Chapter III. General review of the legal activities of the United Nations and related intergovernmental organizations |
 |
A. |
General review of the legal activities of the United Nations |
|
|
1. |
Membership of the United Nations |
81 |
|
2. |
Peace and Security |
81 |
|
|
(a) |
Peacekeeping missions and operations |
81 |
|
|
(b) |
Political and peacebuilding missions |
87 |
|
|
(c) |
Other bodies |
92 |
|
|
(d) |
Missions of the Security Council |
93 |
|
|
(e) |
Action of Member States authorized by the Security Council |
95 |
|
|
(f) |
Sanctions imposed under Chapter VII of the Charter of the United Nations |
98 |
|
|
(g) |
Terrorism |
105 |
|
|
(h) |
Humanitarian law and human rights in the context of peace and security |
109 |
|
|
(i) |
Comprehensive assessment of United Nations peace operations |
112 |
|
|
(j) |
Review of the Peacebuilding Architecture |
113 |
|
|
(k) |
Piracy |
113 |
|
|
(l) |
Migrant smuggling and human trafficking |
113 |
|
3. |
Disarmament and related matters |
114 |
|
|
(a) |
Disarmament machinery |
114 |
|
|
(b) |
Nuclear disarmament and non-proliferation issues |
116 |
|
|
(c) |
Biological and chemical weapons issues |
118 |
|
|
(d) |
Conventional weapons issues |
119 |
|
|
(e) |
Regional disarmament activities of the United Nations |
122 |
|
|
(f) |
Outer space (disarmament aspects) |
125 |
|
|
(g) |
Other disarmament measures and international security |
126 |
|
4. |
Legal aspects of peaceful uses of outer space |
126 |
|
|
(a) |
Legal Subcommittee on the Peaceful Uses of Outer Space |
126 |
|
|
(b) |
General Assembly |
130 |
|
5. |
Human Rights |
130 |
|
|
(a) |
Sessions of the United Nations human rights bodies and treaty bodies |
130 |
|
|
(b) |
Racism, racial discrimination, xenophobia and related intolerance |
135 |
|
|
(c) |
Right to development and poverty reduction |
137 |
|
|
(d) |
Right of peoples to self-determination |
138 |
|
|
(e) |
Economic, social and cultural rights |
139 |
|
|
(f) |
Civil and political rights |
142 |
|
|
(g) |
Rights of the child |
148 |
|
|
(h) |
Migrants |
150 |
|
|
(i) |
Internally displaced persons |
150 |
|
|
(j) |
Minorities |
151 |
|
|
(k) |
Indigenous issues |
152 |
|
|
(l) |
Terrorism and human rights |
152 |
|
|
(m) |
Persons with disabilities |
154 |
|
|
(n) |
Contemporary forms of slavery |
154 |
|
|
(o) |
Environment and human rights |
155 |
|
|
(p) |
Business and human rights |
156 |
|
|
(q) |
Promotion and protection of human rights |
156 |
|
|
(r) |
Miscellaneous |
159 |
|
6. |
Women |
161 |
|
|
(a) |
United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) |
161 |
|
|
(b) |
Commission on the Status of Women |
162 |
|
|
(c) |
Economic and Social Council |
162 |
|
|
(d) |
General Assembly |
163 |
|
|
(e) |
Security Council |
163 |
|
7. |
Humanitarian matters |
163 |
|
|
(a) |
Economic and Social Council |
163 |
|
|
(b) |
General Assembly |
164 |
|
8. |
Environment |
164 |
|
|
(a) |
United Nations Climate Change Conference in Bonn |
164 |
|
|
(b) |
Economic and Social Council |
165 |
|
|
(c) |
General Assembly |
165 |
|
9. |
Law of the Sea |
167 |
|
|
(a) |
Reports of the Secretary-General |
167 |
|
|
(b) |
Consideration by the General Assembly |
168 |
|
|
(c) |
Consideration by the Meeting of States Parties to the United Nations Convention on the Law of the Sea |
169 |
|
10. |
Crime prevention and criminal justice |
170 |
|
|
(a) |
Conference of the States Parties to the United Nations Convention against Corruption |
170 |
|
|
(b) |
Commission on Crime Prevention and Criminal Justice (CCPJ) |
170 |
|
|
(c) |
Economic and Social Council |
171 |
|
|
(d) |
General Assembly |
171 |
|
11. |
International drug control |
172 |
|
|
(a) |
Commission on Narcotic Drugs |
172 |
|
|
(b) |
Economic and Social Council |
173 |
|
|
(c) |
General Assembly |
173 |
|
12. |
Refugees and displaced persons |
173 |
|
|
(a) |
Executive Committee of the Programme of the United Nations High Commissioner for Refugees |
173 |
|
|
(b) |
General Assembly |
173 |
|
13. |
International Court of Justice |
174 |
|
|
(a) |
Organization of the Court |
174 |
|
|
(b) |
Jurisdiction of the Court |
175 |
|
|
(c) |
General Assembly |
175 |
|
14. |
International Law Commission |
175 |
|
|
(a) |
Membership of the Commission |
175 |
|
|
(b) |
Sixty-ninth session of the International Law Commission |
176 |
|
|
(c) |
Sixth Committee |
178 |
|
|
(d) |
General Assembly |
178 |
|
15. |
United Nations Commission on International Trade Law |
179 |
|
|
(a) |
Fiftieth session of the Commission |
179 |
|
|
(b) |
Sixth Committee |
181 |
|
|
(c) |
General Assembly |
181 |
|
16. |
Legal questions dealt with by the Sixth Committee and other related subsidiary bodies of the General Assembly |
182 |
|
|
(a) |
Criminal accountability of United Nations officials and experts on mission |
182 |
|
|
(b) |
United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law |
183 |
|
|
(c) |
Expulsion of aliens |
184 |
|
|
(d) |
Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization |
185 |
|
|
(e) |
The rule of law at the national and international levels |
187 |
|
|
(f) |
The scope and application of the principle of universal jurisdiction |
187 |
|
|
(g) |
Effects of armed conflicts on treaties |
188 |
|
|
(h) |
Responsibility of international organizations |
189 |
|
|
(i) |
Measures to eliminate international terrorism |
190 |
|
|
(j) |
Revitalization of the work of the General Assembly |
192 |
|
|
(k) |
Administration of justice at the United Nations |
193 |
|
|
(l) |
Report of the Committee on Relations with the Host Country |
194 |
|
|
(m) |
Observer Status in the General Assembly |
195 |
|
17. |
Ad hoc international criminal tribunals |
197 |
|
|
(a) |
Organization of the International Criminal Tribunal for the former Yugoslavia |
197 |
|
|
(b) |
General Assembly |
198 |
|
|
(c) |
Security Council |
198 |
B. |
General review of the legal activities of intergovernmental organizations related to the United Nations |
|
|
1. |
International Labour Organization |
199 |
|
|
(a) |
Adoption of a Recommendation and resolutions, and withdrawal or abrogation of six Conventions, by the International Labour Conference during its 106th Session (Geneva, June 2017) |
199 |
|
|
(b) |
The Standards Review Mechanism Tripartite Working Group |
202 |
|
|
(c) |
Guidance documents submitted to the Governing Body of the International Labour Office |
203 |
|
|
(d) |
Special Tripartite Committee established under Article XIII of the Maritime Labour Convention, 2006 (MLC, 2006) |
204 |
|
|
(e) |
Legal Advisory Services and Training |
204 |
|
|
(f) |
Committee on Freedom of Association |
204 |
|
|
(g) |
Representations submitted under article 24 of the ILO Constitution and complaints made under article 26 of the ILO Constitution |
205 |
|
2. |
Food and Agriculture Organization of the United Nations |
205 |
|
|
(a) |
Membership |
205 |
|
|
(b) |
Constitutional and general legal matters |
205 |
|
|
(c) |
Treaties, Commissions and other Statutory Bodies established under the auspices of the FAO |
207 |
|
|
(d) |
FAO’s digital strategy and use of cloud-based solutions |
207 |
|
|
(e) |
Information provided by FAO to, and in collaboration with, other United Nations System entities (LEGN) |
208 |
|
|
(f) |
Legislative assistance (LEGN) |
209 |
|
|
(g) |
Legislative studies, Legal Papers Online and other technical papers (LEGN) |
211 |
|
3. |
United Nations Educational, Scientific and Cultural Organization |
211 |
|
|
(a) |
International regulations |
211 |
|
|
(b) |
Human Rights |
212 |
|
4. |
World Health Organization |
213 |
|
|
(a) |
Institutional and administrative matters |
213 |
|
|
(b) |
Other Normative Developments and Activities |
214 |
|
5. |
International Monetary Fund |
215 |
|
|
(a) |
Membership |
215 |
|
|
(b) |
Key Policy Decisions of the IMF |
216 |
|
6. |
International Civil Aviation Organization |
221 |
|
|
(a) |
Depositary actions in relation to multilateral air law instruments |
221 |
|
|
(b) |
Activities of ICAO in the legal field |
221 |
|
7. |
Universal Postal Union |
225 |
|
|
(a) |
Agreements concluded by the Universal Postal Union |
225 |
|
|
(b) |
Establishment of formal relations between the UPU and other entities |
226 |
|
|
(c) |
Amendments to the Regulations to the Universal Postal Convention |
226 |
|
8. |
World Meteorological Organization |
226 |
|
|
(a) |
Membership |
226 |
|
|
(b) |
Agreements and other arrangements concluded in 2017 |
226 |
|
9. |
United Nations Industrial Development Organization |
231 |
|
10. |
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO) |
231 |
|
|
(a) |
Membership |
231 |
|
|
(b) |
Legal status, privileges and immunities and international agreements |
232 |
|
|
(c) |
Legislative Assistance Activities |
232 |
|
11. |
International Atomic Energy Agency |
232 |
|
|
(a) |
Membership |
232 |
|
|
(b) |
Multilateral treaties under IAEA auspices |
233 |
|
|
(c) |
Safeguards Agreements |
235 |
|
|
(d) |
Revised supplementary agreements concerning the provision of technical assistance by the IAEA (RSA) |
236 |
|
|
(e) |
Other Treaties to which IAEA is a party |
236 |
|
|
(f) |
IAEA legislative assistance activities |
236 |
|
|
(g) |
Conventions |
237 |
|
|
(h) |
Civil liability for nuclear damage |
239 |
|
12. |
Organization for the Prohibition of Chemical Weapons |
240 |
|
|
(a) |
Membership |
240 |
|
|
(b) |
Legal status, privileges and immunities and international agreements |
240 |
|
|
(c) |
Legislative assistance activities |
240 |
|
13. |
World Trade Organization |
242 |
|
|
(a) |
Membership |
242 |
|
|
(b) |
Dispute Settlement |
243 |
|
|
(c) |
Amendments to the WTO Agreement |
245 |
|
14. |
International Criminal Court |
246 |
|
|
(a) |
Situations under preliminary examinations |
246 |
|
|
(b) |
Completed Preliminary Examinations |
248 |
|
|
(c) |
Situations under investigation |
249 |
|
|
(d) |
Victims’ participation in the proceedings: recent developments |
255 |
|
|
(e) |
Developments concerning the relationship between the ICC and the United Nations |
256 |
Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations |
 |
A. |
Treaties concerning international law concluded under the auspices of the United Nations |
259 |
B. |
Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations |
259 |
|
1. |
World Health Organisation |
259 |
|
2. |
International Criminal Court |
259 |
Chapter V. Decisions of the administrative tribunals of the United Nations and related intergovernmental organizations |
 |
A. |
United Nations Dispute Tribunal |
261 |
|
1. |
Judgment No. UNDT/2017/018 (10 March 2017): Wondimu v. Secretary-General of the United Nations |
|
|
|
|
Non-reassignment—Revocation of appointment—Removal from post—Readvertisement of post |
261 |
|
2. |
Judgment No. UNDT/2017/062 (4 August 2017): Chama v. Secretary-General of the United Nations |
|
|
|
|
Proposed abolition of post—Receivability of application—Downsizing |
263 |
|
3. |
Judgment No. UNDT/2017/078 (28 September 2017): Buckley v. Secretary-General of the United Nations |
|
|
|
|
Compensation for loss of or damage to personal effects attributable to service—Duty of care in emergency situations—Negligence |
264 |
|
4. |
Judgment No. UNDT/2017/080 (29 September 2017): Timothy v. Secretary-General of the United Nations |
|
|
|
|
Abolition of Post—Indefinite appointment—Separation from service—Administration’s Obligation under Staff Rule 9.6(e) and 9.6(f) |
265 |
|
5. |
Judgment No. UNDT/2017/091 (29 November 2017): Campeau v. Secretary-General of the United Nations |
|
|
|
|
United nations privileges and immunities—Duty to cooperate with national authorities—Exercise discretion—Duty of care |
267 |
|
6. |
Judgment No. UNDT/2017/097 (29 December 2017): Lloret Alcaniz, Zhao, Xie, Kutner and Krings v. Secretary-General of the United Nations |
|
|
|
|
Conversion of a portion of the salary into an allowance—Acquired rights |
269 |
B. |
Decisions of the United Nations Appeals Tribunal |
272 |
|
1. |
Judgment No. 2017-UNAT-742 (31 March 2017): Kallon v. Secretary-General of the United Nations |
|
|
|
|
Claims for moral damages supported by only the complainant’s testimony satisfies the burden of proof if found to be reliable and credible |
272 |
|
2. |
Judgment no. 2017-UNAT-750, Judgment No. 2017-UNAT-751, Judgment No. 2017-UNAT-752, Judgment No. 2017-UNAT-753, Judgment No. 2017-UNAT-754, Judgment No. 2017-UNAT-755, Judgment No. 2017-UNAT-756 (14 July 2017): Kagizi et al., Wanza et al., Baguma et al., Kiluwe et al., Kisubi et al., Ramzani et al. and Nkashama et al. v. Secretary-General of the United Nations |
|
|
|
|
Non-renewal of appointment not appealable when properly implemented in consequence of General Assembly’s decision to abolish posts |
273 |
|
3. |
Judgment 2017-UNAT-759, Judgment 2017-UNAT-763, Judgment 2017-UNAT-764, Judgment 2017-UNAT-765, Judgment 2017-UNAT-766, Judgment 2017-UNAT-767, and Judgment 2017-UNAT-768 (14 July 2017): Hassanin, Crotty, Zachariah, Fasanella, Alsado, Wrigth, and Smith v. Secretary-General of the United Nations |
|
|
|
|
United Nations’ obligation to give priority consideration to permanent staff facing termination due to abolition of post |
274 |
|
4. |
Judgment 2017-UNAT-785 (27 October 2017): Smith v. Secretary-General of the United Nations |
|
|
|
|
Temporary job opening announced internally—Restriction limiting recruitment to staff members at a particular duty station is unlawful |
275 |
|
5. |
Judgment 2017-UNAT-787 (27 October 2017): Auda v. Secretary-General of the United Nations |
|
|
|
|
Testimonial evidence without corroboration by independent evidence (expert or otherwise) is not satisfactory proof to support an award of moral damages |
275 |
|
6. |
Judgment 2017-UNAT-801 and Judgment No. 2017-UNAT-807 (27 October 2017): Faye and Rockcliffe v. Secretary-General of the United Nations |
|
|
|
|
Staff members of the pension fund duly elected to the United Nations Pension Fund’s Staff Pension Committee have the same rights/privileges as other elected members |
276 |
|
7. |
Judgment 2017-UNAT-802 (27 October 2017): Riecan v. Secretary-General of the United Nations |
|
|
|
|
No need for interview panel to consider e-Pas of applicants and reflect consideration of e-Pas in assessment report |
276 |
C. |
Decisions of the Administrative Tribunal of the International Labour Organization |
278 |
D. |
Decisions of the World Bank Administrative Tribunal |
278 |
E. |
Decisions of the Administrative Tribunal of the International Monetary Fund |
279 |
|
1. |
Judgment No. 2017-1 (15 November 2017): Mr. “MM” v. International Monetary Fund |
|
|
|
|
Decision of the Staff Retirement Plan (SRP) Administration Committee Granting Request of Former Spouse To Give Effect to Divorce Judgment Awarding Marital Portion of Applicant’s Future Pension Payments—Interpretation of The Provisions of SRP Section 11.3 and implementing Rules |
279 |
|
2. |
Judgment No. 2017-2 (11 December 2017): Ms. “NN” v. International Monetary Fund |
|
|
|
|
Denial of opportunity to compete for vacancy as a Result of Absence of Pre-screening Interview—Departments discretion to fashion their own Selection Processes—Binding Character of Elected Selection Processes—Prejudgment of Applicant’s Suitability for a Vacancy without subjecting her to the Established Process for Making the Selection Decision—Abuse of Discretion by Fund When Deciding not to afford Applicant a Pre-Screening Interview |
281 |
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 |
283 |
|
|
Procedural and institutional issues |
283 |
|
|
(a) |
Letter from the Under-Secretary-General for Legal Affairs and United Nations Legal Counsel to the CEO and Chairperson of the Global Environment Facility (GEF), Washington, D.C., regarding the participation of the GEF in meetings of the United Nations |
283 |
|
|
(b) |
Note to the Chef de Cabinet, Executive Office of the Secretary-General (“EOSG”), regarding the status of the African Union in the United Nations |
285 |
|
|
(c) |
E-mail message to the Secretary, First Committee, and Chief, Disarmament and Peace Affairs Branch, regarding the election of an ambassador accredited to the United Nations Office at Geneva (“UNOG”) as Chair of a Main Committee of the General Assembly |
287 |
|
|
(d) |
Note from the Assistant Secretary-General for Legal Affairs to the Chef de Cabinet, Executive Office of the Secretary-General (“EOSG”), regarding the Secretary-General’s authority to establish a follow-on mechanism to a Board of Inquiry |
288 |
B. |
Legal opinions of the secretariats of intergovernmental organizations related to the United Nations |
290 |
|
1. |
International Labour Organization |
290 |
|
|
(a) |
Legal opinions rendered during the 106th session of the International Labour Conference (June 2017) |
290 |
|
|
(b) |
Legal opinions rendered at the Meeting of the Working Group of the Special Tripartite Committee established under Article XIII of the Maritime Labour Convention, 2006 (MLC, 2006) |
291 |
|
2. |
United Nations Industrial Development Organization |
293 |
|
|
(a) |
Internal e-mail message to the Officer-in-Charge of the UNIDO Department of Operational Support Services concerning the responsibility for fire insurance at the [United Nations Headquarters] |
293 |
|
|
(b) |
Internal e-mail message to the Investigator of the UNIDO Office of Internal Oversight and Ethics concerning the unauthorized registration of UNIDO trademark regarding a project |
294 |
|
|
(c) |
Internal e-mail message to the UNIDO Senior Human Resource Officer concerning the status of the [NGO] at the [United Nations Headquarters] |
296 |
|
|
(d) |
Internal e-mail message to the Officer-in-Charge of the UNIDO Department of Operational Support Services |
297 |
|
|
(e) |
External e-mail message to the Legal Adviser of the [UN Organization] concerning the scope of Section 21 of the Convention on the Privileges and Immunities of the Specialized Agencies |
298 |
|
|
(f) |
Internal e-mail message to a UNIDO consultant concerning childcare allowance |
299 |
|
|
(g) |
External e-mail message to the Legal Adviser of the [United Nations Organization] concerning claims by private domestic helpers against UNIDO officials |
301 |
|
|
(h) |
Note verbale to the [Federal Ministry] concerning the residency issues of retirees and officials in [Host Country] |
301 |
|
|
(i) |
External e-mail message to the Legal Adviser of the [United Nations Organization] concerning tax exemption on United Nations pensions in [Host Country] |
302 |
|
|
(j) |
Note verbale to the [Federal Ministry] concerning a dispute between a UNIDO consultant and [regional social security institution] on childcare allowance |
303 |
|
|
(k) |
External e-mail to the United Nations Legal Counsel in relation to Criminal accountability of United Nations officials and experts on mission |
305 |
|
|
(l) |
Note verbale to the [Federal Ministry] of [Host Country] concerning a former member of an association, being denied access to the [United Nations Headquarters] |
308 |
|
|
(m) |
External e-mail to the Legal Adviser of the [UN Organization] concerning the selection and appointment of the Executive Head |
309 |
|
|
(n) |
Internal e-mail to the UNIDO Programme Officer concerning a letter of credentials of UNIDO Representative in the [State] |
310 |
|
|
(o) |
Internal e-mail to the UNIDO Director of the Office of Internal Oversight and Ethics concerning the position of the ILO Administrative Tribunal on burden of proof required for misconduct |
311 |
|
|
(p) |
Internal e-mail to the UNIDO consultant concerning tax status of [Host Country] consultants |
312 |
|
|
(q) |
Internal e-mail to the UNIDO Officer-in-Charge of the UNIDO Department of Operational Support Services concerning a Joint Inspection Unit (“JIU”) study on administrative support services |
313 |
|
|
(r) |
Internal e-mail to the Managing Director of the UNIDO Department concerning a request for UNIDO’s endorsement |
314 |
|
|
(s) |
Internal e-mail to the Chief of the UNIDO Financial Management of Technical Cooperation Division concerning a proposed amendment to Staff Regulation 6.8 |
315 |
|
|
(t) |
Internal e-mail to the Chief of the UNIDO Department of Finance concerning the Interpretation of Financial Regulation 4.2 on unencumbered balance of the appropriations |
317 |
|
|
(u) |
External e-mail to a certified auditor and tax consultant of [Host Country] concerning the interpretation of 24 (c) of Headquarters Agreement regarding valued added taxes (VAT) |
318 |
|
|
(v) |
Internal e-mail to the Chief of the UNIDO Financial Management of Technical Cooperation Division concerning taxation of UNIDO in [State] |
319 |
|
|
(w) |
Note verbale to the [Federal Ministry] of [Host Country] concerning issuance of a legitimation card for a senior official of UNIDO |
320 |
|
|
(x) |
Internal e-mail to the UNIDO Director of Policymaking Organs concerning the acceptance of new agenda items and draft resolution to the seventeenth session of the UNIDO General Conference |
320 |
|
3. |
Universal Postal Union |
322 |
|
|
|
Legal Affairs Directorate memorandum No. 01/2017 to the Council of Administration—Legal assessment of issues arising from certain measures announced by the designated operator of the [name of State] |
322 |
C. |
Specific issues arising from the applicable legal principles and provisions |
327 |
D. |
Ancillary considerations potentially stemming from the General Agreement on Trade in Services |
336 |
E. |
Potential consequences in case of violation of the Acts of the Union |
338 |
F. |
Conclusions and possible recommendations |
339 |