| 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 |
75 |
| B. |
General review of the activities of intergovernmental organizations related to the United Nations |
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| |
1. |
International Labour Organisation |
100 |
| |
2. |
Food and Agriculture Organization of the United Nations |
101 |
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3. |
United Nations Educational, Scientific and Cultural Organization |
105 |
| |
4. |
International Civil Aviation Organization |
111 |
| |
5. |
World Health Organization |
114 |
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6. |
World Bank |
115 |
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7. |
International Monetary Fund |
117 |
| |
8. |
World Meteorological Organization |
120 |
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9. |
Inter-Governmental Maritime Consultative Organization |
121 |
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10. |
International Atomic Energy Agency |
122 |
| Chapter IV. Treaties concerning international law concluded under the auspices of the
United Nations and related intergovernmental organizations |
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Treaties concerning international law concluded under the auspices of the United Nations |
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Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques. Opened for signature and ratification on 18 May 1977 |
125 |
| 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. 208 (21 April 1976): Broadhurst v. Secretary-General of the United Nations |
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Request of a former technical assistance expert for reimbursement of repatriation travel expenses incurred after he had resigned for health reasons before completing one year of service—Staff rule 207.24 |
129 |
| |
2. |
Judgement No. 209 (23 April 1976): Corrado v. Secretary-General of the United Nations |
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Request of a former staff member for payment of compensation for losses resulting from a burglary at his personal domicile—Paragraph 3 (a) (ii) of administrative instruction ST/AIIl49—Condition relating to the existence of special hazards—Compensation for damage resulting from the theft of professional documents from a United Nations warehouse—Obligation of the Claims Board to assess the damage completely |
130 |
| |
3. |
Judgement No. 210 (26 April 1976): Reid v. Secretary-General of the United Nations |
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Dismissal for unsatisfactory conduct of a staff member holding a permanent Appointment—Discretionary power of the Secretary-Genneral to determine and define what constitutes unsatisfactory conduct—Advisory nature of the reports of the Joint Disciplinary Committee and the Joint Appeals Board—Competence of the Tribunal to review the respondent's decision if such decision is based on a mistake of facts or is arbitrary or motivated by prejudice or by other extraneous considerations—Lack of competence of the Tribunal to give binding force to a recommendation of the Joint Appeals Board to treat the separation of the applicant as an agreed termination |
131 |
| |
4. |
Judgement No. 211 (5 October 1976): Hamo v. Secretary-General of the United Nations |
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Request for the reopening of a case by the Advisory Board on Compensation Claims—Discretionary power of the Secretary-General in the case—Obligation of the Secretary-General not to exercise that power unreasonably or arbitrarily—Limits of the Tribunal's power to assess conclusions based on medical opinion |
132 |
| |
5. |
Judgement No. 212 (11 October 1976): Ayah v. Secretary-General of the United Nations |
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Request for rescission of a decision refusing the award of a UNITAR training fellowship—The applicant could not reasonably think that the respondent was legally bound by information given orally by an official of that body—Lack of competence of the Tribunal to consider the application |
133 |
| |
6. |
Judgement No. 213 (14 October 1976): Johnson v. Secretary-General of the United Nations |
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Termination of a former staff member holding a probationary contract after the end of the third year of probation—Characteristics of the probationary contract: its duration, its purpose, and the procedure to be followed in terminating it |
135 |
| |
7. |
Judgement No. 214 (14 October 1976): EI-Naggar v. Secretary-General of the United Nations |
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Measures taken by the respondent to give effect to an earlier judgement—Consideration by the Tribunal of the question whether in taking those measures, the respondent fulfilled the obligations imposed on him by that judgement |
137 |
| |
8. |
Judgement No. 215 (15 October 1976): Ogley v. Secretary-General of the United Nations |
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Request of a former staff member for payment of compensation for injury imputable to the conduct of a UNDP representative—Competence of the Tribunal to hear a case in which the applicant alleges the breach of his implicit terms of employment—Charges of defamation, professional injury and personal injury—Fixing of the compensation to be paid to the applicant for the personal injury sustained by him |
138 |
| B. |
Decisions of the Adminstrative Tribunal of the International Labour Organization |
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| |
1. |
Judgement No. 265 (12 April 1976) : Pessus v. European Organization for the Safety of Air Navigation (EUROCONTROL) |
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Complaint impugning a decision cancelling payment of a bonus to a staff member—The Director-General is empowered to change, in the interest of efficiency, the duties assigned to his subordinates—Limits of the Tribunal's power of review with regard to decisions taken in exercise of that power |
140 |
| |
2. |
Judgement No. 266 (12 April 1976): Anciaux v. European Southern Observatory (ESO) |
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| |
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Complaint impugning a decision not to renew a fixed-term contract—Limits of the Tribunal's power of review with regard to such a decision |
140 |
| |
3. |
Judgement No. 267 (12 April 1976): De v. Food and Agriculture Organization of the United Nations |
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Complaint submitted by a former staff member holding a permanent contract, who became manager of a UNDP project and considered that he was therefore entitled to remain in the service of the Organization until the age of 65, the age-limit applicable to field staff—The relevant staff regulation merely embodies an option and does not signify that all field staff are entitled to remain in service until the age-limit—Limited power of review of the Tribunal with regard to decisions taken on the basis of that rule |
141 |
| |
4. |
Judgement No. 268 (12 April 1976): Ba v. World Health Organization |
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Complaint impugning a decision refusing to renew a fixed-term contract—Quashing of the impugned decision because it was based on considerations extraneous to the interest of the service |
142 |
| |
5. |
Judgement No. 269 (12 April 1976): Gracia de Mufiiz v. Food and Agriculture Organization of the United Nations |
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Complaint impugning a decision to transfer a staff member as a result of abolition of a post—Extent to which the abolition of a post is compatible with the rules of the international civil service—Principle that no organization is bound to adhere to the purposes and policies which it adopted at any particular time |
142 |
| |
6. |
Judgement No. 270 (12 April 1976): Breuckmann v. European Organization for the Safety of Air Navigation (EUROCONTROL) |
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Complaint submitted by a staff member stationed in Brussels and separated from his wife and child, both of whom were domiciled in Austria in the complainant's home town, with a view to obtaining, on the one hand, reimbursement of travel expenses for the wife and child and, on the other hand, the benefit of the school allowance at the higher rate provided for children attending school "away from the family home"—Receivability of the complain—Purpose of the provisions concerning the reimbursement of travel expenses of staff members and their families—In view of the purpose of the differential school allowance system it is necessary to consider, when the parents are separated, whether the payment of the allowance at the higher rate is justified if the child attends school at the place of residence of the parent who has custody of him |
144 |
| |
7. |
Judgement No. 271 (12 April 1976): Lopez-Vallarino v. Food and Agriculture Organization of the United Nations |
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Complaint concerning the modalities established by the Staff Rules for the reimbursement of home leave travel—Incompatibility of the relevant provisions of the Staff Rules with the letter and spirit of the provision of the Staff Regulations concerning home leave entitlement—Once framed, the regulation is conclusive and the Director-General is not authorized to apply it only when he is sure that it will not entail a loss for the Organization |
146 |
| |
8. |
Judgement No. 272 (12 April 1976): Carrillo v. Pan American Health Organization (PAHO) (World Health Organization) |
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Complaint submitted by a staff member recruited outside the United States, the country in which the Headquarters of the Organization is situated, with a view to obtaining recognition of the status of "internationally recruited staff" with effect from the date of her appointment—Breach by the respondent of the relevant provision of the Staff Rules—Question of the effects of the decision of the Tribunal on the complainant's entitlement to the benefits flowing from her international recruitment |
148 |
| |
9. |
Judgement No. 273 (12 April 1976): Grafstrom v. Food and Agriculture Organization of the United Nations |
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| |
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Application for interpretation of an earlier judgement |
149 |
| |
10. |
Judgement No. 274 (12 April 1976): Connolly-Battisti v. Food and Agriculture Organization of the United Nations |
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Complaint seeking withdrawal of reprimands for misconduct—Power of the Director-General, who has disciplinary control over all staff members, to warn as an alternative to a disciplinary measure—Limits of the Tribunal's power to review a measure which is not of a disciplinary nature—Difficulties inherent in the position of staff representative—Concept of misconduct—Principle of freedom of association |
150 |
| |
11. |
Judgement No. 275 (12 April 1976) : Steijn, Van Tuijl-Van den Harst, Voorn, Den Ouden-De Man and Lakwijk v. International Patent Institute |
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Complaint concerning the date on which individual regrading decisions effective upon the establishment of a new regime retroactive to 1 January 1971 should take effect—Receivability of the complaint—Quashing of the decisions making the regrading retroactive to 1 January 1974, the application of the new regime to the complainants having been delayed for reasons for which they were not responsible |
151 |
| |
12. |
Judgement No. 276 (4 October 1976): Tiarks v. European Organization for the Safety of Air Navigation (EUROCONTROL) |
152 |
| |
13. |
Judgement No. 277 (4 October 1977): Charbonnieras v. International Patent Institute |
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Complaint submitted by a staff member who had resigned, with a view to obtaining payment of the pension contributions paid by the employer on his behalf—Receivability of the complaint—According to the applicable texts, a staff member who has resigned is entitled only to reimbursement of his personal contributions plus simple interest—A statement of the Administrative Council contemplating the alignment of the salary scales of the Institute with those of the European Communities constitutes a simple declaration of intent and creates no right upon which staff members may rely |
152 |
| |
14. |
Judgement No. 278 (4 October 1976): Geisler, Giroud, Behmo, Armitano-Grivel, Leherte, Schrijvers, Phillips, Mahieu and Niveau de Villedary v. International Patent Institute |
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Complaints seeking to have quashed decisions relating to the staff pension scheme—Receivability of the complaints—Charge that the Administrative Council infringed commitments towards staff members |
153 |
| |
15. |
Judgement No. 279 (4 October 1976): De Buck v. European Southern Observatory (ESO) |
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Complaint impugning a decision not to renew a fixed-term appointment—Time-Iimit for filing complaints with the Tribunal—Rule concerning the exhaustion of internal means of redress |
154 |
| |
16. |
Judgement No. 280 (4 October 1976): Reda v. Food and Agriculture Organization of the United Nations |
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Complaint impugning a decision turning down the candidature of a staff member for a post for which he had applied—Receivability of complaint—Limits of the Tribunal's power of review with regard to decisions relating to the appointment of staff |
154 |
| |
17. |
Judgement No. 281 (4 October 1976): Helean v. Food and Agriculture Organization of the United Nations |
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Complaint impugning a decision rejecting the candidature of a staff member for a post for which he had applied—Limits of the Tribunal's power of review with regard to such a decision |
155 |
| |
18. |
Judgement No. 282 (4 October 1976): Pessus v. European Organization for the Safety of Air Navigation (EUROCONTROL) |
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Complaint seeking to have quashed a decision changing the duty station of an official—Power of the Director-General to assign each official by appointment or transfer to a post within his category—Limits of the Tribunal's power of review with regard to decisions taken in the exercise of that power |
155 |
| |
19. |
Judgement No. 283 (4 October 1976): Risbourque v. United Nations Educational, Scientific and Cultural Organization |
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Complaint seeking the removal of unfavourable performance reports from the personnel file of a staff member—Charges of procedural flaws, infringement of the right to a hearing and abuse of authority |
156 |
| |
20. |
Judgement No. 284 (4 October 1976): Lord v. Food and Agriculture Organization of the United Nations |
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Complaint impugning a decision depriving a staff member of his annual salary increment—Limits of the Tribunal's power of review with regard to such a decision—Charges of procedural flaws, erroneous evaluation of the facts and disregard of the right to a hearing |
156 |
| |
21. |
Judgement No. 285 (4 October 1976): Watson v. European Organization for the Safety of Air Navigation (EUROCONTROL) |
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Complaint concerning the method of calculating a retirement pension
—Application to salaries of a weighting factor designed to ensure that all staff members of the same grade wherever they may be working will enjoy the same purchasing power—Application of a similar system mutatis mutandis to retirement pensions—Provisions of the Regulations giving pensioners the choice between three currencies of payment cannot be interpreted as allowing them to benefit from both the weighting factor and a favourable development in exchange rates |
157 |
| Chapter VI. Selected legal opinions of the Secretariat 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. |
Law applicable to contracts concluded by the United Nations with private parties—Procedures for settling disputes arising out of such contracts—Relevant rules and practices |
159 |
| |
2. |
Protection of the United Nations emblem against unauthorized use under General Assembly resolution 92 (I) and the Paris Convention for the Protection of Industrial Property |
176 |
| |
3. |
Contractual obligation of the United Nations to reimburse a Member State on account of the destruction of a plane supplied by that State to UNMOGIP—Such an obligation must be met irrespective of whether it is covered by specific appropriations and independently of the ability of the Organization to collect damages from a third party responsible for the destruction |
177 |
| |
4. |
United Nations meetings held away from an established headquarters—Practice of concluding ad hoc agreements with host States regarding the arrangements for such meeting—Difficulties encountered with respect to the inclusion in such agreements of a standard liability clause |
178 |
| |
5. |
Procedure followed in certain instances where additions to the list of sponsors of draft resolutions were objected to by the original sponsors—Question whether this procedure should be followed with respect to States whose co-sponsorship is acceptable to the original sponsors |
180 |
| |
6. |
Order of priority of proposals under the rules of procedure of the General Assembly—Meaning of the phrase "in the order in which they are submitted" in rules 91 and 131—Duties of the Secretariat in this connexion |
181 |
| |
7. |
Order of voting of proposals before a Main Committee of the General Assembly—Under the rules of procedure of the Assembly, proposals whether submitted by Member States or by main or subsidiary bodies are voted on in the order of submission unless the Committee decides otherwise |
183 |
| |
8. |
Provisions and practice relating to the grant of observer status to intergovernmental organizations by the General Assembly, the Economic and Social Council, the United Nations Conference on Trade and Development and the Commission on Transnational Corporations |
183 |
| |
9. |
Habitat: United Nations Conference on Human Settlements—Request contained in the convening resolution that the Secretary-General invite all States to participate in the Conference—Practice of the Secretary-General in implementing an "all States" clause |
186 |
| |
10. |
Hearing of petitioners by the Fourth Committee of the General Assembl—An organization which is granted a hearing may, under normal practice and subject to a contrary decision of the Committee, make only one principal statement to be delivered by one single individual |
188 |
| |
11. |
Application of regulation 4.3 of the Financial Regulations to the United Nations Emergency Force (UNEF(II)) and to the United Nations Disengagement Observer Force (UNDOF) |
189 |
| |
12. |
Payment out of United Nations funds of travel expenses of representatives of Member States to the General Assembly—Conditions required for the travel of a representative member of a permanent mission to his capital city and return to be paid by the United Nations |
193 |
| |
13. |
Eventuality of the General Assembly failing to adopt for lack of the required two-thirds majority a scale of assessments for a given financial period—Responsibility of the General Assembly regarding (1) the expenses of the United Nations under the regular budget and (2) the provision of funds by apportionment or otherwise—Procedures for apportionment of expenses |
195 |
| |
14. |
Question whether the Committee on the Elimination of Racial Discrimination is a subsidiary organ of the General Assembly—Organs established under a treaty—The treaty provisions concerning the functioning of such organs cannot be overriden by General Assembly resolutions |
200 |
| |
15. |
Question whether the supply by a non-governmental organization of equipment in connexion with a nutrition and health education activity in Southern Rhodesia would contravene Security Council resolution 253 (1968)—Interpretation of Security Council resolution concerning Southern Rhodesia |
201 |
| |
16. |
Question whether compliance by a Member State with sanctions against Rhodesia could be treated as a contribution to a "peace-keeping" operation, the cost thereof being levied against all Member States in the form of compulsory budgetary assessments |
203 |
| |
17. |
Treaty provisions governing radio communications of project personnel of the United Nations Development Programme in the territory of a Member State hosting a regional commission—Scope of the relevant provisions of the Headquarters Agreement of the regional commission concerned |
205 |
| |
18. |
Standards of conduct to be observed by staff members of the United Nations outside professional activities—Staff members below the level of Assistant Secretaries General enjoy immunity from legal process only in respect of acts performed by them in their official capacity |
207 |
| |
19. |
Registration of treaties and international agreements under Article 102 of the Charter—Any action (including termination or denunciation) effecting a change in a registered treaty or international agreement must also be registered—Practice of the Secretariat as to registrability issues |
208 |
| |
20. |
Practice of the Secretary-General in his capacity as depositary of multilateral treaties regarding (1) reservations and objections to reservations relating to treaties not containing provisions in that respect (2) correction of errors in the original of a treaty |
209 |
| |
21. |
Participation of international organizations in various multilateral treaties deposited with the Secretary-General |
216 |
| |
22. |
Effect of general declarations made by new States on accession to independence in respect of succession to multilateral treaties rendered applicable to their territories before independence |
218 |
| |
23. |
International Convention on the Elimination of All Forms of Racial Discrimination—Legal effects of statements of interpretation and other declarations made at the time of ratification or accession—A decision by the Committee on the Elimination of Racial Discrimination that a reservation already accepted is incompatible with the object and purpose of the Convention would have no legal effect |
219 |
| |
24. |
International Cocoa Agreement 1975—Position of countries which express an intention to apply the agreement on a de facto basis pending formal notification of provisional application—Question of the participation of such countries, in the interim period, in the International Cocoa Council—Question whether a notification of "intention to apply the Agreement provisionally" can be legally considered to be equivalent to a notification of provisional application |
221 |
| |
25. |
Provision of the Headquarters Agreement between the United Nations and the United States of America barring service of process within the Headquarters District except with the consent of the Secretary-General—Immunity of the United Nations from measures of execution—Practice of the Organization with regard to judgement debts of staff members—Unavailability of staff members' pension fund entitlements to satisfy judgement debts |
223 |
| |
26. |
Privileges and immunities of a person designated by a Member State as a "member of its permanent mission to the United Nations with ambassadorial rank"—Automatic entitlement to diplomatic privileges and immunities of persons referred to in section 15, paragraphs 1 and 2 of the Headquarters Agreement of the United Nations—The reference in section 15, paragraph 2 of the Agreement to persons "agreed upon between the Secretary-General" and the host State refers to classes of persons and not to individuals—Entitlement of representatives of Member States to diplomatic privileges and immunities under section 11 of the Convention on the Privileges and Immunities of the United Nations—Interpretation of the phrase in that section "while exercising their functions and during their journey to and from the place of meeting"—Status of the permanent observer to the United Nations of an intergovernmental organization granted observer status by the General Assembly |
224 |
| |
27. |
Question whether minimum wage legislation enacted in a country should be deemed to apply in the case of foreign domestics forming part of the household of diplomatic agents or international organization personnel while stationed in the country concerned—Rationale underlying legislation allowing entry of foreign domestics of diplomatic agents and international organization personnel in the country where those officials are stationed—Review of existing practices |
230 |
| |
28. |
Immunity from suit and legal process of staff members of the United Nations in respect of acts performed by them in their official capacity—Such immunity is not a bar to the appearance of a staff member as a witness in judicial proceedings—It may be waived by the Secretary-General if, in his opinion, it would impede the course of justice and can be waived without prejudice to the interests of the United Nations |
234 |
| |
29. |
Decision rendered by a criminal court of the United States in a case involving a United Nations staff member appearing as complainant on behalf of the Organization—-It is exclusively for the Secretary-General and not for the judicial authorities of a host State to determine whether, in any given instance, a staff member has performed an official act or has acted in excess of authority and whether immunity should be waived—Procedures available for the settlement of disputes which might arise from determinations of the Secretary-General in those respects |
236 |
| |
30. |
Determination for United Nations purposes of the marital status of a staff member |
239 |
| B. |
Legal opinions of the secretariats of intergovernmental organizations related to the United Nations |
|
| |
1. |
International Labour Organisation |
241 |
| |
2. |
Universal Postal Union |
241 |
