1996
Part One. Legal status of the United Nations and related intergovernmental organizations
| Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations |  |
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| 1. | United Kingdom of Great Britain and Northern Ireland | |||
| (a) | The International Sea-Bed Authority (Immunities and Privileges) Order 1996 | 3 | ||
| (b) | The International Tribunal for the Law of the Sea (Immunities and Privileges) Order 1996 | 7 | ||
| (c) | Merchant Shipping and Maritime Security Act 1997 | 8 | ||
| Chapter II. Treaty provisions concerning the legal status of the United Nations and related intergovernmental organizations | |
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| A. | Treaty provisions concerning the legal status of the United Nations | |||
| 1. | Convention on the Privileges and Immunities of the United Nations. Approved by the General Assembly of the United Nations on 13 February 1946 | 11 | ||
| 2. | Agreements relating to installations and meetings | |||
| (a) | Exchange of letters constituting an agreement concerning arrangements between the United Nations and the Government of Nepal regarding the Fourth Asia-Pacific Workshop on Regional Human Rights Arrangements, to be held at Kathmandu from 26 to 28 February 1996. Geneva, 22 and 25 January 1996 | 11 | ||
| (b) | Exchange of letters constituting an agreement between the United Nations and the Government of Croatia, supplementing the agreement regarding the United Nations forces and operations in the Republic of Croatia. Zagreb, 26 January and 2 February 1996 | 14 | ||
| (c) | Agreement between the United Nations and the Government of Germany concerning the occupancy and use of the United Nations premises in Bonn. Signed at New York on 13 February 1996 | 16 | ||
| (d) | Agreement between the United Nations and the Government of the United States of America concerning the surrender of persons to the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991. Signed at The Hague of 5 October 1994 | 21 | ||
| (e) | Exchange of letters between the United Nations and the Government of Bosnia and Herzegovina constituting an agreement related to the statute of the Liaison Office of the Prosecutor of the International Tribunal and its staff. 30 January 1996 and 16 February 1996 | 24 | ||
| (f) | Memorandum of Understanding between the United Nations and the Government of the United States of America for the contribution of civilian personnel to the United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium. Signed at New York on 26 March 1996 | 27 | ||
| (g) | Agreement between the United Nations and the Government of Turkey regarding arrangements for the United Nations Conference on Human Settlements (Habitat II). Signed at Ankara on 23 April 1996 | 31 | ||
| (h) | Exchange of letters constituting an agreement between the United Nations and the Government of Sweden concerning arrangements for the Sixth United Nations International Training Course on Remote Sensing Education for Educators, organized in cooperation with the Government of Sweden, to be held in Stockholm and Kiruna from 6 May to 14 June 1996. Signed at Vienna, 16 April and 13 May 1996 | 39 | ||
| (i) | Memorandum of Understanding between the United Nations and the Government of Iraq on the implementation of Security Council resolution 986 (1995). Signed at New York on 20 May 1996 | 42 | ||
| (j) | Exchange of letters between the United Nations and the Government of the Netherlands constituting an agreement regarding the applicability of the Headquarters Agreement of the International Tribunal for the Former Yugoslavia to the activities and proceedings of the International Criminal Tribunal for Rwanda in the territory of the Kingdom of the Netherlands. New York, 22 and 24 April 1996 | 51 | ||
| (k) | Agreement between the United Nations and the Government of Germany concerning the headquarters of the United Nations Volunteers Programme. Done at New York on 10 November 1995 | 52 | ||
| (l) | Exchange of letters between the United Nations and the Government of Rwanda constituting an agreement on the establishment of the United Nations Office in Rwanda. New York, 10 June 1996, and Kigali, 27 June 1996 | 68 | ||
| (m) | Exchange of letters between the United Nations and the Federal Republic of Yugoslavia constituting an agreement on the status of the Liaison Office of the Prosecutor of the International Tribunal for the Former Yugoslavia and its personnel in Belgrade. New York 8 and 12 August 1996 | 70 | ||
| (n) | Exchange of letters between the United Nations and the Government of Bosnia and Herzegovina constituting an agreement on the status of the United Nations Mission in Bosnia and Herzegovina. Sarajevo, 23 July and 5 September 1996 | 75 | ||
| (o) | Exchange of letters between the United Nations and the Government of South Africa constituting an agreement concerning arrangements for the Second United Nations Regional Conference on Space Technology for Sustainable Development in Africa, to be held at Pretoria from 4 to 8 November 1996. Vienna, 8 July and 25 October 1996 | 79 | ||
| 3. | Agreements relating to the United Nations Children's Fund | |||
| Basic Cooperation Agreement between the United Nations Children's Fund and the Government of Nepal. Signed at Kathmandu on 21 February 1996 | 83 | |||
| 4. | Agreements relating to the United Nations Development Programme | 93 | ||
| Agreement between the United Nations Development Programme and the Government of Croatia. Signed at New York on 12 March 1996 | 93 | |||
| 5. | Agreements relating to the Office of United Nations High Commissioner for Refugees | 103 | ||
| Cooperation and Office Agreement between the Office of the United Nations High Commissioner for Refugees and the Government of Kuwait. Signed at Kuwait on 8 April 1996 | 103 | |||
| 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 | 109 | ||
| 2. | Food and Agriculture Organization of the United Nations | |||
| (a) | Agreement between the Food and Agriculture Organization of the United Nations and the Government of Barbados regarding the FAO sub-regional office for the Caribbean. Signed at Bridgetown on 14 June 1996 | 109 | ||
| (b) | Agreements based on the standard "Memorandum of Responsibilities" in respect of FAO session | 121 | ||
| (c) | Agreements based on the standard "Memorandum of Responsibilities" in respect of FAO seminars, workshops, training courses or related study tours | 121 | ||
| 3. | United Nations Educational, Scientific and Cultural Organization | |||
| Agreements relating to conferences, seminars and other meetings | 122 | |||
| Agreement between the United Nations Educational, Scientific and Cultural Organization and the Government of Jamaica concerning the Seventh Regional Conference of Ministers of Education of Member States in Latin America and the Caribbean (MINEDLAC VII) and the Sixth Meeting of the Intergovernmental Regional Committee for the Major Project in the field of Education in Latin America and the Caribbean (PROMEDLAC VI), Kingston 13-17 May 1996 | 122 | |||
| 4. | United Nations Industrial Development Organization | |||
| (a) | Agreement between the United Nations Industrial Development Organization and the Government of Italy concerning the institutional arrangements for the International Centre for Science and High Technology. Signed at Vienna on 9 November 1993 | 122 | ||
| (b) | Relationship Agreement between the United Nations Industrial Development Organization and the Islamic Educational, Scientific and Cultural Organization. Signed at Rabat on 16 May 1996 | 129 | ||
| (c) | Relationship Agreement between the United Nations Industrial Development Organization and the Intergovernmental Organization for Marketing Information and Cooperation Services for Fishery Products in Africa. Signed at Abidjan on 24 June 1996 and at Vienna on 3 October 1996 | 131 | ||
| (d) | Relationship Agreement between the United Nations Industrial Development Organization and the International Centre for Genetic Engineering and Biotechnology. Signed at Trieste on 21 November 1996 and at Vienna on 13 December 1996 | 134 | ||
| 5. | International Atomic Energy Agency | |||
| (a) | Agreement between the International Atomic Energy Agency and the United Nations Educational, Scientific and Cultural Organization concerning the joint operation of the International Centre for Theoretical Physics at Trieste. Signed at Vienna on 15 March 1993 and at Paris on 19 March 1993 | 137 | ||
| (b) | Agreement between the International Atomic Energy Agency, the United Nations Educational, Scientific and Cultural Organization and the Government of Italy concerning the International Centre for Theoretical Physics at Trieste. Signed at Vienna on 15 March 1993 and at Paris on 19 March 1993 | 139 | ||
| (c) | Agreement between the International Atomic Energy Agency and the Government of Barbados for the application of safeguards in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean and the Treaty on the Non-Proliferation of Nuclear Weapons (with Protocol). Signed at Vienna on 10 July 1995 and at Bridgetown on 14 August 1996 | 145 | ||
Part Two. Legal activities of the United Nations and related intergovernmental organizations
| Chapter III. General review of the legal activities of the United Nations and related intergovernmental organizations | |
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| A. | General review of the legal activities of the United Nations | |||
| 1. | Disarmament and related matters | 157 | ||
| 2. | Other political and security questions | 159 | ||
| 3. | Environmental, economic, social, humanitarian and cultural questions | 162 | ||
| 4. | Law of the sea | 174 | ||
| 5. | International Court of Justice | 176 | ||
| 6. | International Law Commission | 200 | ||
| 7. | United Nations Commission on International Trade Law | 202 | ||
| 8. | Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies | 209 | ||
| 9. | United Nations Institute for Training and Research | 219 | ||
| 10. | Cooperation between the United Nations and the Asian-African Legal Consultative Committee | 219 | ||
| B. | General review of the legal activities of intergovernmental organizations related to the United Nations | |||
| 1. | International Labour Organization | 219 | ||
| 2. | Food and Agriculture Organization of the United Nations | 221 | ||
| 3. | United Nations Educational, Scientific and Cultural Organization | 224 | ||
| 4. | World Health Organization | 224 | ||
| 5. | World Bank | 226 | ||
| 6. | International Monetary Fund | 229 | ||
| 7. | International Civil Aviation Organization | 232 | ||
| 8. | Universal Postal Union | 233 | ||
| 9. | International Maritime Organization | 234 | ||
| 10. | World Intellectual Property Organization | 242 | ||
| 11. | International Fund for Agricultural Development | 249 | ||
| 12. | World Trade Commission | 252 | ||
| 13. | International Atomic Energy Agency | 253 | ||
| Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations | |
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| A. | Treaties concerning international law concluded under the auspices of the United Nations | |||
| 1. | European Agreement on Main Inland Waterways of International Importance. Done at Geneva on 19 January 1996 | 265 | ||
| 2. | Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-traps and other devices as amended on 3 May 1996 (Protocol II as amended on 3 May 1996) Annexed to the Convention on Prohibitions or Restrictions on the use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects. Done at Geneva, 3 May 1996 | 271 | ||
| 3. | Agreement establishing the Bank for Economic Cooperation and Development in the Middle East and North Africa. Done at Casablanca on 28 August 1996 | 286 | ||
| 4. | Comprehensive Nuclear-Test-Ban Treaty. Done at New York on 10 September 1996 | 311 | ||
| B. | Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations | |||
| 1. | International Maritime Organization | |||
| (a) | Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims of 1976. Done at London on 2 May 1996 | 357 | ||
| (b) | Protocol of 1996 to amend the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 and Resolutions adopted by the Special Meeting. Done at London on 7 November 1996 | 364 | ||
| 2. | World Intellectual Property Organization. | |||
| (a) | Performances and Phonograms Treaty (1996). Done at Geneva on 20 December 1996 | 384 | ||
| (b) | Copyright Treaty (1996). Done at Geneva on 20 December 1996 | 396 | ||
| 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 | |||
| 1. | Judgement No. 759 (26 July 1996): Shehabi v. the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East | 407 | ||
| 2. | Judgement No. 765 (26 July 1996): Anderson Bieler v. the Secretary-General of the United Nations | 409 | ||
| 3. | Judgement No. 767 (26 July 1996): Nawabi v. the Secretary-General of the United Nations | 411 | ||
| 4. | Judgement No. 770 (2 August 1996): Sidibeh v. the Secretary-General of the United Nations | 412 | ||
| 5. | Judgement No. 791 (21 November 1996): Karmoul v. the Secretary-General of the United Nations | 413 | ||
| 6. | Judgement No. 795 (21 November 1996): El-Sharkawi v. the Secretary-General of the United Nations | 415 | ||
| 7. | Judgement No. 803 (21 November 1996): Asamoah v. the Secretary-General of the United Nations | 416 | ||
| B. | Decisions of the Administrative Tribunal of the International Labour Organization | |||
| 1. | Judgement No. 1477 (1 February 1996): in re Nacer-Cherif v. International Training Centre for the International Labour Organization | 418 | ||
| 2. | Judgement No. 1525 (11 July 1996): in re Bardi Cevallos v. United Nations Educational, Scientific and Cultural Organization | 419 | ||
| 3. | Judgement No. 1547 (11 July 1996): in re Baillet, Cervantes and Cook (No. 3) v. European Patent Organization | 420 | ||
| 4. | Judgement No. 1549 (11 July 1996): in re Lopez-Cotarelo v. International Atomic Energy Agency | 421 | ||
| 5. | Judgement No. 1553 (11 July 1996): in re Moreno de Gomez v. United Nations Educational, Scientific and Cultural Organization | 423 | ||
| C. | Decisions of the World Bank Administrative Tribunal | |||
| Judgement No. 147 (14 May 1996): Joseph Lopez v. International Bank for Reconstruction and Development | 426 | |||
| D. | Decisions of the Administrative Tribunal of the International Monetary Fund | |||
| Judgement No. 1996-1 (2 April 1996): Mr. M. D'Aoust v. the International Monetary Fund | 429 | |||
| 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) | |||
| Privileges and immunities [see also: additional legal opinions] | ||||
| 1. | Privileges and immunities of special raporteurs within the framework of the Commission on Human Rights, for inclusion in a manual—Article VI, sections 22, 23 and 26, of the Convention on the Privileges and Immunities of the United Nations | 437 | ||
| 2. | Question regarding the imposition of a price equalization tax by the European Union on articles imported or exported by the United Nations and affiliated for its official use—Article II, sections 7 (a) and 8, and section 34 of the Convention on the Privileges and Immunities of the United Nations | 439 | ||
| 3. | Obligations of the United Nations with respect to income tax levied by a Member State—Article II, section 2, and Article V, section 18, of the Convention on the Privileges and Immunities of the United Nations—Status of consultants | 440 | ||
| Procedural and institutional issues | ||||
| 4. | Geographical groups and contributions by Member States to the expenses of the Organization—Articles 17 and 19 of the Charter of the United Nations—rules 158 and 160 of the rules and procedure of the General Assembly | 442 | ||
| 5. | Executing agency and implementing agency status as determined by the United Nations Development Programme | 443 | ||
| 6. | Rule 13 of the rules of procedure of the United Nations Conference on Trade and Development Authorities issuing credentials | 446 | ||
| 7. | Status of a member between the elections of the members of a United Nations subcommission and the commencement of the session of that subcommission—Economic and Social Council decision 16 (LVI) and 1987/102 | 447 | ||
| 8. | Status of the United Nations Institute for Training and Research | 448 | ||
| 9. | Legal status of members of national military contingents serving in United Nations peace-keeping operations—Model status-of-forces agreement | 450 | ||
| 10. | Authority of the Special Committee on Decolonization to hold meetings outside Headquarters—General Assembly resolutions 1654 (XVI), 46/181 and 50/39 | 451 | ||
| 11. | Dispute settlement procedures in United Nations agreements—Article VIII, section 29, of the Convention on the Privileges and Immunities of the United Nations | 453 | ||
| 12. | Procedures for the election of the members of the Committee on Economic, Social and Cultural Rights—Articles 16, 21, and 22 of the International Covenant on Economic, Social and Cultural Rights—Economic and Social Council resolutions 1988 (LX) and 1985/17, and 1978/10 | 454 | ||
| 13. | Economic and Social Council resolutions 1986/35 and 1992/8—Status of special rapporteurs in United Nations bodies | 456 | ||
| 14. | Public information activities of the United Nations—General Assembly resolution 595 (VI) | 458 | ||
| 15. | Interpretation of rule 160 of the rules of procedure of the General Assembly, regarding the reassessment of a Member State's contribution | 459 | ||
| Liability issues | ||||
| 16. | Question whether the United Nations has an insurable interest in United Nations-owned property and contingent-owned cargo for which the Organization arranges sea shipment | 460 | ||
| 17. | Question of whether a disclaimer of liability is sufficient for exemption of financial liability in the absence of medical clearance | 461 | ||
| 18. | Insurance for acts or occurrences at the United Nations Headquarters—General Assembly resolution 41/210 | 462 | ||
| Financial issues | ||||
| 19. | Legal framework for the United Nations Development Programme's use of donations from non-governmental sources UNDP Financial Regulations and Rules | 463 | ||
| Personnel | ||||
| 20. | Allowances and benefits for internationally recruited staff members upon change in immigration status—General Assembly resolution 49/241—Staff rule 104.7, 104.9 9 (c) and 107.27 (a), Travel expenses, removal costs and repatriation grant | 466 | ||
| 21. | Rules concerning the eligibility of staff to receive education grant—staff regulation 3.2—Staff rule 103.20 (b) | 469 | ||
| 22. | Enforcement of a Member State's labour law with regard to local personnel recruited by the United Nations Children's Fund—Article 101 of the Charter of the United Nations—Use of special service agreements | 471 | ||
| 23. | Recovery of misappropriated funds from former staff members—Staff rule 103.18 (b) (ii)—General Assembly resolutions 47/211 and 48/218 | 473 | ||
| Procurement | ||||
| 24. | Legal force of letter of award | 477 | ||
| Commercial issues | ||||
| 25. | Use of the United Nations premises—Articles 104 and 105 of the Charter of the United Nations | 478 | ||
| B. | Legal opinions of the secretariats of intergovernmental organizations related to the United Nations | |||
| International Labour Organization | ||||
| 1. | Question whether international labour Conventions can be abrogated and by which means (constitutional amendment) | 480 | ||
| 2. | International legal status of the International Service for National Agriculture Research for the purposes of article II, paragraph 5, of the statute of the Administrative tribunal of the International Labour Organization | 493 | ||
| 3. | Participation of the Special Administrative Region of Hong Kong, in ILO activities—Application of ILO Conventions and Recommendations to Hong Kong, SAR | 495 | ||
Part Three. Judicial decisions on questions relating to the United Nations and related intergovernmental organizations
| Chapter VII. Decisions and Advisory Opinions of International Tribunals | |
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| Chapter VIII. Decisions of National Tribunals | |
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| United States of Americas | ||||
| 1. | United States District Court for the Southern District of New York. | |||
| (a) | Adbi Hosh Askir (Plaintiff) vs. United Nations, Hon. Boutros Boutros-Ghali, Joseph E. Connor, Brown & Root Services Corp. And "Doe" Corporations (Defendants). Judgement No. 95 Civ. 11008 (JGK) of 29 July 1996 | 502 | ||
| Action to recover damages relating to the alleged unauthorized and unlawful possession of plaintiff's property—Restrictive or obsolete immunity—Question of exception to the immunity afforded by the Convention on the Privileges and Immunities of the United Nations—Allegations of malfeasance do not strip the United Nations of its immunity—Issue of United Nations intervening in civil wars | ||||
| (b) | S. Kadic, on her own behalf and on behalf of her infant sons Benjamin and Ognjen, Internationalna Iniciativa Zena Bosne I Hercegovine "Biser", and Zene Bosne I Hercegovine (Plaintiff-Appellants) vs. Radovan Karadzic (Defendant-Appelee). Jane Doe I, on behalf of herself and all others similarly situated; and Jane Doe II, on behalf of herself and as administratrix of the estate of her deceased mother, and on behalf of all others similarly situated, Plaintiffs-Appellants, Judgements Nos. 1541, 1544, Dockets 94-9035, 94-9069 | 508 | ||
| Jurisdiction of domestic courts in cases of violation of international law—Genocide and war crimes—Definition of a State in international law—Privileges and immunities of the United Nations | ||||
| 2. | United States District Court for the Northern District of California | |||
| Mark Steven Corrinet, (Plaintiff) vs. United Nations, Hon. Boutros Boutros, Ghali, Gillian Sorensen and Ron Ginns (Defendants). Judgement No. C-95-0426 SAW. Memorandum and Order of 10 September 1996 | ||||
| Complaint against the Defendants' assertion of immunity from suite and failure to waive that immunity — Issue of "commercial activity exception" to immunity claim — Question whether the Secretary-General of the United Nations had a mandatory duty to waive immunity — Question whether Defendant Ginns was acting in his official capacity when he allegedly defamed the Plaintiff | ||||
| (a) | Background | 530 | ||
| (b) | Discussion | 531 | ||
Part Four. Bibliography
| Bibliography | |
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| Legal bibliography of the United Nations and related intergovernmental organizations | ||||
| A. | International organizations and international law in general | |||
| 1. | General | 538 | ||
| 2. | Particular questions | 540 | ||
| B. | United Nations | |||
| 1. | General | 543 | ||
| 2. | Particular organs | 543 | ||
| General Assembly | 543 | |||
| International Court of Justice | 543 | |||
| Secretariat | 547 | |||
| Security Council | 547 | |||
| United Nations Forces | 548 | |||
| 3. | Particular questions or activities | 548 | ||
| Collective security | 548 | |||
| Commercial arbitration | 549 | |||
| Definition of aggression | 549 | |||
| Diplomatic relations | 549 | |||
| Disarmament | 550 | |||
| Domestic jurisdiction | 550 | |||
| Environmental questions | 551 | |||
| Human rights | 553 | |||
| International administrative law | 556 | |||
| International criminal law | 556 | |||
| International economic law | 559 | |||
| International terrorism | 559 | |||
| International trade law | 560 | |||
| International waterways | 561 | |||
| Intervention | 561 | |||
| Law of the sea | 562 | |||
| Law of treaties | 563 | |||
| Law of war | 564 | |||
| Maintenance of peace | 565 | |||
| Membership and representation | 566 | |||
| Narcotic drugs | 567 | |||
| Natural resources | 567 | |||
| Non-governmental organizations | 568 | |||
| Outer space | 568 | |||
| Peaceful settlement of disputes | 568 | |||
| Political and security questions | 570 | |||
| Progressive development and codification of international law (in general) | 571 | |||
| Refugees | 572 | |||
| Right of asylum | 572 | |||
| Rule of law | 572 | |||
| Self-defence | 573 | |||
| Self-determination | 573 | |||
| State responsibility | 574 | |||
| State sovereignty | 574 | |||
| State succession | 576 | |||
| Trade and development | 576 | |||
| Use of force | 576 | |||
| C. | Intergovernmental organizations related to the United Nations | |||
| General Agreement on Tariffs and Trades | 577 | |||
| International Civil Aviation Organization | 577 | |||
| International Labour Organization | 578 | |||
| International Maritime Organization | 578 | |||
| International Monetary Fund | 579 | |||
| International Telecommunication Union | 579 | |||
| United Nations Educational, Scientific and Cultural Organization | 579 | |||
| World Bank | 579 | |||
| International Centre for Settlement of Investment Disputes | 580 | |||
| World Intellectual Property Organization | 580 | |||
| World Trade Organization | 581 | |||