Codification Division Publications: United Nations Juridical Yearbook

1984

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Part One. Legal status of the United Nations and related intergovernmental organizations

Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations
	1.	Canada
		Privileges and Immunities (International Organizations) Act		3
		(a)	African Development Bank Privileges and Immunities	3
		(b)	Interregional Experts Meeting on Victims of Crime, Privileges and Immunities Order 1984	4
		(c)	EXPO '86 Privileges and Immunities Order	5
	2.	Denmark
			Act No. 567 of 30 November 1983 on Rights and Immunities of International Organizations, etc.	6
	3.	Dominican Republic
			Regulations No. 2431 of 13 October 1984 on the granting of exemptions and privileges to diplomatic and consular missions and staff, consular agents and international organizations and officials	6
	4.	Ecuador
			Law on diplomatic immunities, privileges and exemptions	9
Chapter II. Treaty provisions concerning the legal status of the United Nations and related intergovernmental organizations
A.	Treaty provisions concerning the legal status of the United Nations
	1.	Convention on the Privileges and Immunities of the United Nations. Approved by the General Assembly of the United Nations on 13 February 1946		11
	2.	Agreements relating to installations and meetings
		(a)	Agreement between the United Nations and Mali for the implementation of the government personnel management component of the project to provide assistance for training and the strengthening of economic management funded by the International Development Association (Credit 1307-MLI). Signed at Bamako on 30 December 1983	11
		(b)	Agreement between the United Nations University and Finland regarding the World Institute for Development Economics Research. Signed at Tokyo on 4 February 1984	11
		(c)	Agreement between the United Nations and Ethiopia regarding arrangements for the tenth session of the World Food Council of the United Nations. Signed at Bellagio, Italy, on 15 February 1984	14
		(d)	Agreement between the United Nations and Canada concerning the establishment and support of an Information Office for North America of the United Nations Centre for Human Settlements (Habitat). Signed at Nairobi on 26 March 1984	16
		(e)	Host Agreement between the United Nations and Nicaragua regarding the establishment of a United Nations Information Centre in Managua. Signed at New York on 11 April 1984	17
		(f)	Exchange of notes constituting an agreement between the United Nations and Iraq concerning the establishment of an International School in Iraq. Baghdad, 19 April 1984	18
		(g)	Exchange of letters constituting an agreement between the United Nations and China concerning the arrangements for the United Nations Interregional Meeting on Youth, Crime and Justice, to be held at Beijing from 14 to 18 May 1984. Vienna, 11 and 24 April 1984	20
		(h)	Exchange of notes constituting an agreement between the United Nations and Austria concerning the arrangements for the twenty-seventh session of the Committee on the Peaceful Uses of Outer Space, to be held at Vienna from 12 to 22 June 1984. New York, 3 and 30 April 1984	21
		(i)	Agreement between the United Nations and the Federal Republic of Germany on the United Nations International Meeting of Experts on Remote Sensing Information Systems, to be held at Feldafing and Oberpfaffenhofen, Federal Republic of Germany. Signed at United Nations Headquarters on 3 May 1984	22
		(j)	Agreement between the United Nations and the Union of Soviet Socialist Republics on a United Nations International Training Course on Remote Sensing Applications to Forestry, to be held in Moscow from 21 May to 9 June 1984. Signed at United Nations Headquarters on 8 May 1984	23
		(k)	Exchange of letters constituting an agreement between the United Nations and Hungary concerning the arrangements for the Interregional Preparatory Meeting on "Criminal Justice Processes and Perspectives in a Changing World", to be held at Budapest from 4 to 8 June 1984. Vienna, 8 and 10 May 1984	24
		(l)	Agreement between the United Nations and Indonesia on the United Nations Regional Meeting of Experts on Space Science and Technology and its Applications. Signed at New York on 14 May 1984	26
		(m)	Exchange of letters constituting an agreement between the United Nations and Italy concerning the arrangements for the United Nations Interregional Meeting on the Formulation and Application of United Nations Standards and Norms in Criminal Justice, to be held at Varenna, Como, from 24 to 28 September 1984. Vienna, 24 August and 12 September 1984	26
	3.	Agreements relating to the United Nations Children's Fund: revised model agreement concerning the activities of UNICEF
			Agreements between the United Nations (United Nations Children's Fund) and the Governments of Iraq, Sierra Leone and Nicaragua concerning the activities of UNICEF. Signed respectively at Baghdad on 11 April 1984, at Freetown on 17 May 1984 and at Managua on 16 November 1984	28
	4.	Agreements relating to the World Food Programme
		(a)	Agreement between the United Nations and the Food and Agriculture Organization of the United Nations, on behalf of the World Food Programme, and Brazil concerning assistance for rehabilitation of agriculture infrastructure in drought-stricken areas of the State of Caerá. Signed at Brasília on 15 October 1984	28
		(b)	Agreement between the United Nations and the Food and Agriculture Organization of the United Nations, on behalf of the World Food Programme, and Brazil concerning assistance for rehabilitation of agriculture infrastructure in drought-stricken areas of the State of Sergipe. Signed at Brasília on 15 October 1984	29
		(c)	Agreement between the United Nations and the Food and Agriculture Organization of the United Nations, on behalf of the World Food Programme, and Brazil concerning assistance for feeding of pre-school and primary school children in depressed areas of the North-Northeastern region. Signed at Brasília on 21 December 1984	29
	5.	Agreements relating to the United Nations Development Programme
		(a)	Standard Basic Agreement concerning assistance by the United Nations Development Programme	29
		(b)	Letter of Agreement between the United Nations (United Nations Development Programme) and the Government of Costa Rica for management services to be provided by UNDP in respect of a project financed by the United States Agency for International Development. Signed at San Jose on 28 September 1984 and at New York on 23 November 1984	30
	6.	Agreements relating to the United Nations Capital Development Fund		31
			Basic Agreements between the United Nations (United Nations Capital Development Fund) and the Governments of Mauritania, Nepal, Bolivia and Sao Tome and Principe concerning assistance from the United Nations Capital Development Fund. Signed respectively at Nouakchott on 23 January 1984, at Kathmandu on 23 February 1984, at La Paz on 16 May 1984 and at Sao Tome on 13 August 1984	31
	7.	Agreements relating to the United Nations Revolving Fund for Natural Resources Exploration		31
			Project Agreements (Natural Resources Exploration Project) between the United Nations Revolving Fund for Natural Resources Exploration and Peru and Sierra Leone. Signed respectively at Lima on 7 September 1983 and at Freetown on 11 November 1983	31
B.	Treaty provisions concerning the legal status of intergovernmental organizations related to the United Nations
	1.	Convention on the Privileges and Immunities of the Specialized Agencies. Approved by the General Assembly of the United Nations on 21 November 1947		31
	2.	International Labour Organisation
			Agreement between the International Labour Organisation and the People's Republic of China on the establishment in Beijing of an Office of the organisation. Signed at Geneva and at Beijing on 27 November 1984	32
	3.	Food and Agriculture Organization of the United Nations
		(a)	Agreements for the establishment of an FAO Representative's Office.	32
		(b)	Agreements based on the standard "Memorandum of Responsibilities" in respect of FAO sessions	32
		(c)	Agreements based on the standard "Memorandum of Responsibilities" in respect of seminars, workshops, training courses or related study tours	32
		(d)	Exchange of letters of 1972 between the Government of Sweden and the Food and Agriculture Organization of the United Nations regarding training activities to be held in Sweden in 1972	32
	4.	United Nations Educational, Scientific and Cultural Organization
		(a)	Agreement between the United Nations Educational, Scientific and Cultural Organization and the Republic of Venezuela relating to the headquarters of the Office of Regional Co-ordination for Latin America and the Caribbean and to its Privileges and Immunities in Venezuelan Territory. Signed at Caracas on 14 April 1979	32
		(b)	Agreements relating to conferences, seminars and other meetings	38
	5.	International Civil Aviation Organization
			Agreement between the International Civil Aviation Organization and the Government of France regarding the status, privileges and immunities of the Organization in France. Signed on 27 September 1984	38
	6.	World Health Organization
		(a)	Basic Agreements on technical advisory cooperation	39
		(b)	Agreements concluded by the Pan American Health Organization	39
	7.	International Atomic Energy Agency
		(a)	Agreement on the Privileges and Immunities of the International Atomic Energy Agency. Approved by the Board of Governors of the Agency on 1 July 1959	39
		(b)	Incorporation of provisions of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency by reference in other agreements	39

Part Two. Legal activities of the United Nations and related intergovernmental organizations

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		45
	2.	Other political and security questions		52
	3.	Economic, social, humanitarian and cultural questions		55
	4.	Law of the Sea		64
	5.	International Court of Justice		65
	6.	International Law Commission		87
	7.	United Nations Commission on International Trade Law		89
	8.	Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies		91
	9.	Declaration on the Right of Peoples to Peace		98
	10.	Respect for the privileges and immunities of officials of the United Nations and the specialized agencies and related organizations		99
	11.	Cooperation between the United Nations and the Asian-African Legal Consultative Committee		99
	12.	United Nations Institute for Training and Research		99
B.	General review of the legal activities of intergovernmental organizations related to the United Nations
	1.	International Labour Organization		100
	2.	Food and Agriculture Organization of the United Nations		101
	3.	United Nations Educational, Scientific and Cultural Organization		108
	4.	International Civil Aviation Organization		110
	5.	World Health Organization		111
	6.	World Bank		112
	7.	International Monetary Fund		114
	8.	Universal Postal Union		117
	9.	World Meteorological Organization		119
	10.	International Maritime Organization		121
	11.	International Fund for Agricultural Development		124
	12.	International Atomic Energy Agency		125
Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations
	Treaties concerning International Law concluded under the auspices of the United Nations
		Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Adopted by the General Assembly of the United Nations on 10 December 1984		135
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. 326 (17 May 1984): Fischman v. Secretary-General of the United Nations
			Question of change of nationality of a staff member during the period of service—Discretionary power of the Secretary-General in regard to such change under the Staff Regulations and Rules—General human rights cannot be confused with particular conditions of service which govern the employment contract	145
	2.	Judgement No. 332 (29 May 1984): San Jose v. Secretary-General of the United Nations
			Issue of G-5 visas for household employees of staff members—Distinction in treatment between General Service staff and Professional staff	145
	3.	Judgement No. 333 (8 June 1984): Yakimetz v. Secretary-General of the United Nations
			Non-renewal of fixed-term appointment on secondment—Question whether the Applicant was given "every reasonable consideration" for career appointment pursuant to General Assembly resolution 37/126	146
	4.	Judgement No. 334 (23 October 1984): Morin v. Secretary-General of the United Nations
			Question whether accident was "attributable to the performance of official duties on behalf of the United Nations" within the meaning of article 2 of appendix D to the Staff Rules—Question of competence to pronounce a medical opinion	146
B.	Decisions of the Administrative Tribunal of the International Labour Organization
	1.	Judgement No. 611 (2 June 1984): Nielsen v. United Nations Educational, Scientific and Cultural Organization
			Copyright in work produced by a staff member for UNESCO—Staff rule 101.9	147
	2.	Judgement No. 615 (5 June 1984): Giroud and Beyer v. European Patent Organization
			Recognition of the right to strike—Remuneration is due only for services rendered—Method of calculating salary deductions for a staff member's absence from work during strike	148
	3.	Judgement No. 616 (5 June 1984): Kern v. European Patent Organization
			Legal and factual nature of a strike—Method of calculating salary deductions for a staff member's absence from work during strike	148
	4.	Judgement No. 621 (5 June 1984): Poulin v. United Nations Educational, Scientific and Cultural Organization
			Contractual relationship prior to signature of letter of appointment	149
	5.	Judgement No. 630 (5 December 1984): Rudin v. International Labour Organisation
			Right of an employee of an organization to hold a post and perform the duties pertaining thereto—Only where the staff member's behaviour makes the situation intolerable or where a staff member commits gross misconduct may the administration contemplate giving him or her no work—Responsibilities of the organization to find proper duties and responsibilities for staff members	150
	6.	Judgement No. 640 (5 December 1984): Compitelli v. Food and Agriculture Organization of the United Nations
			Disciplinary measure will be upheld only if the alleged attempt must be taken as proven—Burden of proof.	151
	7.	Judgement No. 646 (5 December 1984): Verdrager v. World Health Organization
			Procedure for review of the Tribunal's judgements—Articles II and XII of the statute of the Tribunal and the annex to the statute—Decisions under article XII and the annex fall outside the scope of the Tribunal's competence	151
C.	Decisions of the World Bank Administrative Tribunal
	1.	Decision No. 15 (5 June 1984): Justin v. The World Bank
			Jurisdiction of the Tribunal—Article II of the Tribunal's statute—Negotiations with a potential staff member on his employment—Question whether a contract has been formed	152
	2.	Decision No. 17 (5 June 1984): Polak v. International Bank for Reconstruction and Development
			Termination of employment for unsatisfactory performance—Personnel Manual Statement No. 4.01 is the principal text determining the conditions and requirements of staff evaluation—Reviewing tribunal may not substitute its own judgement for that of the management as to what constitutes satisfactory performance	153
Chapter VI. Selected legal opinions of the secretariats of the United Nations and related intergovernmental organizations
	Legal opinions of the Secretariat of the United Nations (issued or prepared by the Office of Legal Affairs)
	1.	Procedures to be followed with regard to the accreditation of representatives at United Nations offices away from Headquarters		157
	2.	Question whether debts related to the United Nations Interim Force in Lebanon may be set off against UNlFlL assessments		157
	3.	Difficulties arising from the unavailability of the Chairman and Vice-chairman of a standing committee of the United Nations Council for Namibia—Procedure consistently followed in such cases in United Nations meetings		158
	4.	Requests from Member States for circulation in United Nations bodies of declarations or programmes of action adopted by intergovernmental meetings outside the United Nations—Practice of the Security Council, the General Assembly and the Economic and Social Council in this respect		159
	5.	Ways of accommodating the delegations of a Member State which has been unable to participate in a roll-call vote—In United Nations practice, the results of a vote are never altered after the results are announced		159
	6.	Question whether the Ad Hoc Committee of the International Conference on Kampuchea falls within the purview of paragraph 34 of General Assembly decision 34/401 which provides that subsidiary organs of the General Assembly are not to meet during a regular session of the Assembly unless explicitly authorized by the Assembly.		160
	7.	Filling of casual vacancies on the Joint Inspection Unit—Interpretation of the words "for the remainder of that term" in article 4 (2) of the JIU statute		161
	8.	Invitation from the Government of Austria to host the European Regional Seminar to Review and Appraise the Achievements of the United Nations Decade for Women—Question whether "established headquarters" referred to in section I of General Assembly resolution 31/140 of 17 December 1976, governing financial implications of meetings held away from an established headquarters, is Vienna or Geneva		161
	9.	Requirement under General Assembly resolution 31/140 of 17 December 1976 that United Nations bodies meet at their established headquarters		162
	10.	Status of the Special Commission established under General Assembly resolution 38/161 of 19 December 1983 entitled "Process of preparation of the Environmental Perspective to the Year 2000 and Beyond"		163
	11.	United Nations policy with regard to patent rights in discoveries or inventions developed with the assistance of the United Nations Development Programme		163
	12.	Policy of the United Nations Development Programme on patent rights—Relevant provisions of the UNDP Standard Basic Assistance Agreements and the Standard Special Fund Agreements—Staff rule 212.6		164
	13.	Appointment of the members of an organ with limited membership—Question whether the appointing authority may proceed with the appointment of members notwithstanding absence of nominations from one regional group—Question whether the organ may proceed with its work with less than its full complement of members.		167
	14.	Question whether under the rules of procedure of the functional commissions of the Economic and Social Council a differentiation may be made between members and non-members of the Commission on Human Rights as regards limitations of speaking time		168
	15.	Chairmanship of the inaugural meeting of the fortieth session of the Economic and Social Commission for Asia and the Pacific—Eventuality that the Chairman of the Commission at its thirty-ninth session might no longer be a representative in his country's delegation to the Commission's fortieth session—Choice of a replacement		168
	16.	Question whether a draft resolution proposed by a subsidiary organ of the Commission on Human Rights in its report to the Commission should have priority over proposals submitted later in time by members of the Commission		169
	17.	Method of voting in the Sub-Commission on Prevention of Discrimination and Protection of Minorities—Question of secret balloting		170
	18.	Water project concerning an international river flowing across Namibia and South Africa and constituting the international boundary between them— Extent to which South Africa's control of Namibia affects any decision by the United Nations Council for Namibia concerning the riparian rights over that portion of the river that flows across Namibian territory—Question whether a decision taken now by the Council would be binding on an independent Namibia in the future—1978 Convention on Succession in Respect of Treaties		171
	19.	International Court of Justice election procedure to be followed in the Security Council and the General Assembly—Application of rule 151 of the rules of procedure of the General Assembly and rule 61 of the provisional rules of procedure of the Security Council—Meaning of the terms "absolute majority" and "joint conference" in Articles 10 and 12 respectively of the Statute of the International Court of Justice—Eventuality that more than the required number of candidates receive an absolute majority		173
	20.	Membership of the Council of the United Nations University—Question whether a person closely connected with the Secretariat of the United Nations or that of the United Nations Educational, Scientific and Cultural Organization could serve as a member of the Council		177
	21.	Request from the Government of a Member State that the United Nations observe elections to be held in that Member State's territory		178
	22.	Advice to be given to the Secretary-General on whether to accept an award from the Government of a Member State, taking into account the nature and responsibilities of this office and staff regulation 1.6		179
	23.	Application by a staff member for a United Nations travel document recognizing him as a stateless person—United Nations practice with respect to persons who consider themselves stateless—Determination of the status of such persons under the Convention Relating to the Status of Refugees of 1951 and eligibility for assistance under the Convention on the Reduction of Statelessness of 1961		179
	24.	Practice of the Secretary-General as regards acceptance of depositary functions		181
	25.	Registration under Article 102 of the Charter of the United Nations of a frontier treaty—Question whether all annexes should be included in the documentation submitted for the purpose of registration		182
	26.	Question whether it is possible for a State party to a treaty having formulated reservations at the time of depositing its instrument of ratification to formulate further reservations at a subsequent stage		183
	27.	Treaty containing an incomplete provision—Procedures open to make the provision operative—Question whether the amendment procedure envisaged in a treaty may be set in motion before the entry into force of the treaty		183
	28.	Question of the harmonization of the Agreement between the United Nations and the International Telecommunications Satellite Organization (INTELSAT) for the lease of a space segment capacity on one of INTELSAT's satellites of 1984 with the existing arrangements between the United Nations and the Swiss Government on the installation and operation of radiocommunications in the United Nations Office at Geneva		184
	29.	Proclamation of the Government of a Member State for the establishment of national military service—Implications of the Proclamation for United Nations officials pursuant to the relevant headquarters agreement, the Convention on the Privileges and Immunities of the United Nations and Appendix C to the Staff Rules		185
	30.	Procedure to be followed in the event a request is made for United Nations officials to testify as witnesses in trials of former ministers or civil servants in a Member State		186
	31.	Domestic legislation providing for the payment of customs duties on equipment and supplies received from UNICEF—Incompatibility of such legislation with the relevant agreement concerning the activities of UNICEF		187
	32.	Immunity of UNRWA from every form of legal process under the Convention on the Privileges and Immunities of the United Nations—System of law by which the question of UNRWA's immunity from jurisdiction is to be judged—Nature of the immunity under that system of law		188
	33.	Liability questions which might arise from the use of vehicles of the United Nations Disengagement Observer Force by local civilian personnel hired by the contingent of a Member State		189
	34.	Advice concerning the reimbursement of value added tax on purchases of goods and services by the United Nations Development Programme in a Member State		190
	35.	Exemption from taxation of locally recruited staff members under the Convention on the Privileges and Immunities of the United Nations		191
	36.	Question of the classification of members of a permanent mission to the United Nations as members of the diplomatic staff of that mission—Role of the Secretary-General in this respect		192

Part Three. Judicial decisions on questions relating to the United Nations and related intergovernmental organizations

Chapter VII. Decisions and advisory opinions of international tribunals
Chapter VIII. Decisions of national tribunals
	1.	France
			Court of Appeal of Rennes Guinea and SOGUIPECHE v. Atlantic Triton Company: Decision of 26 October 1984
			Arbitration of the International Centre for Settlement of Investment Disputes—Rule of judicial abstention of national courts	198
	2.	Italy
			Pretore di Roma Istituto Nazionale di Previdenza per i Dirigenti di Aziende Industriali (lNPDAI) v. Food and Agriculture Organization of the United Nations: Judgement of 4 April 1984
			Determination by the Supreme Court of Cassation that the Italian courts have jurisdiction over the claim—Resumption of the suspended proceedings on the claim by INPDAI for rent increases—FAO's refusal of the notification of an application on the ground that it had never waived the immunity from jurisdiction provided for in section 16 of the headquarters agreement—Decision declared to be provisionally executory	201
	3.	United States of America
		(a)	United States District Court for the Southern District of New York Ocean Shipping Antitrust Litigation: Decision of 24 February 1984	208
			United Nations treated as a Government or government agency as regards purchases of shipping services—Legal status of the United Nations
		(b)	United States District Court, Central District of California United Nations v. Miss United Nations Pageant, Inc., and Faye Smith: Judgement of 7 November 1984	213
			Use of the name "United Nations" and its abbreviations in commercial ventures and as part of the corporate name—Name "United Nations" and the abbreviation "UN" have acquired a clear second meaning—Permanent injunction sought by the United Nations—Tests required under United States law to be met for granting injunction

Part Four. Bibliography

Bibliography
Legal bibliography of the United Nations and related intergovernmental organizations
A.	International organizations and international law in general
	1.	General			220
	2.	Particular questions			224
B.	United Nations
	1.	General			225
	2.	Particular organs			226
			General Assembly		226
			International Court of Justice		226
			Secretariat		228
			Security Council		228
			United Nations Forces		228
	3.	Particular questions or activities			228
			Collective security		228
			Commercial arbitration		228
			Diplomatic relations		229
			Disarmament		229
			Environmental questions		231
			Friendly relations and co-operation among States		231
			Human rights		232
			International administrative law		233
			International criminal law		233
			International economic law		234
			International terrorism		235
			International trade law		235
			International waterways		236
			Intervention		236
			Law of the sea		236
			Law of treaties		242
			Law of war		242
			Maintenance of peace		247
			Membership and representation		248
			Most-favoured-nation clause		248
			Namibia		248
			Narcotic drugs		248
			Natural resources		248
			Outer space		249
			Peaceful settlement of disputes		250
			Political and security questions		252
			Progressive development and codification of international law (general)		253
			Recognition of States		254
			Refugees		254
			Right of asylum		255
			Self-defence		255
			Self-determination		256
			State responsibility		256
			State sovereignty		256
			State succession		258
			Technical co-operation		258
			Trade and development		258
			Trusteeship		260
			Use of force		260
C.	Intergovernmental organizations related to the United Nations
	1.	General			261
	2.	Particular organizations			261
			Food and Agriculture Organization of the United Nations		261
			General Agreement on Tariffs and Trades		262
			International Atomic Energy Agency		263
			International Civil Aviation Organization		263
			International Labour Organization		264
			International Maritime Organization		264
			International Monetary Fund		264
			International Telecommunication Union		265
			United Nations Educational, Scientific and Cultural Organization		266
			United Nations Industrial Development Organization		266
			World Bank		266
				International Centre for Settlement of Investment Disputes	266
			World Health Organization		266
			World Intellectual Property Organization		267
			World Meteorological Organization		267