| Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations |
 |
| |
Estonia |
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| |
|
Procedure for the Recognition of Travel Documents of Foreign States and International Organisations |
3 |
| Chapter II. Treaties concerning the legal status of the United Nations and related intergovernmental organizations |
|
| A. |
Treaties concerning the legal status of the United Nations |
|
| |
1. |
Status of the 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 missions, offices and meetings |
|
| |
|
(a) |
Arrangements between the United Nations and the Government of the Former Yugoslav Republic of Macedonia Regarding the Joint EEC/EUROSTAT Work Session on Population and Housing Census, to be held in Ohrid from 21 to 23 May 2003. Geneva, 29 January 2003 |
5 |
| |
|
(b) |
Memorandum of Agreement between the United Nations and the Government of France for the Provision of Personnel to the United Nations Assistance Mission in Afghanistan. New York, 4 March 2003 |
8 |
| |
|
(c) |
Agreement between the United Nations and the Government of Kazakhstan regarding the arrangements for the International Ministerial Conference of Landlocked and Transit Developing Countries and Donor Countries and International Financial and Development Institutions on Transit Transport Cooperation. New York, 27 June 2003 |
13 |
| |
|
(d) |
Exchange of letters constituting an agreement between the United Nations and the Government of Samoa regarding the arrangements for the Pacific Regional Preparatory Meeting, to be held in Apia from 4 to 8 August 2003. New York, 29 July 2003 and 22 August 2003 |
18 |
| |
|
(e) |
Agreement between the United Nations and the Government of the Kingdom of Thailand regarding the Fifth Meeting of the States Parties to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction. New York, 4 September 2003 and Geneva, 8 September 2003 |
23 |
| |
|
(f) |
Agreement between the United Nations and the Government of the Republic of Côte d’Ivoire concerning the Status of the United Nations Mission in Côte d’Ivoire. Abidjan, 18 September 2003 |
29 |
| |
|
(g) |
Agreement between Liberia and the United Nations concerning the Status of the United Nations Mission in Liberia. Monrovia, 6th November 2003 |
33 |
| |
|
(h) |
Agreement between the United Nations and the Government of the United Mexican States regarding the Arrangements for the High-Level Political Conference for the Purpose of Signing the United Nations Convention Against Corruption. Vienna, 10 November 2003 |
45 |
| |
|
(i) |
Exchange of letters constituting an Agreement between the United Nations and the Government of Democratic Socialist Republic of Sri Lanka regarding the hosting of the Interregional Workshop on “Engaged Governance”. New York, 13 November 2003 and Colombo, 28 November 2003 |
53 |
| |
|
(j) |
Framework Agreement between the United Nations and the Kingdom of Sweden on the Arrangements regarding Privileges and Immunities and certain other matters concerning United Nations Meetings held in Sweden. New York, 19 November 2003 |
56 |
| |
|
(k) |
Agreement between the United Nations and the Government of the People’s Republic of China regarding the Arrangements for the Sixtieth Session of the Commission and the Eighth Session of the Special Body on Pacific Island Developing Countries of the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP). Beijing, 27 November 2003 |
62 |
| |
3. |
Agreements relating to the United Nations Children's Fund |
|
| |
|
|
Basic Cooperation Agreement between the United Nations Children’s Fund and the Government of St. Kitts and Nevis. Basseterre, 22 April 2003 |
68 |
| |
4. |
Agreements relating to the Office of the United Nations High Commissioner for Refugees |
|
| |
|
|
Agreement between the United Nations High Commissioner for Refugees and the Government of the Republic of Tajikistan on Cooperation. Dushanbe, 8 May 2003 |
77 |
| B. |
Treaties concerning the legal status of intergovernmental organizations related to the United Nations |
|
| |
1. |
Status of the Convention on the Privileges and Immunities of the Specialized Agencies. Approved by the General Assembly of the United Nations on 21 November 1947 |
86 |
| |
2. |
Agreements relating to the United Nations Educational, Scientific and Cultural Organization |
|
| |
|
|
Agreement between the Kingdom of the Netherlands and the United Nations Educational, Scientific and Cultural Organization concerning the seat of the UNESCO-IHE Institute for Water Education. Paris, 18 March 2003 |
86 |
| |
3. |
Agreements relating to the World Health Organization |
|
| |
|
(a) |
Agreement between the World Health Organization and Serbia and Montenegro on the status of the Office of the World Health Organization in Serbia and Montenegro. 21 and 25 February 2003 |
93 |
| |
|
(b) |
Basic Agreement between the World Health Organization and the Government of Azerbaijan for the Establishment of Technical Advisory Cooperation Relations. Geneva, 22 August 2003 and 2 September 2003 |
99 |
| |
4. |
Agreements relating to the World Meteorological Organization |
|
| |
|
|
Agreement between the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization and the World Meteorological Organization. Geneva, 27 June 2003 and Vienna, 11 July 2003 |
102 |
| 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 |
|
| |
|
(a) |
Nuclear disarmament and non-proliferation issues |
109 |
| |
|
(b) |
The Biological and Chemical Conventions |
112 |
| |
|
(c) |
Conventional weapons issues |
113 |
| |
|
(d) |
Regional disarmament activities of the United Nations |
115 |
| |
|
(e) |
Terrorism and disarmament |
117 |
| |
|
(f) |
Outer space and disarmament |
118 |
| |
|
(g) |
Human rights, human security and disarmament |
118 |
| |
2. |
Other political and security questions |
|
| |
|
(a) |
Membership of the United Nations |
119 |
| |
|
(b) |
Legal aspects of peaceful uses of outer space |
119 |
| |
|
(c) |
United Nations peacekeepers |
121 |
| |
|
(d) |
Peacekeeping operations and other United Nations missions |
121 |
| |
|
(e) |
Action by Member States authorized by the United Nations Security Council |
127 |
| |
|
(f) |
Security Council Committees |
129 |
| |
3. |
Environmental, economic, social, cultural, human rights, humanitarian and other related questions |
|
| |
|
(a) |
Environmental questions |
131 |
| |
|
(b) |
Economic questions |
136 |
| |
|
(c) |
Social questions |
136 |
| |
|
(d) |
Cultural questions |
138 |
| |
|
(e) |
Human rights and humanitarian questions |
141 |
| |
|
(f) |
International drug control |
160 |
| |
|
(g) |
Crime prevention issues |
161 |
| |
|
(h) |
Ad hoc international criminal tribunals |
164 |
| |
|
(i) |
Safety of United Nations personnel |
165 |
| |
4. |
Law of the Sea |
|
| |
|
(a) |
Status of international instruments |
166 |
| |
|
(b) |
Report of the Secretary-General |
166 |
| |
|
(c) |
Consideration by the General Assembly |
168 |
| |
5. |
International Court of Justice |
|
| |
|
(a) |
Organization of the Court |
169 |
| |
|
(b) |
Jurisdiction of the Court |
170 |
| |
|
(c) |
Contentious cases before the Court |
171 |
| |
|
(d) |
Request for advisory opinion |
207 |
| |
|
(e) |
Pending cases as at 31 December 2003 |
208 |
| |
|
(f) |
Consideration by the General Assembly |
208 |
| |
6. |
International Law Commission |
|
| |
|
(a) |
Fifty-fifth session of the Commission |
209 |
| |
|
(b) |
Consideration by the General Assembly |
211 |
| |
7. |
United Nations Commission on International Trade Law |
|
| |
|
(a) |
Thirty-sixth session of the Commission |
211 |
| |
|
(b) |
Consideration by the General Assembly |
212 |
| |
|
(c) |
UNCITRAL Model Legislative Provisions on Privately Financed Infrastructure Projects |
213 |
| |
8. |
Legal questions dealt with by the Sixth Committee and ad hoc bodies of the General Assembly |
|
| |
|
(a) |
United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law |
238 |
| |
|
(b) |
Convention on jurisdictional immunities of States and their property |
239 |
| |
|
(c) |
Report of the Committee on Relations with the Host Country |
240 |
| |
|
(d) |
International Criminal Court |
240 |
| |
|
(e) |
Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization |
241 |
| |
|
(f) |
Measures to eliminate international terrorism |
243 |
| |
|
(g) |
Scope of legal protection under the Convention on the Safety of United Nations and Associated Personnel |
244 |
| |
|
(h) |
Observer status in the General Assembly for: the International Institute for Democracy and Electoral Assistance, the Eurasian Economic Community, the GUUAM and the East African Community |
246 |
| |
|
(i) |
Administration of justice at the United Nations |
246 |
| |
|
(j) |
Progressive development of principles and norms of international law relating to the new international economic order |
247 |
| |
|
(k) |
International convention against the reproductive cloning of human beings |
247 |
| |
9. |
United Nations Institute for Training and Research |
248 |
| |
|
|
Consideration by the General Assembly |
249 |
| B. |
General review of the legal activities of intergovernmental organizations related to the United Nations |
|
| |
1. |
United Nations Educational, Scientific and Cultural Organization |
|
| |
|
(a) |
Constitutional and procedural questions |
249 |
| |
|
(b) |
International regulations |
249 |
| |
|
(c) |
Examination of cases and questions concerning the exercise of human rights within UNESCO’s fields of competence |
251 |
| |
|
(d) |
Copyright activities |
251 |
| |
2. |
International Civil Aviation Organization |
|
| |
|
(a) |
Conventions and agreements |
253 |
| |
|
(b) |
Other major legal developments |
253 |
| |
3. |
World Health Organization |
|
| |
|
(a) |
Constitutional developments |
254 |
| |
|
(b) |
Other normative developments and activities |
255 |
| |
4. |
International Monetary Fund |
|
| |
|
(a) |
Membership issues |
257 |
| |
|
(b) |
Representation issues |
258 |
| |
|
(c) |
Crisis resolution |
258 |
| |
|
(d) |
Surveillance |
259 |
| |
|
(e) |
Fund facilities |
260 |
| |
|
(f) |
Procedural changes to IMF financial operations |
261 |
| |
5. |
Universal Postal Union |
|
| |
|
|
General review of the legal activities of the Universal Postal Union |
261 |
| |
6. |
World Meteorological Organization |
|
| |
|
|
Cooperation with the United Nations and other organizations |
262 |
| |
7. |
International Maritime Organization |
|
| |
|
(a) |
Membership |
263 |
| |
|
(b) |
Review of legal activities |
263 |
| |
|
(c) |
Amendments to treaties |
269 |
| |
8. |
World Intellectual Property Organization |
|
| |
|
(a) |
Cooperation for development activities |
271 |
| |
|
(b) |
Norm-setting activities |
271 |
| |
|
(c) |
International registration activities |
273 |
| |
|
(d) |
Intellectual property and global issues |
274 |
| |
|
(e) |
New members and new accessions |
275 |
| |
9. |
International Fund for Agricultural Development |
|
| |
|
(a) |
Membership |
276 |
| |
|
(b) |
Cooperation agreements, memoranda of understanding and other agreements |
276 |
| |
|
(c) |
Legal developments |
276 |
| |
10. |
United Nations Industrial Development Organization |
|
| |
|
(a) |
Agreements, memoranda of understanding and joint communiqués with States |
277 |
| |
|
(b) |
Agreements with intergovernmental organizations |
279 |
| |
|
(c) |
Agreements with other entities |
279 |
| |
11. |
International Atomic Energy Agency |
|
| |
|
(a) |
Privileges and immunities |
280 |
| |
|
(b) |
Legal instruments |
280 |
| |
|
(c) |
Legislative assistance activities |
282 |
| |
12. |
World Trade Organization |
|
| |
|
(a) |
Membership |
284 |
| |
|
(b) |
Waivers under article IX of the WTO Agreement |
285 |
| |
|
(c) |
Resolution of trade conflicts under the WTO Dispute Settlement Understanding |
287 |
| |
|
(d) |
Legal activities in the General Council |
302 |
| 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. |
Agreement on International Railways in the Arab Mashreq. Done at Beirut, 14 April 2003 |
309 |
| |
2. |
Protocol on strategic environmental assessment to the Convention on Environmental Impact Assessment in a Transboundary Context. Done at Kiev, 21 May 2003 |
319 |
| |
3. |
Protocol on Pollutant Release and Transfer Registers. Done at Kiev, 21 May 2003 |
335 |
| |
4. |
Protocol on Civil Liability and Compensation for Damage Caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes and to the 1992 Convention on the Transboundary Effects of Industrial Accidents. Done at Kiev, 21 May 2003 |
363 |
| |
5. |
United Nations Convention against Corruption. Done at New York, 31 October 2003 |
379 |
| |
6. |
Protocol on Explosive Remnants of War to the Convention on
Prohibitions or Restrictions on the Use of Certain Conventional
Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (Protocol V). Done at Geneva, 28 November 2003 |
419 |
| B. |
Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations |
|
| |
1. |
International Maritime Organization |
|
| |
|
|
Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992. Done at London, 16 May 2003 |
428 |
| |
2. |
United Nations Educational, Scientific and Cultural Organization |
|
| |
|
|
Convention for the Safeguarding of the Intangible Cultural Heritage 2003. Done at Paris, 17 October 2003 |
441 |
| |
3. |
World Health Organization |
|
| |
|
|
WHO Framework Convention on Tobacco Control. Done at
Geneva, 21 May 2003 |
454 |
| Chapter V. Decisions of Administrative Tribunals of the United Nations and
related intergovernmental organizations |
|
| A. |
Decisions of the United Nations Administrative Tribunal |
|
| |
1. |
Judgment No. 1102 (21 July 2003): Hijaz v. Commissioner-General of the United Nations Relief Works Agency for Palestine Refugees in the Near East |
|
| |
|
|
Terms of employment—Resignation—Abandonment of post—Settlement negotiations |
477 |
| |
2. |
Judgment No. 1103 (21 July 2003): Dilleyta v. Secretary-General of the United Nations |
|
| |
|
|
Discretion of the Secretary-General in disciplinary
cases—Scrutiny of the Tribunal—Effect of a prima facie case—Burden of proof in claiming prejudice |
480 |
| |
3. |
Judgment No. 1113 (24 July 2003): Janssen v. Secretary-General of the United Nations |
|
| |
|
|
Discretion of the Secretary-General in promotion
matters—Nonpromotion—Procedural violations—Equal pay for equal work—Additional compensation for moral injury and delays |
482 |
| |
4. |
Judgment No. 1122 (24 July 2003): Lopes Braga v. Secretary-General of the United Nations |
|
| |
|
|
Non-promotion—Rights of due process—Prejudice and discrimination |
483 |
| |
5. |
Judgment No. 1123 (25 July 2003): Alok v. Secretary-General of the United Nations |
|
| |
|
|
Distinction between poor performance and misconduct—Discretion
of the Secretary-General in disciplinary cases—Proportionality of
sanctions—Due process |
485 |
| |
6. |
Judgment No. 1131 (25 July 2003): Saavedra v. Secretary-General of the International Civil Aviation Organization |
|
| |
|
|
Discretion of the Secretary-General in post-descriptions/promotions—Competence of the Tribunal |
487 |
| |
7. |
Judgment No. 1133 (25 July 2003): West v. Secretary-General of the United Nations |
|
| |
|
|
Role of Tribunal in medical cases—Sick leave credit for injury or illness
incurred while in service—Due process |
488 |
| |
8. |
Judgment No. 1135 (25 July 2003): Sirois v. Secretary-General of the United Nations |
|
| |
|
|
Non-renewal of fixed-term contract—Discretion of the Secretary-General in such matters may be vitiated—Scrutiny of the
Tribunal—Due process—Time limits |
490 |
| |
9. |
Judgment No. 1145 (17 November 2003): Tabari v. Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East |
|
| |
|
|
Jurisdiction of the Tribunal—Receivability—Role of the Joint Appeals
Board and Tribunal |
493 |
| |
10. |
Judgment No. 1151 (17 November 2003): Galindo v. Secretary-General of the United Nations |
|
| |
|
|
Discretion of the Secretary-General in disciplinary cases—Tribunal scrutiny of disciplinary matters— Proportionality of sanctions—Burden of proof in claiming prejudice—Due process |
494 |
| |
11. |
Judgment No. 1156 (19 November 2003): Federchenko v. Secretary-General of the United Nations |
|
| |
|
|
Non-promotion—Discretion of the Secretary-General in promotion matters—Assessment of compensation for procedural violations |
496 |
| |
12. |
Judgment No. 1157 (20 November 2003): Andronov v. Secretary-General of the United Nations |
|
| |
|
|
Definition of “administrative decision” and “implied administrative
decision”—Time limits for filing of applications—Inappropriate
interference by Administration in Applicant’s personal life |
497 |
| |
13. |
Judgment No. 1163 (21 November 2003): Seaforth v. Secretary-General of the United Nations |
|
| |
|
|
Discretion of the Secretary-General in personnel matters—Non-renewal
of fixed-term contract—Nature of 200 Series appointments—
Burden of proof in claiming discrimination or countervailing
circumstances |
500 |
| B. |
Decisions of the Administrative Tribunal of the International Labour Organization |
|
| |
1. |
Judgment No. 2183 (3 February 2003): In re Diaz-Nootenboom v. European Organization for Nuclear Research |
|
| |
|
|
Appointment—Contract of employment—De facto employment
—Social insurance coverage of staff members by Organization |
501 |
| |
2. |
Judgment No. 2185 (3 February 2003): In re Moreno de Gómez (No. 3) v. United Nations Educational, Scientific and Cultural Organization |
|
| |
|
|
Set-off by Organization against Tribunal judgments |
502 |
| |
3. |
Judgment No. 2190 (3 February 2003): In re Zawide v. World Health Organization |
|
| |
|
|
Investigation of on-duty accidents—Compensation for on-duty
accidents—Medical assessment of injured staff member—Waiver of immunity in respect of individual staff member—Reassignment location—Relationship of Organization to national authorities—Relationship of Tribunal to Organization—Intervention in proceedings—Privileges and Immunities |
503 |
| |
4. |
Judgment No. 2193 (3 February 2003): In re Alvarez-Orgaz v. United Nations Educational, Scientific and Cultural Organization |
|
| |
|
|
Definition of “spouse”—Dependency benefits—Rights of
homosexual couples—Human rights—Civil solidarity pacts |
505 |
| |
5. |
Judgment No. 2211 (3 February 2003): In re Müller-Engelmann (Nos. 14 and 15) v. European Patent Organisation |
|
| |
|
|
Abuse of process—Award of costs against Complainant |
507 |
| C. |
Decisions of the World Bank Administrative Tribunal |
|
| |
1. |
Decision No. 304 (12 December 2003): D v. International Finance Corporation |
|
| |
|
|
Misconduct—Investigations—Due process—Proportionality of
sanctions—Scope of review in disciplinary cases— Abuse of position—Engagement in unauthorized business activities—Conflict of interest—Pornography— Administrative leave—Hearsay |
508 |
| |
2. |
Decision No. 306 (12 December 2003): Elder v. International Bank for Reconstruction and Development |
|
| |
|
|
Pensions and pension systems—Pension eligibility
requirements—Non-Regular Staff—Détournement de pouvoir—Validity of general rules—Ex gratia payments and legal obligations on part of Bank |
510 |
| |
3. |
Decision No. 300 (19 July 2003): Kwakwa v. International Finance Corporation |
|
| |
|
|
Misconduct—Abuse of position—Investigations—Due
process—Scope of review in disciplinary cases— Proportionality of sanctions |
511 |
| |
4. |
Decision No. 301 (19 July 2003): Lavelle v. International Bank for Reconstruction and Development |
|
| |
|
|
Pensions and pension systems—Pension eligibility
requirements—Non-Regular Staff—General rules—Differentiation among Bank staff— Parallelism—Fairness and legitimate expectation—Contractual rights—Confidentiality of pleadings |
513 |
| D. |
Decisions of the Administrative Tribunal of the International Monetary Fund |
|
| |
|
Judgment No. 2003–2 (30 September 2003): J v. International Monetary Fund |
|
| |
|
|
Standard of review in disability cases—Fund procedures for
determining whether staff member is disabled—Due process in proceedings concerning eligibility for disability pension—Relationship of Tribunal to Fund’s Staff Retirement Plan Administration Committee—Nature of Administration Committee decisions—Nature of Fund retirement pensions |
514 |
| 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 |
|
| |
Privileges and Immunities [see also: additional legal opinions] |
|
| |
1. |
Special Court for Sierra Leone—Legislative authority for the issuance of laissez-passer—Discretion of the Secretariat—Article VII of the Convention on the Privileges and immunities of the United Nations, 1946—Definition of “official” of the United Nations—General Assembly resolution 76(I) of 7 December 1946—Privileges and Immunities of members of the International Court of Justice—General Assembly resolution 90(I) of 11 December 1946—Independent judicial institution established by bilateral agreement |
519 |
| |
2. |
United Nations Assistance Mission in Afghanistan (UNAMA)—Searches of United Nations vehicles —“Search” of or “interference” with property or an asset of the United Nations—Cooperation with the appropriate authorities—Article II, section 3, and article V, section 21, of the Convention on the Privileges and Immunities of the United Nations, 1946—Mutatis mutandis application of the Convention on the Privileges and Immunities of the Specialized Agencies, 1947—Effects of armed conflict on treaties |
521 |
| |
3. |
Inclusion of dependents in United Nations laissez-passers (UNLP) for United Nations High Commissioner for Refugees (UNHCR) local staff members in case of medical evacuation—United Nations Family Certificate for identification purposes—Guide on the issuance of United Nations travel documents |
524 |
| |
4. |
Status of the Military Armistice Commission in Korea vis-à-vis the United Nations—Privileges and immunities of its members—“Unified Command” and “United Nations Command”—Security Council resolution 84 (1950) of 7 July 1950—Armistice Agreement of 27 July 1950 |
525 |
| |
Procedural and Institutional Issues |
|
| |
5 (a) |
Breach of Article 19 of the Charter of the United Nations—Arrears in payment of a Member State’s financial contributions to the Organization and the right to vote in the General Assembly—Invalid ballots |
526 |
| |
5 (b) |
Breach of Article 19 of the Charter of the United Nations—Error by the Secretariat—Retroactive validation of the election process by applying the last sentence of Article 19 of the Charter of the United Nations— Retroactive suspension of rule 160 of the rules of
procedure of the General Assembly—Prerogative of the General Assembly to make final decision |
527 |
| |
6. |
Regional group system within the United Nations— Conditions for admission to a regional group— Consensus—General Assembly resolution 1192 (XII) of 12 December 1957 |
528 |
| |
7. |
Request by a territory for membership in the World Tourism Organization (WTO)—Sovereignty—Associate membership—Article 6 of the Statutes of the WTO—Required approval and declaration of the member State assuming responsibility for the entity’s external relations—Approval by the WTO General Assembly |
530 |
| |
8. |
Question of representation of a Member State in United Nations organs—Accreditation—Acceptance of credentials and recognition of sovereign government—Rule 39 of the provisional rules of procedure of the Security Council—Rules 27 and 29 of the rules of procedure of the General Assembly—Security Council resolution 1483 (2003) of 22 May 2003—General Assembly resolution 396 (V) of 14 December 1950— Designation of a Permanent Representative to the United Nations in contrast to a Chargé d’Affaires |
531 |
| |
9. |
Application of rule 129 of the rules of procedure of the General Assembly—Voting procedures—Separate votes on parts of resolution—Adoption of resolution by consensus or without a vote—Implied legal question |
533 |
| |
Other Issues Relating to United Nations Peace Operations |
|
| |
10. |
United Nations Organization Mission in the Democratic Republic of the Congo (MONUC)—Cross border operations in the internal waters of another Member State—Delimitation and demarcation of lake boundaries—Territorial limitations of MONUC’s mandate—Consent by the Member State concerned — Authorization by the Security Council to use force within the Member State concerned—Use of force to ensure security and freedom of movement of personnel and to protect civilians under imminent threat of physical violence—Security Council resolutions 1291 (2000) of 24 February 2000 and 1445 (2002) of 4 December 2002—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. Kinshasa, 4 May 2000(Status of Forces Agreement) |
534 |
| |
11. |
United Nations Mission in Ethiopia and Eritrea (UNMEE)—Liability for acts of staff members— Responsibility of staff members to comply with local laws and to honour their private legal obligations (ST/AI/2000/12)—Privileges and immunities of staff members for the performance of official functions—Detention of staff members for criminal offences—Jurisdiction in criminal proceedings over members of United Nations peacekeeping operations—Exclusive jurisdiction of the respective participating States—Articles 42 and 47 of the model Status of Forces Agreement (A/45/594) |
536 |
| |
12. |
United Nations Mission in Liberia (UNMIL)—Authorization by the Security Council to use armed force in situations other than self-defence—Interpretation of Security Council resolution 1509 (2003) of 19 September 2003—Ordinary and natural meaning given to terms when they are read in the context of a resolution as a whole and in light of its object and purpose—History and circumstances of the adoption of a resolution |
538 |
| |
Other Issues Relating to Special Courts and Tribunals |
|
| |
13. |
Special Court for Sierra Leone—Consent for disclosure of confidential documents—Mutatis mutandis application of rule 70 (B) of the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda (ICTR)— Article 14 of the Statute of the Special Court for Sierra Leone |
540 |
| |
14. |
Special Court for Sierra Leone—Cooperation of third States—Powers to enforce compliance by States under Chapter VII of the Charter of the United Nations—Powers of the ad hoc tribunals for the former Yugoslavia and for Rwanda—Bilateral agreements |
541 |
| |
Sanctions |
|
| |
15. |
Paragraph 17 of Security Council resolution 1478 (2003) of 6 May 2003 (measures imposed against Liberia)—Obligation of all States to prevent the import into their territory of certain items originating from Liberia—Date of effect of said obligation—Definition of “import”— Interpretation of a term in its ordinary and natural meaning when read in its context and in light of the object and purpose of the resolution concerned—National legislation |
542 |
| |
Treaty Law |
|
| |
16. |
Functions of the Secretary-General as depositary as distinct from his administrative responsibilities as chief administrative officer of the Organization— ST/SGB/1998/3 (Organization of the Secretariat of the Economic Commission for Europe)—Requests to the Secretary-General, as depositary, by a treaty-based body |
545 |
| |
17(a) |
International Cocoa Agreement, 2001—Commodity Agreements—Treaty-making power of intergovernmental organizations—Shared and exclusive competence of the European Community and its member States—“Mixed agreements”—The European Commission becoming a party to an agreement on behalf of its member States—Distribution of voting rights |
546 |
| |
17(b) |
International Cocoa Agreement, 2001—Internal decision of the Council of the European Union and the role of the depositary—Intention to be bound by a treaty on the international plane—Treaty-making power of intergovernmental organizations—The European Commission becoming a party to an agreement on
behalf of its member States |
550 |
| |
17(c) |
International Cocoa Agreement, 2001—Treaty-making power of intergovernmental organizations—The European Commission becoming a party to an agreement on behalf of its member States—Right to represent another State—Distribution of voting
rights—Provisions of the treaty concerned—Impartiality of the depositary—Full powers |
551 |
| |
Miscellaneous |
|
| |
18. |
The Secretary-General’s participation in events commemorating the Korean War—Establishment of the United Nations Command/Unified Command—Legal arrangements between the United Nations and the United Nations Command—Enforcement operation authorized by the Security Council under national command and control—Armistice Agreement of 27 July 1953—
Security Council resolutions 83 (1950) of 27 June 1950 and 84 (1950) of 7 July 1950—General Assembly resolutions 711 (VII) of 28 August 1953 and 3390 (XXX) of 18 November 1975 |
553 |
| |
19. |
Loss of diplomatic status of foreign Missions vis-à-vis an occupying power—Obligation of an occupying power towards neutral citizens in an occupied territory—Status of United Nations personnel and related agencies in an occupied territory—Right of expulsion for reasons of public order and safety—Security Council resolution
1483 (2003) of 22 May 2003 |
555 |
| |
20. |
General Assembly resolution 55/5 B of 23 December 2000 (scale of assessments for the apportionment of the expenses of the United Nations)—Conversion rates— Committee on Contributions—Rule 160 of the rules of procedure of the General Assembly—Authority to interpret a General Assembly resolution |
556 |
| B. |
Legal opinions of the secretariats of intergovernmental organizations related to the United Nations |
|
| |
United Nations Industrial Development Organization |
|
| |
1. |
Tax exemption on salaries and emoluments of United Nations
Industrial Development Organization officials—Definition of
“officials of the United Nations”—Discrimination based on
nationality or permanent residency—Discrimination between
member States—Rationale of immunity from taxation—The
Conventions on the Privileges and Immunities of the United
Nations and of the Specialized Agencies—Article 27 of the
Vienna Convention on the Law of Treaties, 1969 (Internal law and observance of treaties)—Customary law |
558 |
| |
2. |
Validity of service agreement signed “under protest”—National expert v. national officer |
561 |
| |
3. |
Arbitration clauses in cooperation agreements between organizations of the United Nations system (including related organizations)—Obligations vis-à-vis member States |
561 |
| |
4. |
Independence and reporting of the Legal Advisor of an agency of the United Nations system—Structure and role of the Legal Office—Specialized agencies v. subsidiary organs of the United Nations |
563 |
