| Chapter III. General review of the legal activities of the United Nations and related intergovernmental organizations |
 |
| A. |
General review of the legal activities of the United Nations |
|
| |
1. |
Disarmament and related matters |
41 |
| |
2. |
Other political and security questions |
65 |
| |
3. |
Economic, social and humanitarian questions |
68 |
| |
4. |
Third United Nations Conference on the Law of the Sea |
75 |
| |
5. |
International Court of Justice |
77 |
| |
6. |
International Law Commission |
81 |
| |
7. |
United Nations Commission on International Trade Law |
82 |
| |
8. |
Legal questions dealt with by the Sixth Committee of the
General Assembly and by ad hoc legal bodies |
83 |
| |
9. |
United Nations Institute for Training and Research |
86 |
| B. |
General review of the legal activities of intergovernmental organizations related to the United Nations |
|
| |
1. |
International Labour Organization |
86 |
| |
2. |
Food and Agriculture Organization of the United Nations |
87 |
| |
3. |
United Nations Educational, Scientific and Cultural Organization |
90 |
| |
4. |
International Civil Aviation Organization |
97 |
| |
5. |
World Bank |
99 |
| |
6. |
International Monetary Fund |
100 |
| |
7. |
World Health Organization |
103 |
| |
8. |
World Meteorological Organization |
104 |
| |
9. |
Inter-Governmental Maritime Consultative Organization |
105 |
| Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations |
|
| A. |
Treaties concerning international law concluded under the auspices of the United Nations |
|
| |
1. |
United Nations Conference on Succession of States in respect of Treaties (Vienna, 4 April – 6 May 1977 and 31 July – 23 August 1978 |
106 |
| |
2. |
United Nations Conference on the Carriage of Goods by Sea (Hamburg, 6 – 31 March 1978) |
122 |
| Chapter V. Decisions of Administrative Tribunals of the United Nations and
related intergovernmental organizations |
|
| A. |
Decisions of the Administrative Tribunal of the United Nations |
|
| |
1. |
Judgement No. 231 (9 October 1978): Gaudoin v. Secretary-General of the United Nations |
|
| |
|
|
Request for rescission of a decision denying application of a
a retroactive salary scale issued after the effective date of applicant's resignation—Question of the receivability of the application |
135 |
| |
2. |
Judgement No. 232 (12 October 1978): Dias v. Secretary-General of the United Nations |
|
| |
|
|
Request for rescission of a decision denying validation of
non-contributory services performed prior to eligibility for participation in the Pension Fund—Question of the receivability of the application |
136 |
| |
3. |
Judgement No. 233 (13 October 1978): Teixeira v. Secretary-General af the United Nations |
|
| |
|
|
Legal status of an individual having worked during 10 years for
the Organization under successive special service agreements—Allegations of mis ase of procedure and violation of general principles of international law—Entitlement to a termination indemnity |
137 |
| |
4. |
Judgement No. 234 (18 October 1978): Johnson v. Secretary-General of the United Nations |
|
| |
|
|
Request that the Tribunal specify the date to be taken for
calculation of the amount in Swiss francs of compensation awarded as reparation under an earlier judgement—An interpretation favourable to the Applicant of the staff rule relating to the education grant cannot be contested after compensation has been awarded as reparation |
138 |
| |
5. |
Judgement No. 235 (20 October 1978): Mathur v. Secretary-General of the United Nations |
|
| |
|
|
Application contesting a reprimand delivered under staff rule
110.3—Nonobservance of the prescribed time-limit for lodging an internal appeal—Confirmation of the decision of the Joint Appeals Board that the appeal was not receivable, since there had been no exceptional circumstances beyond the Applicant's control |
139 |
| |
6. |
Judgement No. 236 (20 October 1978): Belchamber v. Secretary-General of the United Nations |
|
| |
|
|
Application contesting the introduction of a new salary scale for
General Service staff in Geneva to replace a scale established following negotiations between the administrations concerned and the representatives of the staff—Did the Secretary-General have a statutory or contractual, express or implied, obligation to negotiate with the staff representatives before introducing the new scale?—Effect of the establishment of the International Civil Service Commission on earlier practice in that field—Obligation of the Secretary-General to hold consultations with the staff representatives concerning the ICSC recommendations—Refusal of the staff representatives to co-operate either at the stage of the drafting of the ICSC recommendations or of the discussion of those recommendations |
140 |
| B. |
Decisions of the Administrative Tribunal of the International Labour Organization |
|
| |
1. |
Judgement No. 331 (8 May 1978): Ledrut v. International Patent Institute |
142 |
| |
2. |
Judgement No. 332 (8 May 1978): Sikka v. World Health Organizaiion |
142 |
| |
3. |
Judgement No. 333 (8 May 1978): Cuvillier v. International Labour Organisation |
|
| |
|
|
Complaint impugning a decision taken on the recommendation of
an Appeals Committee which had not considered the full dossier of the case—Quashing of the impugned decision |
142 |
| |
4. |
Judgement No. 334 (8 May 1978): Caglar v. International Telecommunication Union |
|
| |
|
|
Complaint impugning a decision to terminate an appointment
when a post was abolished—Limits of the Tribunal's power of review with regard to such a decision |
143 |
| |
5. |
Judgement No. 335 (8 May 1978): Dauksch v. International Patent Institute |
|
| |
|
|
Request for the substitution of a new "place of origin" for that
determined at the time of recruitment—Concept of "place of origin"—Discretionary power conferred on the Director-General by the relevant provision of the Staff Regulations |
143 |
| |
6. |
Judgement No. 336 (8 May 1978): Hayward v. Food and Agriculture Organization of the United Nations |
|
| |
|
|
Irreceivability of a complaint not referring to a final administrative
decision—Article VII of the Statute of the Tribunal |
144 |
| |
7. |
Judgement No. 337 (8 May 1978): Fraser v. International Labour Organisation |
|
| |
|
|
Complaint impugning a decision not to extend a fixed-term
appointment—Limits of the Tribunal's power of review with regard to such a decision |
144 |
| |
8. |
Judgement No. 338 (8 May 1978): Stankov v. World Health Organization |
|
| |
|
|
Dismissal of a complaint impugning a decision declaring an
internal appeal irreceivable on the ground that it was time-barred |
144 |
| |
9. |
Judgement No. 339 (8 May 1978): Kennedy v. Food and Agriculture Organization of the United Nations |
|
| |
|
|
Cancellation, after acceptance by the complainant, of a
document defining the terms of his appointment—Question of the Tribunal's jurisdiction— Comparison between the resolution concerning the defendant organization's acceptance of the Tribunal's jurisdiction and article II, paragraph 5, of the Tribunal's State—Question of the receivability of the complaint in view of the rule concerning exhaustion of internal means of redress—Conclusion of the Tribunal that the document in question constituted a binding contract for a conditional appointment |
144 |
| |
10. |
Judgement No. 340 (8 May 1978): Biggio, Van Moer, Ramboer, Hoornaert, Bogaert, Descamps and Dekeirel v. International Patent Institute |
|
| |
|
|
Complaint impugning a decision establishing a promotion list—
Limits of the Tribunal 's power of review with regard to such a decision |
146 |
| |
11. |
Judgement No. 341 (8 May 1978): Lee v. Food and Agriculture Organization of the United Nations |
|
| |
|
|
Request for the reimbursement of travel expenses on the ground
that the Organization had neglected its obligation to inform staff members of a change in the
provisions governing home leave |
146 |
| |
12. |
Judgement No. 342 (8 May 1978): Price v. Pan-American Health Organization (PAHO) (World Health Organization) |
|
| |
|
|
Complaint concerning reclassification of a post—Limits of the
Tribunal's power of review with regard to such a decision—Quashing of the decision because it lacked a proper basis of fact, was based on irrelevant matters or was tainted by irregularity—Decision of the Tribunal ordering the reclassification in question |
146 |
| |
13. |
Judgement No. 343 (8 May 1978): Osuna Sanz v. International Labour Organisation |
|
| |
|
|
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 |
147 |
| |
14. |
Judgement No. 344 (8 May 1978): Callewaert v. International Pate it Institute |
|
| |
|
|
Complaint concerning the conditions of membership in
the sickness insurance scheme provided for in the Staff Regulations for spouses of staff members—Existence of difference of treatment on grounds of sex—Refus U by the Tribunal to allow application of provisions establishing discriminât ion which offended against the general principles of the law and particular!; of the international civil service |
147 |
| |
15. |
Judgement No. 345 (8 May 1978): Diabasana v. World Health Organization |
|
| |
|
|
Complaint impugning a decision of dismissal for disciplinary
reasons—Refusal of the Tribunal to assess the appropriateness of such a measure except in cases of disproportion between the misconduct and the sanction imposed |
148 |
| |
16. |
Judgement No. 346 (8 May 1978): Savioli v. World Meteorological Organization |
|
| |
|
|
Complaint impugning a decision terminating a permanent
appointment on the ground of abolition of post—Limits of the Tribunal's power of review with regard to such a decision—Abolition of a post is in order only when it is based on objective reasons relating to the functioning of the Organization—Scope of obligations incumbent on the Administration |
148 |
| |
17. |
Judgement No. 347 (8 May 1978): Tyberghien v. International Patent Institute |
|
| |
|
|
Complaint impugning a decision concerning the date from
which a promotion should take retroactive effect—Limits of the Tribunal's power of review with regard to such a decision—Principle of equality of treatment of staff members |
149 |
| |
18. |
Judgement No. 348 (8 May 1978): Dauksch v. International Patent Institute |
|
| |
|
|
Complaint impugning a decision refusing a promotion—
Limits of the Tribunal's power of review with regard to such a decision—Principle of equality of treatment of staff members |
149 |
| |
19. |
Judgement No. 349 (8 May 1978): Diaz Acevedo v. European Southern Observatory (ESO) |
|
| |
|
|
Complaint impugning a decision to dismiss the person
concerned on the ground of his attitude, which the organization deemed unacceptable—Alleged failure to comply with the rule of the exhaustion of internal means of redress—Difference between standards of behaviour required of staff according to whether they are collaborating on a hierarchical basis or negotiating conditions of employment—The Administration's discretionary powe with regard to the choice of disciplinary penalties to be imposed in the case of a breach of discipline is subordinate to the principle of proportionality between the offence and the penalty |
150 |
| |
20. |
Judgement No. 350 (13 November 1978): Verdrager v. World Health Organization |
|
| |
|
|
Application for review of a judgement of the Tribunal—
Irreceivability of such an application other than in exceptional circumstances, such as the emergence of new facts of decisive importance |
151 |
| |
21. |
Judgement No. 351 (13 November 1978): Pibouleau v. World Health Organization |
|
| |
|
|
Complaint impugning a decision not to renew a contract taken,
according to the organization, for reasons of economy—Rejection of the allegation that the impugned decision was taken in breach of the Staff Rules and of the Conventions and Recommendations of the International Labour Organisation |
151 |
| |
22. |
Judgement No. 352 (13 November 1978): Peeters v. International Patent Institute |
|
| |
|
|
Complaint impugning a decision relating to the content of a
periodic report—Limits of the Tribunal's power of review with regard to such a decision—The
advisory bodies called upon to give their opinion on the matter to the Director-General enjoy the same freedom of assessment as the Director-General |
151 |
| |
23. |
Judgement No. 353 (13 November 1978): Bastani v. International Centre for Advanced Technical and Vocational Training (International Labour Organisation) |
|
| |
|
|
Request for reinstatement submitted by a staff member who
resigned after having been suspended—Power of any supervisor to suspend a staff member from duty forthwith and without formality in view of the temporary nature of such a measure, in the interests of the Organization |
152 |
| |
24. |
Judgement No. 354 (13 November 1978): Shalevv. United Nations Educational, Scientific and Cultural Organization |
|
| |
|
|
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—Prior demotion on disciplinary grounds is one of the elements which can legitimately be taken into consideration in determining whether or not it is in the interest of the Organization to extend a staff member's appointment |
152 |
| |
25. |
Judgement No. 355 (13 November 1978): Leveugle and Berney v. International Labour Organisation |
|
| |
|
|
Request for a reclassification of posts in view of the duties
relating thereto—Referral of the decisions in question to the Director-General |
153 |
| |
26. |
Judgement No. 356 (13 November 1978): Chen v. World Health Organization |
|
| |
|
|
Complaint impugning a decision not to renew a contract—
Failure to observe the rule relating to the exhaustion of internal remedies—Irreceivability of the complaint |
153 |
| |
27. |
Judgement No. 357 (13 November 1978): Asp v. International Labour Organisation |
|
| |
|
|
Complaint concerning the calculation of compensation owed for
accumulated leave in the light of the coming into effect, six months prior to the cessation of service of the person concerned, of a new régime pertaining to this—Notion of acquired rights—Principle of non-retroactivity whereby facts and events which were completed at the time of the entry into force of a new statutory régime shall be governed by the rules pertaining to the previous régime. |
153 |
| |
28. |
Judgement No. 358 (13 November 1978): Landi v. International Centre for Advanced Technical and Vocational Training (International Labour Organisation) |
|
| |
|
|
Complaint regarding a refusal to extend an appointment beyond
the age limit set by the Staff Regulations—Limits of the Tribunal's power of review with regard to such a decision |
154 |
| |
29. |
Judgement No. 359 (13 November 1978): Djoehana v. Food and Agriculture Organization of the United Nations |
|
| |
|
|
Complaint impugning a decision not to renew a contract—
Limits of the Tribunal's power of review with regard to such a decision—Deficiency of the dossier concerning the professional behaviour of the staff member during his last two years of service and the nature of the duties performed by him during that period—Quashing of the impugned decision on the ground of ibuse of authority |
154 |
| |
30. |
Judgement No. 360 (13 November 1978): Breuckmann v. European Organization for the Safety of Air Navigation (Eurocontrol Agency) |
|
| |
|
|
Complaint seeking the application, by analogy, of the régime
in effect within the European Communities regarding pension rights to the case of the person concerned—Scope of the principle whereby the claims submitted to the Tribunal and the claims in the internal appeal must be the same—Application by analogy, within an organization, of the régime applicable in another organization is justified only if the applicable text contains a gap due to in oversight |
154 |
| |
31. |
Judgement No. 361 (13 November 1978): Schofield v. World Health Organization |
|
| |
|
|
Complaint impugning decisions considered prejudicial by the
Complainant—Obligation of the Organization to respect the dignity and reputation of staff members and not cause them unnecessary personal distress—This obligation may be breached even if there has been no irregular decision—The Tribunal orders compensation for moral prejudice only in exceptional circumstances when the injury is of a kind likely to impair a staff member's career |
155 |
| |
32. |
Judgement No. 362 (13 November 1978): Alonso v. Pan American Hi alth Organization (PAHO) (World Health Organization) |
|
| |
|
|
Complaint seeking payment by the Organization of fees of legal
counsel retained on behalf of two staff members and at their request by a staff member holding the post of chairperson of a subcommittee of the Staff Association—Complaint is outside the Tribunal's jurisdiction—Article II of the Statute |
156 |
| |
33. |
Judgement No. 363 (13 November 1978): Ghaffar v. World Health Organization |
|
| |
|
|
Complaint concerning the payment of an installation allowance—
Provision, following a recommendation of the internal board of appeal, of an additional sum considered by the Organization to end the dispute—Obligation of the Director-General to conform to the Staff Rules in calculating the allowances due to staff members—A provision that the Organization may authorize an allowance if certain conditions are fulfilled gives the Administration the power to determine whether or not the conditions are fulfilled but not to withhold the payment when the conditions are fulfilled |
156 |
| |
34. |
Judgement No. 364 (13 November 1978): Fournier d'Albe v. United Nations Educational, Scientific and Cultural Organization |
|
| |
|
|
Complaint regarding the validation of a period of service for
pension purposes—Question of the receivability of the complaint ratione materiae—Consideration of the conclusion of the internal appeals body concerning the irreceivability of the complaint because of the failure to submit it in time |
157 |
| |
35. |
Judgement No. 365 (13 November 1978): Lamadie and Kraanen v. International Patent Institute |
|
| |
|
|
Complaints concerning the applicability to the staff members
concerned of the new conditions of employment resulting from the conclusion of an inter-State agreement—Competence of the Tribunal to consider the complaints—Concept of acquired rights in respect of remuneration, promotion and retirement |
158 |
| |
36. |
Judgement No. 366 (13 November 1978): Biggio, Vanmoer and Fournier v. International Patent Institute |
160 |
| |
37. |
Judgement No. 367 (13 November 1978): Sita Ram v. World Health Organization |
|
| |
|
|
Complaint impugning a transfer decision—Quashing of the
decision on the grounds of prejudice and incomplete consideration of the facts—Compensation for the moral prejudice suffered by the complainant |
160 |
| Chapter VI. Selected legal opinions of the secretariats of the United Nations
and related intergovernmental organizations |
|
| A. |
Legal opinions of the Secretariat of the United Nations (issued or prepared by the Office of Legal Affairs) [see also: additional legal opinions] |
|
| |
1. |
Question of the financing of UNIFIL during the period between its establishment by Security Council resolution 425 (1978) of 19 March 1978 and the convening of the thirty-third regular session of the General Assembly—Requirement under General Assembly resolutions relating to unforeseen and extraordinary expenses that, in case commitments should arise in an estimated total exceeding $10 million during the intervening period, a special session of the Assembly be convened to consider the matter—Question whether the matter of the financing of UNIFIL could be dealt with through inclusion of a supplementary item, at the suggestion of the Secretary-General under rule 18 of the rules of procedure of the General Assembly, in the agenda of an already planned special session to deal with a different question |
162 |
| |
2. |
Question of the participation in plenary meetings of the special session of the General Assembly devoted to disarmament of non-member States and specialized agencies |
164 |
| |
3. |
Modalities of holding a joint meeting of two Main Committees of the General Assembly |
166 |
| |
4. |
Question whether the Fourth Committee is competent to grant a hearing to a representative of the Puerto Rican Socialist Party notwithstanding the fact that Puerto Rico is not included in the list of territories approved by the General Assembly to which the Declaration on the Granting of Independence to Colonial Countries and Peoples currently applies |
167 |
| |
5. |
Contribution of non-member States, under regulation 5.9 of the Financial Rules and Regulations of the United Nations, to the expenses of "treaty bodies" of which they are members and of organs of Conferences in which they participate—Meaning of the term "participate" in the context of regulation 5.9—Question whether the expenses referred to in that regulation are limited to those incurred in the holding of the meetings of the organs or conferences concerned |
169 |
| |
6. |
Eventuality of proposals involving expenditures being voted on at the tenth special session of the General Assembly—Question whether, should that eventuality materialize, the Advisory Committee on Administrative and Budgetary Questions and the Fifth Committee should be convened in the light of rule 153 of the rules of procedure of the General Assembly |
172 |
| |
7. |
Committee established under General Assembly resolution 32/174—Question whether the Committee on Conferences has the competence, under its terms of reference and in the light of the criteria adopted by the General Assembly in resolution 3415 (XXX), to authorize the provision of meeting records for the said Committee |
173 |
| |
8. |
Meetings of the bureaux of the Commission on Human Settlements and of the Governing Council of the United Nations Environment Programme—Question whether the travel expenses of the members of the bureaux should be met by the Governments concerned or by the United Nations—Criteria set forth in General Assembly resolution 1798 (XVII) |
176 |
| |
9. |
Visit of a Working Group of the Commission on Human Rights to the country designated in its terms of reference—Question whether such a visit requires the participation of all the members of the Group—Applicability of the rule on quorum of the rules of procedure of the functional commissions of the Economic and Social Council |
178 |
| |
10. |
Sessional Working Group of the Economic and Social Council on reports from parties to the International Covenant on Economic, Social and Cultural Rights—Question whether the sessional Working Group should be composed exclusively of members of the Council that are parties to the Covenant |
179 |
| |
11. |
Question of the inclusion in the agenda of the Economic Commission for Europe of an item proposed by a State member of the Commission—Duty of the Executive Secretary of the Commission, under rule 5 of the Commission's rules of procedure, to include an item so proposed in the provisional agenda after consultation with the Chairman—Meaning of the word "consultation" in this context |
180 |
| |
12. |
Economic Commission for Western Asia—Question of the postponement of the Commission's fifth session scheduled to be held in 1978—Under economic and Social Council resolution 1768 (LIV), a decision of the Commission to postpone that session to 1979 should be submitted to the Council for its concurrence—Requirement, under Council decision 279 (LXIII), that proposals or changes in the established pattern of sessions of subsidiary bodies be submitted to the Council for its consideration |
181 |
| |
13. |
Question of the participation of intergovernmental and non-govenmental organizations in the Economic Commission for Western Asia (ECWA) |
181 |
| |
14. |
Preparatory Committee of the United Nations Conference on Science and Technology for Development—Possible implications with respect to the composition of the Committee's bureau of the decision of the General Assembly to open full membership in the Committee to all States |
183 |
| |
15. |
Preparatory Committee for the United Nations Conference on Science and Technology for Development—Question whether the Committee on Conferences is competent under its terms of reference to take affirmative action on a request that Arabic be included as a language of the Preparatory Committee at its future sessions—Arrangements approved by the General Assembly in relation to the provision of Arabic interpretation services |
184 |
| |
16. |
Immunity from legal process of the United Nations Joint Staff Pension Fund, a subsidiary organ of the United Nations, under article II, section 2 of the Convention on the Privileges and Immunities of the United Nations—Immunity of United Nations officials from legal process in respect of acts performed in their official capacity, under article V, section 18 of the said Convention |
186 |
| |
17. |
Question of the exemption from real estate tax of a residential property in the host State occupied by a member of a Permanent Mission to the United Nations—Relevant provisions of the Headquarters agreement and of the Vienna Convention on Diplomatic Relations |
187 |
| |
18. |
Section 13 (b) of the agreement concerning the Headquarters of the United Nations of 26 June 1947—Interpretation of the concept of prior consultation in relation to a request made by the host State for the departure from its territory of a permanent representative to the United Nations—Distinction between consultation and agreement or concurrence |
189 |
| |
19. |
Question whether United Nations officials can testify under oath in domestic courts consistently with their obligations under the Staff Regulations—United Nations practice with regard to provision to courts of unprivileged information in its possession which may be needed in judicial proceedings |
191 |
| |
20. |
Membership drive conducted by a national trade union for enrolling local employees of international organizations—Right to freedom of association of all United Nations staff members—The employment relationship between the United Nations and its staff is governed exclusively by the applicable United Nations staff régime—Exclusive status of staff representatives under chapter 8 of the United Nations Staff Regulations |
192 |
| |
21. |
Ineligibility of United Nations employees for unemployment insurance compensation |
195 |
| |
22. |
Convention on the Agency for Cultural and Technical Co-operation—The designation in the Convention of an authority responsible for registration with the Secretariat of the United Nations does not relieve States parties which are Members of the United Nations of the obligation incumbent on them under Article 102 of the Charter—Problem resulting from the taking into account, for the purpose of the entry into force of the Convention, of signatures which the States concerned intended to be considered subject to ratification |
196 |
| |
23. |
Registration of treaties with the Secretariat in accordance with the General Assembly regulations to give effect to Article 102 of the Charter—Practice developed by the Secretariat with a view to reflecting in the register any subsequent action affecting a registered treaty even in the absence of a certified statement under article 2 of the regulations |
197 |
| |
24. |
Question whether unilateral declarations deposited by Member States in response to General Assembly resolution 32/64 relating to torture and other cruel, inhuman or degrading treatment or punishment constitute binding undertakings in international law |
198 |
| |
25. |
Convention providing a Uniform Law for Cheques of 19 March 1931—Question whether a State party to the Convention may, subsequent to the deposit of its instrument of accession, make reservations which under the terms of the Convention may be made only at the time of accession or ratification—Procedure whereby the proposed reservations would be communicated to the States parties and considered to have taken effect, in the absence of any objection, upon the expiry of 90 days from the date of communication |
199 |
| B. |
Legal opinions of the Secretariats of Intergovernmental Organizations related to the United Nations |
|
| |
1. |
International Labour Organisation |
|
| |
|
|
Memorandum on the Migrant Workers (Supplementary
Provisions) Convention, 1975 (No. 143) |
200 |
| |
2. |
World Bank |
|
| |
|
|
Meaning of article 2, sections 2 (a) and 9 (a) and (b) of the
Bank's articles of agreement upon the entry into force of the second amendment to the articles of agreement of the International Monetary Fund |
201 |
