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 |
37 |
B. |
General review of the activities of intergovernmental organizations related to the United Nations |
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I. |
International Labour Organisation |
65 |
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II. |
Food and Agriculture Organization of the United Nations |
66 |
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III. |
United Nations Educational, Scientific and Cultural Organization |
69 |
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IV. |
International Civil Aviation Organization |
75 |
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V. |
World Bank |
76 |
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VI. |
International Monetary Fund |
77 |
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VII. |
Universal Postal Union |
81 |
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VIII. |
Inter-Governmental Maritime Consultative Organization |
86 |
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IX. |
International Atomic Energy Agency |
87 |
Chapter IV. Treaties concerning international law concluded under the auspices of the
United Nations and related intergovernmental organizations |
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A. |
Treaties concerning international law concluded under the auspices of the United Nations |
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1. |
Convention on Registration of Objects Launched into Outer Space. Adopted by the General Assembly on 12 November 1974 |
89 |
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2. |
United Nations Conference on Prescription (Limitation) in the International Sale of Goods. Convention on the Limitation Period in the International Sale of Goods. Adopted by the Conference on 12 June 1974 and opened for signature on 14 June 1974 |
92 |
B. |
Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations |
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1. |
International Civil Aviation Organization |
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Resolution A 21-2 adopted by the Assembly at its twenty-first session. Amendment to Article 50 (a) of the Convention increasing the membership of the Council to thirty-three |
100 |
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2. |
Universal Postal Union |
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Second additional Protocol to the Constitution of the Universal Postal Union. Done at Lausanne on 5 July 1974 |
101 |
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3. |
Inter-Governmental Maritime Consultative Organization |
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Amendments to the IMCO Convention. Resolution A.315 (ES.V) adopted on 17 October 1974 at the fifth extraordinary session of the Assembly |
103 |
Chapter V. Decisions of administrative tribunals of the United Nations and related
intergovernmental organizations |
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A. |
Decisions of the Administrative Tribunal of the United Nations |
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1. |
Judgement No. 181 (19 April 1974): Nath v. Secretary-General of the United Nations |
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Application contesting a decision not to renew a fixed-term appointment |
105 |
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2. |
Judgement No. 182 (19 April 1974): Harpignies v. Secretary-General of the United Nations |
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Application alleging the existence on the part of the respondent of an obligation to maintain unchanged the purchasing power of a retirement pension adversely affected by the devaluation of the dollar |
106 |
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3. |
Judgement No. 183 (23 April 1974): Lindblad v. Secretary-General of the United Nations |
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Application seeking rescission of a decision of dismissal for serious misconduct—Right of every staff member involved in disciplinary proceedings to be accorded fair procedure |
108 |
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4. |
Judgement No. 184 (24 April 1974): Mila v. Secretary-General of the United Nations |
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Application contesting a decision terminating a permanent contract—Such a decision may not be taken until a complete, fair and reasonable procedure has been carried out |
109 |
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5. |
Judgement No. 185 (25 April 1974): Lawrence v. Secretary-General of the United Nations |
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Application seeking rescission of a decision to terminate a fixed-term appointment prior to its normal expiry, and payment of an education grant for the period of service not completed |
111 |
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6. |
Judgement No. 186 (26 April 1974): Smith v. United Nations Joint Staff Pension Board |
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Application seeking rescission of a decision ordering the payment of a child's benefit to the child itself—Interpretation of article 37 (a) of the Pension Fund Regulations and Administrative Rule J.2 (e) of the fund |
112 |
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7. |
Judgement No. 187 (26 April 1974): Quemerais v. Secretary-General of the United Nations |
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Application for revision of a judgement of the Tribunal, under article 12 of its Statute |
113 |
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8. |
Judgement No. 188 (4 October 1974): Sule v. Secretary-General of the United Nations |
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Application for revision of a judgement of the Tribunal under article 12 of its Statute |
114 |
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9. |
Judgement No. 189 (7 October 1974): Ho v. Secretary-General of the United Nations |
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Application requesting an investigation into alleged incidents of hostility towards the applicant |
115 |
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10. |
Judgement No. 190 (9 October 1974): Smith v. United Nations Joint Staff Pension Board |
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Application for revision of a judgement of the Tribunal under article 1 of its Statute |
116 |
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11. |
Judgement No. 191 (11 October 1974): De Olague v. Secretary-General of the Inter-Governmental Maritime Consultative Organization |
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Application seeking, (1) payment by the respondent organization of various travel and removal expenses (2) reimbursement for overtime and (3) payment of compensation for moral and material damage said to be due to the non-renewal of a fixed-term contract |
117 |
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12. |
Judgement No. 192 (11 October 1974): Levcik v. Secretary-General of the United Nations |
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Application contesting a decision refusing to renew a fixed-term appointment because of the refusal by the authorities of the applicant's country of origin to extend his secondment |
119 |
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13. |
Judgement No. 193 (16 October 1974): Addo v. Secretary-General of the United Nations |
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Application contesting a decision of the Joint Appeals Board declaring an appeal submitted after the expiry of the prescribed time-limit irreceivable |
121 |
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14. |
Judgement No. 194 (16 October 1974): Witmer v. Secretary-General of the United Nations |
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Application contesting a decision not to offer employment for medical reasons |
122 |
B. |
Decisions of the Adminstrative Tribunal of the International Labour Organization |
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1. |
Judgement No. 225 (6 May 1974): Lachs v. United Nations Educational, Scientific and Cultural Organization |
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Complaint submitted directly to the Tribunal in violation of the rule concerning the exhaustion of internal means of redress |
124 |
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2. |
Judgement No. 226 (6 May 1974): Schawalder-Vrancheva v. World Health Organization |
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Complaint impugning a decision designed, pursuant to a judgement of the Tribunal, to correct an earlier administrative decision—Limits of the Tribunal's authority to review a decision falling within the discretion of the Director-General |
125 |
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3. |
Judgement No. 227 (6 May 1974): Tufte v. Food and Agriculture Organization of the United Nations |
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Complaint requesting reinstatement lodged by an official who had previously resigned |
125 |
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4. |
Judgement No. 228 (6 May 1974): Remont v. Food and Agriculture Organization of the United Nations |
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Complaint impugning a decision refusing to upgrade a post held by an official under a fixed-term contract to the level of the post occupied by the same official under a previous contract |
126 |
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5. |
Judgement No. 229 (6 May 1974): Hrdina v. International Labour Organisation |
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Complaint impugning a decision not to renew a fixed-term contract—Limits of the Tribunal's authority to review such a decision |
127 |
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6. |
Judgement No. 230 (6 May 1974): Stracey v. Food and Agriculture Organization of the United Nations |
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Complaint submitted by a former associate participant in the United Nations Joint Staff Pension Fund claiming that he had been deprived of a pension as a result of an administrative oversight—Extent of the Tribunal's authority with regard to the determination of the duration of the contract to be offered to a candidate for employment |
127 |
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7. |
Judgement No. 231 (6 May 1974): Slethold v. General Agreement on Tariffs and Trade |
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Complaint submitted by a person who did not have a contractual relationship with an international organization which recognized the competence of the Tribunal |
128 |
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8. |
Judgement No. 232 (6 May 1974): Diaz v. United Nations Educational, Scientific and Cultural Organization |
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Complaint impugning a decision refusing to delete a performance report |
129 |
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9. |
Judgement No. 233 (6 May 1974): Alonso v. Pan American Health Organization (World Health Organization) |
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Complaint impugning a decision placing a promoted official at a lower salary level than that of her former grade |
130 |
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10. |
Judgement No. 234 (6 May 1974): Chawla v. World Health Organization |
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Request for compensation for loss in exchange value attributable to the delay of the Organization in making a payment |
131 |
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11. |
Judgement No. 235 (6 May 1974): McCubbin v. Food and Agriculture Organization of the United Nations |
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Complaint seeking payment of the compensation prescribed in the statutory provisions in the event of death attributable to the performance of official duties |
131 |
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12. |
Judgement No. 236(6 May 1974): Harrod v. International Labour Organisation |
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Irreceivability of a complaint concerning a decision which can no longer be impugned owing to the expiry of the time-limit and conduct of the Organisation which does not constitute a decision impugnable before the Tribunal |
132 |
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13. |
Judgement No. 237 (21 October 1974): George v. Food and Agriculture Organization of the United Nations |
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Complaint seeking the quashing of a decision to terminate an appointment on grounds of unsatisfactory servicey |
133 |
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14. |
Judgement No. 238 (21 October 1974): Zoganas v. International Labour Organisation |
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Complaint seeking the quashing of the decisions relating to the results of two competitions held by the Organisation to fill some of its posts |
133 |
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15. |
Judgement No. 239 (21 October 1974): Fox v. International Labour
Organisation |
134 |
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16. |
Judgement No. 240 (21 October 1974): Hopkirk v. Food and Agriculture Organization of the United Nations |
134 |
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17. |
Judgement No. 241 (21 October 1974): Santoni v. World Health Organization |
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Complaint seeking the quashing of a decision not to renew a fixed-term appointment |
134 |
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18. |
Judgement No. 242 (21 October 1974): Stom-Garnier v. European Organisation for the Safety of Air Navigation |
135 |
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19. |
Judgement No. 243 (21 October 1974): Riley v. International Labour Organisation |
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Complaint seeking the quashing of a decision not to renew a fixed-term appointment |
135 |
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20. |
Judgement No. 244 (21 October 1974): Ellouze v. International Labour Organisation |
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Complaint submitted by a locally recruited staff member with a view to obtaining non-local status |
136 |
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21. |
Judgement No. 245 (21 October 1974): Meyer v. International Atomic Energy Agency |
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Complaint seeking the quashing of a decision refusing to extend an appointment by the few days necessary to enable the person concerned to receive a pension |
136 |
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22. |
Judgement No. 246 (21 October 1974): Ronduen v. United Nations Educational, Scientific and Cultural Organization |
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Complaint alleging non-observance by the respondent Organization of its obligations under the Staff Regulations and Staff Rules with respect to the participation of its staff members in the United Nations Joint Staff Pension Fund |
138 |
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23. |
Judgement No. 247 (21 October 1974): Nemeth v. Food and Agriculture Organization of the United Nations |
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Complaint against a decision to withhold annual salary increment—Concepts of "unsatisfactory service" and "unsatisfactory conduct"—Grounds of insubordination |
139 |
Chapter VI. Selected legal opinions of the secretariats of the United Nations and related
intergovernmental organizations |
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A. |
Legal opinions of the Secretariat of the United Nations |
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1. |
Comments on the question of the responsibility of States with regard to the reparation for injuries incurred by agents of international organizations, in particular the United Nations |
142 |
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2. |
Comments on a draft agreement between the United Nations and a Member State on the. arrangements for a symposium to be held on the territory of that State under the auspices of the United Nations |
144 |
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3. |
Immunity of United Nations property and assets from search and from any other form of interference—Section 3 of the Convention on the Privileges and Immunities of the United Nations |
145 |
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4. |
Question of the exemption of the United Nations from value-added tax in a Member State |
146 |
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5. |
Exemption of the United Nations from excise duties and taxes on the sale of movable and immovable property forming part of the price to be paid — interpretation of Section 8 of the Convention on the Privileges and Immunities of the United Nations |
147 |
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6. |
Question whether the United Nations enjoys copyright in the speeches, tape recordings and summaries related to public hearings of the Group of Eminent Persons convened under Economic and Social Council resolution 1721 (LIII) and in tecnnical papers prepared for the Group |
148 |
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7. |
Question whether the first sentence of Article 19 of the Charter concerning the loss of vote in the General Assembly of Member States two years in arrears in the payment of their contributions has automatic application or is subject to a prior decision of the Assembly |
149 |
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8. |
Question whether the first sentence of Article 19 of the Charter concerning the loss of vote in the General Assembly of Member States two years in arrears in the payment of their contributions has automatic application or is subject to a prior decision of the Assembly |
156 |
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9. |
Request contained in General Assembly resolution 3184 C (XXVIII) that the Secretary-General bring that resolution to the attention of "all Member States, as well as all other States and Governments"—question whether this phrase should be interpreted in the same way as an "all States" clause |
157 |
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10. |
Question whether the expenses of the United Nations Emergency Force (UNEF) set up under Security Council resolution 340 (1973) and of the United Nations Disengagement Observer Force (UNDOF) set up under Security Council resolution 350 (1974) are "expenses of the Organization" within the meaning of Article 17, paragraph 2, of the Charter—Due dates of contributions from Member States to UNEF and UNDOF |
159 |
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11. |
Extent to which funds from private sources may be used for disaster relief under General Assembly resolution 2816 (XXVI) |
162 |
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12. |
Use of the term "consensus" in United Nations practice |
163 |
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13. |
Question of the participation in meetings of the functional commissions of the Economic and Social Council of States not members of the United Nations but members of a specialized agency or of the International Atomic Energy Agency or parties to the Statute of the International Court of Justice |
165 |
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14. |
Question whether a change of governmental affiliation or nationality of an expert would affect his membership in the Ad Hoc Working Group of Experts of the Commission on Human Rights |
166 |
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15. |
Representation of national liberation movements in the work of the Economic Commission for Africa |
167 |
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16. |
Question whether the establishment of a committee jointly by the United Nations Economic Commission for Asia and the Far East and the Food and Agriculture Organization of the United Nations would require formal approval by the Economic and Social Council |
171 |
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17. |
Use in resolutions, decisions or conclusions adopted by the Trade and Development Board or its subsidiary bodies of the words "as adopted" immediately following references to an existing resolution |
172 |
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18. |
Question whether the United Nations Industrial Development Organization may finance its operational activities by means of voluntary contributions from sources other than Governments |
174 |
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19. |
Question of the participation in the Preparatory Committee of the 1974 World Food Conference of States not members of the United Nations but members of a specialized agency or of the International Atomic Energy Agency or parties to the Statute of the International Court of Justice |
175 |
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20. |
Question of the termination of the Trusteeship Agreement for the Territory of New Guinea |
181 |
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21. |
Extent to which obligations of specialized agencies as regards relations with South Africa vary under the terms of paragraph 6 of General Assembly resolution 3118 (XXVIII) and of paragraph 13 of General Assembly resolution 3151 G (XXVUI) |
183 |
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22. |
Immunity of United Nations officials from legal process in respect of words spoken or written and all acts performed by them in their official capacity — Sections 18 and 20 of the Convention on the Privileges and Immunities of the United Nations |
187 |
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23. |
Extent of the immunity from local prosecution enjoyed by United Nations officials under existing international agreements |
188 |
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24. |
Publication of an article prepared by a former staff member while still in the service of the United Nations—Obligations deriving in this regard from Staff Regulation 1.5 |
189 |
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25. |
Position of the Secretary-General with respect to the discharge of administrative and depositary functions in relation to treaties concluded under the auspices of the United Nations |
190 |
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26. |
Formal aspects of the formulation and withdrawal of reservations to multilateral treaties in respect of which the Secretary-General performs depositary functions |
190 |
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27. |
Convention on a Code of Conduct for Liner Conferences—Practice followed by the Secretary-General with respect to reservations to a multilateral treaty in the absence of any provision in the treaty relating to the acceptance of reservations |
191 |
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28. |
Question whether a State which is a depositary for a multilateral agreement to which it is not a party can register such agreement with the Secretariat— Practice of the Secretary-General in this respect |
192 |
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29. |
Practice of the Secretariat with respect to the registration (or filing and recording) of a multilateral treaty by an intergovernmental organization in its capacity as depositary of the treaty |
193 |
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30. |
Agreement establishing the Asian Rice Trade Fund — Methods of altering the existing provisions of the Agreement |
194 |
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31. |
International Sugar Agreement, 1973—Authorities competent to sign the relevant instrument of ratification or effect approval of the Agreement |
195 |
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32. |
Procedure for extending the International Coffee Agreement, 1968, as extended |
197 |
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33. |
Status of Dominica, St. Lucia and St. Vincent, dependent territories of the United Kingdom, in respect of the International Cocoa Agreement,1972 |
197 |
B. |
Legal opinions of the secretariats of intergovernmental organizations related to the United Nations |
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Food and Agriculture Organization of the United Nations |
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Question whether Staff Rule 302.40643 is consistent with article V1I1.3 of the FAO Constitution |
199 |