Codification Division Publications: United Nations Juridical Yearbook Codification Division Publications: United Nations Juridical Yearbook

2015

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Part One. Legal status of the United Nations and related intergovernmental organizations

Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations View PDF file
Chapter II. Treaties concerning the legal status of the United Nations and related intergovernmental organizations View PDF file
A. Treaties concerning the legal status of the United Nations 5
  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 5
    (a) Agreement between the United Nations and the Government of the Republic of Liberia on the Status of the United Nations Mission for Ebola Emergency Response 5
    (b) Agreement between the United Nations and Burundi concerning the status of the United Nations Electoral Observation Mission in Burundi (MENUB) 22
    (c) Protocol of Amendment of the text of the Agreement between the United Nations and the Government of the Federal Republic of Somalia concerning the status of the United Nations Assistance Mission in Somalia Mogadishu, 23 May 2015 33
    (d) Agreement between the Government of Hungary and the United Nations Children’s Fund about the establishment of the United Nations Children’s Fund Global Shared Services Centre 37
    (e) Technical Agreement between the United Nations, represented by the Department of Peacekeeping Operations, and the Minister of Defence of the French Republic concerning operational support to the United Nations Operation in Côte d’Ivoire (UNOCI) by the French forces in Côte d’Ivoire within the framework of Security Council Resolution 2226 (2015) 46
    (f) Supplementary Arrangement concerning the implementation of the United Nations Security Council Resolution 2235 (2015) between the United Nations and the Organization for the Prohibition of Chemical Weapons 49
    (g) Exchange of letters constituting an agreement between the United Nations and the Government of the Republic of Tunisia regarding the urgent temporary relocation of UNSMIL from Libya to Tunisia 53
    (h) Agreement between the United Nations and the Syrian Arab Republic concerning the status of the United Nations Joint Investigative Mechanism established by Security Council Resolution 2235 (2015) 57
  3. Other agreements 66
      Exchange of letters between the United Nations and Cambodia concerning the loan of certain maps by the United Nations to the Royal Government of Cambodia 66
B. Treaties concerning the legal status of intergovernmental organizations related to the United Nations 70
  1. Convention on the Privileges and Immunities of the Specialized Agencies 70
  2. International Labour Organization 70
  3. Food and Agriculture Organization 71
    (a) Agreements regarding the establishment of FAO Representations and Offices 71
    (b) Agreements for hosting meetings of FAO Bodies 71
    (c) Agreements concerning FAO technical assistance activities 71
    (d) Resource mobilization and collaboration with other entities 71
    (e) The Participation Contract of Expo Milano 2015 72
  4. United Nations Educational, Scientific and Cultural Organization 73
  5. International Fund for Agricultural Development 73
  6. United Nations Industrial Development Organization 73
    (a) Letter of agreement between the United Nations Industrial Development Organization and the Republic of Chad regarding the implementation of a project in Chad entitled “Project on building the commercial capacity of the Chadian gum arabic industry”, signed on 2 and 14 April 2015 73
    (b) Exchange of letters amending the basic cooperation agreement of 24 April 1989 between the United Nations Industrial Development Organization and the Government of the Republic of Cameroon, signed on 9 June and 6 July 2015 74
    (c) Agreement between the United Nations Industrial Development Organization and the Swiss Agency for Development and Cooperation (SDC) regarding the implementation of a project entitled “Eastern azir: Support for enhancing the competitiveness of the rosemary value chain in the Oriental region”, signed on 28 August 2015 74
    (d) Trust Fund Agreement between the United Nations Industrial Development Organization and the Ministry of Industry of the Republic of Sudan regarding the implementation of a project in Sudan entitled “Inclusive and sustainable industrial investment forum in the Republic of Sudan”, signed on 1 November 2015 75
    (e) Delegation agreement between the United Nations Industrial Development Organization and the European Union regarding the implementation of a project entitled “Mitigating Toxic Health Exposures in Low- and Middle-Income Countries: Global Alliance on Health and Pollution”, signed on 16 and 22 December 2015 75
  7. Organization for the Prohibition of Chemical Weapons 76
  8. International Criminal Court 76
      Agreement on the Privileges and Immunities of the International Criminal Court 76

Part Two. Legal activities of the United Nations and related intergovernmental organizations

Chapter III. General review of the legal activities of the United Nations and related intergovernmental organizations View PDF file
A. General review of the legal activities of the United Nations 79
  2. Peace and Security 79
    (a) Peacekeeping missions and operations 79
    (b) Political and peacebuilding missions 85
    (c) Other bodies 91
    (d) Missions of the Security Council 93
    (e) Action of Member States authorized by the Security Council 94
    (f) Sanctions imposed under Chapter VII of the Charter of the United Nations 96
    (g) Terrorism 104
    (h) Humanitarian law and human rights in the context of peace and security 107
    (i) Comprehensive assessment of United Nations peace operations 110
    (j) Review of the Peacebuilding Architecture 110
    (k) Piracy 111
    (l) Migrant smuggling and human trafficking 111
  3. Disarmament and related matters 112
    (a) Disarmament machinery 112
    (b) Nuclear disarmament and non-proliferation issues 113
    (c) Biological and chemical weapons issues 116
    (d) Conventional weapons issues 118
    (e) Regional disarmament activities of the United Nations 120
    (f) Outer space (disarmament aspects) 122
    (g) Other disarmament measures and international security 123
  4. Legal aspects of peaceful uses of outer space 123
    (a) Legal Subcommittee on the Peaceful Uses of Outer Space 123
    (b) General Assembly 125
  5. Human rights 126
    (a) Sessions of the United Nations human rights bodies and treaty bodies 126
    (b) Racism, racial discrimination, xenophobia and related intolerance 130
    (c) Right to development and poverty reduction 132
    (d) Right of peoples to self-determination 133
    (e) Economic, social and cultural rights 134
    (f) Civil and political rights 137
    (g) Rights of the child 144
    (h) Migrants 145
    (i) Internally displaced persons 146
    (j) Minorities 146
    (k) Indigenous issues 147
    (l) Terrorism and human rights 148
    (m) Persons with disabilities 149
    (n) Contemporary forms of slavery 150
    (o) Environment and human rights 150
    (p) Business and human rights 151
    (q) Promotion and protection of human rights 152
    (r) Miscellaneous 155
  6. Women 156
    (a) United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) 156
    (b) Commission on the Status of Women 157
    (c) Economic and Social Council 157
    (d) General Assembly 158
    (e) Security Council 158
  7. Humanitarian matters 158
    (a) Third United Nations World Conference on Disaster Risk Reduction 158
    (b) Economic and Social Council 159
    (c) General Assembly 159
  8. Environment 159
    (a) United Nations Climate Change Conference in Paris 159
    (b) Economic and Social Council 160
    (c) General Assembly 161
  9. Law of the Sea 162
    (a) Report of the Secretary-General 162
    (b) Meeting of States Parties to the United Nations Convention on the Law of the Sea 163
    (c) General Assembly 163
  10. Crime prevention and criminal justice 164
    (a) United Nations Congress on Crime Prevention and Criminal Justice 164
    (b) Conference of the States Parties to the United Nations Convention against Corruption 164
    (c) Commission on Crime Prevention and Criminal Justice 165
    (d) Economic and Social Council 165
    (e) General Assembly 166
  11. International drug control 166
    (a) Commission on Narcotic Drugs 166
    (b) Economic and Social Council 167
    (c) General Assembly 167
  12. Refugees and displaced persons 167
    (a) Executive Committee of the Programme of the United Nations High Commissioner for Refugees 167
    (b) General Assembly 167
  13. International Court of Justice 168
    (a) Organization of the Court 168
    (b) Jurisdiction of the Court 169
    (c) General Assembly 169
  14. International Law Commission 169
    (a) Membership of the Commission 169
    (b) Sixty-seventh session of the International Law Commission 170
    (c) Sixth Committee 172
    (d) General Assembly 173
  15. United Nations Commission on International Trade Law 173
    (a) Forty-eighth session of the Commission 173
    (b) General Assembly 175
  16. Legal questions dealt with by the Sixth Committee and other related subsidiary bodies of the General Assembly 176
    (a) Criminal accountability of United Nations officials and experts on mission 176
    (b) United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law 178
    (c) Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization 179
    (d) The rule of law at the national and international levels 180
    (e) The scope and application of the principle of universal jurisdiction 181
    (f) Measures to eliminate international terrorism 182
    (g) Revitalization of the work of the General Assembly 183
    (h) Administration of justice at the United Nations 184
    (i) Report of the Committee on Relations with the Host Country 186
    (j) Observer status in the General Assembly 186
  17. Ad hoc international criminal tribunals 187
    (a) Organization of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda 187
    (b) General Assembly 190
    (c) Security Council 190
B. General review of the legal activities of intergovernmental organizations related to the United Nations 191
  1. International Labour Organization 191
    (a) Entry into force of the 1997 amendment to the ILO Constitution. 191
    (b) Resolution concerning the application by the Cook Islands for admission to membership of the International Labour Organization. 191
    (c) Recommendation and other resolutions adopted by the International Labour Conference during its 104th Session (Geneva, June 2015) 192
    (d) Approval of the terms of reference of the Standard Review Mechanism Tripartite Working Group 194
    (e) Guidance documents submitted to the Governing Body of the International Labour Office 194
    (f) Legal advisory services and training 194
    (g) Committee on Freedom of Association 195
    (h) Representations submitted under article 24 of the ILO Constitution and complaints made under article 26 of the ILO Constitution 196
  2. Food and Agriculture Organization of the United Nations 196
    (a) Membership 196
    (b) Constitutional and general legal matters 196
    (c) Activities in respect of multilateral treaties 202
    (d) Legislative matters 202
  3. United Nations Educational, Scientific and Cultural Organization 204
    (a) International regulations 204
    (b) Human rights 205
  4. World Health Organization 206
    (a) Constitutional developments 206
    (b) Other normative developments and activities 206
  5. International Monetary Fund 208
    (a) Membership issues 208
    (b) Key policy decisions of the IMF 209
  6. International Civil Aviation Organization 215
    (a) Depositary actions in relation to multilateral air law instruments. 215
    (b) Activities of ICAO in the legal field 215
  7. International Maritime Organization 218
    (a) Membership 218
    (b) Review of the legal activities 218
    (c) Adoption of amendments to conventions and protocols 222
  8. Universal Postal Union 223
  9. World Meteorological Organization 224
    (a) Membership 224
    (b) Agreements and other arrangements concluded in 2015 224
  10. The World Intellectual Property Organization 225
    (a) Service 225
    (b) Law 227
    (c) Development 230
    (d) Reference 232
  11. International Fund for Agricultural Development 233
    (a) Membership 233
    (b) Tenth replenishment of IFAD’s resources 233
    (c) Establishment of an Ad hoc Working Group on governance issues 233
    (d) Policy for grant financing 234
    (e) Sovereign borrowing framework 234
    (f) Supplementary fund contribution from the Bill & Melinda Gates Foundation 234
    (g) Republic of Zimbabwe: proposal for debt rescheduling and arrears settlement 235
    (h) Partnership agreements and memoranda of understanding 235
  12. United Nations Industrial Development Organization 236
    (a) Constitutional matters 236
    (b) Agreements and other arrangements concluded in 2015 236
  13. Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization 236
    (a) Membership 236
    (b) Legal status, privileges and immunities and international agreements 236
    (c) Legislative Assistance Activities 237
  14. International Atomic Energy Agency 237
    (a) Membership 237
    (b) Multilateral treaties under IAEA auspices 238
    (c) Safeguards agreements 240
    (d) Revised supplementary agreements (RSA) concerning the provision of technical assistance by the IAEA 241
    (e) Other treaties to which IAEA is a party 241
    (f) IAEA legislative assistance activities 241
    (g) Conventions 242
    (h) Civil liability for nuclear damage 243
  15. Organization for the Prohibition of Chemical Weapons 243
    (a) Membership 243
    (b) Legal status, privileges and immunities and international agreements 244
    (c) Legislative assistance activities 244
  16. World Trade Organization 245
    (a) Membership 245
    (b) Dispute settlement 247
    (c) Acceptances of the protocols amending the agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Government Procurement Agreement (GPA) 249
    (d) Protocol Amending the Marrakesh Agreement establishing the World Trade Organization 249
    (e) Tenth WTO Ministerial Conference, Nairobi, 2015 249
  17. International Criminal Court 250
    (a) Rome Statute 250
    (b) Amendment to the Rome Statute 250
    (c) Ratification/acceptance of the 2010 amendments to the Rome Statute 250
    (d) Relationship Agreement between the ICC and the United Nations 250
Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations View PDF file
A. Treaties concerning international law concluded under the auspices of the United Nations 253
B. Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations 253
  1. World International Property Organization 253
  2. International Criminal Court 253
Chapter V. Decisions of the administrative tribunals of the United Nations and related intergovernmental organizations View PDF file
A. United Nations Dispute Tribunal 255
  1. Judgment No. UNDT/2015/048 (11 June 2015): Maiga v. Secretary-General of the United Nations  
      Non-promotion—Retaliation against a whistle-blower—Interview panel materially tainted—Duties of counsel—Counsel as officer of the court—Counsel to contribute to the fair administration of justice and the promotion of the Rule of Law 256
  2. Judgment No. UNDT/2015/066 (24 July 2015): Laca Diaz v. Secretary-General of the United Nations  
      Compensation for permanent loss of function as a result of service-incurred injury—Compensation to be based on pensionable remuneration scales in effect on the date of maximum medical improvement, rather than date of injury—Duty of counsel to file precise pleadings and annexes 257
  3. Judgment No. UNDT/2015/089 (24 September 2015): Al Abani v. Secretary-General of the United Nations  
      Determination of personal status by reference to the laws of the country in which the status was established—Non-retroactivity of dependency benefits—Right to enter into marriage to be distinguished from its recognition by the Organization 258
  4. Judgment No. UNDT/2015/110 (11 November 2015): Nguyen-Kropp and Postica v. Secretary-General of the United Nations  
      Decision of the Ethics Office on retaliation claims constitutes de facto final decision of the Organization—Independence of Ethics Office—Ethics Office decisions not final administrative decisions according to Appeals Tribunal—Binding force of Appeals Tribunal decisions—Reference to the Secretary-General for further consideration—Retaliation policy should clearly state that Ethics Office determinations are not subject to judicial review 259
  5. Judgment No. UNDT/2015/116 (17 December 2015): Sutherland, Reid, Marcussen Goy, Jarvis, Baig, Edgerton and Nicholls v. Secretary-General of the United Nations  
      Non-conversion of fixed appointment into permanent appointments—Distinction between eligibility and suitability for permanent appointment—Interest of the Organization an ancillary consideration in suitability determination—Retroactive conversion decisions not to take into account new circumstances—No meaningful individual consideration—Limitation of service of fixed term appointment no obstacle to permanent appointments—Finite mandate cannot be the exclusive ground for non-conversion decisions—Amendments to Tribunal Statutes apply from the moment of their publication, rather than their adoption by the General Assembly—Moral damages 260
  6. Judgment No. UNDT/2015/120 (22 December 2015): Nyekan v. Secretary-General of the United Nations  
      Disciplinary measures—Conduct of investigations—Second investigation of claims found to be unsubstantiated constitutes improper exercise of discretion—Egregious procedural irregularities tainting disciplinary process 262
  7. Judgment No. UNDT/2015/124 (31 December 2015): Lemonnier v. Secretary-General of the United Nations  
      Receivability—Deadlines for filing requests for management evaluation and applications to Tribunal—Multiple re-filings as manifest abuse of proceedings—Presumption that counsel acts on instruction of applicant—Costs 263
  8. Judgment No. UNDT/2015/125 (31 December 2015): Wilson v. Secretary-General of the United Nations  
      Staff selection—Exception to rules and policy—Exercise of discretion—Standard for consideration of request for exception—Request to be considered on case-by-case basis—Compensation for loss of chance of promotion 264
  9. Order No. 99 (GVA/2015) (5 May 2015): Kompass v. Secretary-General of the United Nations  
      Request for suspension of action pending management evaluation—Valid delegation of authority—Relationship between OHCHR and UNOG—Standard for placing staff member on administrative leave pending investigation 265
B. Decisions of the United Nations Appeals Tribunal 266  
  1. Judgment No. 2015-UNAT-496 (26 February 2015): Asariotis v. Secretary-General of the United Nations  
      Promulgation of rules and procedures for staff selection—Administrative Instruction ST/AI/2010/3 on staff selection system—Legal force of the instruction manual for the hiring manager on the staff selection system—Employees’ right to be informed of identity of interview panel in selection exercise 267
  2. Judgment No. 2015-UNAT-505 (26 February 2015): Benfield-Laporte v. Secretary of the United Nations  
      Abuse of authority—Procedures for responding to employee complaints—Refusal to conduct a fact-finding investigation—Scope of fact-finding investigation—Reasonable time to respond to employee complaints 268
  3. Judgment No. 2015-UNAT-518 (26 February 2015): Oummih v. Secretary-General of the United Nations  
      Director’s discretion to conduct investigation and consult relevant parties—Right of parties to be informed of complaints against them—Establishment of investigation panel—Protocol to hire investigation panel members from within the Organization—Necessity of having properly trained investigation panel members 269
  4. Judgment No. 2015-UNAT-542 (2 July 2015): Nielsen v. Secretary-General of the United Nations  
      Suitability for summary Judgment—Receivability of premature complaints—Role of the Appeals Tribunal vis a vis other administrative processes and/or the UNDT 270
  5. Judgment No. 2015-UNAT-555 (2 July 2015): Pedicelli v. Secretary-General of the United Nations  
      Administrative Instruction ST/AI/1998/9 regarding the System for Classification of Posts—ICSC decisions regarding salary binding on the Organization—Receivability of a challenge to an administrative decision implementing a ICSC decision—Standing—Decision implementing an ICSC decision as an appealable decision as an administrative decision 271
  6. Judgment No. 2015-UNAT-574 (30 October 2015): Couquet v. Secretary-General of the United Nations  
      Series 100 employee eligibility for after-service health insurance—Date of recruitment for the purpose of determining eligibility for after-service health insurance—Relationship between Administrative Instruction ST/AI/2007/3 regarding after-service health insurance and staff rule 4.17 regarding staff re-employments versus staff reinstatements 272
  7. Judgment No. 2015-UNAT-575 (30 October 2015): Gomez v. United Nations Joint Staff Pension Board  
      Base amount deductible for alimony payments—Net versus gross pension benefits—Compulsory and statutory deductions from pension benefits versus voluntary deductions for purposes of determining base for alimony 273
  8. Judgment No. 2015-UNAT-576 (30 October 2015): Harrich v. Secretary-General  
      Receivability ratione materiae and ratione temporis—Abuse of process—Impact of application for correction of judgment on time limit to appeal judgment on merits—Extension or waiver of time limit to appeal only in exceptional circumstances 274
  9. Judgment No. 2015-UNAT-600 (30 October 2015): James v. Secretary-General  
      Requirement to submit request for management evaluation as the first step to challenge an administrative decision—Effect of consideration by technical bodies on requirement to submit management evaluation requests 275
  10. Judgment No. 2015-UNAT-604 (30 October 2015): Ocokoru v. Secretary-General of the United Nations  
      60-Day time limit to appeal a judgment—Date of service of UNDT judgment—Actual and Legal knowledge of a UNDT judgment—Requirement to send written notice to the Appeals Tribunal in order to have an extension of the time limit to appeal 276
  11. Judgment No. 2015-UNAT-607 (30 October 2015): Zakharov v. United Nations Joint Staff Pension Board  
      Receivability of appeal—UNAT’s jurisdiction over the UNJSPF—Employee’s right to appeal under UNJSPF Rules and Regulations—Denial of rightful appeal constitutes denial of employee’s due process rights 277
C. Decisions of the Administrative Tribunal of the International Labour Organization 279
D. Decisions of the World Bank Administrative Tribunal 280
  1. Decision No. 506 (29 May 2015): CP v. International Bank for Reconstruction and Development  
      Non-extension of contract—Awareness of express contractual terms—Detrimental reliance—Materiality of reliance—Right of contract renewal—Abuse of discretion in selection process—Impropriety of post hoc justification in selection process 280
  2. Decision No. 507 (29 May 2015): Andres Pizarro v. International Bank for Reconstruction and Development  
      Publicity surrounding internal investigations—Duty of care to staff members—Reputational damage—Emotional distress—Confidentiality of ongoing investigations—Presumption of innocence—Causation 282
  3. Decision No. 525 (13 November 2015): DC v. International Bank for Reconstruction and Development (Preliminary Objections)  
      Memorandum of agreement—Waiver of administrative and legal action—Mutually agreed separation—Scope of waiver clause—Contra proferentem rule of contract construction 284
  4. Decision No. 510 (29 May 2015): AI (No. 4) v. International Bank for Reconstruction and Development  
      Finality of Tribunal’s decisions—Article XIII of Tribunal’s Statute—Review of final decisions—Discovery of a new fact—Materiality of omissions—Res judicata 285
  5. Decision No. 520 (13 November 2015): Alrayes v. International Finance Corporation (Preliminary Objection)  
      G-4 visa cancellation—Municipal investigation into staff member’s allegations of terrorism—Family separation—Exceptional circumstances to allow delayed filing 286
E. Decisions of the Administrative Tribunal of the International Monetary Fund 288
    Judgment No. 2015–3 (29 December 2015): Ms. “GG” (No. 2) v. International Monetary Fund  
      Unfair treatment—Hostile work environment—Sexual harassment—Gender discrimination—Pattern of prohibited conduct—Failure of the Fund effectively to respond—Admissibility of challenge to non-selection and Annual Performance Review (APR) decisions—Abuse of discretion in APR assessment—Abuse of discretion in adopting revised promotion policy and applying it to applicant—Failure of due process—Material impairment of the record—Compensation for intangible injury—No compensation for time spent on self-representation 288
Chapter VI. Selected legal opinions of the secretariats of the United Nations and related intergovernmental organizations View PDF file
A. Legal opinions of the Secretariat of the United Nations 291
  1. Privileges and immunities 291
    (a) Inter-office memorandum to the Assistant Secretary-General of [Office] concerning the issuance of the United Nations laissez-passer (UNLP) on an exceptional basis to individuals who are not officials of the United Nations 291
    (b) Inter-office memorandum to the Assistant Secretary-General of [Office] concerning the privileges and immunities of the United Nations with regard to the export of weapons and ammunition in support of United Nations peacekeeping and political missions and for the protection of United Nations personnel and premises. 293
    (c) Note to [State] concerning privileges and immunities of United Nations staff members regarding the appointment and conditions of service, and taxation of the salaries and emoluments paid by the United Nations to United Nations officials 295
    (d) Note to [State] concerning the privileges and immunities enjoyed by United Nations officials from [State] taxation on the salaries and emoluments paid by the United Nations to its officials and from mandatory contributions to national social welfare schemes, which is also a form of taxation 299
    (e) Note to the Permanent Mission of [State] concerning the privileges and immunities of United Nations officials performing functions in [State] and who are [State] nationals or permanent residents 303
    (f) Inter-office memorandum to the Deputy Director of the [Division] concerning the privileges and immunities of United Nations officials to use the United Nations diplomatic pouch service to transmit and receive medical items 306
    (g) Note to the Ministry of Foreign Affairs of [State] concerning privileges and immunities of United Nations officials to be granted visas, and other travel documents, necessary to enter [State] on official United Nations business 308
  2. Procedural and institutional issues 311
      Inter-office memorandum to the Assistant Secretary-General, Controller Office of Programme Planning, Budget and Accounts Department of Management, concerning what constitutes official documents of the United Nations that need to be issued in the six official languages of the United Nations 311
  3. Procurement 313
    (a) Inter-office memorandum to the Director, Procurement Division, Office of Central Support Services, Department of Management concerning the applicability of liquidated damages under a contract for the provision of household appliances 313
    (b) Inter-office memorandum to the Director, Procurement Division, Office of Central Support Services, Department of Management concerning an increase in hourly rates under Contract for the provision of Global Tax Consultancy Services 317
    (c) Inter-office memorandum to the Director, Procurement Division, Office of Central Support Services, Department of Management concerning the misuse of the United Nations name 319
    (d) Inter-office memorandum to the Director, Procurement Division, Office of Central Support Services, Department of Management concerning eligibility of company to continue to be registered as a UNPD vendor 320
    (e) Inter-office memorandum to the Director, Procurement Division, Office of Central Support Services, Department of Management concerning an amendment to a contract on the provision of office supplies 322
    (f) Inter-office memorandum to the Director, Procurement Division, Office of Central Support Services, Department of Management concerning effective international competition 324
  4. Miscellaneous 328
    (a) Inter-office memorandum to the Principal Legal Officer in charge of the Office of the Legal Counsel concerning the authority of the Commission on Narcotic Drugs to schedule a substance under the Convention on Psychotropic Substances if there is a recommendation from the World Health Organization that the substance should not be placed under international control 328
    (b) Inter-office memorandum to the Under-Secretary-General for Management requesting the application of article 45 bis of the UNJSPF Regulations to the pension benefit of a staff member 334
    (c) Inter-office memorandum to the Deputy Controller in the Office of Programme Planning, Budget and Accounts, Department of Management on the status of the “Financial Rules” for the United Nations Office on Drugs and Crime (UNODC) 336
B. Legal opinions of the secretariats of intergovernmental organizations related to the United Nations 343
  1. International Labour Organization 343
    (a) Legal opinion rendered during the 104th session of the International Labour Conference (June 2015) concerning the application by the Cook Islands for admission to membership of the International Labour Organization 343
    (b) Legal opinion rendered during the 325th Session (October–November 2015) of the Governing Body of the International Labour Office concerning the scope of the principle nemo judex in causa sua 344
  2. Universal Postal Union 344
    (a) Letter dated [date] from the Deputy Director General of the Universal Postal Union (UPU) to the Director General of the [State’s] designated postal operator concerning a request by [State] concerning the use of postal financial services 344
    (b) Reply dated 1 May 2015 from the Director of Legal Affairs concerning [General Assembly resolution] 345
    (c) Legal Affairs Directorate note dated 5 August 2015 concerning a request for temporary exemption from contribution class payments by [State] 346
    (d) Legal Affairs Directorate note dated 9 December 2015 concerning possible proposals for the establishment of a permanent Universal Postal Convention 348
  3. International Maritime Organization 352
      Interpretation of the London Convention and Protocol 352
  4. United Nations Industrial Development Organization 354
    (a) Internal email message to the UNIDO consultant concerning disclosure of a UNIDO-[national entity] project in [State A] 354
    (b) Interoffice memorandum to the UNIDO Director General concerning his membership in an alumni network 355
    (c) Internal email message to the UNIDO Director of the Policymaking Organs concerning possible shortening of the duration of the General Conference in 2015 356
    (d) Internal email message to the UNIDO Industrial Development Officer concerning the review of the Memorandum of Understanding with [company] 356
    (e) Internal email message to the UNIDO Director of the Programme Development and Technical Cooperation Branch concerning a sponsorship framework for the Vienna Energy Forum 357
    (f) Internal email message to the UNIDO Director of the Programme Development and Technical Cooperation Branch concerning the compliance with the European Commission (EC) sanctions on the [company] Group in [State A] 360
    (g) Internal email message to a UNIDO Programme Officer concerning reservations of [State] to 1947 Convention on the Privileges and Immunities of Specialized Agencies 361
    (h) Internal email message to the Officer-in-Charge of Human Resource Management Branch concerning [Bureau] (State)’s request for personal details of all project staff 362
    (i) Internal email message to the Director of Partnerships and Results Monitoring Branch concerning the draft Memorandum of Understanding with the [national bank] of [State] 364
    (j) Internal email message to the UNIDO Representative and Regional Director concerning dispute settlement with private/local staff in [State] 365
    (k) Interoffice memorandum to the Officer-in-Charge of Human Resource Management Branch concerning the possibility of recognizing a staff member’s sisters as her dependent children for the purposes of entitlements under the staff regulations and rules 367
    (l) Interoffice memorandum to the Director General concerning his membership at the advisory council of the [University] 370
    (m) External email message to the Legal Adviser of [a United Nations Specialized Agency] concerning policy formulation in a public international organization 371
    (n) Interoffice memorandum to the Director General concerning his membership on the ambassadorial board of the [NGO] 372
    (o) Internal email message to the Officer-in-Charge of the Human Resource Management Branch concerning Appendix D coverage issue of home-based project staff 374
    (p) Internal note for the file prepared by the UNIDO Legal Office concerning Appendix D coverage of home-based project staff 376
    (q) Internal email message to the UNIDO Unit Chief of the Accounts and Payments Unit concerning VAT reimbursement on official purchases of the Staff Council 378
    (r) Internal email message to the UNIDO Unit Chief of the Strategic Donor Relations Unit concerning use of the regular budget to support the attendance of [State] representative to the 16th session of the General Conference 378
    (s) Internal email message to the UNIDO Senior Human Resource Specialist concerning the interpretation of staff rule on travel expenses to the eligible family members 379

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

Chapter VII. Decisions and advisory opinions of international tribunals View PDF file
A. International Court of Justice 383
  1. Judgments 383
  2. Advisory Opinions 383
  3. Pending cases and proceedings as at 31 December 2015 383
B. International Tribunal for the Law of the Sea 384
  1. Judgments and Orders 384
  2. Pending cases and proceedings as at 31 December 2015 385
C. International Criminal Court 385
  1. Situations and cases before the Court as at 31 December 2015 386
    (a) Situation in Uganda 386
    (b) Situation in the Democratic Republic of the Congo 386
    (c) Situation in Darfur, the Sudan 386
    (d) Situation in the Central African Republic 387
    (e) Situation in Kenya 387
    (f) Situation in Libya 387
    (g) Situation in Côte d’Ivoire 387
    (h) Situation in Mali 388
D. International Criminal Tribunal for the former Yugoslavia 388
  1. Judgements delivered by the Appeals Chamber 388
  2. Judgements delivered by the Trial Chambers 388
  3. Pending cases and proceedings as at 31 December 2015 388
E. International Criminal Tribunal for Rwanda 389
    Judgements delivered by the Appeals Chamber 389
F. Mechanism for International Criminal Tribunals 389
    Pending cases and proceedings as at 31 December 2015 389
G. Extraordinary Chambers in the Courts of Cambodia 390
    Pending cases and proceedings as at 31 December 2015 390
H. Special Tribunal for Lebanon 390
  1. Judgements delivered by the Contempt Judge 390
  2. Pending cases and proceedings as at 31 December 2015 391
I. Residual Special Court for Sierra Leone 391
Chapter VIII. Decisions of national tribunals View PDF file
A. United States of America 393
    Decision of the Superior Court for the District of Columbia 393

Part Four. Bibliography

Bibliography View PDF file
A. International organizations in general 397
  1. General 397
  2. Particular questions 398
  3. Responsibility of International Organizations 399
B. United Nations 400
  1. General 400
  2. Principal organs and subsidiary bodies 400
      General Assembly 400
      International Court of Justice 401
      Secretariat 402
      Security Council 402
C. Intergovernmental organizations related to the United Nations 404
  1. General Agreement on Tariffs and Trade 404
  2. International Atomic Energy Agency 404
  3. International Centre for Settlement of Investment Disputes 404
  4. International Civil Aviation Organization ICAO 404
  5. International Labour Organization 404
  6. International Maritime Organization 405
  7. International Monetary Fund 405
  8. Organization for the Prohibition of Chemical Weapons 405
  9. United Nations Educational, Scientific and Cultural Organization 405
  10. World Bank Group 405
  11. World Health Organization 405
  12. World Meteorological Organization 406
  13. World Trade Organization 406
D. Other legal issues 406
  1. Aggression 406
  2. Aviation Law 407
  3. Collective Security 407
  4. Commercial Arbitration 407
  5. Diplomatic Relations 409
  6. Disarmament 409
  7. Environmental Questions 410
  8. Financing 413
  9. Friendly Relations and Cooperation among States 413
  10. Human Rights 413
  11. International Administrative Law 418
  12. International Commercial Law 419
  13. International Criminal Law 419
  14. International Economic Law 423
  15. International Terrorism 423
  16. International Trade Law 424
  17. International Tribunals 425
  18. International Waterways 431
  19. Intervention and humanitarian intervention 432
  20. Jurisdiction 435
  21. Law of Armed Conflict 436
  22. Law of the Sea 439
  23. Law of Treaties 443
  24. Membership and Representation 443
  25. Most Favored Nation Clause 444
  26. Narcotic Drugs 444
  27. Natural Resources 444
  28. Non-governmental Organizations 444
  29. Outer Space Law 445
  30. Peaceful Settlement of Disputes 445
  31. Peacekeeping and related activities 446
  32. Piracy 446
  33. Political and Security Questions 447
  34. Progressive Development and Codification of International Law (in general) 448
  35. Recognition of States 450
  36. Refugees and internally displaced persons 450
  37. Right of Asylum 451
  38. Rule of Law 451
  39. Self-defence 452
  40. Self-determination 453
  41. State Immunity 453
  42. State Responsibility 454
  43. State Sovereignty 455
  44. State Succession 455
  45. Transitional Justice 455
  46. Use of Force 456
Annex. Organizational chart of the United Nations System 458