| 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 |
45 |
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2. |
Other political and security questions |
54 |
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3. |
Economic, social and humanitarian questions |
58 |
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4. |
Third United Nations Conference on the Law of the Sea |
67 |
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5. |
International Court of Justice |
69 |
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6. |
International Law Commission |
70 |
| |
7. |
United Nations Commission on International Trade Law |
72 |
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8. |
Legal questions dealt with by the Sixth Committee of the
General Assembly and by ad hoc legal bodies |
73 |
| |
9. |
United Nations Institute for Training and Research |
76 |
| B. |
General review of the legal activities of intergovernmental organizations related to the United Nations |
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1. |
International Labour Organization |
77 |
| |
2. |
Food and Agriculture Organization of the United Nations |
78 |
| |
3. |
United Nations Educational, Scientific and Cultural Organization |
82 |
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4. |
International Civil Aviation Organization |
89 |
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5. |
Universal Postal Union |
90 |
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6. |
World Health Organization |
95 |
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7. |
World Bank |
97 |
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8. |
International Monetary Fund |
97 |
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9. |
World Meteorological Organization |
102 |
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10. |
Inter-Governmental Maritime Consultative Organization |
103 |
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11. |
International Atomic Energy Agency |
104 |
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12. |
International Fund for Agricultural Development |
105 |
| 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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1. |
Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, adopted by the General Assembly on 5 December 1979 |
109 |
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2. |
Convention on the Elimination of All Forms of Discrimination against Women, adopted by the General Assembly on 18 December 1979 |
115 |
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3. |
International Convention against the Taking of Hostages, adopted by the General Assembly on 17 December 1979 |
124 |
| 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. 237 ( 13 February 1979): Powell v. Secretary-General of the United Nations |
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Application seeking rescission of a bulletin suspending the
practice followed by the United Nations up to that time pursuant to a previous bulletin by which the Organization reimbursed national taxes levied on one-third lump sum pension payments—Origin of staff regulation 3.3 (f) on the reimbursement of national taxation in respect of salaries and emoluments paid to the staff of the Organization Authority of the Secretary-General to issue, for the purpose of applying the Staff Rules and Regulations, circulars which the Tribunal has held to have the same force and effect as the Staff Rules unless inconsistent with the Staff Regulations—Concept of acquired rights—under its Statute the Tribunal is competent to rescind individual decisions but not to rescind erga omnes a decision which is in the nature of a regulation—Examination at the request of the respondent of the question of the legality of the practice followed by the Organization prior to issuing the bulletin mentioned in the application—Arguments adduced from the fact that staff regulation 3.3 refers only to "salaries and emoluments" and covers only staff members in service—Arguments adduced from the fact that the one-third lump sum pension payment is not subject to staff assessment—Rejection of these arguments |
129 |
| |
2. |
Judgement No. 238 (8 February 1979): Carlson v. Secretary-General of the United Nations |
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Application by a serving staff member requesting the Tribunal,
first, to order the rescission of the bulletin referred to in the application which gave rise to Judgement No. 237 and, second, to order the reimbursement of taxes owed in respect of a one-third lump sum pension benefit—Rejection of the first plea for the reasons stated in Judgement No. 237—Rejection of the second plea as unfounded since the staff member had not yet retired |
132 |
| |
3. |
Judgement No. 239 (13 February 1979): Masiello v. Secretary-General of the United Nations |
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The case is similar to that dealt with in Judgement No. 238 |
132 |
| |
4. |
Judgement No. 240 (15 May 1979): Newton v. Secretary-General of the United Nations |
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|
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Application by a former staff member of UNRWA seeking the
validation for pension purposes of periods of previous service performed at a time when UNRWA staff members were not eligible to be participants in the Pension Fund—Decision of the General Assembly limiting the power to validate such periods of service to the case of staff members still in pay status as at a specific date—Allegations of injustice and discriminatory treatment—The Tribunal has no competence to rule on a decision of the General Assembly, or on the Secretary-General's proposal which served as the basis for such a decision |
132 |
| |
5. |
Judgement No. 241 (17 May 1979): Furst v. Secretary-General of the United Nations |
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|
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Application contesting, first, the appointment of a staff member at
a given level to fill a post graded at the next higher level and, second, a decision to transfer the applicant, which he contended was a misuse of power that resulted in detriment to him |
133 |
| |
6. |
Judgement No. 242 (22 May 1979): Klee v. Secretary-General of the United Nations |
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|
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Application seeking compensation for the injury suffered by the
applicant as the result of a decision depriving him of a legitimate expectancy of extension of his appointment—Determination of the duration of the appointment on which the applicant could reasonably count—Extent to which periods of service completed by the applicant under short-term appointments may be deducted from the anticipated total duration of the appointment for the purposes of assessing compensation |
134 |
| |
7. |
Judgement No. 243 (23 May 1979): Jimenez Carillo v. Secretary-General of the United Nations |
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|
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Application requesting compensation for the illness and death
of a staff member, attributable, according to the applicant, to the performance of official duties on behalf of the United Nations—Limits of the Tribunal's power of review in such cases—Administrative negligence entailing the responsibility of the respondent in the case |
135 |
| |
8. |
Judgement No. 244 (25 May 1979): Bernard v. Secretary-General of the United Nations |
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|
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Application contesting the validity of a termination by mutual
consent pursuant to staff regulation 9.1 (a) and of a deduction from payments due upon separation from service pursuant to staff rule 103.18 (b) (iii) for the purpose of paying a private debt of the staff member concerned—Proof of consent by a staff member to a termination by mutual agreement—Policy of the Organization with regard to the application of staff rule 103.18 (b) (iii)—Limits of the Tribunal's power of review with regard to decisions taken pursuant to a provision conferring discretionary authority on the Secretary-General—Question of determining whether the termination indemnity falls under the category of "emoluments" mentioned in staff rule 103.18 (b) (iii) |
136 |
| |
9. |
Judgement No. 245 (25 May 1979): Shamsee v. United Nations Joint Staff Pension Board |
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Application seeking execution of a sequestration order issued by
a domestic court with regard to the pension of a former staff member—The Pension Fund enjoys the same immunity from every form of legal process as the United Nations and the waiver of such immunity cannot extend to measures of execution—Risk that in the absence of an appropriate provision in the Pension Fund Regulations, persons receiving pensions from the Pension Fund may use the immunities of the Fund as a shield against performance of their private obligations |
138 |
| |
10. |
Judgement No. 246 (2 October 1979): Fayemiwo v. Secretary-General of the United Nations |
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|
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Application contesting a decision terminating a regular
appointment by virtue of staff regulation 9.1 (c)—Limits of the Tribunal's power of review with regard to such a decision—Allegations of prejudice and procedural defects |
139 |
| |
11. |
Judgement No. 247 (4 October 1979): Dhawan v. Secretary-General of the United Nations |
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Application seeking compensation for injury sustained,
according to the staff member concerned, as a result of an error committed by the Administration regarding his possible participation in the Joint Staff Pension Fund—Conclusion of the Tribunal that by virtue of the relevant texts, the staff member was entitled to participate in the Fund as an associate participant—Rejection of the contention that the staff member had signed a contract excluding his participation in the Fund because the Organization had agreed to appoint him at a higher step than originally envisaged—Computation of the compensation due—Statement of the reasons for the decision concerning the amount of the compensation, in accordance with article 9, paragraph 1, of the Statute of the Tribunal |
140 |
| |
12. |
Judgement No. 248 (5 October 1979): Segerström v. United Nations Relief and Works Agency for Palestine Refugees in the Near East |
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|
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Application contesting a decision not to renew a fixed-term
appointment—Contention that because of the conditions in which the applicant was required to work, the respondent was not able to assess his performance—Contention derived from the clause in the contract of appointment providing for the automatic extension of a one-year appointment to two years after the completion of a six-month probationary period, provided that the applicant's services were satisfactory—Rejection of those contentions |
141 |
| |
13. |
Judgement No. 249 (8 October 1979): Smith v. Secretary-General of the United Nations |
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| |
|
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Application requesting reimbursement of salary withheld
following work stoppages—Unauthorized absence and failure to perform duties remove the basis for payment of salary—Jurisprudence of the Tribunal according to which the resolutions of the General Assembly constitute, as far as the staff members to whom they are applied are concerned, conditions of employment to be taken into account by the Tribunal—Rejection by the Tribunal of arguments based on the doctrine of estoppel—Concept of "unauthorized absence" |
142 |
| |
14. |
Judgement No. 250 (9 October 1979): Sforza-Chrzanowski v. Secretary-General of the United Nations |
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|
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Application seeking recognition of the abnormal character of a
termination of services following a transfer measure which was allegedly invalid—Limit of the Tribunal's power of review with regard to decisions falling within the discretionary authority of the Administration |
144 |
| |
15. |
Judgement No. 251 (11 October 1979): Noble v. Secretary-General of the United Nations |
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| |
|
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Application contesting decisions withholding periodic salary
increments—Obligation of the respondent to comply with the provisions of the applicable texts designed to ensure that the staff member's case is given careful consideration |
144 |
| |
16. |
Judgement No. 252 (11 October 1979): Zanartu v. United Nations Joint Staff Pension Board |
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| |
|
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Application contesting a decision depriving a staff member of
an early retirement benefit on the basis of a decision by the Pension Fund granting him a disability benefit—Article 28 (a) of the Pension Fund Regulations—Determination of incapacity for the purpose of disability benefits may be made only at the request of the organization involved |
145 |
| B. |
Decisions of the Administrative Tribunal of the International Labour Organization |
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| |
1. |
Judgement No. 368 (18 June 1979): Elsen and Elsen-Drouot v. European Patent Organization |
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| |
|
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Effect of the merger of two international organizations on their
staff regulations and rules. Receivability of a complaint on that matter. Non-existence of an acquired right to the rate, amount or conditions of payment of expatriation allowance. Scope of the principle of equal treatment |
146 |
| |
2. |
Judgement No. 369 (18 June 1979): Nuss v. European Patent Organization |
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| |
|
|
Effect of the merger of two international organizations on their
staff regulations and rules. Receivability of a complaint on that matter. Non-existence of an acquired right to privileges, immunities and facilities granted to the Organization and its officials in the interest of the Organization |
148 |
| |
3. |
Judgement No. 370 (18 June 1979): Mertens v. European Patent Organization |
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|
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Complaint impugning a decision not including a staff member in
the promotion list. Exhaustion of internal means of redress in cases of non-appealability of decisions. Discretionary character of decision not to promote. Limited circumstances under which a discretionary decision may be interfered with: lack of authority, formal or procedural flaw, mistake of fact or of law, omission of essential facts, abuse of authority, mistaken conclusions drawn from facts. Non-existence of those circumstances in the decision involved in the present case. Dismissal of the complaint |
149 |
| |
4. |
Judgement No. 371 (18 June 1979): Mertens v. European Patent Organization (No. 2) |
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Effect of the merger of two international organizations on their
staff regulations and rules. Receivability of a complaint on that matter. Non-existence of an acquired right to a specific grade if the duties and remuneration of the post remain the same. Non-existence of an acquired right to the method of salary adjustment, to conditions governing promotion, to conditions of payment of expatriation allowance or to privileges and immunities granted to the Organization and its officials in the interest of the Organization. Compensation factors in the application of the principle of equal treatment |
151 |
| |
5. |
Judgement No. 372 (18 June 1979): Guyon v. European Patent Organization |
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|
|
This case is broadly similar to the case dealt with in Judgement No. 369 |
153 |
| |
6. |
Judgement No. 373 (18 June 1979): Abbot v. World Health Organization |
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|
|
Complaint seeking compensation for loss of professional
standing following a decision to abolish a post and to transfer a staff member. Discretionary character of the impugned decision. Circumstances under which such decisions may be interfered with by the Tribunal. Impugned decision found by the Tribunal as implying either error of fact or law, lack of consideration of essential facts or clearly mistaken conclusion drawn from facts. Obligation for the Organization to compensate the staff member for loss of professional standing and for personal distress caused by improper transfer |
153 |
| |
7. |
Judgement No. 374 (18 June 1979): Almini v. International Centre for Advanced Technical and Vocational Training (International Labour Organisation) |
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Complaint seeking interpretation of the words "one year's salary
compensation"to be paid in lieu of reinstatement ordered by the Tribunal in another judgement. Interpretation of those words by the Tribunal as meaning net salary at the end of the appointment plus incidental allowances including post adjustment |
154 |
| |
8. |
Judgement No. 375 (18 June 1979): Duran v. Pan American Health Organization (PAHO) |
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Complaint impugning a decision terminating sick leave and
ordering reassignment of a staff member. Receivability of the complaint. Test of receivability of a complaint applies to the decisions as a whole, not to separate issues raised by them. Medical and financial aspects involved in granting of sick leave. Power of the Director to assess evidence of incapacitation if contradictory or indeterminate. Discretionary power of the Director to order reassignment of a staff member. Circumstances which a transfer must not involve. Dismissal of the complaint by the Tribunal |
154 |
| |
9. |
Judgement No. 376 (18 June 1979): Huneke-Logan v. World Health Organization |
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Complaint impugning a decision to terminate an appointment
on grounds of physical limitations. Decision of the Tribunal concluding that the impugned decision was a lawful application of the relevant staff rule |
156 |
| |
10. |
Judgement No. 377 (18 June 1979): Rudin v. International Labour Organisation |
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Complaint impugning a decision on the grading of a post.
Procedure to be followed. Discretionary authority of the Director-General on matters of post-grading |
158 |
| |
11. |
Judgement No. 378 (18 June 1979): Sauer v. European Organization for the Safety of Air Navigation |
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Complaint by a technical staff member of the Karlsruhe Control
Centre impugning a decision declaring him as having "non-active status". Circumstances under which such a declaration is lawful. Dismissal of the complaint by the Tribunal |
158 |
| |
12. |
Judgement No. 379 (18 June 1979): Paulus v. European Organization for the Safety of Air Navigation (Eurocontrol) |
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Complaint alleging mishandling of personnel file of a staff
member by the Organization. Need to prove material or moral prejudice to claim compensation |
159 |
| |
13. |
Judgement No. 380 (18 June 1979): Bernard and Coffino v. Interim Commission for the International Trade Organization/General Agreement on Tariffs and Trade (ICITO-GATT) |
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Complaint contesting the introduction of a new salary scale
for General Service staff to replace a scale established following negotiations between the administration concerned and the staff representatives. Effect of the establishment of the International Civil Service Commission on earlier practice in this field. Relationship in this field between the United Nations and its specialized agencies. Question whether the Director-General has a statutory or contractual, express or implied, obligation to negotiate with the staff representatives before introducing the new scale. Distinction between consultation and negotiation. Dismissal of the complaint by the Tribunal |
160 |
| |
14. |
Judgement No. 381 (18 June 1979): Domon and Lhoest v. World Health Organization |
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|
This case is broadly similar to the case dealt with in Judgement No. 380 |
163 |
| |
15. |
Judgement No. 382 (18 June 1979): Hatt and Leuba v. World Meteorological Organization |
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| |
|
|
This case is broadly similar to the case dealt with in Judgement No. 380 |
163 |
| |
16. |
Judgement No. 383 (18 June 1979): Riedinger v. European Patent Organization |
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| |
|
|
The Tribunal recorded the withdrawal of suit by the complainant |
163 |
| |
17. |
Judgement No. 384 (18 June 1979): Peeters v. International Patent Institute |
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| |
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|
The Tribunal recorded the withdrawal of suit by the complainant |
163 |
| |
18. |
Judgement No. 385 (18 June 1979): Peeters v. International Patent Institute |
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The Tribunal recorded the withdrawal of suit by the complainant |
163 |
| |
19. |
Judgement No. 386 (18 June 1979): Houyez v. European Patent Organization |
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The Tribunal recorded the withdrawal of suit by the complainant |
163 |
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20. |
Judgement No. 387 (18 June 1979): Niveau de Villedary v. European Patent Organization |
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The Tribunal recorded the withdrawal of suit by the complainant |
163 |
| Chapter VI. Selected legal opinions of the secretariats of the United Nations
and related intergovernmental organizations |
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| A. |
Legal opinions of the Secretariat of the United Nations (issued or prepared by the Office of Legal Affairs) |
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| |
1. |
Legal consequences of an inability of the General Assembly to elect a nonpermanent member of the Security Council |
164 |
| |
2. |
Question of representation of Democratic Kampuchea at the resumed thirty-third session of the General Assembly. Provisional seating of challenged representatives of a Member State. Majority required for reconsideration of representatives' credentials already accepted by the General Assembly. The General Assembly is not bound by other United Nations organs' decisions regarding representation |
166 |
| |
3. |
The accreditation of a permanent representative to the Secretary-General in New York does not extend to the United Nations Office and the Economic Commission for Europe at Geneva unless this is expressly stated in the credentials. The phrase "for all organs" included in some letters of accreditation to the Secretary-General should be interpreted as referring to the General Assembly, the Economic and Social Council, the Trusteeship Council and the Security Council. Form of accreditation of permanent representatives at Geneva |
168 |
| |
4. |
Legal basis for the observer status of the Palestine Liberation Organization. Applicability of certain provisions of the Headquarters Agreement between the United Nations and the host country. Lack of entitlement of PLO observer to diplomatic privileges and immunities. Applicability of local zoning laws and regulations to property acquired by PLO in the Headquarters district |
169 |
| |
5. |
Question whether General Assembly appropriations for the United Nations International School can be considered "expenses of the Organization" within the meaning of paragraph 2 of Article 17 of the Charter |
170 |
| |
6. |
Question concerning the characterization of the United Nations Fund for Population Activities as a subsidiary organ of the General Assembly |
171 |
| |
7. |
Question whether the Cook Islands are eligible to receive a UNDP indicative planning figure (IFF) independence bonus. Distinction between self-governing territories and independent States under international law |
172 |
| |
8. |
Question whether the law enforcement technique of "controlled delivery" may be considered in compliance with international conventions on narcotic drugs and psychotropic substances. The said conventions provide State parties with a legal power to seize and confiscate illicit drugs but do not create a legal obligation to do so. Compatibility of the "controlled delivery" technique with the object and purpose of the conventions concerned. The said technique as a legitimate exercise of the discretion of State parties as to the manner in which the authority to seize and confiscate should be exercised |
174 |
| |
9. |
Relationship between Chairmanship and membership of the International Civil Service Commission. Question whether the Chairman (or Vice-Chairman) may resign the Chairmanship (or Vice-Chairmanship) while remaining a member of the Commission |
176 |
| |
10. |
Question whether a unit of the Secretariat may perform functions "under the guidance" of organs other than the Secretary-General. Exclusive responsibility of the Secretary-General with regard to the staff of the Organization |
177 |
| |
11. |
Question concerning non-United Nations use of the United Nations Environment Programme symbol. Analogy with non-United Nations use of the United Nations emblem. Discretion of the Secretary-General on the matter |
178 |
| |
12. |
Circumstances under which a staff member should be classified as stateless for United Nations purposes. Lack of valid passport does not necessarily indicate statelessness. "De jure" and not "de facto" statelessness should be considered for United Nations purposes. The case of black South Africans under South African laws with particular reference to Bantu homelands and independent homelands |
180 |
| |
13. |
Law regulating marital status for United Nations administrative purposes |
182 |
| |
14. |
Question of applicable law in work relations between the United Nations and its staff. Inapplicability of national laws. Applicability of United Nations Staff Regulations and Rules. Distinction between fixed-term appointments and appointments for indefinite periods. Extension of fixed-term appointments to permit exhaustion of sick leave entitlements already accrued |
182 |
| |
15. |
Question regarding the refusal of several operational assistance (OPAS) experts to follow instructions of the Secretary-General. OPAS experts are subject to instructions of the Secretary-General, including on security matters. Consequences of refusal to follow such instructions |
183 |
| |
16. |
Question concerning the legal status of United Nations consultants. Special service agreements regulate rights and obligations of consultants, United Nations Staff Rules. Lack of a right to compensation for loss of personal effects. Difference in nature between compensation for loss of personal effects and compensation for death, injury or illness |
187 |
| |
17. |
Question concerning termination of permanent appointments on the basis of abolition of posts. Conditions to be met and procedures to be followed under the Staff Regulations. Consideration of affected staff members to be retained in preference to those on all other types of appointments. Question whether affected staff members should be considered for lower-level posts. Question whether in cases of abolition of posts agreed termination may be offered to affected staff members |
188 |
| |
18. |
Claims for compensation under articles 5 and 6 of Appendix D of the Staff Rules. Question regarding their applicability in case of the existence of "no fault" laws in the local forum—Sums recovered through application of "no fault" laws or through a common law negligence claim to be taken into account by the Secretary-General when awarding compensation under Appendix D. Salary payments due to sick leave entitlements do not constitute compensation under Appendix D |
190 |
| |
19. |
Compensation in the event of illness, accident or death attributable to the performance of official duties on behalf of the United Nations. Philosophy and purpose of Appendix D of the Staff Rules. Discretion of the Secretary-General to require claimants of compensation to assign rights of action against third parties or to join in prosecuting such action. Sums thus recovered from third parties as factors to be considered in assessing payments of compensation |
192 |
| |
20. |
Practice of the Secretariat in cases where an agreement submitted for registration makes reference to an agreement which has not yet been registered under Article 102 of the Charter. Interpretation of paragraph 2 of that Article. Question whether reference to an unregistered agreement does not constitute "invocation" of that agreement before an organ of the United Nations (the Secretariat), which would preclude registration of the new agreement. Possible cases and courses of action by the Secretariat |
195 |
| B. |
Legal opinions of the Secretariats of Intergovernmental Organizations related to the United Nations |
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| |
1. |
Universal Postal Union |
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| |
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Responsibility of Postal Administrations in case of damage caused to the exterior packaging of a postal parcel (Parcels, Agreement, art. 39) |
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| |
|
|
An Administration requested the opinion of the International
Bureau on a question in connexion with the extent of the responsibility of Postal Administrations with respect to postal parcels. More precisely, it wished to know whether Administrations were responsible for the damage caused to the exterior packaging of a parcel, in this instance a unit case, if the contents were not damaged |
197 |
| |
2. |
World Health Organization |
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| |
|
Amendment to rules of procedure of the Assembly requiring two-thirds majority for new category of decisions in addition to those for which WHO Constitution requires such majority—Question of constitutionality of the amendment |
|
| |
|
|
Statement made by the Director of the Legal Division at the 12th
Plenary Meeting of the Thirty-second World Health Assembly on 22 May 1979 |
199 |
