Codification Division Publications: United Nations Juridical Yearbook Codification Division Publications: United Nations Juridical Yearbook

1994

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

Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations View PDF file
  1. Norway  
      Note verbale dated 16 November 1995 from the Permanent Representative of Norway to the United Nations 3
  2. Peru  
      Supreme Decree No. 37-94-EF 3
  3. Sweden  
      Note verbale dated 29 February 1991 from the Permanent Mission of Sweden to the United Nations 7
Chapter II. Treaty provisions concerning the legal status of the United Nations and related intergovernmental organizations View PDF file
A. Treaty provisions concerning the legal status of the United Nations  
  1. Convention on the Privileges and Immunities of the United Nations. Approved by the General Assembly of the United Nations on 13 February 1946 8
  2. Agreements related to installations and meetings  
    (a) Agreement between the United Nations and the Government of Cameroon concerning the United Nations Information Centre for Cameroon, Gabon and the Central African Republic in Yaoundé. Signed at Yaoundé on 8 March 1994 8
    (b) Agreement between the United Nations and the Government of Netherlands concerning the headquarters of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991. Signed at New York on 29 July 1994 10
    (c) Exchange of letters constituting an agreement between the United Nations and the Government of the former Yugoslav Republic of Macedonia on the status of the United Nations Protection Force in the former Yugoslav Republic of Macedonia. Skopje, 1 and 14 June 1994 23
    (d) Exchange of letters constituting an agreement between the United Nations and the Government of Liberia on the establishment of the United Nations Observer Mission in Liberia. New York, 9 May and 29 July 1994 35
    (e) Agreement between the United Nations and the Government of Slovakia on the provision of facilities for the technical conversion training of the Bangladeshi military contingent assigned to the United Nations Protection Force in Bosnia and Herzegovina. Signed at Bratislava on 23 September 1994 38
    (f) Agreement between the United Nations and the Government of India regarding arrangements for the fiftieth session of the United Nations Economic and Social Commission for Asia and the Pacific [to be held at New Delhi from 5 to 13 April 1994]. Signed at Bangkok on 16 February 1994 40
    (g) Agreement between the United Nations and the Government of China regarding the arrangements for the Fourth World Conference on Women: Action for Equality, Development and Peace [to be held at Beijing from 4 to 15 September 1995]. Signed at Beijing on 14 September 1994 42
    (h) Agreement between the United Nations and the Government of Egypt regarding the arrangements for the International Conference on Population and Development [to be held at Cairo from 5 to 13 September 1994]. Signed at Geneva on 6 July 1994 44
    (i) Agreement between the United Nations and the Government of Barbados regarding the arrangements for the Global Conference on the Sustainable Development of Small Island Developing States, Bridgetown, 25 April to 6 May 1994. Signed at New York on 11 March 1994 46
    (j) Agreement between the United Nations and the Government of Denmark regarding arrangements for the World Summit for Social Development [to be held at Copenhagen from 11 to 12 March 1995]. Signed at New York on 22 August 1994 48
    (k) Agreement between the United Nations and the Government of the Philippines regarding the arrangements for the Asian and Pacific Ministerial Conference in Preparation for the World Summit for Social Development of the United Nations Economic and Social Commission for Asia and the Pacific. Signed at Bangkok on 10 May 1994 50
    (l) Exchange of letters constituting an agreement between the United Nations and the Government of the Republic of Korea concerning arrangements regarding the Asia-Pacific Workshop on Human Rights issues to be held at Seoul from 18 to 20 July 1994. Geneva, 10 and 17 June 1994 52
    (m) Exchange of letters constituting an agreement between the United Nations and the Government of Lithuania concerning arrangements regarding the Seminar on Human Rights to be held at the Vilnius from 12 to 14 April 1994. Geneva, 4 March and 7 April 1994 55
    (n) Exchange of letters constituting an agreement between the United Nations and the Government of Greece concerning arrangements regarding the Seminar on Harvesting and Silviculture of Degraded and Coppice Forests in the Mediterranean Region and the twentieth session of the joint FAO/ECE/ILO Committee on Forest Technology, Management and Training, of the Economic Commission for Europe, to be held at Thessaloniki from 1 to 3 November and from 7 to 10 November 1994, respectively. Geneva, 17 October 1994, and Athens, 26 October 1994 58
    (o) Exchange of letters constituting an agreement between the United Nations and the Government of Sweden concerning arrangements for the Fourth United Nations Training Course on Remote Sensing Education for Educators, organized in cooperation with the Government of Sweden, to be held at Stockholm and Kiruna from 2 May to 10 June 1994. Vienna, 6 and 29 April 1994 61
    (p) Exchange of letters constituting an agreement between the United Nations and the Government of Hungary concerning arrangements regarding the meeting of signatories to the Convention on the Transboundary Effects of Industrial Accidents, to be held at Budapest from 23 to 25 March 1994. Geneva, 23 and 25 February 1994 64
    (q) Exchange of letters constituting an agreement between the United Nations and the Government of Cyprus concerning arrangements for the meeting of experts on human settlements problems in Southern Europe, of the Economic Commission for Europe, to be held at Nicosia from 6 to 8 June 1994. Geneva, 26 May and 1 June 1994 66
  3. Agreements relating to the United Nations Children’s Fund  
      Basic Cooperation Agreement between the United Nations (United Nations Children’s Fund) and the Government of Bhutan. Signed at Thimphu on 17 March 1994 69
  4. Agreements relating to the United Nations Development Programme 75
      Basic Agreement between the United Nations (United Nations Development Programme) and the Government of Eritrea concerning assistance by the United Nations Development Programme to the Government of Eritrea. Signed at Asmara on 11 June 1994 75
  5. Agreements relating to the United Nations Environment Programme 77
      Agreement between the United Nations (United Nations Environment Programme) and the Government of Canada constituting a Memorandum of Understanding regarding the arrangements for the meeting of Government designated experts focusing on the 1985 Montreal Guidelines for the protection of the Marine Environment against Pollution from Land-based Sources, Montreal, 6 to 10 June 1994. Signed at Nairobi on 9, 11 and 26 May 1994 77
  6. Agreements relating to the Office of the United Nations High Commissioner for Refugees 80
    (a) Agreement between the United Nations (United Nations High Commissioner for Refugees) and the Government of Slovakia concerning the legal status, immunities and privileges of the Office of the United Nations High Commissioner for Refugees and its personnel in Slovakia. Signed at Bratislava on 1 March 1994 80
    (b) Agreement between the United Nations (United Nations High Commissioner for Refugees) and the Government of Albania on the establishment of a UNHCR field office in Albania. Signed at Tirana on 13 April 1994 86
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 91
  2. Agreement between the United Nations, the International Labour Organization, the World Health Organization and Sweden regarding the arrangements for the International Conference on Chemical Safety to be held at Stockholm from 25 to 29 April 1994. Signed at Geneva on 21 April 1994 91
  3. Food and Agriculture Organization of the United Nations  
    (a) Agreement based on the standard “Memorandum of Responsibilities” in respect of FAO sessions 93
    (b) Agreements based on the standard “Memorandum of Responsibilities” in respect of seminars, workshops, training courses or related study tours 93
  4. United Nations Educational, Scientific and Cultural Organization  
      Agreements relating to conferences, seminars and other meetings 94
  5. World Health Organization  
      Basic Agreement between the World Health Organization and Eritrea for the establishment of technical advisory cooperation relations. Signed at Brazzaville on 25 November 1994 and at Asmara on 20 December 1994 94
  6. United Nations Industrial Development Organization  
      Basic Cooperation Agreement between the United Nations (United Nations Industrial Development Organization) and the Government of Gambia. Signed at Vienna on 27 January 1994 96
  7. International Atomic Energy Agency  
      Agreement between the International Atomic Energy Agency and Ukraine for the application of safeguards to all nuclear material in all peaceful nuclear activities of Ukraine. Signed at Vienna on 28 September 1994 99

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

Chapter III. General review of the legal activities of the United Nations and related intergovernmental organizations View PDF file
A. General review of the legal activities of the United Nations  
  1. Disarmament and related matters 105
  2. Other political and security questions 110
  3. Environmental, economic, social, humanitarian and cultural questions 113
  4. Law of the Sea 137
  5. International Court of Justice 138
  6. International Law Commission 154
  7. United Nations Commission on International Trade Law 156
  8. Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies 157
  9. United Nations Institute for Training and Research 160
B. General review of the legal activities of intergovernmental organizations related to the United Nations  
  1. International Labour Organization 161
  2. Food and Agriculture Organization of the United Nations 162
  3. United Nations Educational, Scientific and Cultural Organization 167
  4. World Health Organization 168
  5. World Bank 170
  6. International Monetary Fund 173
  7. International Civil Aviation Organization 180
  8. International Telecommunication Union 181
  9. International Maritime Organization 184
  10. World Intellectual Property Organization 190
  11. International Fund for Agricultural Development 195
  12. United Nations Industrial Development Organization 199
  13. International Atomic Energy Agency 201
Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations View PDF file
A. Treaties concerning international law concluded under the auspices of the United Nations  
  1. Agreement establishing the World Trade Organization. Done at Marrakech on 15 April 1994 213
  2. Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982. Done at New York on 28 July 1994 223
  3. Convention on the Safety of United Nations and Associated Personnel. Done at New York on 9 December 1994 237
  4. Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Further Reduction of Sulphur Emissions. Done at Oslo on 14 June 1994 246
  5. United Nations Convention to Combat Desertification in those countries Experiencing Serious Drought and/or Desertification, particularly in Africa. Opened for signature at Paris on 14 October 1994 270
B. Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations  
  1. International Labour Organization  
    Convention and Recommendation concerning Part-time Work. Done at Geneva on 24 June 1994 315
  2. International Monetary Fund  
    Agreement for the Establishment of the Joint Vienna Institute to Provide Training Support during the Transition of Central and Eastern European Countries to Marketbased Economies. Done on 19 August 1994 323
  3. World Intellectual Property Organization  
    Trademark Law Treaty and Regulations. Done at Geneva on 27 October 1994 328
  4. International Atomic Energy Agency  
    Convention on Nuclear Safety. Done at Vienna on 17 June 1994 348
Chapter V. Decisions of Administrative Tribunals of the United Nations and related intergovernmental organizations View PDF file
A. Decisions of the United Nations Administrative Tribunal  
  1. Judgment No. 636 (8 July 1994): Noll-Wagenfeld v. the Secretary-General of the United Nations  
      Claim for earlier effective date for promotion to P-5—Question of whether Respondent may consider staff member’s past conduct whether or not subject of a prior Tribunal decision for promotion purposes—Discretion of Secretary-General in such cases 362
  2. Judgment No. 638 (13 July 1994): Treggi v. the Secretary-General of the United Nations  
      Claim for reimbursement of travel expenses—Question of obtaining authorization to travel on behalf of the Organization—Question of unjust enrichment on part of the Administration 363
  3. Judgment No. 656 (21 July 1994): Kremer & Gourdon v. the Secretary-General of the United Nations  
      Claim for repatriation grant—Construction of the whole text and not one section alone is important principal of interpretation—Ascertaining the purpose of a provision is part of interpretation process—Interpretation leading to a reasonable result should be selected over one leading to an unreasonable result—Question of equality of treatment—Question of stare decisis 364
  4. Judgment No. 671 (4 November 1994): Grinblat v. the Secretary-General of the United Nations  
      Non-inclusion in shortlist for promotion to P-5—Secretary- General’s bulletin ST/SGB/237—Nature of affirmative action measures in the United Nations Secretariat— Remedy in case where Applicant not given fair consideration for promotion 366
  5. Judgment No. 673 (4 November 1994): Hossain v. the Secretary-General of the United Nations  
      Complaint against disciplinary procedure which resulted in the termination of the Applicant’s appointment—Choice of appropriate disciplinary measure is within discretionary authority of the Secretary-General—Question of due process rights of Applicant—Question of factual findings in case 368
  6. Judgment No. 686 (11 November 1994): Rebizov v. the Secretary-General of the United Nations  
      Non-extension of fixed-term appointment—Question of a valid secondment—Right to be evaluated solely on objective grounds for extension 370
  7. Judgment No. 687 (11 November 1994): Cure v. the Secretary-General of the United Nations  
      Complaint against the disciplinary measure to demote the Applicant—Question of the validity of ECLAC internal rules—An act of wrongdoing is not justified by a defence that it is common practice 371
B. Decisions of the Administrative Tribunal of the International Labour Organization  
  1. Judgment No. 1304 (31 January 1994): Coe v. World Tourism Organization  
      Termination of consultancy contract—Question of receivability —Complaint must be filed within 90 days of “final” decision 372
  2. Judgment No. 1308 (31 January 1994): Ho v. World Health Organization  
      Downgrading of duties in context of reorganization—Question of a “final” decision before lodging an appeal 373
  3. Judgment No. 1312 (31 January 1994): Jiang v. International Atomic Energy Agency  
      Non-extension of fixed term contract—Discretionary decision is subject to review—Question of United Nations official’s private life—Duty to protect independence of staff member 374
  4. Judgment No. 1317 (31 January 1994): Amira v. International Telecommunication Union  
      Non-renewal of fixed-term appointment—Expiry of a fixed- term contract is a challengeable administrative decision—Discretionary decision subject to review—Duty to indicate reasons for non-renewal—Importance of procedural safeguards—Question of appropriate remedy 375
  5. Judgment No. 1321 (31 January 1994): Bernard v. European Organization for Nuclear Research  
      Request for payment of annual leave upon termination— Regulation R II 4.09—An unlawful act or ex gratia benefit is not precedent 377
  6. Judgment No. 1323 (31 January 1994): Morris (No. 2) v. World Health Organization  
      Non-renewal of a fixed-term appointment—Previous Judgment No. 891—Question of privileged information in the context of selection of candidates for a post—Longserving and deserving staff member’s right to another vacant post—Staff regulation 4.2 and 4.4—Question of a remedy 378
  7. Judgment No. 1324 (31 January 1994): Rivero v. European Patent Organization  
      Request for change of home leave designation—Question of equal treatment—Question of change of home leave designation pursuant to article 60 380
  8. Judgment No. 1326 (31 January 1994): Gautrey v. International Telecommunication Union  
      Request for termination indemnity from ITU after obtaining employment with another organization—Question of improper composition of the Appeal Board—Question of termination because of abolition of post from ITU or transfer to ILO from ITU—Question of breach of good faith of ITU 382
  9. Judgment No. 1339 (13 July 1994): Grant v. World Health Organization  
      Request for paternal leave—Maternity leave not a form of discrimination against men—Adoptive parents cannot be compared to natural parents in these circumstances—Question of other organizations providing for parental leave—Staff member’s right to challenge staff rules, including those in place when he accepted employment 384
  10. Judgment No. 1344 (13 July 1994): Angius v. European Patent Organization  
      Allegations of discriminatory and punitive treatment— Question of receivability—Question of improving staff member’s performance or punishing him for challenging the Administration—Breach of right to fair treatment 385
  11. Judgment No. 1366 (13 July 1994): Kigaraba (No. 3) v. Universal Postal Union  
      Recovery of overpayment of education expenses—Question of rate of exchange—Educational expenses are paid only in part—Staff member’s position as officer in charge of claims to education expenses—There is no equality in breach of law—Question of misinterpretation of rule—Time limit for recovery of overpayment 386
  12. Judgment No. 1367 (13 July 1994): Ozorio (No. 4) v. World Health Organization  
      Request for extension of time limit for removal of household effects—Question of receivability—Review of discretionary decision 388
  13. Judgment No. 1272 (13 July 1994): Malhotra v. World Health Organization  
      Non-selection to post—Question of confidentiality of selection committee documentation—Right of review by appellate body 389
  14. Judgment No. 1376 (13 July 1994): Mussnig v. World Health Organization  
      Non-renewal of appointment—Question of receivability— Nature of rules on internal appeals and Appeal Board’s Rules of Procedure [1/M Organization’s role in deterring sexual harassment—Question of a remedy to grave damage to staff member’s career 390
C. Decisions of the World Bank Administrative Tribunal  
  1. Decision No. 139 (14 October 1994): Jasbir Chhabra v. International Bank for Reconstruction and Development  
      Complaint against poor performance evaluations—Question of receivability—Allegations of harassment and prejudice must be supported by evidence—Question of a mismatch of staff member’s capabilities and requirements of assigned post—Question of a remedy in a case of mismanagement of staff member’s career 392
  2. Decision No. 140 (14 October 1994): Safari O’Humay v. International Bank for Reconstruction and Development  
      Complaint against disciplinary proceedings concerning the hiring of a domestic employee on a G-5 visa—Question of whether a personal debt of the staff member pertains to the domain of official duties and conduct—Misrepresentations to foreign consular office regarding an agreement between staff member and G-5 domestic employee—Question of the consideration of staff member’s performance report in the context of disciplinary proceedings—Question of appropriateness of disciplinary measures imposed 395
D. Judgment of the administrative tribunal of the International Monetary Fund  
    Judgment No. 1994-1 (31 August 1994): Mr. “X” v. International Monetary Fund  
      Request that the length of service period for Pension Fund calculation be extended from 30 September 1985 to 1 January 1986—Jurisdiction of Tribunal—Administrative decision having later consequences 398
Chapter VI. Selected legal opinions of the secretariats of the United Nations and related intergovernmental organizations View PDF file
A. Legal opinions of the Secretariat of the United Nations (issued or prepared by the Office of Legal Affairs)  
  Claims, compensation, contracts and liability issues  
  1. Claim for rental payment for the use of a compound by United Nations Mission in Somalia (UNOSOM II)—General principles concerning provision of premises in peacekeeping operations—the case of UNOSOM II (26 January 1994) 403
  2. Contractual arrangements established for the purchase of the goods and services requested by a Government—UNICEF Financial Regulations and Rules—Requirement that payments be made in advance of purchase and delivery of the goods and services obtained through UNICEF by Governments (28 February 1994) 407
  3. Contracts awarded to licensed operators acting as brokers in aircraft chartering—Standard United Nations aircraft charter agreement—Short-term charters (17 May 1994) 408
  4. Disclosure of contracts with firms to a non-official body of the United Nations Environment Programme (23 August 1994) 411
  5. Administrative instructions—Policies of the United Nations in regard to transportation on United Nations-chartered aircraft—Issues of liability of the Organization and necessary insurance coverage for injuries, death or loss sustained during travel on United Nations-chartered aircraft (22 September 1994) 412
  6. Compensation for service-incurred death, injury or illness of consultants employed by the United Nations under a special service agreement (7 October 1994) 416
  7. Conclusion of a contract—General terms and conditions applicable to contracts for goods and services—Liability for United Nations-authorized purchase order (8 November 1994) 418
  8. Compensation for alleged damage to a United Nations Development Programme office—Termination of a lease based on “compelling circumstances” (17 November 1994) 420
  Commercial issues  
  9. United Nations policy concerning gifts and commercial credits—Financial regulation 7.2 to 7.4 and financial rule 107.5 to 107.7—Use of the United Nations name—General Assembly resolution 92(I) of 7 December 1946 (7 July 1994) 422
  Communications  
  10. Legality of radio broadcasting by the United Nations towards a State from international waters or from a third State—General Assembly resolution 13(I) of 13 February 1946—Article 39 of the International Telecommunication Convention—Article XVI of the Agreement between the United Nations and the International Telecommunication Union—Article 109 of the 1982 United Nations Convention on the Law of the Sea—ITU Radio Regulations (3 February 1994) 423
  11. Question of possible private ownership and operation of the United Nations telecommunications network—1989 International Telecommunication Union resolution No. 50 (15 July 1994) 426
  12. Radio broadcast systems for United Nations peacekeeping operations—Provisions on communications in the status of forces agreements—Article XVI of the Agreement between the United Nations and the International Telecommunication Union—Legal bases for the establishment of radio broadcasting by the United Nations (21 December 1994) 429
  Peacekeeping  
  13. Compatibility of security issues and the mandate peacekeeping forces—Mandate of UNOSOM II—Security Council resolution 897 (1994)—Licence agreement between the United Nations and the United States (25 February 1994) 431
  14. United Nations operation in Rwanda—Mandate of United Nations Assistance Mission for Rwanda—Security Council resolutions 872 (1993), 912 (1994), 918 (1994), and 929 (1994) (21 July 1994) 433
  Personnel issues  
  15. Conditions of service of police observers in the United Nations Observer Mission in El Salvador—Designation of beneficiary in case of death while in service—Question of applicability of national laws—Nature of P.2 form (5 January 1994) 435
  16. Question of whether the Department of Public Information can become a member of a national foundation (10 February 1994) 437
  17. Legal or contractual ties between the United Nations and individual United Nations guards—Status of United Nations Guards in connection with repatriation requests—Administrative instruction ST/AI/295 (18 April 1994) 438
  18. Status of air crew and support personnel provided by a Member State to the United Nations High Commissioner for Refugees airlift for Rwandan refugees—Section 22 of the Convention on the Privileges and Immunities of the United Nations (28 July 1994) 440
  19. Status of military officers on loan from Governments at no cost to the United Nations—Role of the General Assembly and consideration of the status of a new category of personnel prior to the issuance of an administrative instruction (24 October 1994) 441
  Privileges and immunities [see also: additional legal opinions]  
  20. Applicability of labour law of a receiving State to labour relations between members of missions and officials of international organizations and their private household personnel—Articles 33(2), (4) and 37(4) of the 1961 Vienna Convention on Diplomatic Relations (24 January 1994) 443
  21. Question of whether the staff of permanent missions are obliged to reside in Switzerland—Section 11 of the 1946 Agreement with the Swiss Federal Council on Privileges and Immunities of the United Nations—Article 7 of the 1975 Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character (7 February 1994) 444
  22. Dual registration of aircraft—Article 18 of the Convention on International Civil Aviation (Chicago Convention)—Exemption for United Nations aircraft from the compulsory requirement by one State of registration therein of aircraft validly registered in another State—UNICEF Standard Basic Cooperation Agreement—Agreement between the United Nations and a Member State for the establishment of UNEP headquarters (10 February 1994) 447
  23. Legal basis for not explicitly accepting in United Nations contracts a reference to national law as the proper law in the settlement of disputes—Section 29(a) of the Convention on the Privileges and Immunities of the United Nations (27 April 1994) 449
  24. Question of whether the United Nations should be held responsible for violations of the Convention on International Trade in Endangered Species of Wild Fauna and Flora committed by servicemen of UNOSOM II (28 April 1994) 450
  25. Federal excise tax on vaccines—Question of whether the United Nations is exempt from paying such tax—Article II, sections 7 and 8, of the Convention on the Privileges and Immunities of the United Nations (9 May 1994) 451
  26. Landing and parking fees levied on the United Nations—Sections 7(a) and 34 of the Convention on the Privileges and Immunities of the United Nations—Article 105 of the Charter of the United Nations (17 June 1994) 452
  27. Exemption from direct taxation of the United Nations—Nature of royalty fees—Incompatibility of measures increasing the financial burdens of the Organization with the Convention on the Privileges and Immunities of the United Nations (3 August 1994) 454
  28. Exemption of military component of United Nations Peacekeeping Force in Cyprus from registration fees and road tax—Scope of the expression “members of the Force”—Exchange of letters of 31 March 1964 between the United Nations and the Government of Cyprus (19 September 1994) 455
  29. Status of UNICEF Goodwill Ambassadors—Entitlement to privileges and immunities of the United Nations (18 October 1994) 455
  30. Question of applicability of local law to United Nations Truce Supervision Organization special service agreements—Article 105 of the Charter of the United Nations—Convention on the Privileges and Immunities of the United Nations (1 December 1994) 457
  Procedural and institutional issues  
  31. Status of national human rights institutions in United Nations bodies—Palestinian Independent Commission on Human Rights (4 January 1994) 458
  32. Question of whether the first session of the Conference of the Parties to the United Nations Framework Convention on Climate Change would take place on a different date than the one stipulated in the Convention (25 January 1994) 459
  33. Status of the Federal Republic of Yugoslavia after General Assembly resolution 47/1, especially with regard to the publication Multilateral Treaties Deposited with the Secretary-General (31 January 1994) 460
  34. Observer status in the General Assembly of entities other than States—Status of the Sovereign Military Order of Malta (3 February 1994) 463
  35. Conditions of access to internal United Nations documentation and to archives of peacekeeping operations (30 March 1994) 464
  36. Question of whether a system of United Nations awards could be created by the Secretary-General for providers of assistance—Power to establish and grant awards is a power of the Organization—Express or implied authority vested in the Secretary-General (31 March 1994) 465
  37. Suspension of a member of World Meteorological Organization from its rights and privileges—Renewal of membership rights—Articles 14 and 31 of the WMO Convention (case of South Africa) (8 April 1994) 467
  38. Procedures required for an organization to obtain observer status with the United Nations (21 April 1994) 468
  39. Status of the Global Environment Facility (31 May 1994) 469
  40. Question of credentials, voting rights and financial obligations of South Africa upon resumption of its participation in the work of the General Assembly—Article 17 of the Charter of the United Nations (1 June 1994) 474
  41. Question whether the World Health Organization can establish entities within the Organization or whether it can participate in the establishment, under the national laws of a Member State, of a private entity—Possibility of participation of a WHO staff member in his official capacity in the operation and management of such entity (1 June 1994) 475
  42. Establishment of diplomatic mission of a Member State to the Conference on Disarmament—Rules of procedure of the Conference—General Assembly resolution 257(III) (22 June 1994) 477
  43. Question of juridical personality and legal capacity in relation to United Nations agencies, programmes and funds (26 July 1994) 478
  44. Conditions of use of United Nations premises—Charge of rental costs—General Assembly resolution 41/213—Status of United Nations Institute for Training and Research (12 August 1994) 480
  45. Procedure for dealing with communications relating to violations of human rights and fundamental freedoms—Paragraph 10 of Economic and Social Council resolution 1503 (XLVIII) (12 August 1994) 483
  46. Subsidiary organs—Question whether the United Nations Development Programme, United Nations Population Fund and United Nations Children’s Fund Executive Boards are subsidiary organs of the Economic and Social Council or the General Assembly—Chapters IX and X of the Charter of the United Nations (22 August 1994) 487
  47. Nominations to the Advisory Committee on Administrative and Budgetary Questions—General Assembly resolution 47/1 of 22 September 1992 (17 October 1994) 490
  48. Succession in the membership of the International Cocoa Organization—Succession of States in respect of State property—1983 Vienna Convention on Succession of States in Respect of State Property, Archives and Debts (10 November 1994) 491
  Procurement  
  49. Legal regime of the charter of aircraft—United Nations standard air charter agreements—Question of whether United Nations aircraft charter standard forms can be used to obtain scheduled international and transport services (17 May 1994) 495
  50. Interpretation of United Nations financial rule 110.20—Meaning of the term “publicly opened” as applied to bids—General procurement practice (29 July 1994) 497
  51. Conditions for United Nations acceptance of voluntary contributions of assistance from Member States (12 August 1994) 498
  Security Council issues  
  52. Question of whether export of freon gas to Iraq would constitute a violation of the Montreal Protocol on Substances that Deplete the Ozone Layer—Security Council resolutions 661 (1990) and 687 (1991)—Functions of the depositary; article 20 of the Vienna Convention on the Law of Treaties (3 June 1994) 500
  53. Status of the “United Nations Command” in the Republic of Korea—Security Council resolution 84 (1950) (16 June 1994) 501
  54. Resolutions under Chapter VII adopted by the Security Council—Practice of the Council (21 November 1994) 502
  Treaties  
  55. Acceptance of depositary functions by the Secretary-General (27 May 1994 503
  56. Full powers according to the practice of the Secretary-General as depositary of multilateral treaties—Question of full powers and instruments emanating from various authorities of a federal state—Registration of treaties concluded by such authorities (29 June 1994) 504
B. Legal opinions of the Secretariats of intergovernmental organizations related to the United Nations  
  United Nations Industrial Development Organization  
  1. Commissary access for staff of the secretariat of the Conference on Security and Cooperation in Europe 506
  2. Comments on paragraphs 11, 12 and 24 of Industrial Development Board draft document entitled “Administrative Matters: International Civil Service Commission”, relating to adjustments to the salary and other entitlements of the Director-General 507
  3. Cooperation between UNIDO and the Palestine Liberation Organization 509

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

Chapter VII. Decisions and Advisory Opinions of International Tribunals View PDF file
Chapter VIII. Decisions of national tribunals View PDF file
  1. Argentina  
      Judgments of the Supreme Court 519
  2. Germany  
      Press release issued by the Federal Constitutional Court No. 29/94 521
  3. United States of America  
      United States District Court, Southern District of New York. Memorandum and order (10 January 1994) in the case of Maurizio De Luca v. the United Nations Organization, Javier Perez de Cuellar, Luis Maria Gomez, Armando Duque, Kofi Annan, Abdou Ciss, Oleg Bugaez, Susan R. Mills and Frederick Gazzoli 523

Part Four. Bibliography

Bibliography View PDF file
Legal bibliography of the United Nations and related intergovernmental organizations  
A. International organizations and international law in general  
  1. General 532
  2. Particular questions 534
B. United Nations  
  1. General 537
  2. Particular organs 538
      General Assembly 538
      International Court of Justice 538
      Secretariat 540
      Security Council 540
      United Nations forces 541
  3. Particular questions or activities 544
      Collective security 544
      Commercial arbitration 545
      Diplomatic relations 546
      Disarmament 547
      Domestic jurisdiction 547
      Environmental questions 548
      Financing 550
      Friendly relations and cooperation among States 551
      Human rights 551
      International administrative law 553
      International Centre for Settlement of Investment Disputes 554
      International criminal law 554
      International economic law 557
      International terrorism 558
      International trade law 558
      International waterways 559
      Intervention 560
      Law of the sea 561
      Law of treaties 562
      Law of war 563
      Maintenance of peace 564
      Namibia 566
      Natural resources 567
      Non-governmental organizations 567
      Outer space 568
      Peaceful settlement of disputes 568
      Political and security questions 569
      Progressive development and codification of international law (in general) 570
      Recognition of States 570
      Refugees 570
      Right of asylum 571
      Rule of law 571
      Self-defence 571
      Self-determination 571
      Social defence 572
      State responsibility 573
      State sovereignty 573
      State succession 574
      Technical cooperation 574
      Trade and development 574
      Use of force 575
C. Intergovernmental organizations related to the United Nations  
    General Agreement on Tariffs and Trades 575
    International Atomic Energy Agency 576
    International Civil Aviation Organization 576
    International Labour Organization 577
    International Monetary Fund 577
    International Telecommunication Union 577
    United Nations Educational, Scientific and Cultural Organization 577
    World Bank 578
    World Health Organization 578
    World Intellectual Property Organization 578