| Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations |
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Spain |
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International Criminal Court. Presentation of grounds for authorizing ratification of the Statute by Spain |
3 |
| 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 |
9 |
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2. |
Agreements relating to installations and meetings |
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(a) |
Cooperation Agreement between the United Nations and the Government of the Kingdom of Thailand concerning
the International Institute for Trade and Development. Signed at Bangkok on 17 February 2000 |
9 |
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(b) |
Exchange of letters constituting an agreement between the United Nations and the Government of the Netherlands concerning arrangements regarding the Meeting of the Parties to the Convention on the Protection and Use of Transboundary Watercourses and International Lakes, to be held at The Hague from 23 to 25 March 2000. Signed at Geneva on 9 and 18 February 2000 |
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(c) |
Exchange of letters constituting an agreement between the United Nations and the Government of Sweden on the Tenth United Nations International Training Course on Remote Sensing Education for Educators, organized in cooperation with the Government of Sweden. Signed at Vienna on 23 February 2000 and 4 April 2000 |
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(d) |
Memorandum of agreement between the United Nations and the Government of Sweden for the contribution of personnel to the International Tribunal for the Former Yugoslavia. Signed at The Hague on 28 April 2000 |
23 |
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(e) |
Agreement between the United Nations and the Democratic Republic of the Congo on the status of the United Nations Organization Mission in the Democratic Republic of the Congo. Signed at Kinshasa on 4 May 2000 |
23 |
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(f) |
Agreement to regulate the relationship between the United Nations and the Preparatory Commission for the
Comprehensive Nuclear-Test-Ban Treaty Organization.
Signed at New York on 26 May 2000 |
34 |
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(g) |
Protocol of technical cooperation between the United Nations (United Nations Transitional Administration in East Timor, founded in Brazil—United Nations Cooperation Agreement) and the Government of the Federative Republic of Brazil. Signed at Dili on 22 July 2000 |
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(h) |
Agreement between the United Nations and the Kingdom of Swaziland on the enforcement of sentences of the International Tribunal for Rwanda. Signed at Mbabane on 30 August 2000 |
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3. |
Agreements relating to the Office of the United Nations High Commissioner for Refugees |
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Cooperation Agreement between the United Nations
(Office of the United Nations high Commissioner for Refugees) and the Government of the Czech Republic. Done at Prague on 8 February 2000 |
47 |
| 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 |
52 |
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2. |
International Labour Organization |
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Exchange of letters between the Director-General of the International Labour Office and the Minister for Foreign Affairs of Viet Nam concerning the conclusion of a provisional arrangement with a view to the establishment of an ILO office in Hanoi. Signed at Geneva on 15 August 2000 |
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3. |
United Nations Educational, Scientific and Cultural Organization |
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Agreements relating to conferences, seminars and other meetings |
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4. |
United Nations Industrial Development Organization |
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(a) |
Agreement between the United Nations Industrial Development Organization and the Government of Colombia regarding the establishment of a UNIDO regional office in Colombia. Signed on 22 May 2000 |
54 |
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(b) |
Agreement between the United Nations Industrial Development Organization and the Government of the Lebanese Republic regarding the establishment of a UNIDO regional office in Beirut, for Arab countries. Signed on 3 June 2000 |
55 |
| 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 |
59 |
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2. |
Other political and security questions |
65 |
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3. |
Environmental, economic, social, humanitarian and cultural
questions |
67 |
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4. |
Law of the sea |
79 |
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5. |
International Court of Justice |
81 |
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6. |
International Law Commission |
119 |
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7. |
United Nations Commission on International Trade Law |
126 |
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8. |
Legal questions dealt with by the Sixth Committee of the
General Assembly and by ad hoc legal bodies |
128 |
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9. |
United Nations Institute for Training and Research |
134 |
| B. |
General review of the legal activities of intergovernmental organizations related to the United Nations |
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1. |
International Labour Organization |
135 |
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2. |
United Nations Educational, Scientific and Cultural Organization |
138 |
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3. |
World Health Organization |
140 |
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4. |
World Bank |
142 |
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5. |
International Civil Aviation Organization |
144 |
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6. |
Universal Postal Union |
146 |
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7. |
World Meteorological Organization |
147 |
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8. |
International Maritime Organization |
151 |
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9. |
World Intellectual Property Organization . |
162 |
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10. |
United Nations Industrial Development Organization |
167 |
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11. |
International Atomic Energy Agency |
168 |
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12. |
World Trade Organization |
171 |
| 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. |
Cartagena Protocol on Biosafety to the Convention on Biological Diversity. Done at Montreal on 29 January 2000 |
203 |
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2. |
Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict. Done at New York on 25 May 2000 |
223 |
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3. |
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography. Done at New York on 25 May 2000 |
228 |
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4. |
European Agreement Concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN). Done at Geneva on 26 May 2000 |
235 |
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5. |
United Nations Convention against Transnational Organized Crime. Done at New York on 15 November 2000 |
245 |
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6. |
Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. Done at New York on 15 November 2000 |
272 |
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7. |
Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime. Done at New York on 15 November 2000 |
280 |
| 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. 951 (28 July 2000): Al-Khatib v. the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East |
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Termination of services in the interest of the Agency—“Interest
of the Agency” should not be narrowly construed—Staff Regulations and Rules must be invoked regarding allegation of misconduct—Question of harm against the Agency’s good image—Question of loss of confidence in staff member |
293 |
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2. |
Judgement No. 954 (28 July 2000): Saaf v. the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East |
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Complaint against transfer and separation from service because
of redundancy—Discretion to transfer must not be abused—
Question of disguised disciplinary sanction—Issue of abolition
of post being fictitious—Issue of adequate efforts
made to reassign staff member—Question of procedural
irregularity giving rise to moral damages |
294 |
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3. |
Judgement No. 960 (2 August 2000): Qasem v. the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East |
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Termination of services for misconduct—Question of Board
of Inquiry being properly constituted—Termination in the interest of the Agency/Organization—Circumstantial evidence—
Dissenting opinion regarding exceptional circumstances
warranting additional compensation |
297 |
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4. |
Judgement No. 974 (17 November 2000): Robbins v. the Secretary-General of the United Nations |
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Insufficient compensation award—No right to a promotion—
Question of compensation |
299 |
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5. |
Judgement No. 981 (21 November 2000): Masri v. the Secretary-General of the United Nations |
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Non-renewal of appointment for omitting information on the
Personal history form—Staff rule 104.10 (a) on employment
of relatives of staff members—Staff rule 104.12 (b)
(ii) on no expectancy of fixed-term appointment—Nonrenewal
cannot be based on improper motives—Delay in Respondent’s answer to appeal |
300 |
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6. |
Judgement No. 983 (21 November 2000): Idriss v. the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East |
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Termination for misconduct—Disclosure of witnesses’ identi
ties—Question whether the Joint Appeals Board had sufficient
information to carry out a proper and independent assessment—Dissenting opinion regarding compensation |
301 |
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7. |
Judgement No. 987 (22 November 2000): Edongo v. the Secretary-General of the United Nations |
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Summary dismissal for serious misconduct—Jurisprudence
regarding disciplinary decisions—Burden of proof in disciplinary
cases—Staff rule 110.2 (a) and (b) and ST/AI/371, article II.4, on suspension from duty |
303 |
| B. |
Decisions of the Administrative Tribunal of the International Labour Organization |
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1. |
Judgement No. 1897 (3 February 2000): In re Cervantes (No. 4), Kagermeier (No. 5) and Munnix (No. 2) v. European PatentOrganisation |
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Complaint against extending staff members beyond retirement
age—Capacity of staff representatives to lodge an appeal— Question of equal treatment—Question of an amendment to the Staff Rules—Exceptions to the rules—Extension cannot
be set aside a posteriori—Issue of imposing penalty on
the Organisation |
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2. |
Judgement No. 1929 (3 February 2000): In re Beaucent v. Universal Postal Union |
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Complaint against transfer—Tribunal’s review of discretionary
decision to transfer staff member—Compulsory transfer of a disciplinary nature—Question of financial and moral
damages |
307 |
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3. |
Judgement No. 1961 (12 July 2000): In re Cody v. United Nations Industrial Development Organization |
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Abolition of post and termination of services—Assignment of
duties of abolished post to other staff members—Efforts at redeployment—Question of a warning to staff member of abolition of post—Issue of a remedy for staff member terminated
short of two years to early retirement |
309 |
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4. |
Judgement No. 1968 (12 July 2000): In re Concannon v. European Patent Organisation |
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Complaint against promotion of another staff member—Delays
in Respondent’s answer to appeal—Question of the other staff member being treated as an exceptional case—Limits to President’s discretion to make promotions |
311 |
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5. |
Judgement No. 1969 (12 July 2000): In re Wacker v. European Patent Organisation |
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Request for change of place of home leave—Limits to discre
tionary decision—Review of place of home leave is an exceptional measure |
313 |
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6. |
Judgement No. 1983 (12 July 2000): In re Gomes Pedrosa v.
United Nations Industrial Development Organization |
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Non-renewal of short-term appointment—Questions of receiv-
ability—Reasons for non-renewal must be given within a reasonable time—Judgement No. 946, in re Fernandez-Caballero (reasons must be given in case staff member chooses to appeal) |
314 |
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7. |
Judgement No. 1987 (12 July 2000): In re Dunseth and
Mattmann v. Organisation for the Prohibition of Chemical Weapons |
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Refusal to reclassify posts—Director-General’s competency
to reclassify posts—Difference between reclassification of post and promotion to new post grade |
316 |
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8. |
Judgement No. 1994 (12 July 2000): In re Hebert v. European Patent Organisation |
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Complaint against raising the amount of financial support pro
vided to a dependant to qualify for dependant allowance— Effect of a national court order for maintenance on a United Nations determination of its dependant allowance |
318 |
| C. |
Decisions of the World Bank Administrative Tribunal |
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1. |
Decision No. 217 (28 January 2000): William L. Visser v. International Bank for Reconstruction and Development |
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Non-renewal of short-term contract—Question of right to
renewal of short-term consultant contract—Issue of giving
reasons for non-renewal—Questions regarding written terms of reference—Entitlement to fair evaluation of work performance—Questions of unfair treatment |
320 |
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2. |
Decision No. 225 (28 January 2000): Paul Zwaga v. International Bank for Reconstruction and Development |
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Non-confirmation and termination of fixed-term contract—
Probationary period—Question of abuse of discretionary decision not to confirm appointment—Question whether due process was respected: warnings, opportunity to defend oneself, adequate guidance to an external candidate— Damages for injuries actually suffered |
324 |
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3. |
Decision No. 227 (18 May 2000): Bahram Mahmoudi (No. 2) v. International Bank for Reconstruction and Development |
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Redundant post—Limited review of redundancy decision—
Standard for declaring redundancy because of a redesigned post (para. 8.02 (c))—Issue of underemployment and abolition
of post—Appropriate remedy for serious abuse of discretion—Issue of Applicant’s faulty presentation of his case |
328 |
| D. |
Decisions of the Administrative Tribunal of the International Monetary Fund |
330 |
| 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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Peacekeeping |
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1. |
Release of Board of Inquiry report to next of kin of deceased military personnel (28 November 2000) |
333 |
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2. |
Question whether a State’s air force and navy assisting in the deployment of that State’s contingent in the United Nations mission area can be granted “experts on mission” status— Article 5.1 and article 7 of annex A to the Model Memorandum of Understanding—Security Council resolution 1320 (2000) (4 December 2000) |
335 |
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Personnel |
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3. |
Request for dependency benefits—Eligibility of children for dependency status (staff rule 103.24 and ST/IC/1996/40) (26 January 2000) |
336 |
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4. |
Question whether the Joint Appeals Board and the Joint Disciplinary Committee can review the files of the Office of Internal Oversight Services—Provision of confidentiality for staff members reporting to OIOS (27 January 2000) |
338 |
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5. |
Employment of former United Nations procurement officers by United Nations suppliers and vice versa—Sanctions against former staff members and companies that hire offending staff members—Conflicts of interest (26 May 2000) |
341 |
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Privileges and immunities |
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6. |
Illegal seizure of UNICEF property to satisfy court order— Immunity of the United Nations from civil suit—Arbitration— Article VIII, section 29(a), of the Convention on the Privileges and Immunities of the United Nations (2 February 2000) |
346 |
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7. |
Status of research assistants with the United Nations Institute for Disarmament Research (3 April 2000) |
348 |
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Procedural and institutional issues |
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8. |
Participation of observers in the Ad Hoc Committee to elaborate
international conventions for the suppression of terrorist bombings and acts of nuclear terrorism—The right to attend or participate as observers in the sessions and work of the General Assembly (15 February 2000) |
349 |
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9. |
Status of members of the Advisory Committee on Administrative and Budgetary Questions—Experts on mission travel certificates (24 February 2000) |
350 |
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10. |
Proposal for participation of the Office of the United Nations High Commissioner for Refugees as founder of a trusteeship in Mexico (23 March 2000) |
352 |
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11. |
Definition of “United Nations affiliated bodies” in relation to the statute of the Joint Inspection Unit—United Nations subsidiary organs and bodies—Question whether such bodies must abide by the provisions of the statute (5 April 2000) |
354 |
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12. |
Authority of the Secretary-General in amending the UNITAR statute—Question whether full-time UNITAR senior fellows can be granted the status of United Nations officials (27 April 2000) |
358 |
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13. |
Status, privileges and immunities under international law of the Permanent Observer Mission of Palestine to the United Nations (5 May 2000) |
359 |
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14. |
Accreditation of non-governmental organizations by regional preparatory meetings—Economic and Social Council resolution 1996/31 (21 July 2000) |
362 |
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15. |
Observer status in the General Assembly for the Inter-Parliamentary Union—Procedures for obtaining observer status with the United Nations for intergovernmental organizations— Question whether the Secretary-General may intervene in the process (2 October 2000) |
363 |
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16. |
Meaning of “officials” of the Economic and Social Commission for Western Asia (7 December 2000) |
364 |
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17. |
Applicability of local laws to United Nations premises—1947 United Nations Headquarters Agreement—Building codes (11 December 2000) |
365 |
| B. |
Legal opinions of the secretariats of intergovernmental organizations related to the United Nations |
367 |
