Codification Division Publications: United Nations Juridical Yearbook

1999

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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
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 relating to installations and meetings
		(a)	Agreement between the United Nations and Morocco concerning the status of the United Nations Mission for the Referendum in Western Sahara. Signed at New York on 11 February 1999	5
		(b)	Agreement between the United Nations and the Government of the Republic of Mali on the enforcement of sentences of the International Tribunal for Rwanda. Signed at Bamako on 12 February 1999	16
		(c)	Agreement between the United Nations and the Government of Sweden on the enforcement of sentences of the International Tribunal for the Former Yugoslavia. Signed at The Hague on 23 February 1999	21
		(d)	Exchange of letters constituting an agreement between the United Nations and the Government of Saint Lucia, concerning arrangements for the Caribbean Regional Seminar in accordance with the plan of action for the International Decade for the Eradication of Colonialism. Signed at New York on 15 and 30 April 1999	25
		(e)	Agreement between the United Nations, Indonesia and Portugal regarding the modalities for the popular consultation of the East Timorese through a direct ballot. Signed at New York on 5 May 1999	28
		(f)	Exchange of letters constituting an agreement between the United Nations and the Government of the People's Republic of China on the United Nations/China/European Space Agency Conference on Space Applications in Promoting Sustainable Agriculture, hosted by the Government of the People's Republic of China (Beijing, 14-17 September 1999). Signed at Vienna on 10 May and 7 June1999	29
		(g)	Memorandum of Understanding between the United Nations and the Republic of Rwanda to regulate matters of mutual concern relating to the office in Rwanda of the International Tribunal for Rwanda. Signed at Kigali on 3 June 1999	32
		(h)	Supplementary arrangement between the United Nations and the International Organization for Migration. Signed at New York on 8 June 1999	35
		(i)	Memorandum of Understanding between the United Nations (United Nations Office for Drug Control and Crime Prevention) and the United Nations Interregional Crime and Justice Research Institute and the Government of the Republic of Hungary regarding a joint pilot project in the framework of the global programme against corruption. Signed at Budapest on 9 June 1999	37
		(j)	Memorandum of Understanding between the United Nations and the Government of the United Kingdom of Great Britain and Northern Ireland for the contribution of personnel to the International Tribunal for the Former Yugoslavia. Signed at The Hague on 10 June 1999	40
		(k)	Memorandum of Understanding between the United Nations and the Government of Australia establishing modalities of cooperation in the organization of a popular consultation on the status of East Timor. Signed at New York on 18 June 1999	44
		(l)	Memorandum of Agreement between the United Nations and the Government of the United States of America for the contribution of personnel to the International Tribunal for the Former Yugoslavia. Signed at New York on 2 July 1999	45
		(m)	Memorandum of Agreement between the United Nations (United Nations Office for Project Services) and the Government of New Zealand. Signed at New York on 6 July 1999	49
		(n)	Agreement between the United Nations and the Czech Republic on the United Nations information centre in Prague. Signed at Prague on 16 July 1999	57
		(o)	Memorandum of Understanding between the United Nations and the Federal Government of Austria on the enforcement of sentences of the International Tribunal for the Former Yugoslavia. Signed at Vienna on 23 July 1999	61
		(p)	Exchange of letters constituting an agreement concerning arrangements between the United Nations and the Government of the Federal Republic of Germany regarding the Seminar on the Prevention of Chemical Accidents and Limitation of their Impact on Transboundary Waters, organized under the auspices of the Economic Commission for Europe, the Meeting of the Parties to the Convention on the Protection and Use of Transboundary Watercourses and International Lakes, and the Meeting of Signatories to the Convention on the Transboundary Effects of Industrial Accidents, held in Hamburg from 4 to 6 October 1999. Signed at Geneva on 2 and 24 August 1999	65
		(q)	Agreement between the United Nations and the International Tribunal for the Former Yugoslavia regarding the Detention Unit services and facilities. Signed at The Hague on 25 August and 11 September 1999	68
		(r)	Agreement between the United Nations (United Nations University) and the Government of the Hashemite Kingdom of Jordan regarding the establishment of the International Cooperation Office of the United Nations University—International Network on Water, Environment and Health. Signed at Amman on 26 August 1999	77
		(s)	United Nations Technical Cooperation Agreement between the United Nations and the Government of Greece. Signed at New York on 15 October 1999	84
		(t)	Agreement between the United Nations and the Government of the Togolese Republic regarding the establishment in Lomé of the United Nations Regional Centre for Peace and Disarmament in Africa. Signed at Lomé on 17 November 1999	88
		(u)	Exchange of letters constituting an agreement between the United Nations and the Republic of Croatia on the status of the Liaison Office of the Prosecutor of the International Tribunal for the Former Yugoslavia and its personnel. Signed at New York on 6 December 1999 and 10 February 2000	93
	3.	Agreements relating to the United Nations Children's Fund		96
			Basic Cooperation Agreement between the United Nations (United Nations Children's Fund) and the Government of the Hashemite Kingdom of Jordan. Signed at Amman on 30 June 1999
	4.	Agreements relating to the United Nations Population Fund		105
			Exchange of letters constituting an agreement between the United Nations (United Nations Population Fund) and the Kingdom of the Netherlands concerning arrangements for a forum associated with the five-year review of the implementation of the Programme of Action of the International Conference on Population and Development. Signed at New York on 4 February 1999
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.	International Labour Organization
		(a)	Cooperation Agreement between the International Labour Organization and the Inter-Parliamentary Union. Signed at Geneva on 27 May 1999	110
		(b)	Memorandum of Understanding between the International Labour Organization and the Pan-American Health Organization to support Latin America and Caribbean countries in the extension of social protection in health to excluded populations. Signed at Lima on 24 August 1999	112
	3.	United Nations Educational, Scientific and Cultural Organization		116
			Cooperation Agreement between the United Nations Educational, Scientific and Cultural Organization and the International Criminal Police Organization—Interpol. Signed at Paris on 5 October 1999
	4.	International Civil Aviation Organization		119
			Supplementary Agreement between the International Civil Aviation Organization and the Government of Canada regarding the headquarters of the International Civil Aviation Organization. Signed at Calgary on 28 May 1999
	5.	World Health Organization
		(a)	Agreement between the World Health Organization and the Universal Postal Union. Signed at Geneva on 9 February 1999	126
		(b)	Basic Agreement between the World Health Organization and the Government of Belarus for the establishment of technical advisory cooperative relations. Signed at Geneva on 20 May 1999	128
	6.	United Nations Industrial Development Organization		131
			Basic Cooperation Agreement between the United Nations Industrial Development Organization and the Government of the Republic of Ghana. Signed on 2 December 1999
	7.	International Atomic Energy Agency
		(a)	Exchange of letters constituting an agreement between the International Atomic Energy Agency and the Federative Republic of Brazil in connection with the Treaty on the Non-Proliferation of Nuclear Weapons and the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean. Signed at Vienna on 31 May and 30 July 1999	132
		(b)	Protocol Additional to the Agreement between the International Atomic Energy Agency and the Republic of Indonesia for the application of safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons. Signed at Vienna on 29 September 1999	133

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
A.	General review of the legal activities of the United Nations
	1.	Disarmament and related matters		147
	2.	Other political and security questions		151
	3.	Environmental, economic, social, humanitarian and cultural questions		153
	4.	Law of the sea		177
	5.	International Court of Justice		179
	6.	International Law Commission		219
	7.	United Nations Commission on International Trade		220
	8.	Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies		221
	9.	United Nations Institute for Training and Research		225
B.	General review of the legal activities of intergovernmental organizations related to the United Nations
	1.	International Labour Organization		226
	2.	United Nations Educational, Scientific and Cultural Organization		228
	3.	World Health Organization		232
	4.	World Bank		234
	5.	International Monetary Fund		238
	6.	International Civil Aviation Organization		244
	7.	Universal Postal Union		246
	8.	International Maritime Organization		247
	9.	World Intellectual Property Organization		253
	10.	United Nations Industrial Development Organization		259
	11.	World Trade Organization		261
	12.	International Atomic Energy Agency		272
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.	Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. Done at New York on 6 October 1999		283
	2.	International Convention for the Suppression of the Financing of Terrorism. Done at New York on 9 December 1999		287
B.	Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations International Maritime Organization
	1.	International Labour Organization		299
			International Labour Organization Convention concerning the Prohibition and Immediate Elimination of the Worst Forms of Child Labour. Done at Geneva on 17 June 1999
	2.	United Nations Educational, Scientific and Cultural Organization		303
			Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict. Done at The Hague on 26 March 1999
	3.	International Civil Aviation Organization		303
			Convention for the Unification of Certain Rules for International Carriage by Air. Done at Montreal on 28 May 1999
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. 914 (23 July 1999): Gordon and Pelanne v. the Secretary-General of the United Nations
		Failure to compensate sufficiently for the non-circulation of vacancy announcements—Waiver of a vacancy announcement in "an extraordinary emergency situation"—Respondent has burden of proof of demonstrating that staff member had received consideration for a post or promotion—Remedies for serious maladministration—Staff rule 112.3		337
	2.	Judgement No. 923 (29 July 1999): Moore v. the Secretary-General of the United Nations
		Separation from service—Material misstatement of fact on P. 11 form—Staff regulation 9.1—Issue of a special advisory board to review termination decision—Question of improper motive or prejudice—Effect of additional information requested from staff member for deficient P. 11 form—Issue of proper recruitment process		338
	3.	Judgement No. 930 (15 November 1999): Khawaja v. the Secretary-General of the United Nations
		Non-conversion of fixed-term appointment—Staff rule 104.12 (full and fair consideration for permanent appointment)— Staff rule 109.7 (no expectation of renewal or conversion of fixed-term appointment)—Issue of secondment from government service—Staff rule 104.12 (b) (iii) (all interests of Organization should be taken into account)		341
	4.	Judgement No. 936 ( 15 November 1999): Salama v. the Secretary-General of the United Nations
		Lateral transfer and non-promotion to D-l—Secretary-General has power to appoint staff members—Justified expectations raised by the Organization must be fulfilled—Cardinal principle of good faith towards staff member—Article 9 of Tribunal's statute—Staff rule 112.3—Clarification of Tribunal's jurisdiction in promotion cases		343
	5.	Judgement No. 939 (19 November 1999): Shahrour v. the Commissioner-General of the United Nations
		Relief and Works Agency for Palestine Refugees in the Near East Termination under Area staff regulation 9.1 and Area staff rule 109.1—Discretion in deciding to terminate in the interests of the Organization is not unlimited—Treatment of decisions imposing disciplinary measures—Question of evidence supporting a misconduct charge—Question of prejudice—Issue of disciplinary measure being disproportionate to misconduct		346
	6.	Judgement No. 941 (19 November 1999): Kiwanuka v. the Secretary-General of the United Nations
		Termination pursuant to staff rule 110.2—Broad power of discretion regarding disciplinary matters—Judgement No. 479, Caine (1990)—Disciplinary decisions involve exercise of quasi-judicial power—Tribunal's review of such decisions—Burden of proof on Respondent to produce evidence of misconduct—Role of Joint Disciplinary Committee—Issue of suspension from duty without pay		348
	7.	Judgement No. 942 (24 November 1999): Merani v. the United Nations Joint Staff Pension Board
		Non-application of the cost-of-living differential factor in calculation of the initial local-currency deferred retirement benefit—Provisions (of pension adjustment system) should be read together and not in isolation—Exceptions should be narrowly construed—"Natural and ordinary" meaning of words—Use of preparatory work and circumstances for interpretation purposes—Vienna Convention on the Law of Treaties—Effect of practice on the interpretation process—Tribunal cannot legislate—Question of financial implications for the Organization		350
B.	Decisions of the Administrative Tribunal of the International Labour Organization
	1.	Judgement No. 1787 (28 January 1999): in re Gramegna v. International Organization for Migration
			Abolition of post and non-appointment to new post—Duty of the Organization to find alternative post—Issue of Organization giving reasons for adverse decision affecting staff member—Selection criteria must be objective and clear—Limits to exercise of discretion in selection decision	352
	2.	Judgement No. 1796 (28 January 1999): in re de Munck v. Food and Agriculture Organization of the United Nations
			Non-renewal of appointment—Limits to exercise of discretionary decision—Issue of disciplinary proceedings—Importance of due process safeguards	354
	3.	Judgement No. 1805 (28 January 1999): in re Hartigan v. Food and Agriculture Organization of the United Nations
			Denial of compensation for service-incurred total incapacity— "Essential personal needs"—Principles of interpretation—Question of a narrower interpretation—Tribunal cannot set amount of compensation	355
	4.	Judgement No. 1832 (28 January 1999): in re Durand-Smet (No. 2) v. European Patent Organisation
			Non-appointment to post—Res judicata—Question of a challengeable decision—European Patent Convention—Effect of appealing to wrong body—Rules construed using common sense	356
	5.	Judgement No. 1849 (8 July 1999): in re Gera v. World Health Organization
			Recovery of an overpayment—Overpayment should be reimbursed unless unfair or unjust—Question of which United Nations body should be reimbursed—Issue of exhaustion of all internal means of redress—Overpayment precluded an award for moral damages	358
	6.	Judgement No. 1851 (8 July 1999): in re Chevallier v. International Telecommunication Union
			Non-appointment to post because of age—Non-written rules/ practice must be proved	359
	7.	Judgement No. 1854 (8 July 1999): in re Gonzalez Lira v. European Southern Observatory
			Suppression of post and termination—Right of international organization to restructure—Question of functions of new post being different from the former post—Issue of an alternative post	360
	8.	Judgement No. 1864 (8 July 1999): in re Andrews (Christopher) and others v. European Patent Organization
			Denial of expatriation allowance—Question of breach of principle of equality—Distinctions made between categories of staff members must be fair and reasonable—Issue of an imperfect allowance system	361
	9.	Judgement No. 1870 (8 July 1999): in re Boivin v. European Organisation for the Safety of Air Navigation (Eurocontrol Agency)
			Quashing of appointment decision—Obligation to protect affected official when appointment was quashed—Questions of costs for outside legal counsel—Requirement of an expert opinion—Issue of moral damages	362
	10.	Judgement No. 1871 (8 July 1999): in re Coates (Nos. 1 and 2) v. Food and Agriculture Organization of the United Nations
			Non-appointment to post—Limited review of selection decisions—Priority criterion in the appointment of staff—Other criteria of geographic distribution and seniority	364
	11.	Judgement No. 1872 (8 July 1999): in re Banda v. Organisation for the Prohibition of Chemical Weapons
			Termination for unsatisfactory service—Importance of notifying staff of reasons for termination—Staff should be properly warned in time to have opportunity for improvement of unsatisfactory performance	365
	12.	Judgement No. 1878 (8 July 1999): in re Limage (No. 3) v. United Nations Educational, Scientific and Cultural Organization
			Summary dismissal—Tribunal's review of the proportionality of a disciplinary measure—Importance of notifying staff member of precise charges of serious misconduct—Role of Joint Disciplinary Committee—Issue of previous similar behaviour of staff member being included as grounds for dismissal—Question of behaviour rising to level of "serious misconduct"—Responsibility for shortcomings of Appeals Board	366
	13.	Judgement No. 1881 (8 July 1999): in re Goode v. International Labour Organization
			Non-renewal of contract—Tribunal review of discretionary decision not to renew—Issues in internal complaint which were logically inseparable should not be split—Issue of prejudicial comments made during decision-making process—Staff member must be allowed opportunity to comment on unflattering information submitted to decision-making body	369
C.	Decisions of the World Bank Administrative Tribunal
	1.	Decision No. 205 (3 February 1999): H. Paul Crevier v. International Bank for Reconstruction and Development
			Claim for both unreduced pension benefit and severance payments under amended pension system—Issue of linking pension entitlement with severance entitlement—Question of retroactive change of terms and conditions of employment—Question of reasonableness of conditioning receipt of unreduced pension in forgoing receipt of severance payment—Discrimination not an issue when staff members are in different situations/categories—Use of pension assets—Issue of parallelism in connection with the International Monetary Fund	371
	2.	Decision No. 211 (14 May 1999): Sue C. Lysy v. International Bank for Reconstruction and Development
			Non-confirmation of permanent appointment and termination —Internal remedies must be exhausted—Treatment of evidence by the Tribunal—Role of the Tribunal in reviewing performance reports—Question of interpersonal relationships—Performance evaluation reports should be balanced—Issue of improper motivation—Importance of first informing staff member concerned of performance evaluation—World Bank's Code of Ethics	373
D.	Decisions of the Administrative Tribunal of the International Monetary Fund
	1.	Judgement No. 1999-1 (12 August 1999): Mr. "A" v. International Monetary Fund
			Retroactive conversion to regular staff and reinstatement— Issue of receivability—Question of deciding merits of claim before examining issue of jurisdiction—Issue of exercising jurisdiction in order to prevent escaping a judicial review—Audi alterant partent—Question of remedies	376
	2.	Judgement No. 1999-2 (13 August 1999): Mr. "V" v. International Monetary Fund
			Alleged violation of a retirement agreement—Meaning of placing documents under seal—Question of creating future records of former staff member's performance after a negotiation for deletion of performance rating from electronic database—Boundaries of a "confidential clause"—Importance of Tribunal's enforcement of negotiated settlement and release agreements—Elements of such an agreement—"Strictly confidential" versus "secret "—Lack of sensitivity does not amount to gross negligence—Question of where Fund is liable for actions of Staff Association Committee—Issue of damage to reputation—Effect of Grievance Committee's recommendation before the Tribunal—Question of costs awarded to Respondent for alleged frivolous claims brought by Applicant	379
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
	Contracts
	1.	Implementing instruments—Convention on Long-range Transboundary Air Pollution of 13 November 1979—Financial regulation 10.5 and financial rules 110.10 to 110.24		387
	Liability issues
	2.	Pilot project with internships of graduate students in peacekeeping operations—Legal status of students in the host countries under the status-of-forces agreements—Liability of the Organization		389
	3.	Death and disability claims—Contributory negligence		392
	Personnel
	4.	Outside employment and activities—Staff regulation 1.2—Staff rules 101.2 (p), (q), (r) and (s)		393
	5.	Meaning of the term "administrative decision"—Staff regulation 11.1		396
	6.	Report to the General Assembly on management irregularities—Procedures for determining "gross negligence"—Recovery procedures		398
	Privileges and immunities [see also: additional legal opinions]
	7.	Privileges and immunities of UNICEF and its officials		405
	Procedural and institutional issues
	8.	Authority for the establishment of United Nations awards—Awards in the field of drug use prevention and control—Nansen Award		406
	9.	Legal status of the Permanent Observer Mission of the Organization of the Islamic Conference—Privileges and immunities of non-State entities invited to participate as observers in United Nations meetings		408
	10.	Consideration of agenda items in numerical order		409
	11.	Confidentiality—Rules of procedure of the Commission on the Limits of the Continental Shelf		411
	12.	Appointment of the Secretary-General of the World Meteorological Organization—Voting procedures		415
	13.	Possibility of States not members of the Commission on Sustainable Development holding office in an open-ended intergovernmental group of experts—Rule 15 of the rules of procedure of the functional commissions of the Economic and Social Council		417
	Privileges and immunities
	14.	Participation of organizations of the United Nations system in competitive bidding exercises conducted by Governments		418
	Treaty issues
	15.	Privileges and immunities of UNICEF and its officials		423
B.	Legal opinions of the Secretariats of intergovernmental organizations related to the United Nations			426

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

Chapter VII. Decisions and Advisory Opinions of International Tribunals
Chapter VIII. Decisions of national tribunals
	United States of America
		United States Court of Appeals for the District of Columbia Circuit
			International Bank for Reconstruction and Development v. District of Columbia
			Question whether a private contractor, retained by the World Bank to provide food services to individuals on the Bank's premises, has derivative immunity from District of Columbia taxes on the contractor's sales of food and beverages	433

Part Four. Bibliography

Bibliography
Legal bibliography of the United Nations and related intergovernmental organizations
A.	International organizations and international law in general
	1.	General		446
	2.	Particular questions		446
B.	United Nations
	1.	General		451
	2.	Particular organs		451
			General Assembly	451
			International Court of Justice	451
			Regional commissions	454
			Secretariat	454
			Security Council	454
			United Nations Forces	455
	3.	Particular questions or activities		455
			Air and space law	455
			Collective security	456
			Commercial arbitration	456
			Consular relations	457
			Definition of aggression	457
			Diplomatic relations	458
			Disarmament	458
			Environmental questions	458
			Financing	461
			Human rights	461
			International criminal law	466
			International economic law	474
			International terrorism	475
			International trade law	475
			International waterways	476
			Intervention	476
			Law of the sea	477
			Law of treaties	480
			Law of war	480
			Maintenance of peace	481
			Membership and representation	482
			Namibia	483
			Narcotic drugs	483
			Natural resources	483
			Non-governmental organizations	483
			Peaceful settlement of disputes	484
			Political and security questions	485
			Progressive development and codification of international law (in general)	485
			Recognition of States	486
			Refugees	486
			Right of asylum	487
			Rule of law	487
			Self-defence	488
			Self-determination	488
			State responsibility	489
			State succession	489
			Technical cooperation	490
			Trade and development	490
			Trusteeship	490
			Use of force	490
C.	Intergovernmental organizations related to the United Nations
		General Agreement on Tariffs and Trade		491
		International Civil Aviation Organization		492
		International Labour Organization		492
		International Maritime Organization		492
		International Monetary Fund		492
		International Telecommunication Union		493
		World Bank		493
			International Centre for Settlement of Investment Disputes	493
		World Health Organization		493
		World Trade Organization		494