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

2016

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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
  Ecuador 3
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  
  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 Kingdom of the Netherlands and the United Nations concerning the headquarters of the International Residual Mechanism for Criminal Tribunals. New York, 23 February 2015 5
    (b) Protocol of amendment of the Memorandum of Understanding between the United Nations and the Government of the Italian Republic regarding the use by the United Nations of premises on military installations in Italy for the support of peacekeeping, humanitarian and related operations. New York, 28 April 2015 30
    (c) Memorandum of Understanding between the United Nations and the International Criminal Court concerning cooperation between the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) and the International Criminal Court. New York, 3 May 2016 and 5 May 2016, and The Hague, 18 May 2016 and 19 May 2016 36
    (d) Agreement between the United Nations and the Kingdom of the Netherlands concerning the Office of the Organization for the Prohibition of Chemical Weapons (OPCW)—United Nations Joint Investigative Mechanism. The Hague, 31 May 2016 56
    (e) Agreement between the Government of the Republic of Korea and the United Nations regarding the United Nations Project Office on Governance. New York, 2 June 2016 71
    (f) Agreement between the United Nations and the Government of the Republic of Colombia concerning the Status of the United Nations Mission in Colombia. New York, 15 September 2016 78
    (g) Agreement concerning the Relationship between the United Nations and the International Organization for Migration. New York, 19 September 2016 91
  3. United Nations Entity for Gender Equality and the Empowerment of Women 97
      Agreement between the United Nations represented by the United Nations Entity for Gender Equality and the Empowerment of Women and the Government of the United Arab Emirates concerning the establishment of a UN-Women liaison office for Gulf Countries. New York, 15 July 2016 97
B. Treaties concerning the legal status of intergovernmental organizations related to the United Nations  
  1. Convention on the Privileges and Immunities of the Specialized Agencies 109
  2. International Labour Organization 109
  3. Food and Agriculture Organization 109
    (a) Agreements regarding the establishment of FAO Representations and Offices 109
    (b) Agreements for hosting meetings of FAO Bodies 109
    (c) Agreements concerning FAO technical assistance activities 110
    (d) Employment-related matters 110
  4. United Nations Educational, Scientific and Cultural Organization 111
  5. International Civil Aviation Organization 112
      Supplementary Agreement between the International Civil Aviation Organization and the Government of Canada regarding the headquarters of the International Civil Aviation Organization. Montreal, 27 May 2013 112
  6. International Fund for Agricultural Development  117
  7. United Nations Industrial Development Organization 117
    (a) Memorandum of understanding between UNIDO and Ulsan Metropolitan city on the convening of the fourth Green Industry Conference in Ulsan, the Republic of Korea, signed on 22 and 27 April 2016 and the letter from the Republic of Korea concerning the regulation of the privileges and immunities during the Conference 117
    (b) Agreement between UNIDO and the World Bank regarding the Standard Form of Agreement for Technical Assistance by UNIDO, signed on 7 June 2016 117
    (c) Trust Fund agreement between UNIDO and the Government of Australia regarding the implementation of a project entitled “Private Financing Advisory Network”, signed on 4 November 2016 118
    (d) Memorandum of understanding between UNIDO and the Ministry of Foreign Affairs and International Cooperation of the Republic of Italy regarding the implementation of a project entitled “Phase 2 (extension) of the technical assistance project for the up-grading of the Ethiopian leather and leather products industry”, signed on 23 November 2016 118
  8. Organization for the Prohibition of Chemical Weapons 119
  9. International Criminal Court 119
    (a) Rome Statute of the International Criminal Court 119
    (b) Ratification/Acceptance of amendments to the Rome Statute 119
    (c) Agreement on the Privileges and Immunities of the ICC 120

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  
  1. Membership of the United Nations 123
  2. Peace and Security 123
    (a) Peacekeeping missions and operations 123
    (b) Political and peacebuilding missions 129
    (c) Other bodies 133
    (d) Missions of the Security Council 134
    (e) Action of Member States authorized by the Security Council 137
    (f) Sanctions imposed under Chapter VII of the Charter of the United Nations 139
    (g) Terrorism 146
    (h) Humanitarian law and human rights in the context of peace and security 148
    (i) Comprehensive assessment of United Nations peace operations 150
    (j) Piracy 150
    (k) Migrant smuggling and human trafficking 150
  3. Disarmament and related matters 151
    (a) Disarmament machinery 151
    (b) Nuclear disarmament and non-proliferation issues  153
    (c) Biological and chemical weapons issues 155
    (d) Conventional weapons issues 156
    (e) Regional disarmament activities of the United Nations 159
    (f) Outer space (disarmament aspects)  162
    (g) Other disarmament measures and international security 162
  4. Legal aspects of peaceful uses of outer space  163
    (a) Legal Subcommittee on the Peaceful Uses of Outer Space  163
    (b) General Assembly 166
  5. Human rights 166
    (a) Sessions of the United Nations human rights bodies and treaty bodies 166
    (b) Racism, racial discrimination, xenophobia and related intolerance 170
    (c) Right to development and poverty reduction 172
    (d) Right of peoples to self-determination 173
    (e) Economic, social and cultural rights 174
    (f) Civil and political rights  177
    (g) Rights of the child 184
    (h) Migrants 186
    (i) Internally displaced persons 187
    (j) Minorities 187
    (k) Indigenous issues 188
    (l) Terrorism and human rights 189
    (m) Persons with disabilities 190
    (n) Contemporary forms of slavery 191
    (o) Environment and human rights 191
    (p) Business and human rights 192
    (q) Promotion and protection of human rights 192
    (r) Miscellaneous 195
  6. Women 198
    (a) United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women)  198
    (b) Commission on the Status of Women 198
    (c) Economic and Social Council 199
    (d) General Assembly 199
    (e) Security Council 199
  7. Humanitarian matters 199
    (a) Economic and Social Council 199
    (b) General Assembly 199
  8. Environment 200
    (a) United Nations Climate Change Conference in Marrakech 200
    (b) Economic and Social Council 200
    (c) General Assembly 201
  9. Law of the Sea 202
    (a) Reports of the Secretary-General 202
    (b) Consideration by the General Assembly 203
    (c) Consideration by the Meeting of States Parties to the United Nations Convention on the Law of the Sea 205
  10. Crime prevention and criminal justice 205
    (a) Conference of the Parties to the United Nations Convention against Transnational Organized Crime 205
    (b) Commission on Crime Prevention and Criminal Justice (CCPJ) 206
    (c) Economic and Social Council 206
    (d) General Assembly 206
  11. International drug control 207
    (a) Commission on Narcotic Drugs 207
    (b) Economic and Social Council 207
    (c) General Assembly 207
  12. Refugees and displaced persons 208
    (a) Executive Committee of the Programme of the United Nations High Commissioner for Refugees 208
    (b) General Assembly 208
  13. International Court of Justice 209
    (a) Organization of the Court 209
    (b) Jurisdiction of the Court 209
    (c) General Assembly 210
  14. International Law Commission 210
    (a) Membership of the Commission 210
    (b) Sixty-eighth session of the International Law Commission 210
    (c) Sixth Committee 213
    (d) General Assembly 214
  15. United Nations Commission on International Trade Law 214
    (a) Forty-ninth session of the Commission 214
    (b) Sixth Committee 216
    (c) General Assembly 216
  16. Legal questions dealt with by the Sixth Committee and other related subsidiary bodies of the General Assembly 216
    (a) Responsibility of States for internationally wrongful acts 217
    (b) Criminal accountability of United Nations officials and experts on mission 218
    (c) United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law 219
    (d) Diplomatic protection 220
    (e) Consideration of prevention of transboundary harm from hazardous activities and allocation of loss in the case of such harm 221
    (f) Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts 222
    (g) Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives 223
    (h) Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization 224
    (i) The rule of law at the national and international levels 225
    (j) The scope and application of the principle of universal jurisdiction 226
    (k) The law of transboundary aquifers 227
    (l) Measures to eliminate international terrorism 228
    (m) Revitalization of the work of the General Assembly 229
    (n) Administration of justice at the United Nations 230
    (o) Report of the Committee on Relations with the Host Country 231
    (p) Observer Status in the General Assembly 232
  17. Ad hoc international criminal tribunals 233
    (a) Organization of the International Criminal Tribunal for the former Yugoslavia 233
    (b) General Assembly 235
    (c) Security Council 236
B. General review of the legal activities of intergovernmental organizations related to the United Nations  
  1. International Labour Organization 237
    (a) Amendments to international labour conventions and resolutions adopted by the International Labour Conference during its 105th Session (Geneva, May to June 2016) 237
    (b) The Standards Review Mechanism Tripartite Working Group 240
    (c) Guidance documents submitted to the Governing Body of the International Labour Office 241
    (d) Joint Maritime Commission’s Subcommittee on Wages of Seafarers 243
    (e) Legal advisory services and training 243
    (f) Committee on Freedom of Association 244
    (g) Representations submitted under article 24 of the ILO Constitution and complaints made under article 26 of the ILO Constitution 244
  2. Food and Agriculture Organization of the United Nations 244
    (a) Membership 244
    (b) Constitutional and general legal matters 244
    (c) Treaties concluded under the auspices of the FAO 245
    (d) Collaboration with other entities 247
    (e) Legislative matters 249
  3. United Nations Educational, Scientific and Cultural Organization 251
    (a) International regulations 251
    (b) Human rights 251
  4. International Monetary Fund 252
    (a) Membership issues 252
    (b) Key policy decisions of the IMF 253
  5. International Maritime Organization 259
    (a) Membership 259
    (b) Review of the legal activities 259
    (c) Adoption of amendments to conventions and protocols 265
  6. Universal Postal Union 267
  7. World Meteorological Organization 268
    (a) Membership 268
    (b) Agreements and other arrangements concluded in 2016 268
  8. International Fund for Agricultural Development 271
    (a) Re-establishment of a Committee to review the emoluments of the President Resolution 191/XXXIX 271
    (b) Proposal for settlement of outstanding contributions of the Republic of Iraq 271
    (c) IFAD’s variable interest rate methodology: Impact of negative interest rates 272
    (d) Access the Kreditanstalt Für Wiederaufbau (KfW) borrowing facility for the Tenth Replenishment of WAD’s Resources 272
    (e) Supplementary fund contribution from the Rockefeller Foundation and from the Bill & Melinda Gates Foundation 272
    (f) Amendments to the instrument establishing the Trust Fund for the IFAD Adaptation for Smallholder Agriculture Programme 272
    (g) Borrowing agreement with the Agence Française de Développement (AFD) to support the IFADIO programme of loans and grants 273
    (h) Principles of Conduct for Representatives of the Executive Board of IFAD 273
    (i) Journal of Law and Rural Development 273
    (j) Accreditation from the Green Climate Fund 273
  9. United Nations Industrial Development Organization 273
    (a) Constitutional matters 273
    (b) Agreements and other arrangements concluded in 2016 274
  10. Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization 274
    (a) Membership 274
    (b) Legal status, privileges and immunities and international agreements 274
    (c) Legislative Assistance Activities 275
  11. International Atomic Energy Agency 275
    (a) Membership 275
    (b) Multilateral treaties under IAEA auspices 275
    (c) Safeguards Agreements 278
    (d) Revised supplementary agreements concerning the provision of technical assistance by the IAEA (RSA) 278
    (e) IAEA legislative assistance activities 278
    (f) Conventions 279
    (g) Civil liability for nuclear damage 281
  12. Organization for the Prohibition of Chemical Weapons 281
    (a) Membership 281
    (b) Legal status, privileges and immunities and international agreements 281
    (c) Legislative assistance activities 281
  13. World Trade Organization 283
    (a) Membership 283
    (b) Dispute settlement 284
    (c) Acceptances of the protocols 285
  14. International Criminal Court 286
    (a) Situations under preliminary examinations 286
    (b) Situations and Cases before the Court 289
    (c) Victims’ participation in the proceedings: recent developments 292
    (d) Developments concerning the relationship between the ICC and the United Nations 293
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 295
B. Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations  
  1. Universal Postal Union 295
  2. International Criminal Court 296
Chapter V. Decisions of the administrative tribunals of the United Nations and related intergovernmental organizations View PDF file
A. United Nations Dispute Tribunal 297
  1. Judgment No. UNDT/2016/020 (14 March 2016): Nyasulu v. Secretary-General of the United Nations  
      Non-reassignment of the applicant to new post created from his old post—No review of the suitability of the applicant for reassignment—Lack of transparency and credibility—Reinstatement or monetary compensation—Compensation for the substantive and procedural irregularities 297
  2. Judgment No. UNDT/2016/030 (14 April 2016): RodriguezViquez v. SecretaryGeneral of the United Nations  
      Legality of the Promotions Policy—Fair, transparent and non-discriminatory application of the Promotions Policy—Criterion extraneous to the Promotions Policy—Unsubstantiated and irrelevant information led to bias and nepotism—Flawed ranking methodology—Procedural errors concretely impacted the results—No retroactive promotion—Compensation for the lost chance of promotion 299
  3. Judgment No. UNDT/2016/094 (30 June 2016): Dalgamouni v. Secretary-General of the United Nations  
      Non-renewal of appointment on the ground of unsatisfactory performance—Hostile work environment—Improper use of a position of influence, power or authority—Breach of the fundamental rights of the employee—Monetary compensation for health damage—Referral of the Chief to Secretary-General for accountability 301
  4. Judgment No. UNDT/2016/181 (7 October 2016): Hassanin v. Secretary-General of The United Nations  
      Legal authority of the Secretary-General to terminate permanent appointments—Primary responsibility for finding alternative employment should rest with the Organization—Permanent staff on abolished posts should be assigned to a suitable post on a priority basis—Proper consideration of the Applicant’s status as a representative to the Staff Council—Rescission of the decision to terminate or monetary compensation—Compensation for emotional distress 303
  5. Judgment No. UNDT/2016/183 (11 October 2016): Tiefenbacher v. Secretary-General of the United Nations  
      Challenge to the decision not to select permanent staff member for alternative post—Obligation to make good faith efforts to retain permanent staff members whose posts are abolished—Non-compliance with the rules on retention of permanent staff members—Compensation for pecuniary losses 304
  6. Judgment No. UNDT/2016/204 (11 November 2016): Nakhlawi v. Secretary-General of the United Nations  
      Abolition of mandate of the post did not provide for the possibility to terminate a permanent appointment—No approval for abolishing the post—Failure to make reasonable and good faith efforts to find the Applicant an alternative post—Reinstatement of the Applicant or compensation in lieu—Award of moral damages 306
B. Decisions of the United Nations Appeals Tribunal 308
  1. Judgment No. 2016-UNAT-618 (24 March 2016): Subramanian et al. v. Secretary-General of the United Nations  
      Appeal relating to a salary survey—UNDT wrongfully converted the request for an extension of time into an application—Violation of the staff member’s statutory rights—UNDT judgment vacated 308
  2. Judgment No. 2016-UNAT-622 (24 March 2016): Aly et al. v. Secretary-General of the United Nations  
      Protracted classification review process—Right to request reclassification—Second remand of the case to the Administration unviable and unfair—Award of monetary compensation 308
  3. Judgment No. 2016-UNAT-641 (24 March 2016): Chemingui v. Secretary-General of the United Nations  
      Challenge to decision on lateral reassignment—Decision on lateral reassignment did not constitute a case of appointment, promotion, or termination—No basis for interlocutory appeal 309
  4. Judgment No. 2016-UNAT-661 (30 June 2016): Kalashnik v. Secretary-General of the United Nations  
      Request for management evaluation—Administrative response to a request for management evaluation is not judicially reviewable—Opportunity to resolve the matter without litigation 309
  5. Judgment No. 2016-UNAT-706 (28 October 2016): Gallo v. Secretary-General of the United Nations  
      Non-disciplinary measure in connection with a former staff member’s conduct while employed—Non-disciplinary measure was not predicated upon and limited to the existence of an ongoing employment contract—UNDT judgment partially vacated 310
C. Decisions of the Administrative Tribunal of the International Labour Organization 311
  1. Judgment No. 3575 (3 February 2016): C. v. International Organization for Migration (IOM)  
      Discharge from service for possession of unauthorized Firearm—Disciplinary measure not based upon any rule prohibiting firearms—Possession of unauthorized firearm clearly represented a risk to the safety—Complaint dismissed 311
  2. Judgment No. 3582 (3 February 2016): D. v. World Health Organization (WHO)  
      Termination of appointment due to abolition of post—Unreasonable delay in internal appeal proceedings—Compensation for moral damages—Amount of damages depends on the length of the delay and its consequences—Abolition of the post must be based on objective grounds—Reasonable and timely notice of the non-renewal of a fixed-term appointment 312
  3. Judgment No. 3602 (3 February 2016): A. v. World Trade Organization (WTO)  
      Summary dismissal for unlawful possession of weapon—Conduct in a private capacity may lead to disciplinary proceedings—Imposition of internal disciplinary sanction is independent of any related domestic proceedings—Principle of proportionality—Duty of care of the organization to seek further medical advice—remittance of the matter to the WTO for reconsideration—Award of moral damages 314
  4. Judgment No. 3610 (3 February 2016): A. v. Global Fund to Fight AIDS, Tuberculosis and Malaria  
      Lawfulness of separation agreement—A waiver of the right to contest the separation agreement does not stop the Tribunal from examining the validity of that agreement—Separation agreement signed under duress—Award of material damages and moral damages 316
  5. Judgment No. 3652 (6 July 2016): P. (Nos. 1 and 2) v. Food and Agriculture Organization of the United Nations (FAO)  
      Nationality criteria in selection process—Nationality is only to be taken into account when candidates are equally well qualified—Lack of transparency in the early stages of the selection process—Award of material damages and moral damages 318
  6. Judgment No. 3671 (6 July 2016): D. (No. 2) v. International Telecommunication Union (ITU)  
      Cause of action before the Tribunal to challenge the Service Orders—Service Orders were adopted by an unlawful procedure due to failure to consult with the staff association—no entitlement to moral damages as the complainant acted in the capacity of staff representative 320
  7. Judgment No. 3688 (6 July 2016): P.-M (No. 2) v. World Health Organization (WHO)  
      Abolition of post for financial reasons—Unreasonable delay in internal proceedings—Absence of genuine financial reasons to abolish the post—Breach of due process—No exceptional circumstances for ordering reinstatement—Award of moral and material damages 321
D. Decisions of the Administrative Tribunal of the International Monetary Fund 324
  1. Judgment No. 2016-1 (15 March 2016): Mr. J. Prader v. International Monetary Fund  
      Request to revoke currency election of pension payment—Currency election is irrevocable under the Local Currency Rules—Significant differences between section 16.3 of the Staff Retirement Plan and the Local Currency Rules as to currency election—Staff Retirement Plan should govern—Rescission of the decision—Retroactive pension payment 324
  2. Judgment No. 2016-2 (21 September 2016): Mr. “KK” v. International Monetary Fund  
      Alleged abuse of discretion in performance review decisions—Difficult supervisor-supervisee relationship—Reasonable and observable basis for the contested decisions—Fair and balanced evaluation—Work schedule modified in response to a medical restriction—Oral proceedings 326
  3. Judgment No. 2016-3 (31 October 2016): Ms. “M” and Dr. “M” (No. 2) v. International Monetary Fund (Interpretation of Judgment No. 2006-6)  
      Reimbursement of bank fees related to child support payments resulting from an earlier judgement—Admissibility of the request for interpretation pursuant to article XVII of the Tribunal’s Statute—No basis for invoking a source of law other than the Fund’s rules—Section 11.3 of the Staff Retirement Plan—Application denied 328
  4. Judgment No. 2016-4 (1 November 2016): Mr. P. Nogueira Batista, Jr. v. International Monetary Fund  
      Request for retroactive contribution to the Staff Retirement Plan—Interpretation and application of Staff Retirement Plan section 2.2(c)—No administrative failure to notify the Applicant of enrolment in the Plan at the time of appointment—Application denied 330
  5. Judgment No. 2016-5 (4 November 2016): Mr. E. Verreydt v. International Monetary Fund  
      Deduction from separation payment of the home leave benefit—Interpretation and application of the home leave policy—Prohibition of the use of credit card rewards points to acquire home leave airline tickets—Failure to afford timely notice of the rejection of home leave certification and an effective opportunity to remedy non-compliance with the home leave policy—Rescission of the Fund’s decision 332
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  
  1. Privileges and immunities 337
    (a) Note to [State] concerning privileges and immunities of United Nations staff members regarding the recruitment of nationals of [State] by the United Nations, its Funds and Programmes and other subsidiary bodies in [State] 337
    (b) Note to [State] concerning privileges and immunities of United Nations staff members regarding the request by [State] of information on criminal records and annual wages of United Nations personnel in [State] and the names, identity numbers and social security insurance numbers of personnel who are nationals and permanent residents of [State] 339
    (c) Note to [State] concerning privileges and immunities of United Nations staff members regarding interrogations in relation to an official United Nations publication 342
    (d) Note to [State] concerning privileges and immunities of United Nations staff members regarding the renewal of an exit visa for a United Nations official by the State of nationality 344
    (e) Note to [State] concerning privileges and immunities of United Nations staff members regarding a declaration of a United Nations country representative as persona non grata 347
    (f) Inter-office memorandum to the Legal Counsel of a United Nations entity concerning the privileges and immunities of a staff member for civil proceedings 349
    (g) Note to [State] concerning privileges and immunities of United Nations staff members regarding contributions of national staff members to the national social security and pension scheme 350
    (h) Note to [State] concerning privileges and immunities of the United Nations regarding the exemption from the payment of customs duties for the import of stamps by the United Nations Postal Administration (UNPA) 352
  2. Procedural and institutional issues 353
    (a) Inter-office memorandum to the Chief Executive Officer of the United Nations Joint Staff Pension Fund concerning comments by the Office of Internal Oversight (OIOS) on the Draft United Nations Joint Staff Pension Fund (UNJSPF) Financial Rules 353
    (b) Inter-office memorandum to the Director of a unit in the Department of Peacekeeping Operations concerning an arrangement between a Member State and the participating United Nations organizations for the establishment of a trust fund for that Member State 370
    (c) Internal email message concerning the administrative format for issuance of standing administrative measures (“SAMs”) 371
  3. Procurement 373
    (a) Inter-office memorandum to concerning the review of a Statement of Services for the fast track migration of United Nations email accounts from [Company] to [Company] pursuant to the Master Business Agreement between the United Nations and [Company] and its related agreements 373
    (b) Inter-office memorandum to the Director, Office of Central Support Services, Department of Management concerning the terms of a performance security required under a contract between the United Nations and a vendor 375
    (c) Inter-office memorandum to the Director, Office of Central Support Services, Department of Management concerning the procedure for payment and reimbursement of excise duties under a fuel contract 378
    (d) Inter-office memorandum to the Director, Office of Central Support Services, Department of Management concerning the suspension of a vendor from the United Nations Register of Vendors 380
    (e) Inter-office memorandum to the Assistant Secretary-General, Office of Central Support Services, Department of Management concerning the procurement of heavy engineering capabilities in Africa using voluntary contributions 383
    (f) Inter-office memorandum to the Director, Office of Central Support Services, Department of Management concerning the failure of a government to respect a peacekeeping operation’s exemption from taxation on fuel imported for the official activities 386
  4. Liability and Responsibility of the United Nations 390
      Note to Heads of Secretariat Departments and Offices and Funds and Programmes concerning General Assembly resolution 70/114 on the Criminal Accountability of United Nations Officials and Experts on Mission 390
B. Legal opinions of the secretariats of intergovernmental organizations related to the United Nations  
  1. International Labour Organization 392
      Legal opinion rendered during second meeting of the Standards Review Mechanism Tripartite Working Group (10–14 October 2016) 392
  2. International Maritime Organization 395
    (a) Supplemental legal advice regarding the introduction of mandatory safety standards for the carriage of more than 12 industrial personnel 395
    (b) Legal advice on the proposal, circulation, adoption, acceptance and entry into force of amendments to the to the Ballast Water Management Convention (BWM Convention) 398
  3. United Nations Industrial Development Organization 407
    (a) Internal email message to the Officer-in-Charge of the UNIDO Policymaking Organs concerning the legal status of [Territory/State] at UNIDO 407
    (b) Interoffice memorandum to the Officer-in-Charge of the UNIDO Department of Operational Support Services concerning the applicability to members of permanent missions of policies and rules governing common services on United Nations premises 408
    (c) Letter to the Chief of the Treaty Section of the United Nations concerning UNIDO’s objection to the reservations by the [State] to the Convention on Privileges and Immunities of the Specialized Agencies of 1947 411
    (d) Internal email message to the Secretary of the UNIDO Staff Pension Committee (SPC) concerning disability pension case of an unnamed staff member 412
    (e) Internal email message to the UNIDO Senior Human Resource Officer concerning possible retroactive application of the unified salary scale 413
    (f) Email message to the Legal Officer of the [UN Organization] concerning the [Host Country] tax obligations for consultants 414
    (g) Internal email message to the UNIDO Human Resource Officer concerning import of medication under HQ Agreement with [Host Country] 415

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 419
  1. Judgments 419
  2. Advisory Opinions 419
  3. Pending cases and proceedings as at 31 December 2016 420
B. International Tribunal for the Law of the Sea 420
  1. Judgments and Orders 420
  2. Pending cases and proceedings as at 31 December 2016 420
C. International Criminal Court 421
  1. Situations and cases before the Court as at 31 December 2016 422
    (a) Situation in Uganda 422
    (b) Situation in the Democratic Republic of the Congo 422
    (c) Situation in Darfur, the Sudan 422
    (d) Situation in the Central African Republic 423
    (e) Situation in Kenya 423
    (f) Situation in Libya 423
    (g) Situation in Côte d’Ivoire 423
    (h) Situation in Mali 424
D. International Criminal Tribunal for the former Yugoslavia 424
  1. Judgement delivered by the Appeals Chamber 424
  2. Judgements delivered by the Trial Chambers 424
  3. Pending cases and proceedings as at 31 December 2016 424
E. Mechanism for International Criminal Tribunals 425
    Pending cases and proceedings as at 31 December 2016 425
F. Extraordinary Chambers in the Courts of Cambodia 425
  1. Judgement delivered by the Supreme Court Chamber 426
  2. Pending cases and proceedings as at 31 December 2016 426
G. Special Tribunal for Lebanon 426
  1. Judgments delivered in Contempt Cases 426
  2. Pending cases and proceedings as at 31 December 2016 426
H. Residual Special Court for Sierra Leone 427
Chapter VIII. Decisions of national tribunals View PDF file
A. Austria  
    Austrian Federal Constitutional Court, Order of 25 February 2016, SV 2/2015-18 429
B. Canada  
    World Bank Group v. Wallace, Supreme Court of Canada, Judgment of 29 April 2016, 2016 SCC 15 430

Part Four. Bibliography

Bibliography View PDF file
A. International organizations in general  
  1. General 455
  2. Particular Questions 456
  3. Responsibility of international organizations 456
B. United Nations  
  1. General 457
  2. Principal organs and subsidiary bodies 458
      International Court of Justice 458
      Secretariat 460
      Security Council 460
C. Intergovernmental organizations related to the United Nations  
  1. International Centre for Settlement of Investment Disputes 461
  2. International Civil Aviation Organization 462
  3. International Labour Organization 462
  4. International Maritime Organization 462
  5. International Monetary Fund 462
  6. International Telecommunication Union 462
  7. United Nations Educational, Scientific and Cultural Organization 463
  8. World Bank Group 463
  9. World Health Organization 463
  10. World Trade Organization 463
D. Other legal issues  
  1. Aggression 464
  2. Aviation Law 465
  3. Collective Security 465
  4. Commercial Arbitration 465
  5. Diplomatic Protection 466
  6. Diplomatic Relations 466
  7. Disarmament 466
  8. Environmental Questions 467
  9. Friendly Relations and Cooperation among States 472
  10. Human Rights 472
  11. International Administrative Law 477
  12. International Commercial Law 478
  13. International Criminal Law 479
  14. International Economic Law 484
  15. International Terrorism 485
  16. International Trade Law 486
  17. International Tribunals 487
  18. International Waterways 494
  19. Intervention and humanitarian intervention 494
  20. Jurisdiction 497
  21. Law of Armed Conflict 497
  22. Law of the Sea 500
  23. Law of Treaties 504
  24. Membership and Representation 505
  25. Most Favored Nation Clause 505
  26. Natural Resources 505
  27. Non-governmental Organizations 506
  28. Non-self-governing Territories 506
  29. Outer Space Law 506
  30. Peaceful Settlement of Disputes 506
  31. Peacekeeping and related activities 507
  32. Piracy 508
  33. Political and Security Questions 508
  34. Progressive Development and Codification of International Law 510
  35. Recognition of States 512
  36. Refugees and internally displaced persons 512
  37. Right of Asylum 514
  38. Rule of Law 514
  39. Self-defence 516
  40. Self-determination 517
  41. State Immunity 517
  42. State Responsibility 518
  43. State Sovereignty 519
  44. State Succession 520
  45. Transitional Justice 520
  46. Use of Force 522
Annex. Organizational chart of the United Nations System 524