Codification Division Publications: United Nations Juridical Yearbook 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 View PDF file
  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 View PDF file
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 View PDF file
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 View PDF file
  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 View PDF file
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 View PDF file
  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 View PDF file
Chapter VIII. Decisions of national tribunals View PDF file
  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 View PDF file
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