Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations |
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1. |
Belgium |
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Law conveying acceptance of the Convention on the Privileges and Immunities of the Specialized Agencies, 1947 |
3 |
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2. |
Canada |
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An Act to amend the Foreign Missions and International Organizations Act |
10 |
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3. |
Republic of Colombia |
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Four communications from the Office of Protocol under the Ministry of Foreign Affairs concerning diplomatic missions, international agencies or the United Nations system’s offices located in Colombia |
18 |
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 |
25 |
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2. |
Agreements relating to installations and meetings |
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(a) |
Exchange of letters between the United Nations Office at Geneva and the Government of the United Kingdom constituting an agreement regarding arrangements for the Ninth Conference on Urban and Regional Research of the Economic Commission for Europe, to be held at Leeds from 9 to 12 June 2002. Signed at Geneva on 23 November 2001 and 9 January 2002 |
25 |
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(b) |
Agreement between the United Nations and the Government of Mexico regarding the arrangements for the International Conference on Financing for Development, to be held at Monterrey, Mexico,
from 18 to 22 March 2002. Signed at New York on 25 January 2002 |
29 |
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(c) |
Agreement between the United Nations and the Government of Sierra Leone on the Establishment of a Special Court for Sierra Leone. Signed on 16 January 2002 |
38 |
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(d) |
Exchange of letters between the United Nations and the Government of Mexico constituting an agreement regarding arrangements for the International Colloquium on “Regional Government and Sustainable Development in Tourism-driven Economies”, to be held in Cancún, State of Quintana Roo, Mexico, from 20 to 22 February 2002. Signed at New York on 15 and 19 February 2002 |
53 |
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(e) |
Agreement between the United Nations and the Kingdom of Spain regarding the arrangements for the Second World Assembly on Ageing, to be held in Madrid, Spain, from 8 to 12 April 2002. Signed on 25 February 2002 |
58 |
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(f) |
Exchange of letters between the United Nations and the Government of the People’s Republic of China constituting an agreement regarding a conference on disarmament, entitled “A Disarmament Agenda for the 21st Century”, to be held in Beijing from 2 to 4 April 2002. Signed at New York on 11 and 22 March 2002 |
66 |
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(g) |
Exchange of letters between the United Nations and the Government of Mongolia constituting an agreement regarding a meeting entitled “Supportive Environment for Cooperatives—A Stakeholder Dialogue on Definitions, Prerequisites, and Process of Creation”, to be held in Ulaanbaatar, Mongolia, from 15 to 17 May 2002. Signed at New York on 1 and 11 April 2002 |
69 |
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(h) |
Exchange of letters between the United Nations and the Government of Sweden constituting an agreement regarding the hosting of the meeting of the members of the Committee on the Elimination of
Discrimination against Women, to be held in Lund, Sweden, from 22 to 24 April 2002. Signed at New York on 9 and 18 April 2002 |
75 |
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(i) |
Agreement between the United Nations and the Government of the Federal Republic of Germany regarding the arrangements for the Eighth United Nations Conference on the Standardization of
Geographical Names, to be held in Berlin from 26 August to 6 September 2002. Signed on 30 April 2002 |
79 |
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(j) |
Exchange of letters between the Government of Malta and the United Nations extending the Agreement of 9 October 1987 establishing the International Institute on Ageing in Malta. Signed at New York on 3 and 30 April 2002 |
87 |
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(k) |
Agreement between the United Nations and the Government of Indonesia regarding arrangements for the Fourth Session of the Preparatory Committee for the World Summit on Sustainable Development. Signed at New York on 14 May 2002 |
88 |
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(l) |
Exchange of letters between the United Nations and the Minister for Foreign Affairs of the Interim Administration of Afghanistan constituting an agreement regarding the establishment of a United Nations Assistance Mission in Afghanistan. Signed at New
York on 9 April 2002 and at Kabul on 15 May 2002 |
97 |
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(m) |
Agreement between the United Nations and the Government of the Democratic Republic of East Timor concerning the status of the United Nations Mission of Support in East Timor. Done at Dili on
20 May 2002 |
102 |
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(n) |
Supplemental Arrangement between the United Nations Mission of Support in East Timor and the Government of the Democratic Republic of East Timor on the transfer of police responsibilities to the East Timor Police Service. Signed on 20 May 2002 |
116 |
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(o) |
Arrangements between the United Nations and the Government of the Federal Republic of Germany regarding the Ministerial Conference on Ageing of the Economic Commission for Europe, to be held in Berlin from 11 to 13 September 2002. Signed at Geneva on 8 and 17 July 2002 |
124 |
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(p) |
Agreement between the United Nations and the Government of South Africa regarding arrangements for the World Summit on Sustainable Development. Signed at New York on 9 August 2002 |
129 |
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(q) |
Exchange of letters between the United Nations and the Government of Italy constituting an Agreement regarding arrangements for the First Meeting of the Parties to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, to be held in Lucca from 21 to 23 October 2002. Signed at Geneva on 23 September and 15 October 2002 |
140 |
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(r) |
Exchange of letters between the United Nations and the Government of the United Arab Emirates constituting an Agreement regarding arrangements for the organization of the International Workshop on “Social Dimensions of Macroeconomic Policy in a Globalizing World”, to be held in Abu Dhabi from 16 to 18 December 2002. Signed at New York on 25 October and 13 November 2002 |
145 |
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(s) |
Exchange of letters between the United Nations and the Government of the Republic of Korea constituting an Agreement regarding arrangements to host the United Nations Conference on Disarmament and Non-proliferation Issues, to be held on Jeju Island from 3 to 5 December 2002. Signed at New York on 29 November and 2 December 2002 |
150 |
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(t) |
Agreement between the United Nations and the Government of the Kingdom of Sweden for Restoration, Preservation and Long-term Archival Storage of the Film Material on United Nations Secretary-General Dag Hammarskjöld. Signed at New York on 19 December 2002 |
152 |
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 |
158 |
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2. |
International Labour Organization |
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(a) |
Agreement between the Organisation internationale de la francophonie and the International Labour Organization. Signed at Geneva on 13 February 2001 |
158 |
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(b) |
Agreement between the United Nations and the International Labour Organization regarding the use and occupation of the premises at the International Training Centre of the International Labour Organization in Turin and the facilities and services thereof by the United Nations System Staff College. Signed on 30 January 2002 |
162 |
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(c) |
Agreement between the International Labour Organization and the Government of the Socialist Republic of Viet Nam on the establishment of an ILO office in Hanoi, Viet Nam. Signed on 4 February 2002 |
165 |
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3. |
World Health Organization |
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(a) |
Agreement between the Kingdom of Belgium and the World Health Organization concerning the establishment in Belgium of a liaison office of that Organization. Signed at Brussels on 6 January 1999 |
170 |
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(b) |
Framework Agreement on Cooperation between the World Health Organization and the Government of the Kingdom of Spain. Signed at Madrid on 12 September 2001 |
172 |
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(c) |
Basic Agreement between the World Health Organization and the Government of the Democratic Republic of East Timor for the establishment of technical advisory cooperation relations. Signed at Dili on 20 May 2002 |
175 |
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4. |
International Atomic Energy Agency |
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Protocol Additional to the Agreement between the International Atomic Energy Agency and the Government of the Republic of Yemen for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. Signed at Vienna on 21 September 2000 |
179 |
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 |
215 |
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2. |
Other political and security questions |
227 |
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3. |
Environmental, economic, social, humanitarian and cultural
questions |
229 |
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4. |
Law of the sea |
238 |
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5. |
International Court of Justice |
240 |
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6. |
International Law Commission |
256 |
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7. |
United Nations Commission on International Trade Law |
258 |
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8. |
Legal questions dealt with by the Sixth Committee of the
General Assembly and by ad hoc legal bodies |
264 |
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9. |
United Nations Institute for Training and Research |
267 |
B. |
General review of the legal activities of intergovernmental organizations related to the United Nations |
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1. |
International Labour Organization |
268 |
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2. |
United Nations Educational, Scientific and Cultural Organization |
269 |
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3. |
World Health Organization |
271 |
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4. |
World Bank |
273 |
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5. |
International Civil Aviation Organization |
277 |
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6. |
Universal Postal Union |
280 |
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7. |
International Maritime Organization |
281 |
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8. |
World Intellectual Property Organization . |
292 |
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9. |
United Nations Industrial Development Organization |
298 |
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10. |
International Atomic Energy Agency |
299 |
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11. |
World Trade Organization |
303 |
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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Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Done at New York on 18 December 2002 |
375 |
B. |
Treaties concerning international law concluded under the auspices of Intergovernmental organizations related to the United Nations |
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United Nations Educational, Scientific and Cultural Organization |
388 |
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Convention on the Protection of the Underwater Cultural Heritage. Done at Paris on 6 November 2001 |
388 |
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. 1043 (23 July 2002): Mink v. the Secretary-General of the United Nations |
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Allegation of sexual harassment not appropriately responded to by the Administration—Claxton (1992) and Belas-Gianou (1995) judgements — Importance of a thorough investigation — Promotion and agreed termination of accused should have been stayed during investigation — Dissemination of investigation report |
409 |
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2. |
Judgement No. 1045 (23 July 2002): Obiny v. the Secretary-General of the United Nations |
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Non-renewal of fixed-term contract— No expectancy of renewal—Question of time to improve work performance— Importance of initiation of disciplinary proceedings for staff member to clear name—Importance of notification to staff member of misconduct— Investigation into unauthorized outside activities must
be conducted properly—Involvement in staff association led to unfair treatment of staff member |
411 |
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3. |
Judgement No. 1056 (26 July 2002): Katz v. the Secretary-General of the United Nations |
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Non-promotion to D-1 level—ST/AI/412 on the achievement of gender equality—Article 8 of the Charter of the United Nations and need for affirmative action— Confidentiality of Appointment and Promotion Board records |
413 |
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4. |
Judgement No. 1063 (26 July 2002): Berghuys v. the United Nations Joint Staff Pension Board |
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Domestic partner as a surviving “spouse” for pension purposes— Meaning of “spouse” under United Nations Joint Staff Pension Fund Regulations and Rules— Interpretation according to “ordinary meaning” of terms—Effect of national laws of a participant in the Fund |
415 |
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5. |
Judgement No. 1064 (26 July 2002): Paluku v. the Secretary-General of the United Nations |
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Abolition of post—Disguised disciplinary proceeding— Judgements Nos. 459 (Moore-Woodroffe) and 501 (Lavalle) on abolition of posts—Administrative action versus disciplinary proceeding—Issue of special post allowance |
416 |
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6. |
Judgement No. 1070 (26 July 2002): Flanagan v. the Secretary-General of the United Nations |
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Request for adjustment to United States federal income tax reimbursement on grounds that lump-sum payment on retirement resulted in limitation on tax deductions— Principle of equality and ST/IC/1996/73 |
418 |
B. |
Decisions of the Administrative Tribunal of the International Labour Organization |
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1. |
Judgement No. 2120 (15 July 2002): Barraclough v. International Atomic Energy Agency |
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Non-selection for promotion—SEC/NOT/1325 on employment of spouses —Contradictory legislation— Staff rule 3.03.5 on spouses not serving in same line of authority—Discrimination based on marital status and family relationship—International Covenant on Civil and Political Rights |
420 |
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2. |
Judgement No. 2125 (15 July 2002): Lemaire v. International Atomic Energy Agency |
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Non-extension of appointment beyond retirement age— Non-extension must be based on proper reasons— Rejuvenation of staff |
422 |
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3. |
Judgement No. 2127 (15 July 2002): Ruggiu v. European Patent Organisation |
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Discontinuation of orphan’s pension payments—Question of whether a child was a dependant of widowed staff or whether the deceased was staff’s spouse—Purpose of orphan’s pension payments |
423 |
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4. |
Judgement No. 2129 (15 July 2002): Adjayi and others v. World Health Organization |
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Discontinuation of orphan’s pension payments—Question of whether a child was a dependant of widowed staff or whether the deceased was staff’s spouse—Purpose of orphan’s pension payments |
424 |
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5. |
Judgement No. 2139 (15 July 2002): Underhill v. International Atomic Energy Agency |
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Non-extension of appointment—Right of staff member to resort to all internal and jurisdictional remedies available should not prejudice staff member— Exercise of discretion required adherence to procedural safeguards |
426 |
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Judgement No. 2151 (15 July 2002): Mikes, Mohn and Zhang v. Organisation for the Prohibition of Chemical Weapons |
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Non-classification of post from P-3 to P-4—Question of classification exercise based on proper job description— Issue of experience—Importance of specifying methodology in classification exercise—Issue of intervention
into case |
428 |
C. |
Decisions of the World Bank Administrative Tribunal |
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1. |
Decision No. 261 (24 May 2002): Syed Ghulam Mustafa Gilani v. International Bank for Reconstruction and Development |
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Complaint against redundancy—Duty to isolate real issues of case—Importance of exhaustion of all internal procedures—Importance of timely review of decision— Limited review of redundancy decision—Issue
of outdated skills—Staff rule 7.01 on redundancy— Adequate notice to staff member of his redesigned post and possible redundancy—Waiver of deadline for submission of application for post |
430 |
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2. |
Decision No. 272 (30 September 2002): C. v. International Bank for Reconstruction and Development |
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Transmission of documents to the United States Department of Justice —Staff rule 2.01 on the release of information outside the Bank Group —Specific notice versus awareness of referral of information—Documents not specifically covered by staff rule— Treatment of confidential documents in a criminal investigation— Issue of access of accused to privileged documents—King decision on rights of staff member accused of misconduct—Tribunal’s consideration of matter during ongoing external criminal investigation— Tribunal’s reservations regarding unnecessary
secretive procedures—Staff rules 11.01 and 8.01 regarding claim of monies owed to staff member |
434 |
D. |
Decisions of the Administrative Tribunal of the International Monetary Fund |
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Decision No. 2002-2 (5 March 2002): Ms. “Y” (No. 2) v. International Monetary Fund |
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Review of decision upholding conclusions of ad hoc discrimination review team regarding grading and subsequent abolition of post—Importance of timely review and exhaustion of administrative remedies—Question of de novo review of merits by the Tribunal—Question of Fund’s discretionary
authority to fashion an alternative dispute resolution mechanism—de Merode decision on reviewing exercise of discretionary authority—Review of informal proceedings versus formal proceedings |
438 |
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. |
Operations of the United Nations Postal Administration— United Nations Postal Agreements (12 December 2002) |
445 |
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Copyright issues |
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2. |
Use of the United Nations logo and names of staff members on the Internet site located at http://Intersyndicale. org (14 February 2002) |
448 |
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Financial issues |
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3. |
Question of whether clauses providing for the return to donors of all the interests accrued from their contributions are compatible with United Nations regulations, rules and policies (20 February 2002) |
452 |
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4. |
Report to the General Assembly on multi-year payment plan—General Assembly resolution 56/243— Application of Article 19 of the Charter of the United Nations
(6 March 2002) |
454 |
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5. |
Financial responsibility of staff member (staff rules 112.3, 212.2 and 312.2 and financial rules 110.14 and 114.1) (14 August 2002) |
458 |
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Personnel issues |
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6. |
Repatriation grant to a staff member who has resigned further to allegations of misconduct—Staff regulations 10.1 and 10.2—Disciplinary proceedings and the jurisprudence of the United Nations Administrative Tribunal (29 April 2002) |
463 |
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7. |
Legal status of certain categories of United Nations personnel serving in peacekeeping operations—Civilian police and military observers—Military members of military components (3 May 2002) |
466 |
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Procedural and institutional issues |
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8. |
Status of United Nations Relief and Works Agency for Palestine Refugees in the Near East area staff (7 May 2002) |
470 |
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9. |
Gratis personnel—Voluntary contribution of services to the Department of Public Information by a private communications company (8 May 2002) |
471 |
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10. |
Gratis personnel—Regime with respect to personnel of the United Nations Monitoring, Verification and Inspection Commission—Security Council resolution
1284 (1999) (11 November 2002) |
474 |
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11. |
Regulations governing the status, basic rights and duties of officials other than Secretariat officials, and experts on mission (ST/SGB/2002/9)—Status of members of
the Board of Auditors and their staff—United Nations Financial Regulations
(22 November 2002) |
477 |
B. |
Legal opinions of the secretariats of intergovernmental organizations related to the United Nations |
480 |