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 |
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(a) |
Merchant Shipping and Maritime Security Act, 1997 |
3 |
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(b) |
United Nations Personnel Act 1997 |
5 |
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2. |
Uzbekistan |
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(a) |
Taxation Code adopted on 24 April 1997 |
10 |
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(b) |
Customs Code adopted on 26 December 1997 |
11 |
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 |
15 |
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2. |
Agreements relating to installations and meetings |
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(a) |
Exchange of letters between the United Nations and the Government of India, constituting an agreement concerning the United Nations/European Space Agency Workshop on Satellite Communications in cooperation with the Centre for Space Science and Technology Education for Asia and the Pacific, to be held in Ahmedabad, India, from 20 to 24 January 1997. Vienna, 16 and 17 January 1997 |
15 |
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(b) |
Agreement concerning the relationship between the United Nations and the International Seabed Authority. Signed at New York on 14 March 1997 |
19 |
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(c) |
Exchange of letters between the United Nations and the Government of Antigua and Barbuda, constituting an agreement concerning the International Decade for the Eradication of Colonialism, to be held in St. John's, Antigua and Barbuda, from 21 to 23 May 1997. New York, 4 and 17 April 1997 |
25 |
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(d) |
Agreement between the International Tribunal for the Former Yugoslavia and the Government of Finland on the enforcement of sentences of the International Tribunal. Signed at The Hague on 7 May 1997 |
29 |
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(e) |
Cooperation Agreement between the United Nations and the Caribbean Community. Signed at New York on 27 May 1997 |
33 |
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(f) |
Exchange of letters between the United Nations and the Government of Japan, constituting an agreement concerning arrangements regarding the United Nations Conference on Disarmament Issues entitled "New Agenda for Disarmament and International and Regional Security", to be held in Sapporo from 22 to 25 July 1997. Signed at New York on 8 July 1997 |
36 |
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(g) |
Cooperation Agreement between the United Nations and the International Criminal Police Organization. Signed at New York on 8 July 1997 |
38 |
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(h) |
Memorandum of Understanding between the United Nations and the Organization of American States for the International Civilian Mission in Haiti. Signed at New York on 17 July 1997 |
42 |
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(i) |
Agreement on cooperation and relationship between the United Nations and the International Tribunal for the Law of the Sea. Signed at New York on 18 December 1997 |
47 |
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(j) |
Memorandum of Understanding with exchange of letters between the United Nations and the Government of Italy regarding the use by the United Nations of premises on military installations in Italy for the support of peacekeeping, humanitarian and related operations. Signed at Rome on 23 November 1994 |
53 |
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(k) |
Special Agreement between the United Nations and the International Tribunal for the Law of the Sea extending the jurisdiction of the United Nations Administrative Tribunal to the International Tribunal for the Law of the Sea with respect to applications by staff members of the International Tribunal for the Law of the Sea alleging non-observance of the Regulations of the United Nations Joint Staff Pension Fund. Signed at Hamburg on 18 February 1998 |
68 |
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 |
70 |
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2. |
International Labour Organization |
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(a) |
Agreement between the International Labour Organization and the Government of the Federal Democratic Republic of Ethiopia concerning the office of the Organization in Addis Ababa. Signed at Addis Ababa on 8 September 1997 |
70 |
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(b) |
Agreement between the International Labour Organization and the Government of the Russian Federation concerning the office of the Organization in Moscow. Signed at Moscow on 5 September 1997 |
74 |
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3. |
Food and Agriculture Organization of the United Nations |
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(a) |
Memorandum of Understanding on cooperation between the Food and Agriculture Organization of the United Nations and the Economic Cooperation Organization. Signed at Tehran on 8 December 1997 |
80 |
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(b) |
Agreements between the Food and Agriculture Organization of the United Nations and the Governments of Australia, Bangladesh, Belize, Bolivia, Brazil, the Czech Republic, the Dominican Republic, India, Indonesia, Italy, Lesotho, the Libyan Arab Jamahiriya, Mali, Morocco, Nepal, the Philippines, Poland, Romania, Seychelles, Slovakia, Spain, the Syrian Arab Republic, Thailand, Tunisia, Turkey, Uganda, the United Arab Emirates, Uruguay and Viet Nam, based on the standard Memorandum of responsibilities in respect of FAO sessions, were concluded in 1997 |
82 |
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(c) |
Agreements between the Food and Agriculture Organization of the United Nations and the Governments of Chad, Malaysia, Namibia and the Philippines, based on the standard Memorandum of Responsibilities in respect of seminars, workshops, training courses or related study tours, were concluded in 1997 |
82 |
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4. |
United Nations Industrial Development Organization |
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(a) |
Relationship Agreement between the United Nations Industrial Development Organization and the Black Sea Economic Cooperation. Signed at Istanbul on 29 August 1997 and at Vienna on 8 September 1997 |
82 |
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(b) |
Relationship Agreement between the United Nations
Industrial Development Organization and the Arab
League Educational, Cultural and Scientific Organization. Signed at Tunis on 10 October 1997 and at Vienna on 17 October 1997 |
84 |
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(c) |
Letter of Agreement of cooperation and annex on coordination arrangements between the United Nations Industrial Development Organization and the United Nations Development Programme. Signed at New York on 26 October 1996 |
86 |
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 |
93 |
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2. |
Other political and security questions |
98 |
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3. |
Environmental, economic, social, humanitarian and cultural questions |
106 |
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4. |
Law of the sea |
123 |
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5. |
International Court of Justice |
125 |
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6. |
International Law Commission |
144 |
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7. |
United Nations Commission on International Trade |
145 |
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8. |
Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies |
156 |
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9. |
United Nations Institute for Training and Research |
169 |
B. |
General review of the legal activities of intergovernmental organizations related to the United Nations |
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1. |
International Labour Organization |
170 |
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2. |
Food and Agriculture Organization of the United Nations |
172 |
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3. |
United Nations Educational, Scientific and Cultural Organization |
177 |
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4. |
World Bank |
180 |
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5. |
International Monetary Fund |
183 |
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6. |
International Civil Aviation Organization |
189 |
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7. |
Universal Postal Union |
190 |
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8. |
International Maritime Organization |
190 |
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9. |
World Intellectual Property Organization |
197 |
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10. |
International Fund for Agricultural Development |
202 |
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11. |
World Trade Organization |
206 |
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12. |
International Atomic Energy Agency |
207 |
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 |
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1. |
Convention on the Law of the Non-Navigational Uses of International Watercourses. Done at New York, 21 May 1997 |
220 |
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2. |
Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea. Done at New York, 23 May 1997 |
235 |
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3. |
Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction. Done at Oslo, 18 September 1997 |
246 |
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4. |
Kyoto Protocol to the United Nations Framework Convention on Climate Change. Done at Kyoto, Japan, 11 December 1997 |
258 |
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5. |
International Convention for the Suppression of Terrorist
Bombings. Done at New York, 15 December 1997 |
277 |
B. |
Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations |
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1. |
Food and Agriculture Organization of the United Nations |
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International Plant Protection Convention. Approved by the FAO Conference at its 29th session, November 1997 |
286 |
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2. |
International Maritime Organization |
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Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, 1993, as modified by the Protocol of 1978 relating thereto. Done at London on 26 September 1997 |
300 |
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3. |
International Atomic Energy Agency |
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(a) |
Protocol to amend the Vienna Convention on Civil Liability for Nuclear Damage. Done at Vienna on 12 September 1997 |
313 |
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(b) |
Convention on Supplementary Compensation for Nuclear Damage. Done at Vienna on 12 September 1997 |
325 |
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(c) |
Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management. Done at Vienna on 29 September 1997 |
345 |
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. 814 (25 July 1997): Monteleone-Gilfillian v. the Secretary-General of the United Nations |
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Non-promotion to P-3—Absence of an updated performance
evaluation report was a violation of due process—Duty of Respondent to act with reasonable promptness to the Panel on Discrimination reports—Question of discrimination—Importance of fair treatment of staff members |
364 |
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2. |
Judgement No. 841 (1 August 1997): Guest and Slatford v.
the Secretary-General of the United Nations |
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Termination due to abolition of posts—Question of a promise
creating a legal obligation—Did the Organization use its best efforts to reassign staff members?—Question of the staff members' acting in reliance upon a promise—Issue of the Organization discharging its obligation |
366 |
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3. |
Judgement No. 848 (25 November 1997): Khan v. the Secretary-General of the United Nations |
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Non-promotion to P-5—Issue of receivability—Question of a
binding promise to promote the staff member—
Staff members entitled to due consideration for
promotion |
368 |
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4. |
Judgement No. 850 (26 November 1997): Patel v. the Secretary-General of the United Nations |
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Separation from service due to misconduct—Scrupulous
respect for requirements of due process in cases of charges of fraud against a staff member—Question of whether procedural errors affected the substance of the
case—Standard of proof in misconduct cases—Discretionary authority of the Secretary-General in misconduct cases |
370 |
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5. |
Judgement No. 851 (25 November 1997): Gurun v. the
Secretary-General of the United Nations |
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Denial of right of a General Service staff member to apply for
a Professional post—General Service to Professional examination goal of ending gender discrimination in the promotion process—Means of serving the Organization as a Professional staff member through internal and external examinations should be evenhandedly applied |
371 |
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6. |
Judgement No. 852 (25 November 1997): Balogun v. the
Secretary-General of the United Nations |
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Non-consideration for post—Interpretation of staff regulation
4.4—Question of "internal" candidates being restricted
to those employed under the 100 Series of the United Nations Staff Rules |
373 |
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7. |
Judgement No. 865 (26 November 1997): Eagleton v. the
Commissioner-General of the United Nations Relief and
Works Agency for Palestine Refugees in the Near East |
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Repayment by staff member to United Nations of tax refund
due to a casualty loss deduction from the United States Internal Revenue Service—Tax Equalization Fund—Purpose of reimbursement of taxes by the United Nations—Purpose of refund by the United States Internal
Revenue Service due to casualty loss of property |
375 |
B. |
Decisions of the Administrative Tribunal of the International Labour Organization |
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1. |
Judgement No. 1581 (30 January 1997): Rombach-Le
Guludec v. European Patent Office |
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Non-waiver of immunity by European Patent Office in
connection with an allegation of assault by the president of the Office against another staff member—Competency of the Tribunal |
377 |
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2. |
Judgement No. 1584 (30 January 1997): Souilah v. World
Meteorological Organization |
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Dismissal for unsatisfactory conduct—Suspension of dismissal
until judgement—Application for hearings of
witnesses—Regulations 1.5 and 4.2—Standard of
conduct for an international civil servant—Question of
proportionality of disciplinary measure to offence |
377 |
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3. |
Judgement No. 1586 (30 January 1997): Da Costa Campos
v. European Southern Observatory |
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Dismissal based on less than serious conduct—Duty to warn
staff member of shortcomings—Right of defence—
Proper notice of termination—Question of damages regarding wrongful termination |
380 |
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4. |
Judgement No. 1595 (30 January 1997): De Riemaeker
(No. 3) v. European Organisation for the Safety of Air Navigation |
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Non-appointment to post—Limits of discretion in matching
an applicant with qualifications indicated in a vacancy
notice—Question of remedy |
381 |
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5. |
Judgement No. 1601 (30 January 1997): Aelvoet (No. 5)
and Others v. European Organisation for the Safety of Air
Navigation |
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Claims for costs of appeal—Standard for filing of a complaint
against a decision affecting a class of officials—
Question of a cause of action—Basis for claim for
costs upon reversal of disputed decisions |
382 |
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6. |
Judgement No. 1603 (30 January 1997): Bensoussan,
Bongiovanni and Freeman (No. 3) v. Food and Agriculture
Organization of the United Nations |
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Request for payment of difference between previous flawed
post adjustment and new corrected amount—Right of staff member to challenge lawfulness of a decision taken outside the organization—Question of pension contributions in calculation of post adjustment— Question of length of time in changing flawed system— Issue of budgeting for payment of damages |
383 |
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7. |
Judgement No. 1634 (10 July 1997): Gawlitta v. European
Molecular Biology Laboratory |
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Termination of appointment—Intention of the parties
determines interpretation and the application of the contract—Terms of contract are not superior in rank over
Staff Rules and Regulations |
385 |
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8. |
Judgement No. 1647 (10 July 1997): Bombo N'Djimbi v.
World Health Organization |
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Request for upgrading of post—Basic principles of post
classification—Upgrading of post is a discretionary
decision subject to limited review by Tribunal—Question
of prejudice—Question of term of special duty allowance |
388 |
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9. |
Judgement No. 1653 (10 July 1997): Efféian v. United Nations
Educational, Scientific and Cultural Organization |
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Termination of special post allowance—Question of
explanation of internal appeals—Question of time limits for submission of appeal—Dissenting opinion regarding exhaustion of international appeals and merits of the case |
390 |
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10. |
Judgement No. 1668 (10 July 1997): Bardi Cevallos v. United Nations Educational, Scientific and Cultural Organization |
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Application for review of judgement—Judgements are res judicata—
Standards for review of previous judgements |
393 |
C. |
Decisions of the World Bank Administrative Tribunal |
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1. |
Decision No. 158 (11 April 1997): Thomas Daniel Smith v.
International Bank for Reconstruction and Development |
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Termination because of misconduct due to failure to pay
taxes and certify that taxes were up to date—Question of serious misconduct—Proportionality of penalty—Issue of remedy, including consequences of reinstatement |
395 |
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2. |
Decision No. 164 (10 June 1997): Ralph Roman (No. 2) v. International Bank for Reconstruction and Development |
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Complaint against performance review report for 1993—
Limited review of discretionary nature of staff member's performance evaluation—All relevant and significant facts should be taken into account when assessing staff member's performance |
397 |
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3. |
Decision No. 165 (10 June 1997): William Brannigan v. International Bank for Reconstruction and Development |
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Abolition of post—Staff rule 7.01 (abolition in the interest
of efficient administration)—Question of substantive differences between old position with any relevant new position—Issue of remedy in the light of loss of full pension and related benefits |
400 |
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4. |
Decision No. 173 (18 November 1997): Christopher Naab v. International Bank for Reconstruction and Development |
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Complaint against limitation of the consultancy re-employment
of staff members who have left the World Bank with a severance package—The Bank's right to change conditions of employment—No right of contractual employment after staff member's termination of appointment—Question of exemption from amended
rule 4.01—Complying with due process |
402 |
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5. |
Decision No. 174 (18 November 1997): Deborah Guya v.
International Bank for Reconstruction and Development |
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Admissibility of application—Question of exceptional
circumstances permitting admissibility—Issue of ignorance of the laws—No duty to advise staff member on the appeal process—Importance of observing time
limits under Tribunal's statute |
405 |
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6. |
Decision No. 181 (18 November 1997): Chandra Hoezoo v.
International Bank for Reconstruction and Development |
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Termination based on redundancy—Staff rule 7.01 regulating
redundancy—Allegation of sexual harassment—
Question of undue influence on redundancy decision |
407 |
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7. |
Decision No. 182 (18 November 1997): "A" v. International
Bank for Reconstruction and Development |
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Denial of disability pension benefits—Review of decision
by the Tribunal—Timeliness of application—Eligibility
standards for disability pension: totally incapacitated
and likely to be permanent |
410 |
D. |
Decisions of the Administrative Tribunal of the International Monetary Fund |
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1. |
Judgement No. 1997-1 (22 August 1997): Ms. "C" v. International Monetary Fund |
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Non-conversion of fixed-term appointment into a regular
appointment on the ground of unsatisfactory performance—Burden of proof—Question of reprisal for
accusations of sexual harassment—Issue of transfer— Question of adequate warning of interpersonal difficulties—Opportunity to rebut complaints of criticism |
412 |
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2. |
Judgement No. 1997-2 (23 December 1997): Ms. "B" v. International Monetary Fund |
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Complaint against non-promotion immediately upon
assuming higher-level post but rather "underfilling" the
post for a year before being promoted—Internal law of
the Fund—Question of having the authority to change
personnel policy—Issue of retroactivity—Question of
limited circulation of notice of policy change—A vacancy
announcement may refine the Job Standards |
416 |
Chapter VI. Selected legal opinions of the secretariats of the United Nations
and related intergovernmental organizations |
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A. |
Legal opinions of the Secretariat of the United Nations
(issued or prepared by the Office of Legal Affairs) |
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Commercial issues |
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1. |
Use of the United Nations name and emblem |
421 |
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Liability issues |
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2. |
Claims for compensation for injury, illness or death by military observers or civilian police observers in peacekeeping operations: determination whether the injury, illness or death sustained by observers is "attributable to the performance of official duties on behalf of the United Nations" |
429 |
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Personnel |
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3. |
Acceptance of gifts by United Nations staff members— Staff regulation 1.6—Staff rule 101.9 |
434 |
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4. |
Conditions of service of locally recruited staff—Article 101 of the Charter of the United Nations—Articles II and V of the Convention on the Privileges and Immunities of the United Nations |
435 |
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Privileges and immunities [see also: additional legal opinions] |
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5. |
Question whether a Member State has an obligation to grant the most favourable legal rate of exchange—Article II, sections 3 and 5, of the Convention of 15 February 1946 on the Privileges and Immunities of the United Nations |
438 |
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6. |
Legal status of Goodwill Ambassadors for the United Nations |
440 |
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7. |
Status of funds awarded and transferred by the United Nations Compensation Commission to Governments |
441 |
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8. |
Immunity of representatives and observers of non-governmental organizations at United Nations meetings |
443 |
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9. |
United Nations position on contributions for social security schemes under national legislation—Status of consultants engaged on special service agreements—Article II, section 7 (e), of the Convention on the Privileges and Immunities of the United Nations |
444 |
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Procedural and institutional issues |
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10. |
Definition of the term "developing countries" as used by the United Nations—General Assembly resolution 47/187 of 22 December 1992 |
445 |
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11. |
Regulations regarding consultative relationships with non-governmental organizations—Economic and Social Council resolution 1996/31 of 25 July 1996 |
447 |
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12. |
Mechanisms of the exercise of the right of self-determination by the Non-Self-Goveming Territories |
448 |
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13. |
Submission of proposals by intergovernmental organizations in functional commissions of the Economic and Social Council—Rules of procedure 69 (3), 71 (b) and 74 of the functional commissions of the Council—Council decision 1995/209 |
451 |
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14. |
Restructuring of the Secretariat—Authority of the Secretary-General |
452 |
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15. |
Institutional aspects of the United Nations Conference on Trade and Development |
459 |
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16. |
Participation by Yugoslavia in international conferences—General Assembly resolutions 47/1 and 47/229 |
463 |
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17. |
Practice of the United Nations in cases of challenged representation of a Member State—General Assembly resolution 396 (V) of 14 December 1950 |
465 |
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18. |
Question whether the Pan American Health Organization (PAHO) could be considered part of the United Nations system—Agreement of 24 May 1949 between WHO and PAHO—Agreement of 23 May 1950 between the Organization of American States and PAHO |
468 |