Chapter I. Legislative texts concerning the legal status of the United Nations and related inter-governmental &organizations |
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Barbados |
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Notice |
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The Pensions Act, 1947 (Act 1947-20): service determined by His Excellency the Governor-General to be public service for the purposes of the above Act |
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2. |
Fiji |
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(a) |
An Act to amend the Diplomatic Privileges and Immunities Act, 1971 |
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(b) |
Diplomatic Privileges and Immunities Act, 1971 (No. 26 of 1971) |
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(i) Diplomatic Privileges (International Organisations) Order, 1972 |
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(ii) Amendment of Sixth Schedule |
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3. |
Hungary |
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Legislative decree of the Presidential Council on the procedure to be followed in the case of diplomatic or other immunities |
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4. |
Somalia |
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Decree of the Secretary of State for Foreign Affairs |
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Privileges of United Nations and Specialized Agencies |
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5. |
United Kingdom of Great Britain and Northern Ireland |
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(a) |
The Inter-Governmental Maritime Consultative Organization (Immunities and Privileges) (Amendment) Order 1972 |
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(b) |
The second United Nations Conference on the Standardization of Geographical Names (Immunities and Privileges) Order 1972. |
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6. |
United States of America |
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(a) |
An Act to Amend Title 18, United States Code, to Provide for Expanded Protection of Foreign Officials and for Other Purposes |
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(b) |
Amendment to United States Code of Federal Regulations |
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(c) |
Communication dated 6 December 1972, from the Acting Director of the United States Federal Bureau of Investigation to the Heads of all Law Enforcement Agencies in the United States |
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Chapter II. Treaty provisions concerning the legal status of the United Nations and related
intergovernmental organizations |
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A. |
Treaty provisions concerning the legal status of the United Nations |
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1. |
Convention on the Privileges and Immunities of the United Nations. Approved by the General Assembly of the United Nations on 13 February 1946 |
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2. |
Agreements relating to meetings and installations |
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3. |
Agreements relating to the United Nations Children's Fund: revised model Agreement concerning the activities of UNICEF |
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4. |
Agreements relating to the Technical Assistance Sector of the United Nations Development Programme: revised Standard Agreement concerning technical assistance |
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5. |
Agreements relating to the Special Fund Sector of the United Nations Development Programme: Standard Agreement concerning assistance from the United Nations Development Programme (Special Fund) |
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6. |
Convention on the Privileges and Immunities of the United Nations. Approved by the General Assembly of the United Nations on 13 February 1946 |
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7. |
Agreements concerning assistance from the World Food Programme. |
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Exchange of letters constituting an Agreement between the United Nations and the Government of the Republic of Cyprus concerning the status of the United Nations Peace-Keeping Force in Cyprus. New York, 31 March 1964 |
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Exchange of letters constituting an Agreement amending paragraph 38 of the above-mentioned Agreement. Nicosia, 17 April 1972 |
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B. |
Treaty provisions concerning the legal status of the intergovernmental organizations related to the United Nations |
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1. |
Convention on the Privileges and Immunities of the specialized agencies. Approved by the General Assembly of the United Nations on 21 November 1947 |
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2. |
Food and Agriculture Organization of the United Nations |
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3. |
United Nations Educational, Scientific and Cultural Organization |
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4. |
International Atomic Energy Agency |
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Chapter III. General review of the legal activities of the United Nations and related
intergovernmental organizations |
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A. |
General review of the legal activities of the United Nations |
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B. |
General review of the activities of intergovernmental organizations related to the United Nations |
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1. |
International Labour Organisation |
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2. |
Food and Agriculture Organization of the United Nations |
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3. |
United Nations Educational, Scientific and Cultural Organization |
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4. |
International Civil Aviation Organization |
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5. |
International Bank for Reconstruction and Development |
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6. |
International Monetary Fund |
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7. |
Universal Postal Union |
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8. |
Inter-Governmental Maritime Consultative Organization |
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9. |
International Atomic Energy Agency |
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Chapter IV. Treaties concerning international law concluded under the auspices of the
United Nations and related inter-governmental organizations |
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Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations |
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International Labour Organisation |
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Instrument for the Amendment of the Constitution of the International
Labour Organisation, adopted by the Conference at its fifty-seventh session, Geneva, 22 June 1972 |
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2. |
United Nations Educational, Scientific and Cultural Organization |
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(a) |
Amendments to the Constitution of the United Nations Educational, Scientific and Cultural Organization. Adopted by the General Conference at its seventeenth session |
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(b) |
Convention concerning the protection of the world cultural and national heritage. Adopted by the General Conference at its seventeenth session, Paris, 16 November 1972 |
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3. |
Inter-Governmental Maritime Consultative Organization |
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(a) |
Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material. Done at Brussels on 17 December 1971 |
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(b) |
International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Supplementary to the International Convention on Civil Liability for Oil Pollution Damage,
1969). Done at Brussels on 18 December 1971 |
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International Atomic Energy Agency |
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Convention relating to Civil Liability in the Field of Maritime Carriage
of Nuclear Material. Done at Brussels on 17 December 1971 |
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Chapter V. Decisions of administrative tribunals of the United Nations and related
intergovernmental bodies |
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A. |
Decisions of the Administrative Tribunal of the United Nations |
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1. |
Judgement No. 153 (14 April 1972): Jayaram v. United Nations Joint Staff Pension Board |
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Request for the commutation into a lump sum of a pension payable at the minimum annual rate—Interpretation of article 29 (d) of the Pension Fund Regulations |
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2. |
Judgement No. 154 (18 April 1972): Monasterial v. Secretary-General of the United Nations |
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Decision to withhold payment of a special post allowance—Granting of such an allowance is a matter within the Secretary-General's discretion —Criterion applied by the defendant organization to determine whether a staff member has assumed "the full duties and responsibilities of a post at a higher level than his own" |
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3. |
Judgement No. 155 (19 April 1972): Belaineh v. Secretary-General of the United Nations |
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Decision to withhold payment of a special post allowance |
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4. |
Judgement No. 156 (20 April 1972): Garnett v. Secretary-General of the United Nations |
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Calculation of salary at promotion—-According to the provisions of the relevant Staff Rule a staff member who is promoted shall receive compensation, during the first year following promotion, in the amount of one step in the new position's salary scale more than he would have received without a promotion |
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5. |
Judgement No. 157 (26 April 1972): Nelson v. Secretary-General of the United Nations |
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Termination of a permanent appointment—Right of the Administration, in case of plurality of grounds for termination, to rely on the ground of its choice —Requirement of a complete, fair and reasonable procedure. |
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6. |
Judgement No. 158 (28 April 1972): Fasla v. Secretary-General of the United Nations |
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Non-renewal of a fixed-term contract—Obligation of the respondent with regard to periodic reports—Annulment of a periodic report which was prejudiced—Commitment by the respondent to make every effort to find another assignment for the applicant—Failure to fulfil this commitment —Question of which allowances are payable in a case where an assignment for one year or more is cut short |
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Judgement No. 159 (4 October 1972): Grangeon v. Secretary-General of the United Nations |
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Time-limit for filing of appeals before the Joint Appeals Board—Claims found unfounded or frivolous by the Board—Such claims not receivable by the Tribunal |
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Judgement No. 160 (9 October 1972): Acinapura v. Secretary-General of the United Nations |
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Decision refusing payment of post adjustment "at the dependency rate"—Definition of the term "child" for the purposes of the Staff Regulations and the Staff Rules |
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9. |
Judgement No. 161 (10 October 1972): Noel v. Secretary-General of the United Nations |
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Termination for abolition of post of a staff member holding a permanent appointment—Allegation that the Joint Appeals Board which considered the matter had been improperly constituted—Obligation of the respondent with regard to the reassignment of a locally recruited staff
member |
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10. |
Judgement No. 162 (10 October 1972): Mullan v. Secretary-General of the United Nations |
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Application contesting a decision denying a staff member payment of her husband's travel expenses in connexion with her home leave—Any staff member who invokes non-compliance with his contract and his terms of appointment may have recourse to sources of law other than the
provisions of the Staff Regulations and Rules—Under the Staff Regulations, the Organization pays the travel expenses of "dependants"—The staff rule which makes a distinction between wife and husband with regard to the payment of travel expenses in connexion with home
leave is contrary to Article 8 of the Charter—The provision that entitles a female staff member to payment of her husband's travel expenses only if he is a "dependent husband" is consistent with the Staff Regulations |
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Judgement No. 163 (11 October 1972) : Touhami v. Secretary-General of the United Nations |
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Application for revision of a judgement of the Tribunal—Rejection of the application on the ground of expiration of the time-limit. |
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12. |
Judgement No. 164 (12 October 1972): Sabillo v. Secretary-General of the United Nations |
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Application for rescission of a decision of termination |
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13. |
Judgement No. 165 (20 October 1972): Kahale v. Secretary-General of the United Nations |
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Application directed, on the one hand, against measures which allegedly imposed discriminatory conditions of service on the applicant and, on the other hand, against a decision concerning the applicant's transfer—Measures which were not administrative decisions cannot be the subject of an appeal to the Joint Appeals Board—Rule that an application shall not be receivable unless the dispute has first been submitted to the appeals body provided for in the Staff Regulations—The Secretary-General's power to relieve a staff member of his duties or invest him with other duties—The head of a unit is competent to reassign a staff member within his unit—An application for relief for injury resulting from an improper decision must be incident to an application for rescission of the decision in question |
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14. |
Judgement No. 166 (20 October 1972): Kahale v. Secretary-General of the United Nations (Request for remand of case) |
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Application for the sole purpose of obtaining remand of the case for correction of procedure and denying the Tribunal an opportunity to render a decision on the merits—Non-receivability of such application—Objections to Joint Appeals Board proceedings—Concept of res judicata—Non-receivability of appeals to Joint Appeals Board on the ground of non-observance of the provisions of the Staff Regulations or Rules with regard to another staff member |
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B. |
Decisions of the Adminstrative Tribunal of the International Labour Organization |
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Judgement No. 187 (15 May 1972): Jakesch v. International Atomic Energy Agency |
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Complaint impugning a decision made by a national court—The Tribunal is not competent to hear such a complaint |
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2. |
Judgement No. 188 (15 May 1972): Dutreilly v. United Nations Educational, Scientific and Cultural Organization |
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Complaint seeking the rescinding of a decision falling within the discretion of the Director-General—Limits of the Tribunal's authority to review such a decision |
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Judgement No. 189 (15 May 1972): Smith v. World Health Organization |
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Request that a period of absence should be regarded as sickness leave—Obligation of any staff member on sickness leave to submit to the administration such reports on his condition as the Staff Physician shall require |
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4. |
Judgement No. 190 (15 May 1972): Waliullah v. United Nations Educational Scientific and Cultural Organization |
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Complaint impugning a decision not to renew a fixed-term contract—Death of the complainant during the course of proceedings—The person succeeding to the rights of a decedent may not submit any claims to the Tribunal other than those which the decedent himself was entitled to
present |
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Judgement No. 191 (15 May 1972): Ballo v. United Nations Educational, Scientific and Cultural Organization |
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Complaint seeking the rescinding of a decision not to renew a fixed-term contract—Limits of the Tribunal's authority to review such a decision—Illegality of a decision based on a partial assessment of the work of a staff member |
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Judgement No. 192 (13 November 1972): Baracco v. World Health
Organization |
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Complaint impugning a decision to terminate the appointment of a staff member during his probationary period on medical grounds—Such a decision lies within the Director-General's discretion |
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Judgement No. 193 (13 November 1972): Bergin v. United Nations Food and Agriculture Organization |
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Claim submitted by a staff member for compensation for damages—Such damages can only serve as the basis for a claim for compensation before the Tribunal if they flow from an unlawful decision by the Director- General |
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Judgement No. 194 (13 November 1972): Vrancheva v. World Health Organization |
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Decision to terminate a probationary contract—Quashing of the decision as being based on insufficient grounds—Remittal of the case to the Director-General |
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Judgement No. 195 (13 November 1972): Chawla v. World Health
Organization |
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Request for the quashing of a decision not to renew a fixed-term appointment |
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Judgement No. 196 (13 November 1972): Tewfik v. United Nations Educational, Scientific and Cultural Organization |
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Complaint seeking either reclassification of a post to a specific grade or a transfer to a post at that grade —Irreceivability of claims submitted for the first time by the complainant in his rejoinder subsequent to the expiry of the prescribed time-limit for appeals—The rule concerning exhaustion of internal appeal procedures—The rule that when an appointment is made it must be assumed that the authority making it has had the opportunity of choosing between a number of possible candidates, except in cases where a candidate has been deprived of his post after a long period of service |
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11. |
Judgement No. 197 (13 November 1972): Sternfield v. World Health
Organization |
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Termination of an appointment at the end of the probationary period—Authority competent to prepare periodic reports on a staff member— Limits of the Tribunal's authority with regard to decisions falling within
the discretion of the Director-General |
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Chapter VI. Selected legal opinions of the Secretariat of the United Nations and related
intergovernmental organizations |
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Legal opinions of the Office of Legal Affairs of the United Nations |
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1. |
Question of the possible accession of intergovernmental organizations to the Geneva Conventions for the protection of war victims |
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2. |
Decision of the Secretary-General to withdraw the accreditation of the correspondents of the "Central News Agency of China"—Accreditation policy of the United Nations—By deciding in resolution 2758 (XXVI) to "recognize the representatives of the People's Republic of China as the only representatives of China to the United Nations", the General Assembly ipso facto decided on recognition of a Government |
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3. |
Proposal that the United Nations join with a Member State in sponsoring the award to a person or an institution of a prize in the field of human environment—Question whether there are legal objections to such a proposal |
156 |
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4. |
Question whether the United Nations may claim exemption from "production dutries" levied on gasoline by a Member State |
158 |
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5. |
Facilities accorded to observers at United Nations conferences and meetings held away from Headquarters |
159 |
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6. |
Requirement under Article 18, paragraph 2 of the Charter that decisions of the General Assembly on budgetary questions be made by a two-thirds majority—Questions which may be characterized as budgetary questions. |
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7. |
Convention on the Elimination of Racial Discrimination—Question whether under the Convention the Committee on the Elimination of Racial Discrimination may solicit or use information from sources other than States Parties to the Convention—Conditions under which a co-operation could be established between the Committee and ILO and UNESCO bodies dealing with discrimination |
163 |
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8. |
Ad Hoc Committee on Co-operation between UNDPand UNIDO—Participation of specialized agencies—Question whether Member States not members of the Committee may participate in its work |
168 |
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9. |
Question whether a State not member of the United Nations may address the Economic and Social Council or attend a session of the Council. |
170 |
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10. |
Voting by correspondence in the Commission of Narcotic Drugs under Commission resolution 1 (XX)—Arrangements which the Secretary-General is empowered to make under the resolution |
171 |
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11. |
Procedure to be followed with respect to a possible application for associate membership in the Economic Commission for Asia and the Far East for the Trust Territory of the Pacific Islands |
172 |
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12. |
Participation of a State not member of the United Nations as an observer in the Economic Commission for Asia and the Far East—Requirement of a specific decision of the Economic and Social Council to that effect. |
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13. |
Question whether non-governmental organizations not in consultative status with the Economic and Social Council may be invited to send observers to the second Asian Population Conference |
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Request of a non-governmental organization to participate with observer status in the United Nations Cocoa Conference—Question whether it is within the competence of the Conference to take action on such a request. |
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15. |
United Nations Conference on Trade and Development—Various courses open to the Conference to achieve the enlargement of the Trade and Development Board |
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Adoption of an instrument or instruments to give effect to the amendments approved by the United Nations Conference to Consider Amendments to the Single Convention on Narcotic Drugs, 1961—Form of such an instrument or instruments |
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Extent to which a diplomatic conference can impose on the Secretary-General or other organs of the United Nations duties and obligations in regard to the implementation of any instrument the conference could adopt |
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Adoption by the authorities of a Member State of an Act providing for various controls over the renewal and issue of passports—Extent to which such an Act might hinder the Organization in the execution of its functions and place certain staff members or candidates to secretariat posts at a disadvantage |
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19. |
Privileges and immunities of locally recruited staff members of the United Nations—Obligation of Member States under Article 105 of the Charter to accord all staff members whether internationally or locally recruited such privileges and immunities as are necessary for the independent exercise of their functions—Principle of equity among members and equality among personnel of the United Nations, asserted in General Assembly resolution 78 (I) of 7 December 1946 |
190 |
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20. |
Privileges and immunities of United Nations officials who are nationals or residents of the local State—Any State Party to the Convention on the Privileges and Immunities of the United Nations has the obligation to resolve possible conflicts between its income tax legislation and the terms of the Convention by adapting its laws to the Convention |
191 |
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21. |
Section 19 (b) of the Convention on the Privileges and Immunities of the Specialized Agencies—The salaries and emoluments paid by specialized agencies should not be taken into account in setting the rate of tax on non-exempt income—Co-operation required from staff members in lawfully minimizing their taxes |
193 |
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22. |
Question whether the provisions of Articles 39 and 41 of the United Nations Charter on sanctions which may be decided on by the Security Council are exclusive of all other collective sanctions imposed by other means. |
194 |
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23. |
Draft articles on succession of States in respect of treaties—Procedure followed by the World Health Organization concerning the succession of newly independent States to WHO regulations |
195 |