Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations |
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1. |
Czech Republic
Texts of relevant provisions of the laws enacted in the Czech Republic in 2005 and relating to the legal status or privileges and immunities of the United Nations, the specialized agencies or the International Atomic Energy Agency |
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(a) |
Act No. 353/2003 to regulate excise taxes, as amended by Act No. 217/2005 amending Act No. 353/2003 to regulate excise taxes as amended, Act No. 265/1991 to regulate the competences of the authorities of the Czech Republic concerning prices as amended |
3 |
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(b) |
Act No. 348/2005 to regulate radio and television licence fees and to amend certain acts |
5 |
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2. |
France
Instruction of the General Tax Directorate |
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Mechanisms for implementing the Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations |
5 |
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3. |
Singapore
International Organizations (Immunities and Privileges) Act (Chapter 145) |
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(a) |
International Organizations (Immunities and Privileges) (World Intellectual Property Organization) Order 2005 |
13 |
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(b) |
International Organizations (Immunities and Privileges) (International Monetary Fund) Order 2005 |
15 |
Chapter II. Treaties concerning the legal status of the United Nations and related intergovernmental organizations |
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A. |
Treaties concerning the legal status of the United Nations |
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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 |
17 |
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2. |
Agreements relating to missions, offices and meetings |
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(a) |
Supplementary arrangement for the exemption of the United Nations Observer Mission in Georgia from payment of air navigation charges and other related charges. Tbilisi, 27 March 2003 and 4 November 2003 |
17 |
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(b) |
Exchange of letters constituting an agreement between the United Nations and the Government of Uzbekistan regarding the hosting of the United Nations Expert Group Meeting on the draft Central Asian Nuclear-Weapon-Free Zone Treaty, to be held in Tashkent from 7 to 9 February 2005. New York, 10 and 11 January 2005 |
19 |
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(c) |
Agreement between Burundi and the United Nations concerning the Status of the United Nations Operation in Burundi. Bujumbura, 17 June 2005 |
23 |
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(d) |
Exchange of letters constituting an agreement between the United Nations and the Government of Uruguay regarding the hosting of three events under the project “Weapons Destruction and Stockpile Management”, to be held in Uruguay from 12 to 16 September 2005. New York, 6 July and 29 August 2005 |
38 |
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(e) |
Agreement between the United Nations and Sierra Leone on the Status of the United Nations Integrated Office in Sierra Leone. Freetown, 22 December 2005 |
42 |
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(f) |
Agreement between the United Nations and the Government of Sudan concerning the Status of the United Nations Mission in Sudan. Khartoum, 28 December 2005 |
44 |
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3. |
Other agreements |
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(a) |
Agreement between the United Nations and the Royal Government of Cambodia concerning the prosecution under Cambodian law of crimes committed during the period of Democratic Kampuchea. Phnom Penh, 6 June 2003 |
60 |
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(b) |
Memorandum of Understanding between the United Nations and the International Criminal Court concerning cooperation between the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) and the International Criminal Court. New York, 8 November 2005 |
71 |
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(c) |
Agreement between the United Nations Organization and the Government of the United States of America concerning the establishment of Security for the United Nations Assistance Mission for Iraq. New York, 8 December 2005 |
91 |
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4. |
International Court of Justice |
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Exchange of notes constituting an agreement between the Kingdom of the Netherlands and the International Court of Justice concerning the status of International Court of Justice trainees in the Netherlands. The Hague, 14 October 2004 |
95 |
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5. |
United Nations Children’s Fund |
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Basic Cooperation Agreement between the United Nations Children’s Fund and the Government of the Republic of Bulgaria. Geneva, 8 November 2004 |
97 |
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6. |
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Office of the United Nations High Commissioner for Refugees |
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(a) |
Agreement between the Office of the United Nations High Commissioner for Refugees and the Government of the Federal Republic of Germany concerning the office of the United Nations High Commissioner for Refugees in Germany. Berlin, 1 July 2005 |
107 |
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(b) |
Agreement between the Office of the United Nations High Commissioner for Refugees and the Government of the Democratic Socialist Republic of Sri Lanka. Colombo, 7 December 2005 |
110 |
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7. |
Office of the United Nations High Commissioner for Human Rights |
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Agreement between the United Nations High Commissioner for Human Rights and the Government of the Kingdom of Nepal concerning the establishment of an Office in Nepal. Geneva and Kathmandu, 8 and 10 April 2005 |
118 |
B. |
Treaties concerning the legal status of intergovernmental organizations related to the United Nations |
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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 |
128 |
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2. |
International Labour Organization |
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Provisional Agreement between the Government of the Federal Democratic Republic of Ethiopia and the International Labour Organization concerning the Regional Office of the Organization in Addis Ababa |
128 |
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3. |
United Nations Food and Agriculture Organization |
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(a) |
Agreements based on the standard “Memorandum of Responsibilities” in respect of Food and Agriculture Organization sessions |
131 |
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(b) |
Agreements based on the standard “Memorandum of Responsibilities” in respect of seminars, workshops, training courses and other meetings |
131 |
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4. |
United Nations Educational, Scientific and Cultural Organization |
131 |
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5. |
International Bank for Reconstruction and Development |
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Agreement between the Kingdom of Belgium and the International Bank for Reconstruction and Development on the establishment of a Liaison Office of this Organization in Belgium. Brussels, 26 April 1999 |
132 |
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6. |
World Health Organization |
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Basic Agreement between the World Health Organization and the Ministry of Health on behalf of the Government of Albania for the establishment of technical advisory cooperation relations. 6 September 2005 |
135 |
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7. |
United Nations Industrial Development Organization |
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(a) |
Memorandum of Understanding between the United Nations Industrial Development Organization and the Istanbul Chamber of Commerce (ICOC), Turkey. 3 February 2005 |
138 |
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(b) |
Rental Agreement between the United Nations Industrial Development Organization and the Bahrain Development Bank (BSC). 10 May 2005 |
138 |
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(c) |
Letter of Agreement between the United Nations Industrial Development Organization and the International Maritime Organization. 6 and 26 September 2005 |
139 |
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(d) |
Memorandum of Understanding between the United Nations Industrial Development Organization and the General Secretariat of the Organization of American States (GS/OAS). 18 October 2005 |
139 |
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. |
Membership of the United Nations |
143 |
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2. |
The World Summit |
143 |
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(a) |
Values and principles |
144 |
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(b) |
Development |
144 |
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(c) |
Other peacekeeping matters |
144 |
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(d) |
Human rights and the rule of law |
146 |
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(e) |
Strengthening the United Nations |
147 |
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3. |
Peace and security |
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(a) |
Peacekeeping missions and operations |
149 |
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(b) |
Political and peacebuilding missions |
155 |
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(c) |
Other peacekeeping matters |
159 |
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(d) |
Action of Member States authorized by the Security Council |
163 |
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(e) |
Sanctions imposed under Chapter VII of the Charter of the United Nations |
165 |
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(f) |
Terrorism |
171 |
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4. |
Disarmament and related matters |
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(a) |
Nuclear disarmament and non-proliferation issues |
174 |
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(b) |
Biological and chemical weapons issues |
177 |
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(c) |
Conventional weapons issues |
178 |
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(d) |
Regional disarmament activities of the United Nations |
181 |
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(e) |
Other issues |
183 |
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5. |
Legal aspects of peaceful uses of outer space |
185 |
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6. |
Human Rights |
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(a) |
Sessions of the United Nations human rights bodies and treaty bodies |
188 |
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(b) |
Racism, racial discrimination, xenophobia and related intolerance |
191 |
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(c) |
Right to development |
192 |
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(d) |
Economic, social and cultural rights |
192 |
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(e) |
Civil and political rights |
193 |
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(f) |
Rights of the child |
195 |
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(g) |
Persons with disabilities |
196 |
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(h) |
Migrants workers |
197 |
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(i) |
Minorities |
198 |
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(j) |
Right to self-determination |
198 |
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(k) |
Counter-terrorism and human rights |
198 |
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(l) |
International cooperation in the field of human rights |
199 |
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(m) |
Miscellaneous |
200 |
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7. |
Women |
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(a) |
Commission on the Status of Women |
201 |
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(b) |
Economic and Social Council |
201 |
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(c) |
General Assembly |
202 |
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8. |
Humanitarian matters |
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(a) |
Economic and Social Council |
203 |
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(b) |
General Assembly |
204 |
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9. |
Environment |
205 |
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10. |
Law of the Sea |
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(a) |
Reports of the Secretary-General |
206 |
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(b) |
General Assembly |
208 |
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11. |
Crime prevention and criminal justice |
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(a) |
International instruments |
209 |
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(b) |
Commission on Crime Prevention and Criminal Justice |
209 |
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(c) |
Eleventh United Nations Congress for Crime Prevention and Criminal Justice |
210 |
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(d) |
Economic and Social Council |
211 |
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(e) |
General Assembly |
212 |
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12. |
International drug control |
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(a) |
Commission on Narcotic Drugs |
213 |
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(b) |
Economic and Social Council |
214 |
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(c) |
General Assembly |
215 |
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13. |
Refugees and displaced persons |
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(a) |
Executive Committee of the Programme of the United Nations High Commissioner for Refugees |
215 |
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(b) |
Commission on Human Rights |
217 |
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(c) |
General Assembly |
218 |
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14. |
International Court of Justice |
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(a) |
Organization of the Court |
219 |
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(b) |
Jurisdiction of the Court |
220 |
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(c) |
Amendments to the Rules of Court |
222 |
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(d) |
General Assembly |
222 |
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15. |
International Law Commission |
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(a) |
Membership of the Commission |
222 |
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(b) |
Fifty-seventh session of the Commission |
223 |
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(c) |
Sixth Committee |
225 |
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(d) |
General Assembly |
231 |
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16. |
United Nations Commission on International Trade Law |
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(a) |
United Nations Commission on International Trade Law |
232 |
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(b) |
Sixth Committee |
234 |
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(c) |
General Assembly |
235 |
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17. |
Legal questions dealt with by the Sixth Committee and other related subsidiary bodies of the General Assembly |
235 |
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(a) |
United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider appreciation of International Law |
236 |
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(b) |
Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization |
237 |
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(c) |
Scope of legal protection under the Convention on Safety of United Nations and Associated Personnel |
239 |
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(d) |
Measures to eliminate international terrorism |
241 |
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(e) |
Report of the Committee on Relations with the Host Country |
244 |
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(f) |
Observer status in the General Assembly |
246 |
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18. |
Ad hoc international criminal tribunals |
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(a) |
Organization of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) |
246 |
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(b) |
General Assembly |
248 |
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(c) |
Security Council |
249 |
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(d) |
Amendments to the Rules of Procedure and Evidence of the International Criminal Tribunal for the former Yugoslavia |
249 |
B. |
General review of the legal activities of intergovernmental organizations related to the United Nations |
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1. |
Universal Postal Union |
260 |
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2. |
International Labour Organization |
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(a) |
Membership |
261 |
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(b) |
Resolutions and recommendations adopted by the International Labour Conference during its 93rd session |
261 |
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(c) |
Report of the Tripartite Meeting of Experts for the development of the Joint ILO/World Health Organization Guidelines |
262 |
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3. |
International Civil Aviation Organization |
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(a) |
Membership |
262 |
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(b) |
Conventions and agreements |
262 |
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(c) |
Major legal developments |
263 |
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4. |
Food and Agriculture Organization of the United Nations |
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(a) |
Constitutional and general legal matters |
265 |
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(b) |
Legislative matters |
266 |
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5. |
United Nations Educational, Scientific and Cultural Organization |
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(a) |
Constitutional and procedural questions |
270 |
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(b) |
International regulations |
270 |
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(c) |
Human rights |
271 |
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(d) |
Copyright activities |
272 |
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6. |
International Maritime Organization |
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(a) |
Membership |
273 |
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(b) |
Review of legal activities |
274 |
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7. |
World Health Organization |
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(a) |
Constitutional developments |
280 |
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(b) |
Other normative developments and activities |
281 |
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8. |
International Atomic Energy Agency |
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(a) |
Membership |
283 |
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(b) |
Privileges and immunities |
283 |
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(c) |
Legal instruments |
284 |
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(d) |
Legislative assistance activities |
286 |
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9. |
United Nations Industrial Development Organization |
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(a) |
Agreements with States |
290 |
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(b) |
Agreements within the United Nations system |
292 |
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(c) |
Agreements with intergovernmental organizations |
294 |
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(d) |
Agreements with other entities |
294 |
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10. |
World Intellectual Property Organization |
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(a) |
Introduction |
296 |
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(b) |
Cooperation for development activities |
296 |
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(c) |
Norm-setting activities |
296 |
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(d) |
International registration activities |
298 |
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(e) |
Intellectual property and global issues |
299 |
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11. |
International Fund for Agricultural Development |
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(a) |
Membership |
301 |
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(b) |
Legal developments and other |
301 |
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12. |
World Trade Organization |
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(a) |
Membership |
302 |
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(b) |
Amendment to the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS agreement) |
302 |
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(c) |
Dispute settlement |
302 |
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 and related intergovernmental organizations |
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|
1. |
International Convention for the Suppression of Acts of Nuclear Terrorism. New York, 13 April 2005 |
305 |
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2. |
Memorandum of Understanding on Maritime Transport Cooperation in the Arab Mashreq. Damascus, 9 May 2005 |
317 |
|
3. |
United Nations Convention on the Use of Electronic Communications in International Contracts. New York, 23 November 2005 |
325 |
|
4. |
Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel. New York, 8 December 2005 |
334 |
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 |
336 |
|
1. |
International Convention Against Doping in Sport. Paris, 19 October 2005 |
336 |
|
2. |
Convention on the Protection and Promotion of the Diversity of Cultural Expressions. Paris, 20 October 2005 |
361 |
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. 1231 (22 July 2005): Applicant v. the Secretary-General of the United Nations |
377 |
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2. |
Judgement No. 1234 (22 July 2005): Applicant v. the Secretary-General of the United Nations |
379 |
|
3. |
Judgement No. 1236 (22 July 2005): Applicant v. the Secretary-General of the International Maritime Organization |
381 |
|
4. |
Judgement No. 1239 (22 July 2005): Applicant v. the Secretary-General of
the United Nations |
383 |
|
5. |
Judgement No. 1242 (22 July 2005): Applicant v. the Secretary-General of the United Nations |
384 |
|
6. |
Judgement No. 1244 (22 July 2005): Applicant v. the Secretary-General of the United Nations |
387 |
|
7. |
Judgement No. 1246 (22 July 2005): Applicant v. the Secretary-General of the United Nations |
389 |
|
8. |
Judgement No. 1249 (22 July 2005): Applicant v. the Secretary-General of
the United Nations |
391 |
|
9. |
Judgement No. 1253 (22 July 2005): Applicant v. the United Nations Joint
Staff Pension Board (UNJSPB) |
393 |
|
10. |
Judgement No. 1268 (23 November 2005): Applicant v. the Secretary-General of the United Nations |
394 |
|
11. |
Judgement No. 1273 (23 November 2005): Applicant v. the Secretary-General of the United Nations |
397 |
|
12. |
Judgement No. 1276 (23 November 2005): Applicant et al v. the Secretary-General of the United Nations |
399 |
|
13. |
Judgement No. 1281 (23 November 2005): Applicant v. the Secretary-General of the United Nations |
401 |
B. |
Decisions of the Administrative Tribunal of the International Labour Organization |
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|
1. |
Judgment No. 2389 (2 February 2005): B. H. v. Universal Postal Union |
404 |
|
2. |
Judgment No. 2392 (2 February 2005): H. J. T. v. International Fund for Agricultural Development |
406 |
|
3. |
Judgment No. 2396 (2 February 2005): re T. B. v. Universal Postal Union |
408 |
|
4. |
Judgment No. 2408 (2 February 2005): re E. C. v. Organisation for the Prohibition of Chemical Weapons |
411 |
|
5. |
Judgment No. 2459 (6 July 2005): F. C., M. F. G. and M. E. V.-C. v. United Nations Educational, Scientific and Cultural Organization |
413 |
|
6. |
Judgment No. 2468 (6 July 2005): B. Q. v. International Labour Organization |
415 |
|
7. |
Judgment No. 2470 (6 July 2005): M. I. v. Food and Agriculture Organization of the United Nations |
418 |
C. |
Decisions of the World Bank Administrative Tribunal |
|
|
1. |
Decision No. 330 (13 May 2005): Rodriguez-Sawyer v. International Bank for Reconstruction and Development |
420 |
|
2. |
Decision No. 338 (4 November 2005): Prasad v. International Bank for Reconstruction and Development |
423 |
|
3. |
Decision No. 340 (4 November 2005): G. v. International Bank for Reconstruction and Development |
426 |
|
4. |
Decision No. 343 (4 November 2005): I. v. International Bank for Reconstruction and Development |
428 |
D. |
Decisions of the Administrative Tribunal of the International Monetary Fund |
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|
|
Judgment No. 2005–1 (18 March 2005): F., Applicant v. International Monetary Fund, Respondent |
431 |
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 |
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|
1. |
Privileges and immunities [see also: additional legal opinions] |
|
|
|
(a) |
Electronic mail addressed to the Department of Management, United Nations, regarding diplomatic immunity with regard to a “When Actually Employed” contract at the level of Assistant Secretary-General |
435 |
|
|
(b) |
Interoffice memorandum to the Assistant Secretary-General, Central Support Services, United Nations, regarding immunity from search for holders of red United Nations Laissez-Passer |
436 |
|
|
(c) |
Note verbale to the Permanent Representative of a Member State regarding the imposition of a road toll tax on the United Nations High Commissioner for Refugees |
437 |
|
|
(d) |
Draft note verbale for the United Nations Development Programme to be addressed to the Ministry of Foreign Affairs of a Member State in respect of a national law requiring mandatory contribution to the national health scheme |
439 |
|
|
(e) |
Facsimile to the Representative of the Secretary-General of a United Nations Office, regarding the issuance of diplomatic cards to United Nations officials by the Host Country |
441 |
|
|
(f) |
Interoffice memorandum to the Director of the Investment Management Service of the United Nations Joint Staff Pension Fund regarding the Fund’s tax exempt status in certain States |
442 |
|
|
(g) |
Letter to the Ambassador and Deputy Permanent Representative to the Permanent Mission of [Member State] to the United Nations |
443 |
|
|
(h) |
Interoffice memorandum to the Director of the Investment Management Service of the United Nations Joint Staff Pension Fund regarding tax exemption in a Member State |
444 |
|
|
(i) |
Note verbale to the Permanent Representative of a Member State to the United Nations regarding the intention of its Government to tax United Nations officials serving in the country |
445 |
|
2. |
Procedural and institutional issues |
|
|
|
(a) |
Interoffice memorandum to the Deputy Director of the Security Council Affairs Division, United Nations, regarding the circulation of documents in all official languages |
447 |
|
|
(b) |
Interoffice memorandum to the Legal Adviser of the United Nations Conference on Trade and Development regarding the provision of premises and secretariat functions by the Conference to two nongovernmental organizations |
450 |
|
|
(c) |
Letter to the Chairperson of the Commission on Human Rights concerning the accreditation and participation of non-governmental organization representatives who are subject to requests for arrest or detention by Interpol in the work of the Commission on Human Rights |
455 |
|
|
(d) |
Note to the President of the General Assembly regarding voting procedures on a resolution related to the equitable representation on and increase in the membership of the Security Council |
457 |
|
|
(e) |
Note to the Assistant Secretary-General for Policy Coordination and Strategic Planning, United Nations, on voting in the General Assembly |
458 |
|
|
(f) |
Letter to the Permanent Representative of a Member State to the United Nations regarding credentials and composition of delegations for the sessions of the General Assembly |
460 |
|
3. |
Other issues relating to United Nations peace operations |
|
|
|
(a) |
Note to the Assistant Secretary-General, Office of Operations of the Department of Peacekeeping Operations, United Nations, regarding the treaty-making capacity of the United Nations Interim Administration Mission in Kosovo |
461 |
|
|
(b) |
Interoffice memorandum to the Director, Africa Division of the Department of Peacekeeping Operations, regarding the use and occupancy of the Mobil Compound by the United Nations Mission in Liberia |
462 |
|
4. |
Treaty law |
|
|
|
|
Note on the notification of withdrawal by the [Member State] from the Optional Protocol to the Vienna Convention on Consular Relations concerning the Compulsory Settlement of Disputes, 1963 |
465 |
|
5. |
Personnel questions |
|
|
|
(a) |
Interoffice memorandum to the Office of Human Resources Policy Services, United Nations, regarding permanent resident status in a country other than the United States |
468 |
|
|
(b) |
Interoffice memorandum to the Assistant Secretary-General, Human Resources Management, Department of Management, United Nations, on the retroactivity of payments under the proposed new mobility and hardship scheme |
471 |
|
6. |
|
Miscellaneous |
|
|
|
(a) |
Note to the Special Representative of the Secretary-General for a Member State, regarding the Secretary-General’s legal power to offer his good offices in the process of demarcation of the border between two Member States |
477 |
|
|
(b) |
Annex to the letter dated 25 August 2005 from the Legal Counsel, Under-Secretary-General of the United Nations for Legal Affairs, addressed to the Chairman of the Commission on the Limits of the Continental Shelf |
479 |
B. |
Legal opinions of the secretariats of intergovernmental organizations related to the United Nations |
|
|
1. |
International Labour Organization |
|
|
|
(a) |
Provisional record No. 18, ninety-third session, fourth item on the agenda: Occupational safety and health, Report of the Committee on Safety and Health |
489 |
|
|
(b) |
Provisional record No. 18, ninety-third session, fourth item on the agenda: Occupational safety and health, Report of the Committee on Safety and Health |
489 |
|
|
(c) |
Provisional record No. 18, ninety-third session, fourth item on the agenda: Occupational safety and health. Report of the Committee on Safety and Health |
490 |
|
|
(d) |
Provisional record No. 19, ninety-third session, fifth item on the agenda: Work in the fishing sector (second discussion). Report of the Committee on the Fishing Sector |
490 |
|
|
(e) |
Provisional record No. 19, ninety-third session, fifth item on the agenda: Work in the fishing sector (second discussion). Report of the Committee on the Fishing Sector |
491 |
|
2. |
United Nations Industrial Development Organization |
492 |
|
|
(a) |
Interoffice memorandum re: Tax exempt status of the United Nations Industrial Development Organization in a State |
492 |
|
|
(b) |
Letter re: Possible amendments to the Statute and Rules of the Administrative Tribunal of the International Labour Organization |
494 |
|
|
(c) |
Internal e-mail message re: Scope of decision-making authority of a Director-General elect |
496 |
|
|
(d) |
Internal e-mail message regarding correction of an error in the text of an exchange of letters of [2005] |
498 |
|
|
(e) |
Note verbale to the Permanent Mission of [member State] relating to United Nations Industrial Development Organization officials’ tax exemption on salaries and emoluments |
499 |
|
|
(f) |
Note verbale to the Federal Ministry of Foreign Affairs of [member State] relating to United Nations Industrial Development Organization officials’ customs privileges |
501 |