Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations |
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1. |
Australia |
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Regulations under the International Organizations
(Privileges and Immunities) Act, 1963 |
3 |
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(a) |
International Organizations (Privileges and Immunities of Specialized Agencies) Regulation (Repeal) |
3 |
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(b) |
United Nations (Privileges and Immunities) Regulations |
3 |
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(c) |
Specialized Agencies (Privileges and Immunities) Regulations |
6 |
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(d) |
International Atomic Energy Agency (Privileges and Immunities) Regulations (Amendment) |
10 |
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(e) |
International Atomic Energy Agency (Privileges and Immunities) Regulation (Amendment) |
11 |
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(f) |
Internal Court of Justice (Privileges and Immunities) Regulation (Amendment) |
11 |
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2. |
Ghana |
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External Companies and Diplomatic Missions (Acquisition or Rental of Immovable Property) Law, 1986 |
12 |
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3. |
Ireland |
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Diplomatic Relations and Immunities Act, 1967 |
15 |
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(a) |
Intergovernmental Organisation for International Carriage by Rail (OTIF) (Designation of Organisation) Order, 1986 |
15 |
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(b) |
International Centre for the Study of the Preservation and Restoration of Cultural Property (Designation of Organisation) Order, 1986 |
16 |
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(c) |
International Fund for Ireland (Designation and Immunities) Order, 1986 |
17 |
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4. |
Mexico |
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Agreement setting forth the regulations pertaining to automobiles purchased in the country with a subsidy or imported dutyfree |
18 |
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5. |
Netherlands |
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Note dated 3 August 1987 from the Permanent Mission of the Kingdom of the Netherlands to the United Nations |
22 |
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6. |
Senegal |
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Decree No. 86.060 of 13 January 1986 Amending the Code of Civil Procedure (extracts) |
23 |
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7. |
United Kingdom of Great Britain and Northern Ireland |
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The Specialized Agencies of the United Nations (Immunities and Privileges) (Amendment) Order 1985 |
24 |
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 |
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1. |
Convention on the Privileges and Immunities of the United Nations. Approved by the General Assembly of the United Nations on 13 February 1946 |
26 |
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2. |
Agreements relating to installations and meetings |
26 |
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(a) |
Agreement between the United Nations and the Government of the People's Republic of the Congo on the establishment of a United Nations Information Centre for the People's Republic of the Congo. Signed at New York on 20 June 1983 |
26 |
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(b) |
Agreement between, the United Nations and the Government of Spain concerning technical cooperation. Signed at Madrid on 19 April 1985 |
30 |
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(c) |
Agreement between the United Nations and the Government of Turkey regarding arrangements for the ninth session of the Commission on Human Settlements of the United Nations [to be held at Istanbul from 5 to 16 May 1986]. Signed at Nairobi on 16 April 1986 |
30 |
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(d) |
Exchange of letters constituting an agreement between the United Nations and the Government of France concerning the United Nations Symposium on the Economics of Small Renewable Energy Systems for Developing Countries [to be held at Sophia Antipolis, France, from 31 May to 6 June 1986]. New York, 13 and 20 February 1986 |
31 |
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(e) |
Exchange of letters constituting an agreement between the United Nations and the Government of Japan concerning the arrangements for the Second Congress of Local Authorities in Asia and the Pacific [to be held at Nagoya from 21 to 27 July 1987]. Bangkok, 23 April 1986 |
33 |
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(f) |
Exchange of letters constituting an agreement between the United Nations and the Government of the Polish People's Republic on the establishment of a United Nations Information Centre in Warsaw, Poland. New York, 25 April 1986 |
34 |
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(g) |
Agreement between the United Nations and the Government of the People's Republic of Benin regarding the establishment of a United Nations Information Centre in Benin. Signed at New York on 21 May 1986 |
36 |
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(h) |
Agreement between the United Nations and the Government of Colombia on a United Nations meeting of experts on regional cooperation in space science and technology and its applications [to be held at Cartagena from 16 to 20 June 1986]. Signed at United Nations Headquarters in New York on 11 June 1986 |
39 |
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(i) |
Agreement between the United Nations and the Government of the Democratic Socialist Republic of Sri Lanka on the United Nations Regional Meeting of Experts on Space Technology Applications in the Indian Ocean Region [to be held at Colombo from 15 to 19 September 1986]. Signed at United Nations Headquarters in New York on 14 August 1986 |
40 |
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(j) |
Letter of Agreement between the United Nations and the Government of Bahrain concerning the establishment of a sub-office of the United Nations Development Programme in Manama, State of Bahrain. Signed at New York and Manama on 27 August and 7 September 1986, respectively |
41 |
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(k) |
Agreement between the United Nations and the Government of Ecuador on the third United Nations/World Meteorological Organization/Food and Agriculture Organization of the United Nations/European Space Agency International Training Course on Remote Sensing Applications to Operational Agro-meteorology and Hydrology[to be held at Quito from 21 October to 7 November 1986]. Signed at United Nations Headquarters in New York on 15 September 1986 |
42 |
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(l) |
Exchange of letters constituting an agreement between the United Nations and the Government of France concerning arrangements for the meeting of the Steering Committee on the survey of national family policies. Vienna, 25 and 26 September 1986 |
44 |
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(m) |
Agreement between the United Nations (United Nations High Commissioner for Refugees) and the Government of Sweden regarding the Office of the UNHCR Representative for Nordic countries to be situated in Stockholm. Signed at Geneva and Stockholm on 31 August and 30 September 1985, respectively |
45 |
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(n) |
Agreement between the United Nations and the Government of Mexico on the United Nations Meeting of Experts on Space Science and Technology and its Applications within the Framework of Educational Systems [to be held at Mexico City from 13 to 17 October 1986]. Signed at United Nations Headquarters in New York on 8 October 1986 |
48 |
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(o) |
Memorandum of Understanding between the United Nations and the Government of Belgium relating to the establishment of an International Centre for Training and Research in Population and Development in association with the United Nations at the Catholic University of Louvain, Louvain-la-Neuve. Signed at Brussels and New York on 19 September and 10 October 1986, respectively |
49 |
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3. |
Agreements relating to the United Nations Children's Fund: Revised Model Agreement concerning the activities of UNICEF |
50 |
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Agreements between the United Nations (United Nations Children's Fund) and the Government of Barbados and the Government of Botswana. Signed respectively at Bridgetown on 7 February 1986 and at Gaborone on 21 August 1986 |
50 |
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4. |
Agreements relating to the United Nations Development Programme: Standard Basic Assistance Agreement (SBAA) between the recipient Government and the United Nations Development Programme |
51 |
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Standard Basic Agreements between the United Nations (United Nations Development Programme) and the Government of Lebanon and the Government of Bangladesh. Signed respectively at Beirut on 10 February 1986 and at Dhaka on 25 November 1986 |
51 |
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5. |
Agreements relating to the United Nations Revolving Fund for Natural Resources Exploration |
52 |
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Project Agreements between the United Nations (United Nations Revolving Fund for Natural Resources Exploration) and the Government of Rwanda and the Government of the Republic of Côte d'Ivoire. Signed respectively at Kigali on 14 March 1985 and at Abidjan on 28 February 1986 |
52 |
B. |
Treaty provisions concerning the legal status of intergovernmental organizations related to the United Nations |
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1. |
Convention on the Privileges and Immunities of the Specialized Agencies. Approved by the General Assembly of the United Nations on 21 November 1947 |
52 |
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2. |
Food and Agriculture Organization of the United Nations |
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(a) |
Agreements for the establishment of an FAO Representative's Office |
53 |
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(b) |
Agreements based on the standard "Memorandum of Responsibilities" in respect of FAO sessions |
53 |
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(c) |
Agreements based on the standard "Memorandum of Responsibilities" in respect of seminars, workshops, training courses or related study tours |
54 |
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3. |
United Nations Educational, Scientific and Cultural Organization |
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Agreements relating to conferences, seminars and other meetings |
54 |
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4. |
World Health Organization |
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Basic Agreement on technical advisory cooperation |
54 |
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5. |
International Atomic Energy Agency |
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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 |
55 |
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6. |
United Nations Industrial Development Organization |
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(a) |
Agreement between the United Nations Industrial Development Organization and the Federal Executive Council of the Socialist Federal Republic of Yugoslavia regarding the arrangements for the United Nations Industrial Development Organization's Third Consultation on the Agricultural Machinery Industry [to be held at Belgrade from 29 September to 3 October 1986]. Signed at Vienna on 12 September 1986 |
55 |
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(b) |
Agreement between the United Nations Industrial Development Organization and the Government of Italy on basic terms and conditions governing UNIDO projects envisaged by the interim programme for the International Centre for Genetic Engineering and Biotechnology. Signed at Vienna on 22 October 1986 |
57 |
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 |
63 |
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2. |
Other political and security questions |
74 |
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3. |
Economic, social, humanitarian and cultural questions |
78 |
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4. |
Law of the Sea |
96 |
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5. |
International Court of Justice |
98 |
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6. |
International Law Commission |
130 |
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7. |
United Nations Commission on International Trade Law |
132 |
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8. |
Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies |
136 |
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9. |
Respect for the privileges and immunities of officials of the United Nations and the specialized agencies and related organizations |
145 |
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10. |
Cooperation between the United Nations and the Asian-African
Legal Consultative Committee |
146 |
B. |
General review of the legal activities of intergovernmental organizations related to the United Nations |
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1. |
International Labour Organization |
147 |
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2. |
Food and Agriculture Organization of the United Nations |
147 |
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3. |
United Nations Educational, Scientific and Cultural Organization |
159 |
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4. |
International Civil Aviation Organization |
161 |
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5. |
World Health Organization |
164 |
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6. |
World Bank |
166 |
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7. |
International Monetary Fund |
171 |
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8. |
Universal Postal Union |
174 |
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9. |
World Meteorological Organization |
175 |
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10. |
International Fund for Agricultural Development |
176 |
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11. |
United Nations Industrial Development Organization |
184 |
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12. |
International Atomic Energy Agency |
192 |
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. |
United Nations Convention on Conditions for Registration of Ships. Done at Geneva on 7 February 1986 |
206 |
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2. |
Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations. Done at Vienna on 21 March 1986 |
218 |
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3. |
International Convention against Apartheid in Sports. Opened for signature, ratification and accession on 16 May 1986 |
249 |
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. 376 (6 November 1986): Shatby v. the Secretary-General of the United Nations |
256 |
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2. |
Judgement No. 377 (7 November 1986): Jabri v. the Secretary-General of the United Nations |
257 |
B. |
Decisions of the Administrative Tribunal of the International Labour Organization |
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1. |
Judgement No. 729 (17 March 1986): Ilomechina v. Food and Agriculture Organization of the United Nations |
259 |
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2. |
Judgement No. 741 (17 March 1986): Farinetti, Porta and Tuzii v. International Centre for Advanced Technical and Vocational Training |
261 |
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3. |
Judgement No. 778 (12 December 1986): Petruc v. Food and Agriculture Organization of the United Nations |
263 |
C. |
Decisions of the World Bank Administrative Tribunal |
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Decision No. 28 (22 April 1986): Gyamfi v. International Bank for Reconstruction and Development |
265 |
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. |
Request by a Member State that the Secretary-General take immediate steps to ensure free access of the general public to all the material stored in the archives of the United Nations War Crimes Commission—Rules governing access to the archives of the Commission |
269 |
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2. |
Policy governing access to United Nations documents and file |
271 |
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3. |
Presentation of credentials by newly appointed permanent representatives to the United Nations during a temporary absence of the Secretary-General—Power of the Secretary-General to delegate competence in this regard to another official of the United Nations |
272 |
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4. |
Protection against unauthorized use of the United Nations name, initials and emblem provided for in General Assembly resolution 92 (1)—Registration and protection of the name and emblem of the United Nations under article 6 ter of the 1882 Paris Convention for the Protection of Industrial Property (as amended in Stockholm in 1967) |
273 |
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5. |
Questions relating to the voting procedure and decision-making process of the General Assembly—General rule applicable to the calculation of the majority required for the adoption of resolutions and decisions by the General Assembly—Exceptions to the rule—Effect of absence or non-participation on the binding force of resolutions and decisions |
274 |
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6. |
Competence of the Disarmament Commission in connection with the adoption of its agenda—Question of whether the Commission could delete from its provisional agenda an item which was included therein pursuant to requests from the General Assembly |
275 |
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7. |
Characterization of a committee dealing with programme and budgetary questions as an expert and/or representative of intergovernmental body—Conditions to be met for a United Nations body to be so characterized |
277 |
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8. |
Assessment of a non-member State with respect to its participation in the United Nations Environment Programme— Regulation 5.9 of the Financial Regulations of the United Nations—Meaning of the term "participation" |
280 |
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9. |
Possible motion involving the conciliation procedures provided for in rule 48 (2) of the rules of procedure of the Trade and Development Board, in connection with action by the Board on the provisional agenda for the seventh session of the United Nations Conference on Trade and Development—Procedural character of issues relating to the provisional agenda for UNCTADVII |
282 |
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10. |
Scope of application of Article 27, paragraph 3, of the Charter of the United Nations—Practice of the Security Council in this regard—Question of giving effect to a judgment of the International Court of Justice within the context of Article 94 of the Charter—A determination by the Court that a matter is a "legal dispute" under Article 36, paragraph 2, of its Statute is not determinative of whether that matter is also a "dispute" within the meaning of Chapter VI and Article 27, paragraph 3, of the Charter |
283 |
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11. |
Conditions under which the Security Council may meet away from Headquarters—Article 28, paragraph 3, of the Charter of the United Nations—Council's practice in regard to meetings away from the seat of the Organization—Detailed arrangements required to deal with the technical, financial and legal aspects of such meetings |
285 |
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12. |
Practice in the Security Council for the circulation of communications from States not members of the United Nations—In those instances where such circulation has been questioned, the issue relates to the status of the entity requesting circulation and not to the content of the communication |
286 |
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13. |
Participation in the Commission on Narcotic Drugs when it acts as the preparatory body for the International Conference on Drug Abuse and Illicit Trafficking—Decision of the Economic and Social Council providing that "in the preparatory body all States should participate in the decision-making process"—Meaning of the term "participation in the decision-making process"— Consequences of the Council's decision as regards rule 69 (3) of the rules of procedure of the functional commissions of the Economic and Social Council |
287 |
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14. |
Membership of a non-member State in the Commission on Human Settlements—Procedure to be followed by a non-member State to become a member of the Commission—Legal implications of a non-member State making voluntary contributions to the United Nations Habitat and Human Settlements Foundation |
288 |
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15. |
Question of the full membership of the Cook Islands in the Economic and Social Commission for Asia and the Pacific—Status of the Cook Islands under General Assembly resolution 2064 (XX) of 16 December 1965 and the terms of reference of ESCAP |
289 |
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16. |
Participation in meetings organized by the Economic Commission for Africa—Terms of reference and rules of procedure of the Commission—Question of the participation of members of the Organization of African Unity which are not Members of the United Nations in such meetings—Status of the entity "Sahraoui Arab Democratic Republic" in the United Nations—United Nations practice with regard to contested representation in the Organization—General Assembly resolution 396(V) of 14 December 1950 |
291 |
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17. |
Question of who is responsible for compensation for death and injury and third party liability in relation to Namibian trainees undergoing training within the framework of the Field Attachment Programme administered by the Office of the United Nations Commissioner for Namibia |
292 |
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18. |
Authority of the Administration to select airlines for official travel for the United Nations—Duty of the Secretary-General to ensure that his staff is not exposed to unnecessary risk—Principle, established in Judgement No. 402 of the Administrative Tribunal of the International Labour Organisation, of the liability of an international organization for requiring staff members to work in unsafe conditions |
294 |
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19. |
Legal background for the United Nations position with respect to nationality and place of birth in the United Nations laissez passer—Articles 100 and 105, paragraph 2, of the Charter of the United Nations—Article VII, sections 24 and 25, of the Convention on the Privileges and Immunities of the United Nations |
296 |
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20. |
United Nations policy on the acquisition or retention of United States permanent resident status—Basic rationale for such a policy—Administrative instruction ST/AI/294 of 16 August 1982 |
297 |
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21. |
Concept of acquired rights under the United Nations Staff Regulations, the Regulations of the United Nations Joint Staff Pension Fund and the statute of the International Civil Service Commission and in the jurisprudence of the administrative tribunals of the United Nations, ILO and the World Bank |
298 |
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22. |
Liability of the United Nations for claims involving off-duty acts of members of peace-keeping forces—Determination of "off-duty" versus "on-duty" status |
300 |
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23. |
Use of deadly physical force by United Nations security officers—Relevance of the standards of permissible conduct applicable to a private person under section 35.30 of the New York Penal Law |
301 |
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24. |
Venue of future meetings of the Committee on the Elimination of Racial Discrimination—Article 8, paragraph 6, and article 10 of the International Convention on the Elimination of All Forms of Racial Discrimination—Established rules and practices of the United Nations regarding conferences and meetings as embodied in General Assembly resolutions 31/140 and 40/243—Authority of the States parties to the Convention in matters relating to the operation of the Convention |
302 |
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25. |
Interpretation of the provisions of article 39, paragraph 2 (c), of the International Cocoa Agreement, 1980 |
304 |
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26. |
Article 29, paragraphs 2 and 7, of the Sixth International Tin Agreement |
305 |
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27. |
Question whether there is an established procedure in international commodity agreements regarding the appointment of executive directors—Scope of application of the special vote requirement provided for in the 1984 International Sugar Agreement—Procedure to be followed by an international organization with a weighted voting system in order to suspend the rule on roll-call to appoint the Executive Director by secret ballot |
307 |
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28. |
Applicability of the New York firearm licensing requirements to United Nations security officers carrying pistols within and outside the Headquarters district—Article III, section 7, of the 1947 Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations—Options available to reduce the financial and administrative burdens imposed on the United Nations by the current firearm licensing requirements |
309 |
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29. |
Request by a Member State that the United Nations Centre on Transnational Corporations look to the Ministry of Foreign Affairs of that State as its exclusive point of contact within the Government of the State in question—Discretion of every Member State in this respect—Request by that same State that the Centre send to the indicated office of the Ministry a copy of any communication from the Centre asking for information or assistance from firms or business organizations of that country—Inviolability and integrity of the Organization's correspondence—Article II, sections 3 and 4, of the Convention on the Privileges and Immunities of the United Nations |
317 |
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30. |
Request of the host State for ceilings on, or reductions in, the size of missions accredited to the United Nations—Absence of precedent on the matter—Relevant rules and principles of international law as reflected in article 11, paragraph 1 of the 1961 Vienna Convention on Diplomatic Relations, article 14 of the 1975 Vienna Convention on the Representation of States in their Relations with International Organizations of a universal Character and article V, section 15 (2), of the 1947 Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations—Remedies against any misuse of the freedom of the sending State in determining the composition of its mission |
319 |
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31. |
Departure tax on purchase of air tickets—Provision of article II, sections 7 (a) and 8, of the Convention on the Privileges and Immunities of the United Nations—The nature of the tax in question is to be decided by reference to the incidence of the tax |
321 |
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32. |
Conditions and procedures for the issuance of residence permits to foreign residents in a Member State—The charging of fees for the issuance of residence permits is incompatible with article II, section 7 (a), and article V, section 18 (d), of the Convention on the Privileges and Immunities of the United Nations |
322 |
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33. |
Customs user fee to be introduced by the customs service of a Member State—United Nations officials have generally been accorded the same treatment by customs service as diplomats—Nature of the user fee—Provisions of article II, sections 7 (a) and 8, and article VI, section 22 (a), of the Convention on the Privileges and Immunities of the United Nations |
323 |
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34. |
Implementation of the obligation of the United Nations and the specialized agencies to make provision for the settlement of disputes of a private character—Practice followed in this respect by the Organization in question |
324 |
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35. |
Question of the application of the United States Foreign Missions Act, 1982, to real estate transactions of international organizations |
325 |
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36. |
Question whether a Member State is exempted from real estate taxes on apartments purchased by its Permanent Mission to the United Nations for the exclusive use of the diplomatic staff of the mission—Applicability to permanent missions in New York, by virtue of article V, section 15, of the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, and of article 23, paragraph 1, of the 1961 Vienna Convention on Diplomatic Relations—Position of the United States of America on the matter |
327 |
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37. |
Question whether article VIH, section 27, of the Interim Arrangement on Privileges and Immunities of the United Nations concluded between the Secretary-General of the United Nations and the Swiss Federal Council applies to the settlement of disputes between the host State and members of permanent missions, notwithstanding the granting to those members of a status analogous to the status of members of diplomatic missions |
328 |
B. |
Legal opinions of the secretariats of intergovernmental organizations related to the United Nations |
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1. |
Food and Agriculture Organization of the United Nations |
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Appearance of a staff member before a professional disciplinary body in a country to which he is assigned |
330 |
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2. |
United Nations Industrial Development Organization |
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(a) |
Applicability to the United Nations Industrial Development Organization of the United Nations Financial and Staff Rules—Power of the Director-General to amend those Rules |
331 |
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(b) |
Exclusive authority of the Director-General to appoint staff |
334 |
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(c) |
Proposed United Nations Association of Political Scientists |
337 |
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(d) |
Exemption of the United Nations Industrial Development Organization and its staff from contributions to the social security system of a member State—Ordinance by the Federal Republic of Germany |
339 |