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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1. |
Disarmament and related matters |
43 |
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2. |
Other political and security questions |
50 |
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3. |
Economic, social and humanitarian activities |
55 |
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4. |
Third United Nations Conference on the Law of the Sea |
61 |
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5. |
International Court of Justice |
64 |
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6. |
International Law Commission |
65 |
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7. |
United Nations Commission on International Trade Law |
66 |
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8. |
Other legal questions |
68 |
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9. |
United Nations Institute for Training and Research |
71 |
B. |
General review of the activities of intergovernmental organizations related to the United Nations |
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1. |
International Labour Organisation |
71 |
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2. |
Food and Agriculture Organization of the United Nations |
73 |
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3. |
United Nations Educational, Scientific and Cultural Organization |
78 |
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4. |
International Civil Aviation Organization |
82 |
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5. |
World Health Organization |
84 |
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6. |
World Bank |
85 |
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7. |
International Monetary Fund |
86 |
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8. |
International Telecommunication Union |
90 |
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9. |
World Meteorological Organization |
90 |
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10. |
Inter-Governmental Maritime Consultative Organization |
91 |
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11. |
International Atomic Energy Agency |
92 |
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 the United Nations |
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Additional Protocols to the Geneva Conventions of 12 August 1949. Adopted by the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts on 8 June 1977 |
95 |
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. 216 (14 April 1977): Ogley v. Secretary-General of the United Nations |
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Application seeking revision of a judgement of the Tribunal on the ground that the applicant's counsel failed to exercise adequate diligence owing to his impending retirement. |
143 |
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2. |
Judgement No. 217 (15 April 1977): Vandersypen v. Secretary-General of the International Civil Aviation Organization |
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Application seeking compensation for non-enjoyment of home leave entitlement and of the entitlement to education travel to the duty station for a dependent child attending school away from the duty station |
144 |
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3. |
Judgement No. 218 (19 April 1977): Trenczak v. Secretary-General of the United Nations |
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Application contesting two successive decisions declining to reopen a case relating to the award of compensation for illness attributable to the performance of official duties — Rescission of the two decisions on the ground that they were based on an "unreasonable and arbitrary" refusal by the Advisory Board on Compensation Claims to accept evidence which could have led to a reconsideration of its assessment of the applicant's disability |
144 |
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4. |
Judgement No. 219 (19 April 1977): Pochonet v. Secretary-General of the United Nations |
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Application contesting a decision to terminate a permanent appointment for unsatisfactory services — A complete, fair and reasonable procedure must be carried out prior to such decision. |
145 |
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5. |
Judgement No. 220 (20 April 1977): Hilaire v. Secretary-General of the United Nations |
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Application contesting a decision to terminate an appointment for abandonment of post. |
146 |
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6. |
Judgement No. 221 (21 April 1977): Berube v. Secretary-General of the International Civil Aviation Organization |
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Application by a staff member who accepted the replacement of her appointment with an appointment at a lower grade — Question whether the offer of the new appointment is an administrative decision and whether the resulting contract of acceptance is subject to appeal to the internal appeals body — Reasons for which a contract of employment is voidable |
147 |
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7. |
Judgement No. 222 (25 April 1977): Archibald v. Secretary-General of the United Nations |
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Application contesting summary dismissal for serious misconduct — Discretionary power of the Secretary-General in the matter. |
148 |
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8. |
Judgement No. 223 (26 April 1977): Ibañez v. Secretary-General of the United Nations |
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Application contesting a decision to make no change in a periodic report — Rescission of the decision as being based on an appraisal which was contrary to the assessment contained in the periodic report |
148 |
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9. |
Judgement No. 224 (28 April 1977): Aouad v. United Nations Joint Staff Pension Board |
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Application seeking the award of a disability benefit — Decision by the Tribunal to defer its judgement pending a ruling by the ILO Administrative Tribunal on the applicant's request for reinstatement in the service of WHO |
149 |
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10. |
Judgement No. 225 (6 October 1977): Sandys v. Secretary-General of the United Nations |
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Application contesting a decision to terminate an appointment under staff regulation 9.1 (a) — Power of the Tribunal to review the regularity of the procedure prior to the decision in question |
150 |
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11. |
Judgement No. 226 (12 October 1977): Aouad v. United Nations Joint Staff Pension Board |
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Award of a disability benefit by the WHO Staff Pension Committee Refusal of the Secretary of the Pension Board to certify the benefit on the ground that, at the time of separation from service, the applicant had not exhausted his leave entitlement — Requirements of due process before the Standing Committee of the Pension Board — Rescission of the contested decision — Obligation of WHO to make, jointly with the Pension Fund, the necessary arrangements for implementation of the judgement. |
150 |
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12. |
Judgement No. 227 (12 October 1977): Hill v. Secretary-General of the United Nations |
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Award of compensation to the applicant for injury caused by a decision terminating his employment before the expiry of the probationary period agreed upon by the parties — Question whether, for the purpose of calculating the compensation, the applicant should have been accorded the same treatment as a staff member terminated immediately upon extension of his contract — Question of the applicability in the case in question of the provisions of the Staff Rules relating to salary increments |
151 |
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13. |
Judgement No. 228 (13 October 1977): Rivet v. United Nations Joint Staff Pension Board |
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Decision of the General Assembly establishing a new system of adjustment of pensions under which benefits which commenced before 1 January 1975 are subject to a ceiling, namely, the amount which would have been payable if the benefit had commenced on 1 January 1975 — Such ceiling to be calculated on the basis of the pensionable remuneration rates during the period from 1 January 1972 to 31 December 1974 of a position at the same level as that of the recipient of the benefit — Special case of the former holder of an ungraded post the salary for which was increased after the retirement of the person concerned — Question whether the pensionable remuneration in question should be that received by the person concerned before his retirement or that of the holder of the post during the period from 1 January 1972 to 31 December 1974 |
153 |
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14. |
Judgement No. 229 (14 October 1977): Squadrilli v. Secretary-General of the United Nations |
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Decision of the General Assembly permitting the recognition as pensionable of periods of service prior to their membership in the United Nations Joint Staff Pension Fund of staff members of UNRWA still in service on 31 December 1975-Decision of UNRWA extending coverage under that decision to a former staff member who retired in 1967 — Question whether the increased retirement benefits are payable as from 1 January 1976 or as from the date of retirement |
154 |
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15. |
Judgement No. 230 (14 October 1977): Teixeira v. Secretary-General of the United Nations |
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Competence of the Tribunal to hear, by consent of the parties, a dispute between the Organization and a person employed under a special service agreement and not having, under the terms of the agreement, the status of a United Nations staff member — Obligation of the Organization, as set forth in the Convention on the Privileges and Immunities of the United Nations and recognized in judgements of the United Nations and ILO Administrative Tribunals, to provide the safeguard of an appeals procedure to persons with whom it enters into contracts — Award of compensation to the applicant for damage suffered by reason of delay on the part of the Organization in providing him with an appeals procedure. |
155 |
B. |
Decisions of the Adminstrative Tribunal of the International Labour Organization |
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1. |
Judgement No. 286 (6 June 1977): Lemercier v. International Patent Institute |
157 |
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2. |
Judgement No. 287 (6 June 1977): Natus v. International Patent Institute |
158 |
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3. |
Judgement No. 288 (6 June 1977): Callewaert v. International Patent Institute |
158 |
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4. |
Judgement No. 289 (6 June 1977): Degraeve v. International Patent Institute |
158 |
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5. |
Judgement No. 290 (6 June 1977): Reekmans v. International Patent Institute |
158 |
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6. |
Judgement No. 291 (6 June 1977): Finkelstein v. United Nations Educational, Scientific and Cultural Organization |
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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 decisions |
158 |
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7. |
Judgement No. 292 (6 June 1977): Molloy v. European Organisation for the Safety of Air Navigation |
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Conditions for the payment of a special rate of educational allowance to officials of a nationality other than that of the country of their duty station — Amendment by "Office Notices" of the system established by the Rules of Application of the Staff Regulations of the Agency — Failure of the Agency to reply to a request for an interpretation of those Rules — Receivability of a complaint submitted in such circumstances — Substantive and formal conditions that must be met in order that Rules may be validly amended by an "Office Notice" |
158 |
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8. |
Judgement No. 293 (9 June 1977): Connolly-Battisti v. Food and Agriculture Organization of the United Nations |
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Complaint impugning a decision changing the description of a type of appointment |
161 |
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9. |
Judgement No. 294 (6 June 1977): Connolly-Battisti v. Food and Agriculture Organization of the United Nations |
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Reform of the step system of one of the grades of the General Service category having the effect of adding three additional steps to that grade — Situation of staff members who, at the time of the reform, had been at the highest step of that grade for several years — Decision of the Administration to grant those staff members, in implementation of the reform, the step immediately above the last step of the former system — Purpose of step increases — Principle of equal treatment of staff members |
161 |
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10. |
Judgement No. 295 (6 June 1977): Grenet v. International Labour Organisation |
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Complaint by a staff member seconded from a national administration referring to delay in his recruitment by the defendant organization and requesting various refunds |
163 |
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11. |
Judgement No. 296 (6 June 1977): Haglund v. International Labour Organisation |
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Complaint seeking compensation from an organization other than the defendant organization — Irreceivability of the complaint owing to expiry of the time-limit |
163 |
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12. |
Judgement No. 297 (6 June 1977): Loroch v. Food and Agriculture Organization of the United Nations |
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Decision not to renew a fixed-term appointment — Limits of the Tribunal's power of review with regard to such a decision — Advisory function of internal appeals bodies |
164 |
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13. |
Judgement No. 298 (6 June 1977): Gorner v. European Southern Observatory |
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Complaint falling outside the competence of the Tribunal in that it impugns a decision by a national court, and irreceivable by reason of expiry of the time-limit in that it is directed against a decision of the defendant organization |
164 |
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14. |
Judgement No. 299 (6 June 1977): Mollard v. International Labour Organisation |
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Complaint impugning a decision determining the level of a post — Limits of the Tribunal's power of review with regard to such a decision — Every post description covers not only purely material considerations but also subjective ones taking account of the responsibilities of the incumbent |
165 |
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15. |
Judgement No. 300 (6 June 1977): Ledrut and Biggio v. International Patent Institute |
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Decisions refusing promotion to the complainants — Limits of the Tribunal's power of review with regard to such decisions — Differences in career patterns which are justified by administrative reasons do not breach the principle of equal treatment |
165 |
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16. |
Judgement No. 301 (6 June 1977): Schmitter v. International Patent Institute |
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Complaint impugning a refusal of promotion — Limits of the Tribunal's power of review with regard to such a decision |
166 |
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17. |
Judgement No. 302 (6 June 1977): Smith v. European Organisation for the Safety of Air Navigation |
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Complaint deemed irreceivable owing to expiry of the time-limit |
167 |
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18. |
Judgement No. 303 (6 June 1977): Brisson, Demeter, Van De Vloet and Verdelman v. International Patent Institute |
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Decisions refusing promotion to the complainants — Limits of the Tribunal's power of review with regard to such decisions — Rejection of arguments based on the composition of the body responsible for recommending staff members for promotion — Lack of binding force of documents containing mere guidelines — Power of the Director-General to adapt the conditions of promotion to administrative requirements |
167 |
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19. |
Judgement No. 304 (6 June 1977): Karskens v. International Patent Institute |
168 |
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20. |
Judgement No. 305 (6 June 1977): Guyon and Nicolas v. International Patent Institute |
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Complaints impugning final decisions not appealable to the internal appeals body but which nevertheless formed the subject of a recommendation by the internal appeals body — The time-limit for impugning such decisions before the Tribunal runs from the final decision and not from the purely confirmatory decision taken following the recommendation of the internal appeals body. |
168 |
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21. |
Judgement No. 306 (6 June 1977): Almini v. International Centre for Advanced Technical and Vocational Training (International Labour Organisation) |
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Complaint impugning a decision not to renew a fixed-term contract — Quashing of the decision as based on conclusions not borne out by the dossier |
169 |
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22. |
Judgement No. 307 (6 June 1977): Labarthe v. Food and Agriculture Organization of the United Nations |
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Question of the receivability of the complaint — Review by the Tribunal of the possible ways in which the complainant could bring his case before it — Conclusion of the Tribunal considering the complaint as filed by a person alleging non-observance of a binding promise of employment — Interpretation of the words "terms of appointment" as used in paragraph 5 of the Statute of the Tribunal — Indissociability of the question of receivability and the question of the merits — Decision of the Tribunal that a binding contract was made between the parties and granting compensation to the complainant |
169 |
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23. |
Judgement No. 308 (6 June 1977): Phillips, De Laet, Van Maren, Bake, Bracke, Duren and VuilIemin v. International Patent Institute |
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Coexistence within the Organization of two pension schemes — Complaint seeking the quashing of a measure considered by the participants in one of the two schemes as breaching the principle of equal treatment — Interpretation of that principle by the Tribunal — Lack of competence of the Tribunal to order the adoption of new rules eliminating in future the differences in treatment mentioned in the complaint |
170 |
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24. |
Judgement No. 309 (6 June 1977): Aouad v. World Health Organization |
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Complaint impugning a decision refusing to reinstate a staff member who had resigned |
171 |
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25. |
Judgement No. 310 (6 June 1977): Steele v. International Labour Organisation |
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Complaint seeking to have the Tribunal reprimand those responsible for a decision and quash a decision not to renew a fixed-term appointment — Lack of competence of the Tribunal with regard to the first request — Limits of the Tribunal's power of review with regard to the second request |
171 |
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26. |
Judgement No. 311 (6 June 1977): Pinto de Magalhaes v. International Labour Organisation |
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Sudden transfer of a staff member, prompted by the desire of the Organisation to separate him from one of his colleagues — Quashing of the transfer decision because it drew clearly mistaken conclusions from the facts and award of damages for the moral prejudice suffered by the complainant |
172 |
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27. |
Judgement No. 312 (6 June 1977): Corredoira-Filippini v. Food and Agriculture Organization of the United Nations |
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Complaint impugning a decision not to review a fixed-term contract — Limits of the Tribunal's power of review with regard to such a decision |
172 |
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28. |
Judgement No. 313 (21 November 1977): Beerten v. International Patent Institute |
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Complaint impugning a decision which had not come into effect at the time when the complaint was filed — Failure to respect the principle of exhaustion of internal means of redress imputable to the chairman of the internal appeals body — Receivability of the complaint — Interpretation of the rule by which, in case of promotion, a staff member's seniority in his new grade is determined |
173 |
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29. |
Judgement No. 314 (21 November 1977): Rempp v. International Patent Institute |
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Complaint seeking the quashing of a salary deduction following a strike — Principle of international public service that salary is payable only for services rendered |
174 |
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30. |
Judgement No. 315 (21 November 1977): Fano v. International Labour Organisation |
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Complaint seeking payment of a separation allowance not provided for in the contract of appointment |
175 |
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31. |
Judgement No. 316 (21 November 1977): Reitan v. International Labour Organisation |
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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 |
175 |
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32. |
Judgement No. 317 (21 November 1977): Rhyner-Cuerel v. Universal Postal Union |
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Dispute concerning a "contract for the settlement of termination entitlements" concluded between the complainant, the defendant Organization and its Provident Scheme — Lack of competence of the Tribunal with regard to such a contract — A complaint contesting a decision of the Scheme defining the scope of the contract on important points would be receivable if directed against the Scheme, an independent legal entity, and if the rule of the exhaustion of internal means of redress were observed |
175 |
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33. |
Judgement No. 318 (21 November 1977): Joyet v. World Health Organization |
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Dismissal of the holder of a probationary contract at the end of the probationary period — Special nature of the situation of a probationer compared with that of an established official or the holder of a fixed-term appointment or of one without limit of time — Discretionary authority of the Director General regarding a probationer and limits of the Tribunal's power of review in that regard |
176 |
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34. |
Judgement No. 319 (21 November 1977): Smargiassi-Steinman v. Food and Agriculture Organization of the United Nations |
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Complaint by a staff member given local status at the time of her recruitment as a citizen of the country of the duty station relying on a subsequent change of nationality to obtain non-local status |
177 |
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35. |
Judgement No. 320 (21 November 1977): Ghaffar v. World Health Organization |
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Complaint impugning a decision terminating the appointment of a probationer — Judgement of the Tribunal quashing the decision because false conclusions had been drawn from the dossier and essential facts had not been taken into consideration and ordering the reinstatement of the complainant |
178 |
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36. |
Judgement No. 321 (21 November 1977): Rajan v. United Nations Educational, Scientific and Cultural Organization |
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Complaint impugning the non-renewal of a fixed-term contract — Decision of the Tribunal concluding that the impugned decision was lawful and that there was no fault incurring the liability of the Organization |
178 |
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37. |
Judgement No. 322 (21 November 1977): Breuckmann v. European Organisation for the Safety of Air Navigation (Eurocontrol) |
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Complaint concerning a request for a dependent child allowance submitted six years after the birth of the child — Refusal of the Organization to pay the allowance for the period prior to the application — Competence of the Tribunal to consider the complaint despite a provision of the basic treaty of Eurocontrol affirming the jurisdiction of national courts in respect of disputes between the Organization and its personnel — The Tribunal takes no account of municipal law unless it embodies general principles of law — Entitlement to family allowances, although not subject to a time-limit, must be exercised within a reasonable period in view of the purpose of that allowance and administrative requirements |
179 |
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38. |
Judgement No. 323 (21 November 1977): Connolly-Battisti v. Food and Agriculture Organization of the United Nations |
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Complaint contesting the method of calculating a salary adjustment rate — Question of the receivability of the complaint — Contention of the defendant — Organization denying the existence of nonobservance of the terms of appointment — Opinion of the Tribunal that a decision which, as a result of the application of an incorrect method of calculation, deprived a staff member of part of the adjustment to which he was entitled constitutes non-observance of the provisions of the terms of appointment — The freedom of choice which the regulations often leave the Organization regarding the methods of discharging its obligations undoubtedly allow the Administration to change its methods but until the change is made, an official is entitled to have the obligations in question discharged in the manner selected by the Administration itself — Argument of the defendant Organization contending the complaint is timebarred — Rejection of the theory that a decision of a governing body having an effect on the rights of staff members ipso facto alters those rights from the moment it is made — A complaint may be made at any time if the Organization is in continuing breach of one of its obligations — Argument of the Organization contesting the competence of the Tribunal to consider a decision taken by a governing body in the exercise of its constitutional powers — Rejection by the Tribunal of a theory which would lead to the conclusion that a staff member's contract gives him no rights that a governing body cannot nullify — Quashing of the impugned decision in so far as it was based on an arbitrary method of calculation |
180 |
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39. |
Judgement No. 324 (21 November 1977): Magassouba v. International Computing Centre (World Health Organization) |
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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 — Failure of the complainant in his basic duties which alone warranted the refusal to renew his contract |
183 |
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40. |
Judgement No. 325 (21 November 1977): Verdrager v. World Health Organization |
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Complaint by a staff member dismissed for having successively refused two transfers — Review of the applicable texts and the general principles of international public service affirming the priority of the general interest over individual interests — Right of the Director-General to terminate the appointment of a staff member having committed a grave breach of duty |
184 |
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41. |
Judgement No. 326 (21 November 1977): Price v. Pan American Health Organization (PAHO) (World Health Organization) |
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Complaint impugning a decision rejecting the application of a staff member for a post with the Organization — Charges based on the composition of the selection committee and the alleged failure of the committee to have regard to a provision concerning the appointment to vacancies of persons already in the service of the Organization |
185 |
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42. |
Judgement No. 327 (21 November 1977): Zimmer v. United Nations Educational, Scientific and Cultural Organization |
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Complaint following an internal appeal considered by the defendant Organization to have been erroneously declared receivable by the internal appeals body — Decision of the Tribunal concluding that the internal appeal was proper — That decision does not settle the question of the receivability of the complaint itself but settles a preliminary point on which receivability of the complaint depends — Limits of the Tribunal's power of review with regard to a decision described by the complainant as a decision to dismiss her which was in fact a decision not to renew a fixed-term contract |
185 |
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43. |
Judgement No. 328 (21 November 1977): Conrad, Argote-Vizcarra, Ordonez, Carrillo-Fuller, Rodriguez, Gandolfo, Alcade-Beckner and Blaise v. Pan-American Health Organization (PAHO) (World Health Organization) |
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Decision replacing the local status given the complainants at the time of their recruitment by international status — Date to be taken into consideration in calculating the sums due to the complainants in respect of benefits linked to international recruitment |
186 |
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44. |
Judgement No. 329 (21 November 1977): Quansah v. International Labour Organisation |
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Complaint considered irreceivable because of expiry of the time-limit |
187 |
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45. |
Judgement No. 330 (21 November 1977): Peltre v. International Patent Institute |
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Complaint impugning a decision refusing promotion — Limits of the Tribunal's power of review with regard to such a decision |
187 |
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. |
Legal obstacles to the installation of a non-United Nations radio transceiver and antenna within United Nations premises |
188 |
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2. |
Question whether the use of pictures of United Nations buildings for commercial purposes is lawful under existing General Assembly resolutions concerning the protection of the United Nations emblem, name and flag, the law of the host State on copyright and the Agreement between the United Nations and the host State concerning the site where the buildings concerned are located |
188 |
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3. |
Representation of Member States in organs of the United Nations — Requirement of full powers under the rules of procedure of the principal organs of the United Nations — Designation in the credentials of permanent representatives of the organs before which they are authorized to act |
191 |
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4. |
Appropriate form for a notification to the Secretary-General of the appointment of a Chargé d'Affaires ad interim. |
192 |
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5. |
Question of the admission by a non-member State into its territory of holders of Southern Rhodesian passports in the light of the unilateral declaration, by the non-member State concerned, that it would take care to prevent its territory from being used for the purpose of circumventing the Security Council sanctions — Paragraph 5 of Security Council resolution 253 (1968) |
192 |
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6. |
Comments on some procedural questions in connexion with the proposal that the thirty-third session of the General Assembly be held away from United Nations Headquarters |
194 |
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7. |
Statute of the Joint Inspection Unit approved by General Assembly resolution 31/192 — Question whether a specialized agency may reserve its position with respect to any of the articles of the Statute — Procedure which might be followed in this respect |
199 |
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8. |
Resolution of the General Assembly containing a request to the Secretary-General concerning the investment of the assets of the United Nations Joint Staff Pension Fund — Under the Regulations of the Pension Fund, the Secretary-General has the ultimate authority over the investments of the Fund but is not precluded from receiving advice in this connexion from the General Assembly |
200 |
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9. |
Recommendation of the International Civil Service Commission established by General Assembly resolution 3357 (XXIX) for the application, within the organizations participating in the United Nations common system, of new salary scales applicable to their General Service staff based in Geneva — Question whether there would be legal obstacles to the implementation of that recommendation by the Secretary-General — Concepts of "acquired rights" and "contractual rights" |
201 |
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10. |
Question whether the United Nations has the obligation to pay emoluments to the members of the Human Rights Committee established by the International Covenant on Civil and Political Rights and its Optional Protocol — Question of how the resulting expenditures connected with the first (1977) session of the Committee are to be met. |
213 |
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11. |
Advice regarding the manner in which a relationship agreement between the United Nations and the World Tourism Organization should be negotiated |
215 |
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12. |
Comments on the admission of the Palestine Liberation Organization (PLO) and of Egypt in the Economic Commission for Western Asia (ECWA) |
217 |
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13. |
Comments on the question of the designation by a member or associate member of ESCAP of its representative on the Commission as observer |
220 |
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14. |
Confidential procedures established by successive resolutions of the Economic and Social Council for the handling, within the Commission on Human Rights and its Sub-Commission on Prevention of Discrimination and Protection of Minorities, of communications relating to human rights and fundamental freedoms — Specific case of communications from non-governmental organizations in consultative status with the Economic and Social Council — Practice followed in the Commission on Human Rights and the Sub-Commission on Prevention of Discrimination and Protection of Minorities — Question of the suspension or withdrawal of consultative status of non-governmental organizations |
222 |
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15. |
1961 Convention on Narcotic Drugs — Question of international shipments of small quantities of drugs seized in the illicit drug traffic for the purpose of examination in foreign laboratories or of evidence to be provided in the course of court proceedings |
228 |
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16. |
1971 Convention on Psychotropic Substances — Question whether, in view of the amending procedure provided for in articles 2 and 17, paragraph 2 of the Convention, the Commission on Narcotic Drugs could take a decision to include in Schedules I-IV of the Convention the salts of the substances listed in those schedules before having received a corresponding recommendation from the World Health Organization, on the understanding that such a decision would become effective only after receipt of the recommendation in question — Question whether, alternatively, the Commission could take a vote by correspondence on an appropriate recommendation from WHO |
230 |
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17. |
Comments on whether, under the International Cocoa Agreement, 1975, the International Cocoa Council could legally raise the minimum and maximum prices in Article 29 (1) separately so as to increase the range of 16 United States cents per pound and, if so, whether, having regard to Article 29 (5), the Council could adjust other articles in the Agreement which would be affected by the increase in the range without resorting to the amendment procedures in Article 76 |
231 |
|
18. |
Practice followed within the United Nations system regarding the choice of the depositary of a treaty establishing an international organization — Specific case of the Charter of the United Nations — Choice of New York as the Headquarters of the United Nations |
233 |
|
19. |
Practice of the Secretary-General as the depositary of amendments to treaties establishing intergovernmental organizations — Case where such amendments give rise to the deposit of instruments of ratification or acceptance after the entry into force of such amendments for all the members of the organization established by the treaty — Obligation of the depositary to receive and to bring to the attention of the parties any instrument in good and due form provided for by the final clauses |
234 |
|
20. |
Practice of the Secretary-General as the depositary of multilateral treaties regarding any communication from a newly independent State announcing in general terms its intention to succeed to treaties rendered applicable to its territory prior to its attainment of independence by the State then responsible for its international relations |
235 |
|
21. |
Practice of the Secretary-General as the depositary of multilateral treaties establishing intergovernmental organizations — Status in regard to such a treaty of a newly independent State to whose territory the treaty was rendered applicable, prior to independence, by the State then responsible for its international relations — According to the practice of the Secretary-General, such a State is automatically invited to give notification, if it so wishes, of its succession to the treaty in question, without there being any need for prior consultation of the international organization concerned, without prejudice to the express provisions of the treaty and the admission procedures in force in respect of such organization |
236 |
|
22. |
Question of recognition of the competent authorities of the host country of the exemption of the United Nations from the Stock Transfer Tax levied in one of the States of the host country in relevant transfers executed on behalf of all United Nations assets, in particular the United Nations Joint Staff Pension Fund |
238 |
|
23. |
Notices issued by the tax authorities in a Member State to the United Nations Children's Fund (UNICEF) for payment of a value-added tax on sums collected by UNICEF |
245 |
|
24. |
Exemption of United Nations publications from customs duties and other charges — Interpretation of the term "publication" — Review of relevant treaty provisions |
246 |
|
25. |
Immunity from legal process of United Nations officials in connexion with traffic violations or traffic accidents — Distinction between acts to be considered as service-related for the purpose of staff regulations and rules and acts performed by officials "in their official capacity" within the meaning of the Convention on the Privileges and Immunities of the United Nations |
246 |
B. |
Legal opinions of the secretariats of intergovernmental organizations related to the United Nations |
|
|
1. |
International Labour Organisation |
|
|
|
(a) |
Memoranda dealing with the interpretation of international labour conventions |
248 |
|
|
(b) |
Notice of withdrawal required under Article 1, paragraph 5 of the Constitution of the International Labour Organisation from any State Member intending to withdraw from the Organisation — Question whether an extension of the notice is legally permissible |
248 |
|
2. |
United Nations Educational, Scientific and Cultural Organization |
|
|
|
|
Procedures open to States for establishing on the international plane their consent to be bound by a treaty — Practice usually followed in UNESCO with regard to conventions adopted by the General Conference or by international conferences convened under the auspices of UNESCO |
250 |