1985
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 |  |
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| 1. | Canada | |||
| (a) | Privileges and Immunities (International Organizations) Act | 3 | ||
| (i) Working Group of Experts on Marine Pollution from Land-based Sources, Privileges and Immunities Order 1985 | 3 | |||
| (ii) WMO Commission for Instruments and Methods of Observation. Privileges and Immunities Order, 1985 | 4 | |||
| (iii) International Coordination Group for the Tsunami Warning System in the Pacific, Privileges and Immunities Order, 1985 | 5 | |||
| (b) | Order 758-85of the Government of Québec, 17 April 1985 | 5 | ||
| 2. | Federal Republic of Germany | |||
| Ordinance on the Diplomatic Privileges and Immunities in the Field of Social Security Granted to Organizations Set up Pursuant to Intergovernmental Agreements of 5 August 1985 | 7 | |||
| Chapter II. Treaty provisions concerning the legal status of the United Nations and related intergovernmental organizations | |
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| 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 | 10 | ||
| 2. | Agreements relating to installations and meetings | |||
| (a) | Exchange of letters constituting an agreement between the United Nations and the Government of the Netherlands (Netherlands Antilles) concerning hosting by the Government of the Netherlands Antilles of the United Nations Interregional Seminar on the Use of Non-conventional Water Resources in Developing Countries, to be held in Curaçao from 22 to 26 April 1985. New York, 12 September 1984, and Willemstad, 27 December 1984 | 10 | ||
| (b) | Agreement between the United Nations and the Government of the Republic of the Niger concerning assistance in the field of statistics and computer science. Signed on 22 February 1985 | 12 | ||
| (c) | Exchange of letters constituting an agreement between the United Nations and the Government of Papua New Guinea concerning the arrangements for the Asia and Pacific Regional Seminar of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, to be held at Port Moresby from 4 to 6 March 1985. Port Moresby, 1 March 1985 | 12 | ||
| (d) | Exchange of letters constituting an agreement between the United Nations and the Government of Turkey concerning arrangements for an Interregional Symposium on Karst Water Resources, to be held at Ankara and Antalya from 7 to 19 July 1985. New York, 10 January and 4 March 1985 | 14 | ||
| (e) | Agreement between the United Nations and the Government of Jamaica regarding arrangements for the eighth session of the Commission on Human Settlements of the United Nations [to be held at Kingston from 29 April to 10 May 1985]. Signed at New York on 5 March 1985 | 15 | ||
| (f) | Understanding between the United Nations and the Government of Canada on an Ad Hoc Meeting of Experts to review the United Nations Manual on Criminal Justice Statistics, to be held at Ottawa from 25 to 27 March 1985. Signed at Vienna on 15 March 1985 | 16 | ||
| (g) | Agreement between the United Nations (International Development Association) and the Government of India concerning a water resources management study in various basins in Tamil Nadu State. Signed at Washington on 28 and 29 March 1985 | 17 | ||
| (h) | Agreement between the United Nations and the Government of the People's Republic of Bulgaria on a United Nations Workshop on Remote Sensing Instrumentation, Data Acquisition and Analysis, organized in cooperation with the Government of the People's Republic of Bulgaria [to be held at Sofia and Stara Zagora from 29 April to 11 May 1985]. Signed at New York on 2 April 1985 | 17 | ||
| (i) | Letter of agreement between the United Nations and the Government of the Republic of Tunisia regarding the extraordinary session of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples [Special Committee of 24] in connection with the observance of the twenty-fifth anniversary of the Declaration on the Granting of Independence to Colonial Countries and Peoples, to be held at Tunis from 13 to 17 May 1985. Signed at Tunis on 13 May 1985 | 18 | ||
| (j) | Agreement between the United Nations and the Government of the French Republic regarding arrangements for the eleventh session of the World Food Council of the United Nations [to be held in Paris from 10 to 13 June 1985]. Signed at Paris on 15 May 1985 | 19 | ||
| (k) | Agreement between the United Nations and the Government of the Union of Soviet Socialist Republics on the United Nations International Seminar on Satellite Communications [to be held in Moscow from 20 to 31 May 1985]. Signed at New York on 17 May 1985 | 20 | ||
| (l) | Agreement between the United Nations and the Government of Pakistan [concerning the preparation of feasibility reports for the establishment of high technology research and development institutes]. Signed at Islamabad on 21 April 1985 and at New York on 23 May 1985 | 20 | ||
| (m) | Exchange of letters constituting an agreement between the United Nations (United Nations Relief and Works Agency for Palestine Refugees in the Near East) and the Government of Cyprus relating to the assignment of UNRWA staff to Cyprus. Vienna, 26 June 1985, and Nicosia, 5 July 1985 | 21 | ||
| (n) | Agreement between the United Nations and the Government of the People's Republic of China on the United Nations Workshop on Advances in Space Science and Technology and its Applications [to be held at Beijing from 21 to 29 October 1985]. Signed at New York on 15 October 1985 | 22 | ||
| (o) | Agreement between the United Nations and the Government of India on the United Nations Workshop on Space Science and Technology and its Applications within the Framework of Educational Systems [to be held at Ahmedabad from 4 to 8 November 1985]. Signed at New York on 1 November 1985 | 23 | ||
| (p) | Agreement between the United Nations and the Austrian Federal Government regarding the arrangements for the 1986 United Nations Conference on the Law of Treaties between States and International Organizations or between International Organizations. Signed at New York on 30 December 1985 | 24 | ||
| 3. | Agreements relating to the United Nations Children's Fund: revised model agreement concerning the activities of UNICEF | |||
| Agreement between the United Nations (United Nations Children's Fund) and the Government of the Democratic People's Republic of Korea concerning the activities of UNICEF in the Democratic People's Republic of Korea. Signed at Pyongyang on 25 May 1985 | 25 | |||
| 4. | Agreements relating to the United Nations Development Programme: standard basic agreement concerning assistance by the United Nations Development Programme | |||
| Standard Basic Agreement between the United Nations (United Nations Development Programme) and the Government of Saint Christopher and Nevis. Signed at Saint Christopher and Nevis on 30 January 1985 | 26 | |||
| 5. | Agreements relating to the United Nations Industrial Development Organization | |||
| (a) | Constitution of the United Nations Industrial Development Organization. Adopted at Vienna on 8 April 1979 | 26 | ||
| (b) | Exchange of letters constituting an agreement between the United Nations Industrial Development Organization and the Government of Switzerland concerning the continuation of a UNIDO Service in Switzerland for the strengthening of industrial cooperation and promotion of investment in developing countries. Berne and Vienna, 20 June 1985 | 26 | ||
| 6. | Agreements relating to the United Nations Revolving Fund for Natural Resources Exploration | |||
| Project Agreements between the United Nations (United Nations Revolving Fund for Natural Resources Exploration) and Saint Lucia (with Letter of Agreement for management services to be provided by UNRFNRE and financed by USAID), the Republic of Honduras and the People's Republic of the Congo. Signed respectively at Castries on 9 July 1985, at Tegucigalpa on 9 August 1985 and at Brazzaville on 9 September 1985 | 27 | |||
| 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 | 28 | ||
| 2. | International Labour Organisation | |||
| Agreement between the International Labour Organisation and the Government of Spain concerning the establishment in Madrid of an Office of the Organisation. Signed on 8 November 1985 | 29 | |||
| 3. | Food and Agriculture Organization of the United Nations | |||
| (a) | Agreement for the establishment of an FAO Representative's Office | 29 | ||
| (b) | Agreements based on the standard "Memorandum of Responsibilities" in respect of FAO sessions | 29 | ||
| (c) | Agreements based on the standard "Memorandum of Responsibilities" in respect of seminars, workshops, training courses or related study tours | 29 | ||
| (d) | Exchange of letters between the Government of Sweden and the Food and Agriculture Organization of the United Nations regarding seminars and training courses to be held in Sweden | 29 | ||
| 4. | United Nations Educational, Scientific and Cultural Organization | |||
| Agreements relating to conferences, seminars and other meetings | 30 | |||
| 5. | World Health Organization | |||
| (a) | Basic Agreements on technical advisory cooperation concluded by WHO | 30 | ||
| (b) | Agreements concluded by the Pan American Health Organization | 30 | ||
| 6. | International Atomic Energy Agency | |||
| (a) | Agreement on the Privileges and Immunities of the International Atomic Energy Agency | 30 | ||
| (b) | Incorporation of provisions of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency by reference in other agreements | 30 | ||
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 | |
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| A. | General review of the legal activities of the United Nations | |||
| 1. | Disarmament and related matters | 35 | ||
| 2. | Other political and security questions | 43 | ||
| 3. | Environmental, economic, social, humanitarian and cultural questions | 45 | ||
| 4. | Law of the sea | 56 | ||
| 5. | International Court of Justice | 58 | ||
| 6. | International Law Commission | 70 | ||
| 7. | United Nations Commission on International Trade Law | 72 | ||
| 8. | Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies | 75 | ||
| 9. | Respect for the privileges and immunities of officials of the United Nations and the specialized agencies and related organizations | 79 | ||
| 10. | Cooperation between the United Nations and the Asian-African Legal Consultative Committee | 79 | ||
| 11. | United Nations Institute for Training and Research | 80 | ||
| B. | General review of the legal activities of intergovernmental organizations related to the United Nations | |||
| 1. | International Labour Organization | 80 | ||
| 2. | Food and Agriculture Organization of the United Nations | 81 | ||
| 3. | United Nations Educational, Scientific and Cultural Organization | 91 | ||
| 4. | International Civil Aviation Organization | 94 | ||
| 5. | World Health Organization | 95 | ||
| 6. | World Bank | 96 | ||
| 7. | International Monetary Fund | 97 | ||
| 8. | Universal Postal Union | 100 | ||
| 9. | World Meteorological Organization | 100 | ||
| 10. | International Maritime Organization | 102 | ||
| 11. | World Intellectual Property Organization | 103 | ||
| 12. | International Fund for Agricultural Development | 106 | ||
| 13. | International Atomic Energy Agency | 110 | ||
| Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations | |
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| 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 | |||
| 1. | Judgement No. 343 (3 June 1985): Talwar v. the Secretary-General of the United Nations | |||
| Extension of appointment beyond retirement age—Staff regulation 9.5 and General Assembly resolution 33/143—Precedents cannot be established through the exercise of discretionary and exceptional powers | 121 | |||
| 2. | Judgement No. 348 (14 June 1985): Luqman v. the Secretary-General of the United Nations | |||
| Correction of personnel data regarding status—Staff rule 104.4 (a)— Lack of any definite rules or guidelines concerning correction of such data—The Applicant waited too long before requesting the correction | 121 | |||
| 3. | Judgement No. 360 (8 November 1985): Taylor v. United Nations Joint Staff Pension Board | |||
| Restoration of prior contributory service—General Assembly resolutions 37/131 and 38/233—Article 21 (b) of the Regulations of the United Nations Joint Staff Pension Fund | 122 | |||
| B. | Decisions of the Administrative Tribunal of the International Labour Organization | |||
| 1. | Judgement No. 666 (19 June 1985): Chomentowski v. European Patent Organization | |||
| Educational allowances paid under article 10 (3) of the Agreement on the integration of the International Patent Institute and the European Patent Organization— Concept of acquired rights to educational allowances—No one is entitled to payment of an allowance which was wrongly paid to others | 122 | |||
| 2. | Judgement No. 675 (19 June 1985): Perez Del Castillo v. Food and Agriculture Organization of the United Nations | |||
| Non-renewal of a staff member's contract—Question whether the staff member is entitled to know the reason for the non-renewal of his contract—The rule that the non-renewal of a staff member's contract must be the subject of a reasoned decision is an implication of principle of law | 123 | |||
| 3. | Judgement No. 701 (14 November 1985): Bustos v. Pan American Health Organization (World Health Organization) | |||
| Termination of a short-term contract—Question whether Complainant's duties corresponded to the nature of his contract—Intention of the parties is to be ascertained in order to determine their true legal relationship | 124 | |||
| C. | Decisions of the World Bank Administrative Tribunal | |||
| 1. | Decision No. 23 (22 March 1985): Einthoven v. International Bank for Reconstruction and Development | |||
| Applicant's claim that his assignment was not in accordance with the Bank policy regarding the reassignment of the Operations Evaluation Department staff—Personnel Manual statement 4.04—Competence of the Tribunal under article II ( 1) of its statute is limited to non-observance of the contract of employment or terms of appointment | 124 | |||
| 2. | Decision No. 26 (4 September 1985): Mendaro v. International Bank for Reconstruction and Development | |||
| Inadmissibility of the Applicant's complaint under articles II and XVII of the statute of the Tribunal—Non-parties' communications seeking to influence the outcome of a case pending before the Tribunal considered by the Tribunal as an improper and unacceptable attempt to interfere with the mission of the Tribunal | 125 | |||
| 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) | |||
| 1. | Practice of the General Assembly with regard to the examination of credentials submitted by Member States | 128 | ||
| 2. | Decision taken by the General Assembly at its thirty-ninth session to treat the question of apartheid as an important question within the meaning of Article 18 of the Charter of the United Nations—Question of the majority required for the adoption by the General Assembly of decisions in this regard at future sessions of the Assembly | 130 | ||
| 3. | Conference convened pursuant to a decision of the Governing Council of the United Nations Environment Programme—Question of participation in such a conference in the absence of express provisions on the matter in the convening decision—Practice followed in this respect as regards conferences convened by the General Assembly | 131 | ||
| 4. | Question whether the Committee on the Exercise of the Inalienable Rights of the Palestinian People can send missions to Governments in the light of General Assembly resolution 39/49 A and the Committee's general mandate | 132 | ||
| 5. | Question whether the presiding officer of a conference held under the auspices of the United Nations may conduct proceedings in a language other than one of the official languages of the conference | 133 | ||
| 6. | Adoption of the agenda of the Commission on Human Rights—Question whether, under the rules of procedure of the functional commissions of the Economic and Social Council, a representative of a State not a member of the Commission may propose changes to the Commission's agenda | 133 | ||
| 7. | Assistance to be provided by the Secretariat of the United Nations to the Committee on the Elimination of Discrimination against Women, under article 17, paragraph 9, of the Convention on the Elimination of All Forms of Discrimination against Women, which established the Committee | 134 | ||
| 8. | Participation of non-governmental organizations in commodity conferences—Question whether the International Natural Rubber Council's recommendation that the International Rubber Research and Development Board participate as an observer in the United Nations Natural Rubber Conference can be acted on by the Conference itself in the absence of guidance by the convening authority regarding participation of non-governmental organizations in commodity conferences—Current practice with regard to participation by non-governmental organizations in United Nations conferences | 134 | ||
| 9. | Question whether the Commission on Human Rights has competence to request the Secretary-General to carry out certain responsibilities—Question whether such a request would require approval by the Economic and Social Council | 135 | ||
| 10. | Proposed publication by an outside publisher of a book of speeches and lectures delivered by a United Nations official—Staff rules 101.6 (f) and 112.7 and paragraph 14 (c) of administrative instruction ST/Al/I89/Add.9/Rev. 1 and paragraph 8 of administrative instruction ST/AI/190/Rev. 1—Question of the Secretary-General's contribution of a foreword to the book | 137 | ||
| 11. | Proposals that the General Assembly decide that the new interest or discount rate for pension commutation calculations set by the United Nations Joint Staff Pension Board in 1984 to be applicable to service as from 1 January 1985 should instead be applicable in respect of all periods of service by participants as of some specified future date—Questions of competence, acquired rights and non-retroactivity | 138 | ||
| 12. | Application to diplomatic representatives of domestic legislation providing for payment of a yearly redevance for the use of highways—Question whether the redevance is to be considered as a charge for services within the meaning of Articles 23 (1) and 34 (e) of the Vienna Convention on Diplomatic Relations of 1961 or a tax from which diplomatic agents should be exempted in accordance with the general clause of Article 34 of the Convention—Question whether the official vehicles of the international organizations in the host country should be exempted from the redevance in the light of the Headquarters Agreement | 140 | ||
| 13. | Transportation of non-United Nations personnel in vehicles or aircraft of peacekeeping missions—Question of the liability of the United Nations in case authorized visitors are injured or die while being transported in vehicles or aircraft of a United Nations peace-keeping mission | 142 | ||
| 14. | Status and legal rights of the United Nations under the International Telecommunication Convention and the UNIDO Headquarters Agreement in relation to communication facilities controlled by UNIDO in Vienna | 143 | ||
| 15. | United Nations jurisdiction in the space leased by the Organization—Supplemental agreements to the Headquarters Agreement—Responsibility of the Security and Safety Service with reference to fire prevention and control arrangements in space leased by the United Nations | 144 | ||
| 16. | Establishment in a Member State of exchange parallel market rates—Under the Standard Basic Assistance Agreement between the United Nations Development Programme and the Member State concerned UNDP remains entitled to the most favourable rate of exchange | 146 | ||
| 17. | Disposal of an official vehicle of a United Nations Information Centre in the light of customs regulations issued in a host State—Section 7 (b) of the Convention on the Privileges and Immunities of the United Nations | 147 | ||
| 18. | Conditions under which officials and representatives of members of international organizations are admitted to and reside in the United States | 147 | ||
| 19. | Personal injury claim brought against the Government of a Member State before United States courts under the Foreign Sovereign Immunities Act of 1976 | 149 | ||
| 20. | Travel regulations of the host State—Incompatibility of those regulations with the international obligations of the host State under the Charter of the United Nations, the Headquarters Agreement and the Convention on the Privileges and Immunities of the United Nations—Legal and practical capacity of the Organization to implement the regulations | 150 | ||
| 21. | Denial by a Member State of a request for the issuance of a visa to a staff member of South African nationality assigned to a United Nations Military Observer Group—Sections 17, 18, 24 and 25 of the Convention on the Privileges and Immunities of the United Nations | 152 | ||
| 22. | Question whether a United Nations official could legitimately be required by a Member State to possess a transit visa issued only upon the submission of a birth or baptismal certificate—Article 105 of the Charter of the United Nations | 153 | ||
| 23. | Stipulation in a finance law enacted by a Member State that all employees of international organizations of the nationality of that State must pay one twelfth of their annual salary and 20 per cent of their indemnities as a special contribution in 1985—Question of the applicability of the law to United Nations staff members—Sections 17 and 18 (b) of the Convention on the Privileges and Immunities of the United Nations | 153 | ||
| 24. | Traffic accident involving an employee of a company which is a subcontractor to the United Nations Development Programme—Question whether the person in question could be regarded as having been engaged in official business at the time of the accident | 154 | ||
| 25. | Trade control regulations issued in a host State—Applicability of the regulations to the shipment of furniture and personal effects to the home country by members of a Permanent Mission to the United Nations—Article 31 of the Vienna Convention on Diplomatic Relations | 155 | ||
| B. | Legal opinions of the secretariats of intergovernmental organizations related to the United Nations | |||
| United Nations Educational, Scientific and Cultural Organization Consequences of the withdrawal of a member State |
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| Consequences of the withdrawal of a member State | 156 | |||
Part Three. Judicial decisions on questions relating to the United Nations and related intergovernmental organizations
| Chapter VII. Decisions and advisory opinions of international tribunals | |
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| Chapter VIII. Decisions of national tribunals | |
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| 1. | Austria | |||
| Administrative Court Appeals against the decisions of the Land Finance Administration for Vienna, Lower Austria and Burgenland: Judgement of 10 January 1985 |
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| Purchase of a plot of land by an official of the International Atomic Energy Agency—Joint liability of all persons involved in the acquisition process for payment of the tax—Article 17, item 4, of the Land Purchase Tax Act of 1955—If the buyer enjoys a tax exemption pursuant to the Agreement regarding the Headquarters of IAEA the sellers are held jointly liable for payment of the land purchase tax | 188 | |||
| 2. | Belgium | |||
| Court of First Instance of Antwerp Republic of Guinea and its public institutions v. Maritime International Nominees Establishment: Decision of 27 September 1985 |
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| Attachment of assets of a party to an International Centre for Settlement of Investment Disputes—Article 26 of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 1965—Exclusive jurisdiction of the Centre over the dispute | 190 | |||
| 3. | Switzerland | |||
| The Swiss Federal Court Decree of 31 July 1985 |
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| Cantonal tax—Deductibility of interest credited to an international official—Question whether an international official can be regarded as a "taxpayer in Switzerland" | 190 | |||
Part Four. Bibliography
| Bibliography | |
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| Legal bibliography of the United Nations and related intergovernmental organizations | ||||
| A. | International organizations and international law in general | |||
| 1. | General questions | 198 | ||
| 2. | Particular questions | 199 | ||
| B. | United Nations | |||
| 1. | General | 200 | ||
| 2. | Particular organs | |||
| General Assembly | 202 | |||
| International Court of Justice | 202 | |||
| Secretariat | 205 | |||
| Security Council | 205 | |||
| 3. | Particular questions or activities | |||
| Collective security | 205 | |||
| Commercial arbitration | 205 | |||
| Consular relations | 206 | |||
| Diplomatic relations | 206 | |||
| Disarmament | 206 | |||
| Environmental questions | 207 | |||
| Financing | 208 | |||
| Friendly relations and cooperation among States | 209 | |||
| Human rights | 209 | |||
| International administrative law | 212 | |||
| International criminal law | 212 | |||
| International economic law | 213 | |||
| International terrorism | 213 | |||
| International trade law | 213 | |||
| International waterways | 214 | |||
| Intervention | 215 | |||
| Law of the sea | 215 | |||
| Law of treaties | 221 | |||
| Law of war | 222 | |||
| Maintenance of peace | 224 | |||
| Most-favoured-nation clause | 225 | |||
| Namibia | 225 | |||
| Narcotic drugs | 225 | |||
| Natural resources | 225 | |||
| Outer space | 226 | |||
| Peaceful settlement of disputes | 228 | |||
| Political and security questions | 229 | |||
| Progressive development and codification of international law (general) | 230 | |||
| Recognition of States | 230 | |||
| Refugees | 230 | |||
| Right of asylum | 231 | |||
| Self-determination | 231 | |||
| State responsibility | 232 | |||
| State sovereignty | 232 | |||
| State succession | 233 | |||
| Technical cooperation | 233 | |||
| Trade and development | 234 | |||
| Use of force | 235 | |||
| C. | Intergovernmental organizations related to the United Nations | |||
| Food and Agriculture Organization of the United Nations | 235 | |||
| General Agreement on Tariffs and Trades | 235 | |||
| International Atomic Energy Agency | 236 | |||
| International Civil Aviation Organization | 236 | |||
| International Labour Organization | 237 | |||
| International Maritime Organization | 237 | |||
| International Monetary Fund | 237 | |||
| International Telecommunication Union | 238 | |||
| United Nations Educational, Scientific and Cultural Organization | 238 | |||
| World Bank | 238 | |||
| International Centre for Settlement of Investment Disputes | 238 | |||
| World Intellectual Property Organization | 239 | |||