| Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations |
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Canada |
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Privileges and Immunities (International Organizations) Act |
3 |
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(a) |
I.A.E.A. Research Coordination Meeting on Nuclear Techniques in Exploration and Exploitation of Natural Resources: Nuclear Borehole Logging Techniques for the Determination of Rock Characteristics Privileges and Immunities Order, 1987 |
3 |
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(b) |
I.A.E.A. Consultants' Meeting on Current Trends in Nuclear Borehole Logging Techniques for Elemental Analysis Privileges and Immunities Order, 1987 |
4 |
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(c) |
I.A.E.A. Advisory Group Meeting on New Nuclear Reactors Privileges and Immunities Order, 1987 |
5 |
| 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 |
7 |
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2. |
Interim Arrangement on Privileges and Immunities of the United Nations concluded between the Secretary-General of the United Nations and the Swiss Federal Council. Signed at Beme on 11 June 1946 and at New York on 1 July 1946. Approved by the General Assembly of the United Nations on 14 December 1946 |
7 |
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3. |
Agreements relating to installations and meetings |
9 |
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(a) |
Agreement between the United Nations/FAO/World Food Programme and the Federative Republic of Brazil concerning assistance from the World Food Programme. Signed at Brasilia on 2 February 1987 |
9 |
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(b) |
Agreement between the United Nations and the Government of Nigeria 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 Lagos from 27 April to 1 May 1987]. Signed at New York on 27 February 1987 |
10 |
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(c) |
Agreement between the United Nations and the Government of China regarding arrangements for the thirteenth session of the World Food Council of the United Nations [to be held at Beijing from 8 to 11 June 1987]. Signed at Beijing on 4 June 1987 |
11 |
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(d) |
Exchange of letters constituting an agreement between the United Nations and the Government of Sweden concerning the 1987 Meeting of Experts to Review the Implementation of the World Programme of Action concerning Disabled Persons at the Mid-point of the United Nations Decade of Disabled Persons. Vienna, 26 May and 2 June 1987 |
13 |
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(e) |
Agreement between the United Nations and the Government of Indonesia on the Fourth United Nations/World Meteorological Organization/FAO/ European Space Agency International Training Course on Remote Sensing Applications to Operational Agrometeorology and Hydrology [to be held at Jakarta from 13 to 30 October 1987]. Signed at New York on 19 August 1987 |
15 |
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(f) |
Exchange of letters constituting an agreement between the United Nations and the Government of the United Kingdom of Great Britain and Northern Ireland regarding the United Nations Sugar Conference, 1987. Geneva, 20 and 28 August 1987 |
16 |
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(g) |
Agreement between the United Nations and the Government of the German Democratic Republic on the United Nations International Training Course on Remote Sensing Applications to Geological Sciences [to be held at Dresden from 6 to 23 October 1987]. Signed at New York on 3 September 1987 |
18 |
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(h) |
Agreement between the United Nations and the Government of Peru regarding the establishment in Lima of the Regional Centre for Peace, Disarmament and Development in Latin America. Signed at New York on 25 September 1987 |
19 |
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(i) |
Agreement between the United Nations and the Government of Egypt relating to the continuation and further extension of the Interregional Centre for Demographic Research and Training established at Cairo. Signed at Cairo on 22 December 1987 |
21 |
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4. |
Agreements relating to the United Nations Children's Fund: Revised Model Agreement concerning the activities of UNICEF |
23 |
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5. |
Agreements relating to the United Nations Development Programme: Standard Basic Assistance Agreement between the recipient Government and the United Nations Development Programme |
23 |
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6. |
Agreements relating to the United Nations Revolving Fund for Natural Resources Exploration |
24 |
| 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 |
26 |
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2. |
Food and Agriculture Organization of the United Nations |
26 |
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(a) |
Agreements based on the standard "Memorandum of Responsibilities" in respect of FAO sessions |
26 |
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(b) |
Agreements based on the standard "Memorandum of Responsibilities" in respect of seminars, workshops, training courses or related study tours |
26 |
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3. |
United Nations Educational, Scientific and Cultural Organization |
27 |
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Agreements relating to conferences, seminars and other meeting |
27 |
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4. |
International Maritime Organization |
27 |
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Agreement between the International Maritime Organization and
the Government of Italy concerning the International Conference on the Suppression of Unlawful Acts against the Safety of Maritime Navigation [to be held in Rome from 1 to 10 March 1988]. Done at London on 19 October 1987 |
27 |
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5. |
United Nations Industrial Development Organization |
28 |
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(a) |
Agreements relating to conferences and meetings |
28 |
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(b) |
Agreements for the establishment of UNIDO Investment Promotion Services |
34 |
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6. |
International Atomic Energy Agency |
36 |
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(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 |
36 |
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(b) |
Incorporation of provisions of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency by reference in other agreements with States that are not or were not at the time parties to the Agreement |
36 |
| 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 |
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2. |
Other political and security questions |
55 |
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3. |
Environmental, economic, social, humanitarian and cultural questions |
58 |
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4. |
Law of the sea |
75 |
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5. |
International Court of Justice |
76 |
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6. |
International Law Commission |
78 |
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7. |
United Nations Commission on International Trade Law |
80 |
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8. |
Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies |
82 |
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9. |
Respect for the privileges and immunities of officials of the United Nations and the specialized agencies and related organizations |
92 |
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10. |
United Nations Institute for Training and Research |
93 |
| B. |
General review of the legal activities of intergovernmental organizations related to the United Nations |
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1. |
International Labour Organization |
93 |
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2. |
Food and Agriculture Organization of the United Nations |
94 |
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3. |
United Nations Educational, Scientific and Cultural Organization |
100 |
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4. |
International Civil Aviation Organization |
103 |
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5. |
World Health Organization |
104 |
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6. |
World Bank |
105 |
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7. |
International Monetary Fund |
108 |
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8. |
Universal Postal Union |
111 |
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9. |
International Maritime Organization |
113 |
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10. |
International Fund for Agricultural Development |
114 |
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11. |
International Atomic Energy Agency |
120 |
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12. |
United Nations Industrial Development Organization |
121 |
| 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 United Nations Administrative Tribunal |
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1. |
Judgement No. 389 (4 June 1987): Hrubant and eight others v. the Secretary-General of the United Nations |
139 |
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Request for promotion to S-3 level pursuant to the "1974
agreement" — Secretary-General's discretionary power was limited by the agreement — Terms of the agreement were valid until a new promotion system had been approved — Question of interpretation of the terms of the agreement |
139 |
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2. |
Judgement No. 390 (5 June 1987): Walter v. the Secretary-General of the United Nations |
140 |
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Request for implementation of promotion from G-5 to P-2,
granted by the Executive Director of UNITAR just before his term ended and suspended by the new Executive Director — Entitlement of the Director to exercise his authority until his term of office expired — Appointment and Promotion Board's negative advice on the promotion is not binding on the Executive Director — No legal justification for the suspension of the decision of the former Executive Director — Question of whether the Applicant's promotion to the Professional category was valid upon her assignment to the United Nations Secretariat |
140 |
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3. |
Judgement No. 395 (5 November 1987): Oummih, Gordon and Gruber v. the Secretary-General of the United Nations |
142 |
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Applicants challenge the Secretary-General's decision on the
deferment of the implementation of cost-of-living adjustments in the salaries of General Service staff — Competence of the Secretary-General in the matter — No legal expectancy that the methodology or the consequential adjustments would never be modified or suspended — Interpretation of the legal effect of the decision using the guiding principle that it should be construed as having a lesser rather than greater adverse effect on the rights of the staff under the Staff Regulations and Rules — Right of the staff to be informed with reasonable clarity of an important aspect of staff compensation — Acquired right under regulation 12.1 to the payment of the cost-of-living adjustment until the General Assembly decision of 9 May 1986 — Question of consultation with ICSC in the matter — Tribunal not empowered to question sovereign authority of the General Assembly to take the decision — Accepted principle of law that the actions of any party are presumed to be in accord with and to honour prior legislation and commitments — Question of violation of the principle of equality |
142 |
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4. |
Judgement No. 399 (9 November 1987): Walsh v. the Secretary-General of the United Nations |
144 |
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Applicant challenges methodology used to calculate his
emoluments upon promotion from FS-5 to P-2 — Question of whether promotion was consistent with administrative instruction ST/AI/279 and rule 103.9 of the Staff Rules — Understanding of the term "promotion" — Staff member cannot be bound by unpublished memorandum — Methodology applied did not represent a reasonable or permissible interpretation of administrative instruction ST/AI/279 or staff rule 103.9 |
144 |
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5. |
Judgement No. 401 (12 November 1987): Upadhya v. the Secretary-General of the United Nations |
146 |
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Discriminatory treatment of a staff member determined by the
Panel to Investigate Allegations of Discriminatory Treatment — Unjustified delay of the Respondent in replying to the Applicant's appeal — Competence of the Joint Appeals Board in the matters raised by the Applicant — Prompt and effective action has to be taken to remedy discriminatory treatment |
146 |
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6. |
Judgement No. 408 (13 November 1987): Rigoulet v. the Secretary-General of the United Nations |
148 |
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Request for a repatriation grant — Prerequisites for payment of a
repatriation grant — Those entitled to the grant have to meet relevant requirements set forth in rule 109.5 of the Staff Rules — Tribunal obliged to apply to United Nations staff members the provisions of the United Nations Staff Regulations and Rules irrespective of what other international organizations do |
148 |
| B. |
Decisions of the Administrative Tribunal of the International Labour Organization |
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1. |
Judgement No. 803 (13 March 1987): Grover v. International Computing Centre (World Health Organization) |
149 |
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Question of the conclusion of an employment contract —
Conditions for formulation of a valid contract — UNOG officials do not have competence to make commitments that would bind the International Computing Centre — Right of the complainant to payment for work he did |
149 |
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2. |
Judgement No. 809 (13 March 1987): Najman (Nos. 1 and 4) v. United Nations Educational, Scientific and Cultural Organization |
150 |
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Complainant challenges a Director-General's decision to place
him on an "unclassified" post on special leave with pay — Consultation with the UNESCO Executive Board required for appointment or renewal of a contract for senior officials — Conditions of rule 105.2(b) of the UNESCO Staff Rules on placing a staff member on special leave without pay were not met — Director-General in making assignments must pay due regard to a staff member's qualifications and experience — Rule 105.2(b) cannot be invoked in place of a disciplinary procedure |
150 |
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3. |
Judgement No. 810 (13 March 1987): Najman (No. 5) v. United Nations Educational, Scientific and Cultural Organization |
152 |
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Complainant challenges a decision to assign him at a lower
grade to a temporary post — Authority of an executive head of an organization in assigning staff is not absolute — In reviewing the complainant's assignment, the Tribunal relies on general principles that govern the international civil service, particularly that of good faith — Requirement of consultations of the decision with UNESCO Executive Board — Decision tainted with several flaws |
152 |
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4. |
Judgement No. 832 (5 June 1987): Ayoub, Lucal, Monat, Ferret-Nguyen and Samson v. International Labour Organization |
153 |
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Challenge to the new scale of pensionable remuneration —
Question of the receivability of the application founded on article 3.1.1 of the ILO Staff Regulations — Acquired right is a general principle — Definition of an "acquired right" — Tests used by the Tribunal to determine whether the altered term of appointment is fundamental and essential — International organization is bound by general principles of law |
153 |
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5. |
Judgement No. 848 (10 December 1987): Pilowsky v. World Intellectual Property Organization |
155 |
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Complainant's request for withdrawal of a written warning over
the allegation of misleading WIPO by claiming a specific nationality in his employment application — Overwhelming evidence of the complainant's right to this nationality — Right to a nationality under the Universal Declaration of Human Rights — Definition of "stateless person" as provided for in the 1954 Convention relating to the Status of Stateless Persons — Organization's obligation to examine evidence of nationality carefully — Possession of passport does not determine nationality |
155 |
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6. |
Judgement No. 873 (10 December 1987): Da v. Intergovernmental Council of Copper Exporting Countries |
156 |
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Abolition of the complainant's post — Question of the abolition
of a post under regulation 9.1(c) of the Staff Regulations while a fixed-term appointment had not expired — Organization's duty to adopt a reasonable attitude towards notice and payment of compensation to be given to a redundant staff member — Organization must abide by general principles governing international civil service |
156 |
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7. |
Judgement No. 874 (10 December 1987): Cachelin (No. 2) and application of the ILO in re Cachelin v. International Labour Organization |
157 |
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Complainant's request for interest on the amount awarded —
Sound administration of justice demanded joinder of the cases — Interest does not automatically accrue from the date the principal is due — One cannot infer legal effect from the Tribunal's refusal or failure to rule — Interest cannot be awarded on an application for a court order unless the payment of the principal is due |
157 |
| C. |
Decisions of the World Bank Administrative Tribunal |
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1. |
Decision No. 38 (27 October 1987): Von Stauffenberg, Ganuelas and Leach v. the World Bank |
159 |
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Applicants dispute salary increases in the salary structures —
Question of the jurisdiction of the Tribunal — Tribunal would not fulfil its judicial mission if it were, for procedural and purely formalistic reasons, to limit itself to the review of only one aspect of the case — Principle of parallelism between the World Bank and the International Monetary Fund in salaries and staff benefits — Principles governing staff compensation laid down in the Kafka system and in the ruling of the Tribunal in the de Merode case — Principles in question included in various aspects a margin of flexibility — Discretionary power of the President of the Bank is subject to limits on which the Tribunal has to exercise its right to review — "Political pressure" of member States and the President's responsibilities under the Articles of the Agreement |
159 |
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2. |
Decision No. 40 (27 October 1987): The World Bank Staff Association v. International Bank for Reconstruction and Development, International Finance Corporation, International Development Association |
162 |
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The Staff Association challenges various aspects of the Bank's
plan for reorganization of the staff — Question whether the Tribunal has power to hear and pass judgement upon the application filed by the Staff Association — Staff Association standing vis-a-vis the Tribunal — The Staff Association may serve, under rule 23 (2) of the Tribunal's statute, in particular cases as amicus curiae |
162 |
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3. |
Decision No. 41 (27 October 1987): Godwin Agodo v. International Bank for Reconstruction and Development, International Finance Corporation, International Development Association |
163 |
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Applicant challenges various aspects of the Respondent's rules
providing for the reorganization of the staff — Applicant's standing to file an application in a representative capacity — No similarity to the de Merode case — The Tribunal is not empowered by its statute or the Staff Rules to issue advisory opinions — Question of issuing a decision in the form of a declaratory judgement |
163 |
| Chapter VI. Selected legal opinions of the secretariats of the United Nations and related intergovernmental organizations |
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| A. |
Legal opinions of the Secretariat of the United Nations (issued or prepared by the Office of Legal Affairs) [see also: additional legal opinions] |
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1. |
Request by a Member State that its national flag be flown halfmast at United Nations Headquarters for reasons of national mourning — United Nations Flag Code and Regulations |
169 |
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2. |
Corporate sponsorship of a global public information and fundraising event in connection with the United Nations Decade of Disabled Persons — Proposed donation by a firm in exchange for the use of representations of United Nations Headquarters in an advertising campaign — Question of the use of the United Nations emblem on the products of sponsoring companies — General Assembly resolution 92 (I) — Long-established United Nations policy to prohibit firms contracting with the Organization from referring to their services to the United Nations for commercial or other advertising purposes |
170 |
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3. |
Question whether it would be in accordance with United Nations procedure for the United Nations Environment Programme to accede in its own name to the 1986 Convention on Early Notification of a Nuclear Accident and to the 1986 Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency |
171 |
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4. |
Legal requirements regarding the accession by the United Nations to the 1986 Convention on Early Notification of a Nuclear Accident and the 1986 Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency — Requirement of the submission of "declarations of competence" by international organizations acceding to the Conventions |
173 |
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5. |
Meaning of consensus in the practice of the United Nations |
174 |
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6. |
Legal status of the decisions and recommendations of the Economic and Social Council when the General Assembly takes decisions on subjects on which the Council had already taken a decision (endorsement) — Dual capacity of the Committee for Programme and Coordination as a subsidiary organ of both the Economic and Social Council and the General Assembly |
175 |
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7. |
Policy of the Organization with regard to rights in inventions that result from projects funded by the United Nations Development Programme — Article III, paragraph 8, of the United Nations Development Programme Standard Basic Assistance Agreement and article VIQ of the Basic Agreement with executing agencies — Question whether such policy restricts the patenting of the subject inventions by Governments |
177 |
| |
8. |
Designation of executing agencies for projects of the United Nations Development Programme — Historical background of the issue |
180 |
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9. |
Policies governing the attribution of authorship in United Nations publications, documents and other official papers |
186 |
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10. |
Legal questions concerning the functioning of the Staff Association of the United Nations Environment Programme |
191 |
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11. |
Question of the acceptance by a staff member of a nomination by the Government of a Member State as "Chevalier de la Légion d'Honneur" — Regulation 1.6 of the Staff Regulations of the United Nations — Article 100, paragraph 2, of the Charter of the United Nations |
194 |
| |
12. |
Termination of a permanent or fixed-term appointment for absence on sick leave — Relevant provisions of the Staff Regulations and Rules of the United Nations |
195 |
| |
13. |
Assessment of damage to United Nations vehicles and United Nations-owned equipment attributable to gross negligence on the part of personnel of a United Nations peace-keeping mission — UNTSO administrative circular 7/79 — Rule 112.3 of the Staff Rules of the United Nations |
198 |
| |
14. |
Request for an ex-gratia payment on behalf of a former member of a national contingent in the United Nations Emergency Force in the Sinai Desert — Conditions to be met for an ex-gratia payment to be appropriate — Rule 110.13(a) of the Financial Regulations and Rules of the United Nations — United Nations practice regarding reimbursement of compensation awards made by troop-contributing countries to contingent members |
200 |
| |
15. |
Question of reservations to the 1953 Convention on the Political Rights of Women — Comments on suggestions to bring article VII of the Convention into conformity with the provisions on the legal effect of reservations contained in article 21 of the 1969 Vienna Convention on the Law of Treaties |
202 |
| |
16. |
United Nations procedures for the institution and enforcement of financial claims arising out of contracts — Immunity of the United Nations from legal process — Article 105 of the Charter of the United Nations and final article, sections 32 and 34, of the 1946 Convention on the Privileges and Immunities of the United Nations — Settlement of disputes arising out of contracts or other disputes of a private law character |
203 |
| |
17. |
Notice from a quasi-judicial body of a charge of discrimination made by a former short-term staff member filed against the General Assembly of the United Nations and two United Nations officials — Basis of the United Nations' immunity from legal process and from the jurisdiction of quasi-judicial bodies — Cases in which the immunities of the United Nations and other international organizations from all forms of legal process were upheld by courts of the United States |
206 |
| |
18. |
Status of United Nations correspondence dispatched in bags — Obligations of Member States to grant privileges and immunities to such correspondence under the 1946 Convention on the Privileges and Immunities of the United Nations and the 1961 Vienna Convention on Diplomatic Relations |
208 |
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19. |
Requirement under the law of a Member State that locally recruited United Nations officials obtain a work permit from local authorities — Articles 100 and 101 of the Charter of the United Nations — Article V, section 17, of the Convention on the Privileges and Immunities of the United Nations — Meaning of the term "officials" for the purposes of article V, section 17, of the Convention in the light of General Assembly resolution 76(1) |
209 |
| |
20. |
Conscription of United Nations staff members into the armed forces of a Member State — Question whether the provisions of the 1946 Convention on the Privileges and Immunities of the United Nations can be considered applicable to all staff members of the United Nations system |
210 |
| |
21. |
Conscription in a Member State of one of its nationals holding a fixed-term appointment in the Secretariat of the Economic and Social Commission for Western Asia — Analysis of the differing provisions on military service contained in the 1979 Agreement relating to the headquarters of the United Nations Economic Commission for Western Asia and in the 1946 Convention on the Privileges and Immunities of the United Nations |
211 |
| |
22. |
Question of the exemption of the United Nations from a proposed harbour maintenance fee in a host country — Character of the fee in question — Article II, section 7, of the 1946 Convention on the Privileges and Immunities of the United Nations |
213 |
| |
23. |
Advice on new banking and customs regulations in a Member State — Questions concerning the holding of local currency accounts; rent payments in foreign currency; charges for public utility services and telecommunications; and importation of vehicles and household appliances — Provisions of the 1946 Convention on the Privileges and Immunities of the United Nations |
214 |
| |
24. |
Question whether locally recruited staff of the United Nations peace-keeping force in Cyprus are exempted from taxation on their salaries and emoluments — Paragraphs 24 and 37 of the 1964 Agreement between the United Nations and Cyprus concerning the status of the United Nations Peace-keeping Force in Cyprus |
216 |
| |
25. |
Legal bases for the exemption of non-American United Nations officials from United States social security coverage |
217 |
| |
26. |
Question whether the status of a permanent mission is affected by the fact that it is temporarily without either a permanent representative or a chargé d'affaires — Practice of the Organization in this respect |
218 |
| |
27. |
Establishment of observer missions by States not Members of the United Nations — Privileges and immunities enjoyed by permanent observers — Financial contribution of non-member States to the activities of the United Nations — Admissibility of restrictions placed by States on the use of their contributions |
220 |
| |
28. |
Diplomatic privileges and immunities of members of the staff of permanent missions to the United Nations — Determination of the scope of the privileges and immunities to be provided to a given category of members of the staff of the mission — Criteria set forth by the host country for entitlement to diplomatic privileges and immunities for diplomatic officers of permanent missions to the United Nations — Relevant provisions of the 1946 Convention on the Privileges and Immunities of the United Nations and the 1961 Vienna Convention on Diplomatic Relations — Role of the Secretary-General of the United Nations in such matters in the light of article V, section 15(2), of the 1947 Headquarters Agreement |
221 |
| |
29. |
Law governing the protection of permanent missions to the United Nations — Article 22 of the 1961 Vienna Convention on Diplomatic Relations — Act for the Protection of Foreign Officials and Official Guests of the Host Country |
223 |
| |
30. |
Question whether the premises occupied by permanent missions to the United Nations are exempt from real estate taxes imposed on the owner of the premises — Provisions of article V, section 15, of the 1947 Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations in connection with article 23 of the 1961 Vienna Convention on Diplomatic Relations |
224 |
| B. |
Legal opinions of the secretariats of intergovernmental organizations related to the United Nations |
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1. |
International Labour Office |
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| |
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Memoranda prepared by the International Labour Office in reply to requests for clarification concerning instruments adopted by the International Labour Conference |
225 |
| |
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(a) |
Memorandum on the Labour Administration Convention, 1978 (No. 150), drawn up at the request of the Government of Canada |
225 |
| |
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(b) |
Memorandum on the Asbestos Convention, 1987 (No. 162), drawn up at the request of the Government of Canada |
229 |
| |
2. |
United Nations Industrial Development Organization |
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| |
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(a) |
Offer from a member State of services in lieu of cash as payment of assessed contributions |
233 |
| |
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(b) |
Legal consequences of withdrawal of a member State from UNIDO |
234 |
| |
|
(c) |
Delays in purchases of equipment — clearance by
Government |
235 |
