| Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations |
 |
| |
1. |
Australia |
|
| |
|
|
An Act to provide for the Commonwealth to help the
International war crimes tribunals perform their functions, and for related purposes |
3 |
| Chapter II. Treaty provisions concerning the legal status of the United Nations and related intergovernmental organizations |
|
| 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 |
5 |
| |
2. |
Agreements related to installations and meetings |
|
| |
|
(a) |
Agreement between the United Nations and the Government of Germany regarding the first Session of the Conference of the Parties to the United Nations Framework Convention on Climate Change. Signed at Geneva on 24 January 1995 |
5 |
| |
|
(b) |
Exchange of letters constituting an agreement between the United Nations and the Government of Mongolia regarding a Training Course on the Administration of Justice and the Independence of the Judiciary, to be held at Ulaanbaatar, from 20 to 24 February 1995. Signed at Geneva on 27 January and 10 February 1995 |
12 |
| |
|
(c) |
Agreement between the United Nations and the Government of Haiti regarding the status of the United Nations Mission in Haiti. Signed at Port-au-Prince on 15 March 1995 |
15 |
| |
|
(d) |
Exchange of letters constituting an agreement between the United Nations and the Government of the Philippines regarding the Third International Workshop of National Institutions for the Promotions and Protection of Human Rights, held at Manila from 18 to 21 April 1995, Geneva, 5 and 12 April 1995 |
26 |
| |
|
(e) |
Agreement between the United Nations and the Government of Japan relating to the Statistical Institute for Asia and the Pacific. Signed at Bangkok on 14 April 1995 |
29 |
| |
|
(f) |
Agreement between the United Nations and the Government of Angola on the status of the United Nations Peacekeeping operation in Angola. Signed at Luanda on 3 May 1995 |
31 |
| |
|
(g) |
Agreement between the United Nations and the Government of Croatia regarding the status of the United Nations forces and operations in Croatia. Signed at Zagreb on 15 May 1995 |
42 |
| |
|
(h) |
Exchange of letters constituting an agreement between the United Nations and the Government of Hungary concerning arrangements regarding the Study Tour of the Working Party on the Chemical Industry, subsidiary body of the Economic Commission for Europe, to be held in Hungary from 22 to 25 June 1995. Signed at Geneva on 17 March and 17 May 1995 |
55 |
| |
|
(i) |
Exchange of letters constituting an agreement between the United Nations and the Government of Denmark regarding the Workshop on a Permanent forum for Indigenous People, to be held at Copenhagen from 26 to 28 June 1995. Signed at Geneva on 19 May 1995 |
57 |
| |
|
(j) |
Exchange of letters constituting an agreement between the United Nations and the Government of Trinidad and Tobago concerning the Caribbean Regional Seminar to be organized by the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples at Port of Spain from 3 to 5 July 1995. Signed at New York on 26 and 29 June 1995 |
60 |
| |
|
(k) |
Exchange of letters constituting an agreement between the United Nations and the Government of Estonia concerning arrangements regarding the Study Tour of the Committee on Human Settlements, principal subsidiary body of the Economic Commission for Europe, held in Estonia from 24 to 27 September 1995. Signed at Geneva on 19 May 1995 and at New York on 6 July 1995 |
64 |
| |
|
(l) |
Memorandum of Understanding between the United Nations and the Government of the United Kingdom of Great Britain and Northern Ireland regarding the contribution of personnel to the International Criminal Tribunal for Rwanda. Signed at New York on 14 July 1995 |
66 |
| |
|
(m) |
Agreement between the United Nations and the Government of the United Republic of Tanzania concerning the headquarters of the International Criminal Tribunal for Rwanda. Signed at New York on 31 August 1995 |
69 |
| |
|
(n) |
Agreement between the United Nations and the Government of Germany concerning the headquarters of the United Nations volunteers Programme. Signed at New York on 10 November 1995 |
82 |
| |
|
(o) |
Exchange of letters constituting an agreement between the United Nations and the Government of Sri Lanka concerning the United Nations / European Space Agency Workshop on Basic Space Science, to be held at Colombo from 10 to 12 January 1996. Signed at Vienna on 11 and 14 December 1995 |
94 |
| |
|
(p) |
Agreement between the United Nations and the Government of Lebanon on the status of the United Nations Interim Force in Lebanon. Signed at Beirut on 15 December 1995 |
98 |
| |
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 the Gambia. Signed at Banjul on 27 February 1995 |
108 |
| |
4. |
Agreements relating to the United Nations Development Programme |
|
| |
|
|
Basic Agreement between the United Nations (United Nations
Development Programme) and the Government of Honduras concerning assistance by the United Nations Development Programme to the Government of Honduras. Signed at Tegucigalpa on 17 January 1995 |
119 |
| |
5. |
Agreement relating to the United Nations Environment Programme |
|
| |
|
(a) |
Host Government Agreement between the United Nations (United Nations Environment Programme) and the Government of Iceland regarding the arrangements for the Meeting of Experts on the Protection of the Marine Environment from Land-based Activities, Reykjavik, 6-10 March 1995. Signed at Nairobi and at Reykjavik on 13 January 1995 |
123 |
| |
|
(b) |
Agreement between the United Nations (United Nations Environment Programme) and the Government of Indonesia regarding the second meeting of the Conference of the Parties to the Convention on Biological Diversity. Signed at Geneva on 17 July 1995 |
127 |
| |
6. |
Agreements relating to the United Nations High Commissioner for Refugees |
|
| |
|
|
Agreement between the United Nations (Office of the United
Nations High Commissioner for Refugees) and the Government of China on the upgrading of the UNHCR mission in China to a UNHCR branch office in China. Signed at Geneva on 1 December 1995 |
132 |
| 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 |
139 |
| |
2. |
International Labour Organization |
|
| |
|
(a) |
Agreement between the Government of the Republic of South Africa and the International Labour Organization concerning the status of Organization, its officials and and its area office in South Africa. Signed at Geneva on 5 June 1995 |
139 |
| |
|
(b) |
Agreement between the Government of the Arab Republic of Egypt and the International Labour Organization to facilitate the expansion of the ILO office in Cairo so as to include a multidisciplinary team in pursuance of ILO’s active partnership policy. Signed at Geneva on 25 July 1995 |
142 |
| |
|
(c) |
Exchange of letters between the Minister for Foreign Affairs of the Russian Federation and the Director-General of the International Labour Office concerning the new status of the ILO office in Moscow. Concluded on 13 December 1995 |
144 |
| |
3. |
Food and Agriculture Organization of the United Nations |
|
| |
|
(a) |
Agreement between the Food and Agriculture Organization of the Republic of Zimbabwe, regarding the establishment of the FAO Sub-Regional Office for Southern and Eastern Africa. Signed on 17 August 1995 |
146 |
| |
|
(b) |
Sub-regional Office for Central and Eastern Europe |
158 |
| |
|
(c) |
Agreement based on the standard Memorandum of Responsibilities in respect of FAO sessions |
158 |
| |
|
(d) |
Agreements based on the standard Memorandum of Responsibilities in respect of seminars, workshops, training courses or related study tours |
158 |
| |
4. |
World Health Organization |
|
| |
|
|
Basic Agreement between the World Health Organization and
the Government of Latvia regarding the establishment of technical advisory cooperation relations. Signed at Riga on 27 July 1995 |
158 |
| |
5. |
United Nations Industrial Development Organization |
|
| |
|
|
Agreement between the United Nations and the United
Nations Industrial Development Organization regarding a unified conference service at the Vienna International Centre. Signed at Vienna on 4 October 1995 |
162 |
| |
6. |
International Atomic Energy Agency |
|
| |
|
(a) |
Agreement between the International Atomic Energy Agency and the Government of Chile regarding the application of safeguards in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean. Signed at Vienna on 5 April 1995 |
164 |
| |
|
(b) |
Agreement between the International Atomic Energy Agency and the Government of Myanmar on the application safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons (with protocol). Signed at Vienna on 20 April 1995 |
176 |
| |
7. |
Multiple intergovernmental organizations |
|
| |
|
|
Memorandum of Understanding concerning the establishment
of the Inter-Organization Programme for the Sound Management of Chemicals. Concluded at Stockholm on 11, 17, 31 January and 13 March 1995 |
182 |
| Chapter III. General review of the legal activities of the United Nations and related intergovernmental organizations |
|
| A. |
General review of the legal activities of the United Nations |
|
| |
1. |
Disarmament and related matters |
191 |
| |
2. |
Other political and security questions |
194 |
| |
3. |
Environmental, economic, social, humanitarian and cultural
questions |
195 |
| |
4. |
Law of the Sea |
203 |
| |
5. |
International Court of Justice |
204 |
| |
6. |
International Law Commission |
225 |
| |
7. |
United Nations Commission on International Trade |
226 |
| |
8. |
Legal questions dealt with by the Sixth Committee of the
General Assembly and by ad hoc legal bodies |
227 |
| |
9. |
United Nations Institute for Training and Research |
237 |
| B. |
General review of the legal activities of intergovernmental organizations related to the United Nations |
|
| |
1. |
International Labour Organization |
237 |
| |
2. |
Food and Agriculture Organization of the United Nations |
239 |
| |
3. |
United Nations Educational, Scientific and Cultural Organization |
242 |
| |
4. |
World Health Organization |
245 |
| |
5. |
World Bank |
246 |
| |
6. |
International Monetary Fund |
251 |
| |
7. |
International Civil Aviation Organization |
257 |
| |
8. |
Universal Postal Union |
259 |
| |
9. |
International Telecommunication Union |
260 |
| |
10. |
International Maritime Organization |
262 |
| |
11. |
World Intellectual Property Organization |
271 |
| |
12. |
International Fund for Agricultural Development |
278 |
| |
13. |
World Trade Organization |
280 |
| |
14. |
International Atomic Energy Agency |
281 |
| Chapter IV. Treaties concerning international law concluded under
the auspices of the United Nations and related intergovernmental organizations |
|
| A. |
Treaties concerning international law concluded under the auspices of the United Nations |
|
| |
1. |
Final Document of the 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons. Done at New York on 11 May 1995 |
291 |
| |
2. |
United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks: Agreement for the Implementation of the Provisions of the United Nations Convention of the Law of the Sea of 10 December 1982, relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. Adopted at New York on 4 August 1995 |
303 |
| |
3. |
Croatia-local Serbian community: Basic Agreement on the Region of Eastern Slovenia, Baranjo and Western Sirmium, including Security Council resolutions 1023 (1995) and 1037 (1996) welcoming and implementing the Basic Agreement. Done at Croatia on 12 November 1995 |
335 |
| |
4. |
United Nations: United Nations Convention on Independent Guarantees and Stand-by Letters of Credit. Done at New York on 11 December 1995 |
341 |
| B. |
Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations |
|
| |
1. |
FAO-ILO-OECD-UNEP-UNIDO-WHO: Memorandum of Understanding concerning Establishment of the Inter-Organization Programme for the Sound Management of Chemicals |
351 |
| |
2. |
Agreement between World Intellectual Property Organization and World Trade Organization. Done at Geneva on 22 December 1995 |
356 |
| Chapter V. Decisions of Administrative Tribunals of the United Nations and
related intergovernmental organizations |
|
| A. |
Decisions of the United Nations Administrative Tribunal |
|
| |
1. |
Judgement No. 690 (21 July 1995): Chileshe v. the
Secretary-General of the United Nations |
360 |
| |
2. |
Judgement No. 692 (21 July 1995): White, Le Ster, Marouf, Ben Fadhel, Dodino and Atar v. the Secretary-General of the International Maritime Organization |
361 |
| |
3. |
Judgement No. 696 (21 July 1995): De Brandt-Dioso v.
the Secretary-General of the United Nations |
362 |
| |
4. |
Judgement No. 707(28 July 1995): Belas-Gianou v. the
Secretary-General of the United Nations |
363 |
| |
5. |
Judgement No. 712 (28 July 1995): Alba et al. Fernandez-Amon et al v. the Secretary-General of the United Nations |
366 |
| |
6. |
Judgement No. 713 (28 July 1995): Piquilloud v. the
Secretary-General of the United Nations |
367 |
| |
7. |
Judgement No. 715 (28 July 1995): Thiam v. the Secretary-General of the United Nations |
369 |
| |
8. |
Judgement No. 718 (21 November 1995): Gavshin v.
the Secretary-General of the United Nations |
371 |
| |
9. |
Judgement No. 722 (21 November 1995): Knight et al v. the Secretary-General of the United Nations |
372 |
| |
10. |
Judgement No. 742 (22 November 1995): Manson v. the Secretary-General of the United Nations |
373 |
| |
11. |
Judgement No. 744 (22 November 1995): Eren, Robertson, Sellberg and Thompson v. the Secretary-General of the United Nations |
376 |
| B. |
Decisions of the Administrative Tribunal of the International Labour Organization |
|
| |
1. |
Judgement No. 1383 (1 February 1995): Rio Rumbaitis v. World Health Organization |
378 |
| |
2. |
Judgement No. 1384 (1 February 1995): Wadie v. World Health Organization |
380 |
| |
3. |
Judgement No. 1385 (1 February 1995): Burt v. International Labour Organization |
381 |
| |
4. |
Judgement No. 1386 (1 February 1995): Breban v. European Patent Organization |
383 |
| |
5. |
Judgement No. 1390 (1 February 1995): More v. European Organization for Safety of Air Navigation (Eurocontrol Agency) |
384 |
| |
6. |
Judgement No. 1391 (1 February 1995): Van der Peet (No. 18) v. European Patent Organization |
385 |
| |
7. |
Judgement No. 1403 (1 February 1995): Tejera Hernandez v. European Organization for the Safety of Air Navigation (Eurocontrol Agency) |
387 |
| |
8. |
Judgement No. 1407 (1 February 1995): Diotallevi (No. 3) v. World Tourism Organization |
388 |
| |
9. |
Judgement No. 1419 ( 1 February 1995): Meylan, Sjoberg, Urban and Warmels v. the European Southern Observatory |
389 |
| |
10. |
Judgement No. 1432 ( 6 July 1995): Aboo-Baker v. World Health Organization |
390 |
| C. |
Decisions of the World Bank Administrative Tribunal |
|
| |
1. |
Decision No. 142 (19 May 1995): Winston Carew v. International Bank for Reconstruction and Development |
392 |
| |
2. |
Decision No. 145 (9 November 1995): Dominique Sjamsubahri v. International Bank for Reconstruction and Development |
394 |
| |
3. |
Decision No. 146 (9 November 1995): Valora Addy v. International Bank for Reconstruction and Development |
396 |
| Chapter VI. Selected legal opinions of the secretariats of the United Nations
and related intergovernmental organizations |
|
| A. |
Legal opinions of the Secretariat of the United Nations
(issued or prepared by the Office of Legal Affairs) |
|
| |
Privileges and Immunities [see also: additional legal opinions] |
|
| |
1. |
Licensing fees levied against the United Nations for the allocation of radio frequencies—Sections 7 and 34 of the convention on the Privileges and Immunities of the United Nations (9 January 1995) |
399 |
| |
2. |
Entitlement to diplomatic privileges and immunities of a member of a permanent mission who does not have the nationality of the sending or receiving State— Articles 7 and 8 of the 1961 Vienna Convention on Diplomatic Relations (11 January 1995) |
401 |
| |
3. |
Question of who can determine whether the acts of United Nations officials are performed in their official capacity—Section 20 of the Convention on the Privileges and Immunities of the United Nations (24 January 1995) |
403 |
| |
4. |
Exemption of the United Nations Development Programmes from various taxes levied by a State—Agreement between UNDP and a Member State—Articles II and V of the Convention on the Privileges and Immunities of the United Nations (2 February 1995) |
405 |
| |
5. |
Privileges and Immunities and facilities for contractors supplying goods and services in support of United Nations peacekeeping operations (23 June 1995) |
407 |
| |
6. |
Question of whether United Nations laissez-passer can be issued to individuals engaged on special service agreements—Article VII of the Convention on the Privileges and Immunities of the United Nations (7 July 1995) |
409 |
| |
7. |
Privileges and Immunities of United Nations experts on mission—Section 22 of the Convention on the Privileges
and Immunities of the United Nations (3 November 1995) |
409 |
| |
8. |
Authority of the United Nations Environment Programme to take direct legal action against private entities of States Members of the United Nations (17 November 1995) |
411 |
| |
Procedural and institutional issues |
|
| |
9. |
Participation of the United Nations Development Programme as an implementing agency in the restructured Global Environment Facility—Issues of whether lending type activities are permitted under the GEF instrument—UNDP financial regulations and rules 8.12, 13.5, 13. 6 and 13.7. (14 February 1995) |
413 |
| |
10. |
“Organizations affiliated with the United Nations”—Establishment of an international federation of trade points (17 February 1995) |
417 |
| |
11. |
Question whether members of the Bureau of the Preparatory Commission for the Habitat II Conference were elected as representatives serving in their personal capacity or as States—Rule 103 of the rules of procedure of the General Assembly (21 February 1995) |
418 |
| |
12. |
Circulation of official documents to intergovernmental organizations accorded permanent observer status—Rule 74 of the rules of procedure of the functional commissions of the Economic and Social Council (2 March 1995) |
419 |
| |
13. |
Meaning of the words “agreed candidate”—Rule 68 of the rules of procedure of the Economic and Social Council—Paragraph 16 of annex VI to the rules of procedure of the General Assembly (12 May 1995) |
420 |
| |
14. |
Sponsorship of resolutions by associate members of the Economic and Social Council Resolution 69 (V) of 5 August 1947 (30 May 1995) |
421 |
| |
15. |
Relationship between United Nations agencies and advertising agencies for fund-raising activities and programmes—Use of United Nations name and emblem (26 June 1995) |
424 |
| |
16. |
Accountability of the Administrator of the United Nations Development Programme vis-à-vis the activities of the United Nations Office of Project Services—Status and functions of the Office (6 September 1995) |
427 |
| |
17. |
The Secretary-General’s authority to borrow funds (26 and 29 September 1995) |
432 |
| |
18. |
Right to vote of a union or group of Member States—Rights of the European Community in the General Assembly (29 September 1995) |
437 |
| |
19. |
Role of the Secretary-General vis-à-vis the United Nations Joint Staff Pension Board—Investment activities of the Joint Staff Pension Fund—Responsibility for investment of the assets of the Fund (3 October 1995) |
439 |
| |
20. |
Terms of reference of the Office of Internal Oversight Services investigations: “Mismanagement, Misconduct, Waste of Resources and Abuse of Authority” (1 November 1995) |
444 |
| |
21. |
Membership and functions of the Panel of External Auditors (5 December 1995) |
448 |
| |
22. |
Juridical personality of the United Nations Framework Convention on Climate Change Secretariat (18 December 1995) |
452 |
| |
Treaties |
|
| |
23. |
Amendments to the Convention on Certain Conventional Weapons and Additional Protocols—Articles 3 and 8 of the Convention (28 July 1995) |
454 |
| |
24. |
Interpretation of article 8 of the Convention on Certain Conventional Weapons (13 October 1995) |
457 |
| |
Claims, compensation, contracts and liability issues |
|
| |
25. |
Liability of the United Nations in respect of contingent-owned equipment—Guidelines for Governments contributing troops to United Nations peacekeeping operations—Model Agreement between the United Nations and Member States contributing personnel and equipment to United Nations peacekeeping operations (31 January 1995) |
459 |
| |
26. |
Prohibition of advertising in United Nations purchase orders—Use of the United Nations name and emblem—United Nations General Conditions for General Contracts (17 April 1995) |
462 |
| |
27. |
Responsibility for carrying out embargoes imposed by the Security Council—Issue of liability of the United Nations for costs of any action by Member States carried out in order to ensure compliance with resolutions of the Security Council (21 April 1995) |
464 |
| |
28. |
Responsibility for the costs of repairing aircraft used in peacekeeping operations—Standard Aircraft Charter Agreement—Arrangements for troop rotations (9 May 1995) |
465 |
| |
29. |
Death and disability benefits to members of military contingents participating in United Nations peacekeeping operations (12 December 1995) |
468 |
| |
Copyright issues |
|
| |
30. |
Attribution of authorship at the United Nations—Paragraph 3 of administrative instruction ST/AI/189/Add.6/Rev.3 of 19 March 1990—Copyright on other intellectual property rights (13 April 1995) |
471 |
| |
Financial issues |
|
| |
31. |
Labelling of goods bought with donor’s contribution with the latter’s flag and the words “donated by”—General Assembly resolution 48/209 (7April 1995) |
475 |
| |
32. |
Donation of a copy of the Peace Bell to the United Nations—United Nations policy concerning donations—Financial regulations 7.2 to 7.4—Financial rules 107.5 to 107.7 (5 July 1995) |
476 |
| |
Personnel issues |
|
| |
33. |
Participation of high-level United Nations officials in non-governmental structures—Staff rule 101.6—Meaning of the expression “normal course of official duty” (14 March 1995) |
479 |
| |
34. |
Possibility of initiating recovery action against a staff member before national civil courts—Jurisdiction of the United Nations Administrative Tribunal (31 March 1995) |
481 |
| |
35. |
Travel of staff representatives—Administrative instruction ST/ AI/ 293 of 15 July 1982—Status of representatives of the Federation of International Civil Servants’ Associations (1 May 1995) |
484 |
| |
36. |
Questions whether dependency allowances are independent from the payment of similar welfare benefits by national Governments—Staff regulation 3.4 (c) (23 October 1995) |
485 |
| |
Procurement |
|
| |
37. |
Use of brokers or similar agencies on aircraft charters (10 January 1995) |
487 |
| |
Telecommunications |
|
| |
38. |
Use of the space segment capacity leased by the United Nations from INTELSAT—Article 39 of the 1982 International Telecommunication Convention (13 July 1995) |
489 |
| B. |
Legal opinions of the secretariats of intergovernmental organizations related to the United Nations |
|
| |
Food and Agriculture Organization of the United Nations |
|
| |
1. |
Question of European Community membership in a joint body established by FAO and WHO (1 February 1995) |
491 |
| |
2. |
Question of a government screening an FAO national programme officer candidate (21 March 1995) |
492 |
| |
3. |
Question of an associate member of FAO being represented at meetings by its metropolitan Power (24 March 1995) |
493 |
