideration of prevention of transboundary harm from hazardous activities and allocation of loss in the case of such harm 221
    (d) The law of transboundary aquifers 223
    (e) Criminal accountability of United Nations officials and experts on mission 225
    (f) United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law 227
    (g) Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization 228
    (h) The rule of law at the national and international levels 231
    (i) The scope and application of the principle of universal jurisdiction 233
    (j) Measures to eliminate international terrorism 235
    (k) Administration of justice at the United Nations 239
    (l) Report of the Committee on Relations with the Host Country 241
    (m) Observer Status in the General Assembly 243
    (n) Revitalization of the work of the General Assembly 244
  17. Ad hoc international criminal tribunals  
    (a) International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda 245
    (b) General Assembly 247
    (c) Security Council 247
B. General review of the legal activities of intergovernmental organizations related to the United Nations  
  1. International Labour Organization  
    (a) Treaty provisions concerning the legal status of the International Labour Organization (ILO) 248
    (b) Resolutions adopted by the International Labour Conference during its 102nd Session (Geneva, June 2013) 248
    (c) Entry into force of International Labour Conventions 251
    (d) Legal Advisory Services and Training 252
    (e) Committee on Freedom of Association 253
    (f) Representations submitted under article 24 of the ILO Constitution and complaints made under article 26 of the ILO Constitution 253
  2. Food and Agricultural Organization of the United Nations  
    (a) Membership of the Food and Agriculture Organization (FAO) 253
    (b) Constitutional and general legal matters 254
    (c) Activities in respect of multilateral treaties 256
    (d) Legislative matters 256
  3. United Nations Educational, Scientific and Cultural Organization  
    (a) International regulations 258
    (b) Human Rights 259
    (c) Copyright activities 260
  4. World Health Organization  
    (a) Constitutional developments 260
    (b) Other normative developments and activities 260
    (c) Status on new instruments 264
  5. International Monetary Fund  
    (a) Membership 264
    (b) Issues pertaining to representation at the IMF 265
    (c) Key policy decisions of the IMF 265
  6. International Civil Aviation Organization  
    (a) Depositary actions in relation to multilateral air law instruments 270
    (b) Activities of ICAO in the legal field 270
  7. International Maritime Organization  
    (a) Membership of the organisation 273
    (b) Review of the legal activities undertaken by the IMO Legal Committee 273
    (c) Adoption of amendments to conventions and protocols 277
  8. Universal Postal Union 281
  9. World Meteorological Organization  
    (a) Membership 282
    (b) Agreements and other arrangements concluded in 2013 282
  10. World Intellectual Property Organization  
    (a) Service: Facilitating international IP protection 285
    (b) Law: Global IP laws and standards 286
    (c) Development: Using IP to support economic development 289
    (d) Reference: Access to IP and IP Information 290
  11. International Fund for Agricultural Development  
    (a) Membership 291
    (b) Partnership agreements and memoranda of understanding 291
    (c) Legal developments and other 292
  12. United Nations Industrial Development Organization  
    (a) Constitutional matters 294
    (b) Lima Declaration: Towards inclusive and sustainable industrial development 294
    (c) Agreements and other arrangements concluded in 2013 294
  13. Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization  
    (a) Membership 294
    (b) Legal status, privileges and immunities and international agreements 295
    (c) Legislative assistance activities 295
  14. International Atomic Energy Agency  
    (a) Membership 296
    (b) Treaties under IAEA’s auspices 296
    (c) IAEA legislative assistance activities 299
    (d) Conventions 300
    (e) Civil liability for nuclear damage 300
    (f) Safeguards agreements 301
  15. Organisation for the Prohibition of Chemical Weapons (OPCW)  
    (a) Membership 301
    (b) Legal status, privileges and immunities and international agreements 302
    (c) Review of the Chemical Weapons Convention 302
    (d) Legislative assistance 304
    (e) Other normative developments and activities of the policy-making organs 305
  16. World Trade Organization  
    (a) Membership 307
    (b) Dispute settlement 308
    (c) Main decisions of the General Council and the 2013 Ministerial Conference 310
    (d) Acceptances of the protocols amending the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Government Procurement Agreement (GPA) 312
  17. International Criminal Court (ICC) 312
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 315
B. Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations  
  1. World Intellectual Property Organization 315
Chapter V. Decisions of Administrative Tribunals of the United Nations and related intergovernmental organizations View PDF file
A. United Nations Dispute Tribunal  
  1. Judgment No. UNDT/2013/090 (26 June 2013): Candusso v. Secretary-General of the United Nations  
    Legal standing to bring a claim—Payslips constitute administrative decisions that may be appealed—Staff members are not required to exhaust consultative or negotiation mechanisms prior to filing an application with the Tribunal—Variation of contract—Acquired rights—Acquiescence to a variation—Waiver of a right—Legitimate expectation 318
  2. Judgment No. UNDT/2013/102 (12 August 2013): Galbraith v. Secretary-General of the United Nations  
    Termination in the interest of the Organization—Secretary-General’s authority to terminate appointment of an Assistant-Secretary-General—Types of separation from service—Requirement to disclose reasons for termination—Interests of a peacekeeping mission are interests of the Organization—Secretary-General’s discretion in determining interest of the Organization 320
  3. Judgment No. UNDT/2013/109 (26 August 2013): Saffir v. Secretary-General of the United Nations  
    Staff Union elections—Judicial review of claims relating to Staff Union elections—Staff Union Arbitration Committee has the authority to issue binding ruling on Staff Union matters—International labour standards require non-interference by management into Staff Union elections—Secretary-General has no legal basis with the rulings of the Staff Union Arbitration Committee or the format or conduct of elections—Certain Staff Union-related matters that may constitute misconduct under the Organization’s Regulations and Rules, may give rise to initiation of appropriate procedures 322
  4. Judgment No. UNDT/2013/155 (2 December 2013): A-Ali et al v. Secretary-General of the United Nations  
    Receivability—Time limits for seeking management evaluation and filing an application with the Dispute Tribunal—Applicant’s responsibility to pursue his or her own case—Applicants are not absolved of errors or oversight by counsel regarding the applicable time limits—Test for abuse of process—Costs 323
  5. Judgment No. UNDT/2013/176 (20 December 2013): Nguyen-Kropp and Postica v. Secretary-General of the United Nations  
    Standards that apply with respect to preliminary investigations—Test for reason to believe that misconduct may have occurred—Retaliation—Test for establishing whether retaliation took place—Burden of proof in cases of alleged retaliation—Principles for determining compensation—Legal costs (attorney fees) as compensable economic loss—Median compensation for non-pecuniary harm as a reference point in assessing compensation 325
B. Decisions of the United Nations Appeals Tribunal  
  1. Judgment No. 2013-UNAT-303 (28 March 2013): O’Hanlon v. Secretary-General of the United Nations  
    Conversion of fixed-term appointment into permanent appointment—Criteria for conversion to a permanent appointment—Five years of continuous service under fixed-term appointments—Status of UNRWA staff member and Secretariat staff members—Fixed-term appointment under the 100 series of the Staff Rules 329
  2. Judgment No. 2013-UNAT-343 (21 June 2013): Larghi v. United Nations Joint Staff Pension Board  
    Application of the consumer price index (CPI) to the Pension Adjustment System (PAS)—Purchasing power of a recipient’s benefit—Protection of pension against inflation—Conversion of the United States dollar pension amount into local currency—Unjust and aberrant results under paragraph 26 of the PAS 330
  3. Judgment No. 2013-UNAT-357 (17 October 2013): Malmström et al. v. Secretary-General of the United Nations  
    Conversion of ICTY staff members appointment into permanent appointment—Finite mandate of ICTY staff member—Discretionary authority in matters of permanent appointment—Consequences of the rescission of a decision—Staff members’ right to be considered for conversion 331
  4. Judgment No. 2013-UNAT-368 (17 October 2013): Roig v. Secretary-General of the United Nations  
    Deadline to request management evaluation—Time bar—Commencement date of the time limit—Discretion to waive the deadline for management evaluation or administrative review—Irreceivability of the application ratione temporis 334
  5. Judgment No. 2013-UNAT-370 (17 October 2013): Bi Bea v. Secretary-General of the United Nations  
    Separation from service due to the abolition of the post—Compensation for the non-renewal of the appointment—Compensation for moral injuries—Execution of the JAB’s recommendations—Limits of the UNDT’s power to award costs—Improper use of the proceedings of the court 335
  6. Judgment No. 2013-UNAT-379 (17 October 2013): Andersson v. Secretary-General of the United Nations  
    Promotion—Failure to comply with the procedure for completion of the promotion exercise—Victim of a procedural violation—Rescission of the decision not to promote—Alternative compensation—Evidence of moral harm—Claim for moral damages 336
C. Decisions of the Administrative Tribunal of the International Labour Organization 337
  1. Judgment No. 3152 (6 February 2013): International Fund for Agricultural Development (IFAD) v. A.T.S.G.  
    A request for the advisory opinion from the ICJ does not imply the suspension of the execution of a judgment—Judgments of the Tribunal are final and without appeal—Compensation for the moral injury caused by the protracted failure to execute the judgments—Imposition of a penalty for flagrant lack of goodwill to honour obligations 338
  2. Judgment No. 3156 (6 February 2013): A.B. and C.S. v. International Telecommunication Union (ITU)  
    Bodies responsible for defending interests of international organizations’ staff members before the administration enjoy broad freedom of speech and freedom of communication—Rights to freedom of speech and to freedom of communication do not encompass action that impairs the dignity of the international civil service—Lawfulness of a mechanism for the prior authorisation of messages 340
  3. Judgment No. 3159 (6 February 2013): M.F. v. World Health Organization (WHO)  
    Obligations of the organization towards staff members following the abolition of the post—The Organization’s duty to use reasonable efforts to reassign a staff member applies only in case of fixed term appointment—Clear evidence is required to demonstrate that short-term contracts are adopted as device to deny staff members the protection of an otherwise applicable rule 341
  4. Judgment No. 3163 (6 February 2013): M.Z. v. International Organization for Migration (IOM)  
    Power not to renew a fixed-term contract represents a legitimate exercise of the administration’s discretionary authority—Abolition of position for lack of funding does not involve an error of law—Notice to the employee about the non-renewal of the fixed-term contract—Compensation for loss of opportunity 342
  5. Judgment No. 3182 (6 February 2013): M.H. v. International Labour Organization (ILO)  
    Discretionary power of the Director-General to make appointments—Technical panels provide the foundation for objective assessment—Principles of equality, impartiality and transparency—Priority given to applications of transfer over claims to promotion applies only where the qualifications of the applicants are equal—Anti-union discrimination 344
  6. Judgment No. 3188 (6 February 2013): H.S. v. International Atomic Energy Agency (IAEA)  
    Failure to provide in a timely manner an updated job description represents a breach of the Applicant’s rights to be compensated—In the absence of clear evidence suggesting that the recruitment panel was led into factual error the selection process cannot be reviewed—Breach of the duty of care occasioned by egregious delays in addressing the internal appeals 345
  7. Judgment No. 3192 (6 February 2013): E.P.-M. v. World Health Organization (WHO)  
    Implied rejection under article VII, paragraph 3, of the Tribunal’s Statute—Forwarding of the claim to the advisory appeal body constitutes a decision upon the claim under article VII, paragraph 3, of the Tribunal’s Statute—Failure to exhaust the internal appeal procedure—Charge of harassment must be supported by specific facts—Burden of proving harassment falls on the Applicant 347
  8. Judgment No. 3200 (4 July 2013): A.A. v. Food and Agriculture Organization of the United Nations (FAO)  
    Investigation on abuse of authority and on harassment conducts—Egregious delays in the investigation and in addressing the internal proceedings represent a violation of the Organization’s duty of care—Staff member’s right of due process to know the name of the accuser and the allegations—Conflict of interest during the investigation 348
  9. Judgment No. 3203 (4 July 2013): A.J.H.B. v. International Telecommunication Union (ITU)  
    Staff members are not entitled to employment benefits on the basis of a spousal relationship with same-sex marriage under Staff Regulations and Rules—Same-sex recognition is a matter not justiciable before the Tribunal—The ITU Council is free to decide whether to amend Regulations and Rules 350
  10. Judgment No. 3206 (4 July 2013): A.M.K. v. World Intellectual Property Organization (WIPO)  
    Cancellation of a position—Cause of action in seeking the setting aside of the decision to give a post to another candidate—The complaint is not moot if the decision has been implemented and produced legal effects—Recruitment based upon competition—Exceptions to the principle of recruitment based upon competition are allowed only in specific cases and with a proper justification 351
  11. Judgment No. 3214 (4 July 2013): J.H.V.M. v. European Patent Organisation (EPO)  
    The Organization enjoys broad discretion when deciding upon re-appointment requests—The President of the Office is competent to decide whether to propose the re-appointment—The administrative authority must base itself on the provisions in force at the time it takes the decision—The Organization is not under a duty to provide information of its own accord—Interest of the service—Preference to fill positions with new staff members 352
  12. Judgment No. 3222 (4 July 2013): A.R.B.B. v. United Nations Industrial Development Organization (UNIDO)  
    Procedures for the prosecution of internal appeals—The internal remedies are not exhausted if the claims are briefly analysed—Request for disclosure of documents—Right to obtain the requested documents in a timely manner 353
  13. Judgment No. 3225 (4 July 2013): S.N. v. World Intellectual Property Organization (WIPO)  
    Conversion of short-term contracts into fixed-term contracts—Rights of short-term employees to impugn a decision before the Tribunal—The Tribunal has competence over cases involving misuse of the rules governing short-term contracts—Time-limit to file an application with the Tribunal—A long succession of short-term contracts gives rise to a legal relationship equivalent to that on which permanent staff members may rely on 354
  14. Judgment No. 3238 (4 July 2013): M.-J.C., P.D., M.F., C.G. and D.K. v. Centre for the Development of Enterprise (CDE)  
    Abolition of post in case of restructuring—Greater efficiency and budgetary savings as legitimate cause for restructuring—Lack of competence—Duty to find alternative employments before terminating the appointment—Duty to inform staff members about the abolition of the post—Burden of proof—Right to be heard before any unfavourable decision is taken—Material damages for the unlawful removal of the post 356
  15. Judgment No. 3239 (4 July 2013): B.G.G. v. Centre for the Development of Enterprise (CDE)  
    Corruption and fraud—Release of information concerning fraudulent practices—Assessment report—Dismissal for unsatisfactory performance—Non-receivability of appeals against final decision—Time bar—Exhaustion of internal appeals—Assessment presupposes information about the objectives—Objectivity of the assessment—Role of the second-level supervisor in the assessment 357
D. Decisions of the World Bank Administrative Tribunal  
  1. Decision No. 473 (13 February 2013): Ramesh Bhatia v. International Bank for Reconstruction and Development  
    Commencement date to challenge a policy—Tribunal’s jurisdiction over a policy that directly affects the employment rights of a staff member—Mandatory enrolment in medical insurance plan for retirees—Allegations of discrimination—Principle of parallelism does not bind international organizations 359
  2. Decision No. 476 (13 February 2013): CB v. International Bank for Reconstruction and Development  
    Misconduct—Tribunal’s scope of review of a disciplinary case—Reckless failure to observe generally applicable norms of prudent professional conduct—Harassment contributing to a hostile work environment—Definition of harassment does not require hostile or abusive conduct—Abuse of discretion 360
  3. Decision No. 478 (3 October 2013): David Tanner v. International Bank for Reconstruction and Development  
    Termination of employment for abandonment of office—Failure, without acceptable excuse, to perform official duties for a continuous period of time—E-mail correspondence and adequate method of communication—Requirement of a reasonable notice of period—Timeliness of an application 362
  4. Decision No. 484 (3 October 2013): Daniel Lecuona v. International Bank for Reconstruction and Development  
    Requirements prior to approving spousal support claims on staff member’s pension—Section 5.1(c) of the Staff Retirement Plan—Effect of national court orders—Finality of national court order creating an immediate legal obligation 363
E. Decisions of the Administrative Tribunal of the International Monetary Fund 364
  1. Judgment No. 2013–2 (13 March 2013): Mr. B. Tosko Bello v. International Monetary Fund  
    Policy against re-hiring of former staff members who voluntarily separated under a downsizing exercise—Meaning of a regulatory decision—Time limit to challenge a regulatory decision—Extent of the employer discretionary authority—Value of the individual decision taken on the basis of a void regulatory decision—Rescission of policy—Rescission of individual decision—Compensation 364
  2. Judgment No. 2013–4 (9 October 2013): Mr. “HH” v. International Monetary Fund  
    Request for anonymity—Conversion of a fixed-term appointment into an open-ended appointment—Abuse of discretionary power—Managerial discretion to evaluate staff performance—Legitimate expectations before the decision on conversion—Violation of the IMF internal rules—Value of the consent to transfer—Compensable harms as a result of a decision to transfer—Rescission of the non-conversion decision 366
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) Note to the Ministry of Foreign Affairs of [State], concerning privileges and immunities extended to locally-recruited staff who are nationals of [State] 369
    (b) Note to the Ministry of Foreign Affairs of [State], concerning privileges and immunities enjoyed by certain categories of United Nations personnel in [State] 371
    (c) Note to the Ministry of Foreign Affairs of [State], concerning the privileges and immunities of a [United Nations entity] and its officials from legal process initiated against it by a former service contractor 377
    (d) Note to the Secretary for Foreign Affairs of [State], concerning the taxation of nationals employed by the United Nations 381
    (e) Note to the Secretary-General from the Legal Counsel, concerning the extension of the privileges and immunities of the officials of the Special Court for Sierra Leone and the Residual Special Court for Sierra Leone 384
    (f) Request for review and clearance of draft Memorandum of Understanding between [the Secretariat Office] and United Nations Volunteers 386
  2. Procedural and institutional issues  
    (a) Inter-office memorandum to the Assistant Secretary-General and Deputy Executive Director of the United Nations Environment Programme, concerning the rules of procedure and participation issues of the first universal session of the Governing Council 387
    (b) Inter-office memorandum to the Executive Secretary of the United Nations Economic and Social Commission for Western Asia (ESCWA), concerning proposal to change the name of the Commission 389
    (c) Inter-office memorandum to [a Secretariat Office], concerning the terms of reference for the Scientific Advisory Board to the Secretary-General 390
    (d) Inter-office memorandum to the Legal Adviser of [a Secretariat Office], concerning partnership arrangements with entities that would engage in cause-related marketing campaigns using a logo of the [Secretariat Office’s Campaign] 393
    (e) Note to [United Nations Mission] concerning the use of United Nations license plates 398
    (f) Inter-office memorandum to the Executive Office of the Secretary-General, concerning the bestowing of an award to the Secretary-General from the President of a Member State 399
    (g) Inter-office memorandum to the Officer-in-Charge of the International Civil Service Commission (ICSC), concerning a request from a Member State to provide information and clarification on a number of issues within the purview of the ICSC 400
  3. Procurement  
      Inter-office memorandum to the Director, Procurement Division, Office of Central Support Services, concerning effective competition in public procurement 402
B. Legal opinions of the secretariat of intergovernmental organizations related to the United Nations  
    United Nations Industrial Development Organization 404
    (a) Internal e-mail message to a UNIDO Branch, concerning updated requirements for the employment of private household help 404
    (b) External e-mail message to the Permanent Mission of [State], concerning [State]’s [Year] contribution language 405
    (c) Inter-office memorandum to the Secretary of the Joint Appeals Board (JAB), concerning a request for the JAB to recommend suspension of action on an administrative decision 406
    (d) Internal e-mail message to a Human Resource Specialist, concerning an offer of settlement to [UNIDO staff] 409
    (e) Internal e-mail message concerning the legal basis for UNIDO tax exemption in [State] 411
    (f) Internal e-mail message to a UNIDO Director, concerning the rules for the election of an External Auditor at General Conference (15th session) 413
    (g) Internal e-mail message to a UNIDO Head of Operation concerning income tax and pension status of local employees in [State] 414

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 419
  1. Judgments 419
  2. Advisory Opinions 419
  3. Pending cases and proceedings as at 31 December 2013 419
B. International Tribunal for the Law of the Sea 420
  1. Judgments 420
  2. Advisory Opinions 420
  3. Pending cases and proceedings as at 31 December 2013 420
C. International Criminal Court 421
    Situations and cases before the Court as at 31 December 2013  
    (a) Situation in Uganda 422
    (b) Situation in the Democratic Republic of the Congo 422
    (c) Situation in Darfur, the Sudan 423
    (d) Situation in the Central African Republic 423
    (e) Situation in Kenya 423
    (f) Situation in Libya 424
    (g) Situation in Côte d’Ivoire 424
    (h) Situation in Mali 425
D. International Criminal Tribunal for the former Yugoslavia 425
  1. Judgments delivered by the Appeals Chamber 425
  2. Judgments delivered by the Trial Chambers 425
E. International Criminal Tribunal for Rwanda 426
  1. Judgments delivered by the Appeals Chamber 426
  2. Judgments delivered by the Trial Chambers 426
F. The International Residual Mechanism for International Criminal Tribunals 426
  1. Judgments delivered by the Appeals Chamber 427
  2. Judgments delivered by the Trial Chambers 427
G. Special Court for Sierra Leone and Residual Special Court for Sierra Leone 427
  1. Judgments delivered by the Appeals Chamber of the SCSL 428
  2. Judgments delivered by the Trial Chambers of the SCSL 428
H. Extraordinary Chambers in the Courts of Cambodia 428
    Judgments 429
I. Special Tribunal for Lebanon 429
    Judgments 429
Chapter VIII. Decisions of national tribunals View PDF file
A. The United Mexican States  
  1. Amparo directo DT-558/2013, [Petitioner], Cuarto Tribunal Colegiado en Materia de Trabajo del Primo Circuito  
    Extent of immunity depends on the nature of the act underlying the claim—A distinction must be made between acts jure imperii and acts jure gestionis in determining whether the immunity from national jurisdiction applies to the claim—Acts representing a manifestation of the exercise of sovereign powers must enjoy full immunity from jurisdiction—Acts performed by a State or an Organization in the same fashion as any private person are justiciable before national courts—The immunities granted to international organizations are exclusively based on states’ willingness—Inadmissibility of submission of two complaints based upon the same employment relationship before two different systems of justice 431

Part Four. Bibliography

Bibliography View PDF file
A. International organizations in general  
  1. General 435
  2. Particular questions 435
  3. Responsibility of international organizations 435
B. United Nations  
  1. General 436
  2. Principal organs and subsidiary bodies 438
    General Assembly 438
    International Court of Justice 438
    Secretariat 441
    Security Council 441
C. Intergovernmental organizations related to the United Nations  
  1. Food and Agriculture Organization 444
  2. General Agreement on Tariffs and Trade 444
  3. International Atomic Energy Agency 444
  4. International Centre for Settlement of Investment Disputes 445
  5. International Civil Aviation Organization 445
  6. International Fund for Agricultural Development 445
  7. International Labour Organization 445
  8. International Maritime Organization 446
  9. International Monetary Fund 446
  10. Organisation for the Prohibition of Chemical Weapons 447
  11. United Nations Educational, Scientific and Cultural Organization 447
  12. World Bank Group 447
  13. World Health Organization 448
  14. World Intellectual Property Organization 448
  15. World Trade Organization 448
D. Other Legal Issues  
  1. Aggression 450
  2. Aviation law 450
  3. Collective security 451
  4. Commercial arbitration 451
  5. Consular relations 452
  6. Diplomatic protection 452
  7. Diplomatic relations 453
  8. Disarmament 453
  9. Environmental questions 454
  10. Friendly relations and cooperation among States 456
  11. Human rights 456
  12. International administrative law 461
  13. International commercial law 462
  14. International criminal law 462
  15. International economic law 465
  16. International terrorism 466
  17. International trade law 466
  18. International tribunals 467
  19. International waterways 471
  20. Intervention and humanitarian intervention 472
  21. Law of armed conflict 474
  22. Law of the sea 476
  23. Law of treaties 479
  24. Membership and representation 480
  25. Most favoured nation clause 480
  26. Natural resources 480
  27. Non-governmental organizations 480
  28. Outer space law 481
  29. Peaceful settlement of disputes 481
  30. Peacekeeping and related activities 482
  31. Piracy 483
  32. Political and security questions 484
  33. Progressive development and codification of international law (in general) 484
  34. Recognition of States 485
  35. Refugees and internally displaced persons 485
  36. Rule of law 485
  37. Self-defence 486
  38. Self-determination 486
  39. State immunity 487
  40. State responsibility 488
  41. State sovereignty 489
  42. Transitional justice 489
  43. Use of force 490
Annex. Organizational Chart of the United Nations System 492