| Chapter I. Legislative texts concerning the legal status of the United Nations and related intergovernmental organizations |
 |
| Chapter II. Treaties concerning the legal status of the United Nations and related intergovernmental organizations |
|
| A. |
Treaties concerning the legal status of the United Nations |
|
| |
1. |
Status of the Convention on the Privileges and Immunities of the United Nations. Approved by the General Assembly of the United Nations on 13 February 1946 |
5 |
| |
2. |
Agreements relating to missions, offices and meetings |
5 |
| |
|
|
Memorandum of Understanding between the United Nations represented by the United Nations Mine Action Service and the Syrian Arab Republic Damascus, 4 July 2018 |
5 |
| |
3. |
|
United Nations Population Fund |
14 |
| |
|
|
Exchange of letters constituting an agreement between the Government of the Kingdom of Thailand and the United Nations Population Fund (UNFPA) regarding the establishment of the UNFPA Regional Office for the Asia and Pacific Region in the Kingdom of Thailand, New York, 16 January 2018, and Bangkok, 7 May 2018 |
14 |
| |
4. |
United Nations Entity for Gender Equality and the Empowerment of Women |
15 |
| |
|
|
Exchange of letters constituting an agreement between the Government of Ukraine and the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) relating to the establishment of UN Women Office in Ukraine, New York, 23 May 2018 and 6 July 2018 |
15 |
| 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 |
17 |
| |
2. |
International Atomic Energy Agency |
17 |
| |
|
|
Status of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency, 1959 |
17 |
| |
3. |
Food and Agriculture Organization |
17 |
| |
|
(a) |
Agreements regarding the establishment of FAO Representations and Offices |
17 |
| |
|
(b) |
Agreements for hosting meetings of FAO Bodies |
18 |
| |
|
(c) |
Agreements concerning FAO technical assistance activities |
18 |
| |
4. |
United Nations Educational, Scientific and Cultural Organization |
18 |
| |
5. |
United Nations Industrial Development Organization |
19 |
| |
|
(a) |
Trust fund agreement between UNIDO and the Ministry of Economy, Trade and Industry of Japan (METI) regarding the implementation of a project entitled “Hosting and managing the Private Financing Advisory Network (PFAN)”, 15 December 2017 and 19 January 2018 |
19 |
| |
|
(b) |
Letter of agreement between UNIDO and the Renewable Energy and New Materials Institute (REMI), Ministry of Science and Technology, Lao People’s Democratic Republic regarding the hosting of the Biomass Technology, Information and Learning Centre (BTILC), 31 January 2018 |
19 |
| |
|
(c) |
Memorandum of understanding between UNIDO and the Ministry of Science and Technology (MoST) of the People’s Republic of China, 2 July 2018 |
20 |
| |
|
(d) |
Agreement between UNIDO and Sweden regarding the implementation of a project entitled “Promoting youth employment by supporting technical and vocational education in Liberia”, 10 and 12 December 2018 |
20 |
| |
|
(e) |
Framework readiness and preparatory support grant agreement between UNIDO and the Green Climate Fund (GCF), 3 December 2018 |
20 |
| |
5. |
Organisation for the Prohibition of Chemical Weapons |
21 |
| |
|
(a) |
Agreement between the Organisation for the Prohibition of Chemical Weapons and the Republic of Paraguay on the privileges and immunities of the OPCW, 2018 |
21 |
| |
|
(b) |
Agreement between the Organisation for the Prohibition of Chemical Weapons and the Kingdom of Bahrain on the privileges and immunities of the OPCW, 2018 |
28 |
| |
|
(c) |
Agreement between the Organisation for the Prohibition of Chemical Weapons and the Government of Romania on the privileges and immunities of the OPCW, 2018 |
29 |
| |
6. |
International Organization for Migration |
29 |
| |
7. |
International Criminal Court |
29 |
| |
|
(a) |
Rome Statute of the International Criminal Court |
29 |
| |
|
(b) |
Amendment(s) to the Rome Statute |
29 |
| |
|
(c) |
Ratification/Acceptance of amendments to the Rome Statute |
29 |
| 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 |
33 |
| |
2. |
Peace and Security |
33 |
| |
|
(a) |
Peacekeeping missions and operations |
33 |
| |
|
(b) |
Political and peacebuilding missions |
40 |
| |
|
(c) |
Other bodies |
49 |
| |
|
(d) |
Missions of the Security Council |
51 |
| |
|
(e) |
Action of Member States authorized by the Security Council |
52 |
| |
|
(f) |
Sanctions imposed under Chapter VII of the Charter of the United Nations |
54 |
| |
|
(g) |
Terrorism |
62 |
| |
|
(h) |
Humanitarian law and human rights in the context of peace and security |
65 |
| |
|
(i) |
Comprehensive assessment of United Nations peace operations |
68 |
| |
|
(j) |
Piracy |
68 |
| |
|
(k) |
Migrant smuggling and human trafficking |
69 |
| |
|
(l) |
Other disarmament measures and international security |
69 |
| |
3. |
Disarmament and related matters |
70 |
| |
|
(a) |
Disarmament machinery |
70 |
| |
|
(b) |
Nuclear disarmament and non-proliferation issues |
72 |
| |
|
(c) |
Biological and chemical weapons issues |
75 |
| |
|
(d) |
Conventional weapons issues |
78 |
| |
|
(e) |
Regional disarmament activities of the United Nations |
80 |
| |
|
(f) |
Outer space (disarmament aspects) |
85 |
| |
|
(g) |
Other disarmament measures and international security |
85 |
| |
4. |
Legal aspects of peaceful uses of outer space |
86 |
| |
|
(a) |
Legal Subcommittee on the Peaceful Uses of Outer Space |
86 |
| |
|
(b) |
General Assembly |
90 |
| |
5. |
Human rights |
90 |
| |
|
(a) |
Sessions of the United Nations human rights bodies and treaty bodies |
90 |
| |
|
(b) |
Racism, racial discrimination, xenophobia and related intolerance |
95 |
| |
|
(c) |
Right to development and poverty reduction |
96 |
| |
|
(d) |
Right of peoples to self-determination |
98 |
| |
|
(e) |
Economic, social and cultural rights |
99 |
| |
|
(f) |
Civil and political rights |
103 |
| |
|
(g) |
Rights of the child |
110 |
| |
|
(h) |
Migrants |
112 |
| |
|
(i) |
Internally displaced persons |
113 |
| |
|
(j) |
Minorities |
114 |
| |
|
(k) |
Indigenous issues |
115 |
| |
|
(l) |
Terrorism and human rights |
116 |
| |
|
(m) |
Persons with disabilities |
117 |
| |
|
(n) |
Contemporary forms of slavery |
118 |
| |
|
(o) |
Environment and human rights |
119 |
| |
|
(p) |
Business and human rights |
120 |
| |
|
(q) |
Promotion and protection of human rights |
121 |
| |
|
(r) |
Miscellaneous |
124 |
| |
6. |
Women |
127 |
| |
|
(a) |
United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) |
127 |
| |
|
(b) |
Commission on the Status of Women |
128 |
| |
|
(c) |
Economic and Social Council |
128 |
| |
|
(d) |
General Assembly |
129 |
| |
|
(e) |
Security Council |
129 |
| |
7. |
Humanitarian matters |
129 |
| |
|
(a) |
Economic and Social Council |
129 |
| |
|
(b) |
General Assembly |
129 |
| |
8. |
Environment |
130 |
| |
|
(a) |
United Nations Climate Change Conference in Katowice |
130 |
| |
|
(b) |
Economic and Social Council |
130 |
| |
|
(c) |
General Assembly |
131 |
| |
9. |
Law of the Sea |
133 |
| |
|
(a) |
Reports of the Secretary-General |
133 |
| |
|
(b) |
Consideration by the General Assembly |
134 |
| |
|
(c) |
Consideration by the Meeting of States Parties to the United Nations Convention on the Law of the Sea |
136 |
| |
|
(d) |
Capacity-Building |
137 |
| |
10. |
Crime prevention and criminal justice |
137 |
| |
|
(a) |
Conference of the Parties to the United Nations Convention against Transnational Organized Crime |
137 |
| |
|
(b) |
Commission on Crime Prevention and Criminal Justice |
138 |
| |
|
(c) |
Economic and Social Council |
138 |
| |
|
(d) |
General Assembly |
138 |
| |
11. |
International drug control |
139 |
| |
|
(a) |
Commission on Narcotic Drugs |
139 |
| |
|
(b) |
Economic and Social Council |
140 |
| |
|
(c) |
General Assembly |
140 |
| |
12. |
Refugees and displaced persons |
140 |
| |
|
(a) |
Executive Committee of the Programme of the United Nations High Commissioner for Refugees |
140 |
| |
|
(b) |
General Assembly |
140 |
| |
13. |
International Court of Justice |
141 |
| |
|
(a) |
Organization of the Court |
141 |
| |
|
(b) |
Jurisdiction of the Court |
142 |
| |
|
(c) |
General Assembly |
142 |
| |
14. |
International Law Commission |
142 |
| |
|
(a) |
Membership of the Commission |
142 |
| |
|
(b) |
Seventieth session of the International Law Commission |
143 |
| |
|
(c) |
Sixth Committee |
146 |
| |
|
(d) |
General Assembly |
146 |
| |
15. |
United Nations Commission on International Trade Law |
147 |
| |
|
(a) |
Fifty-first session of the Commission |
147 |
| |
|
(b) |
Sixth Committee |
149 |
| |
|
(c) |
General Assembly |
150 |
| |
16. |
Legal questions dealt with by the Sixth Committee and other related subsidiary bodies of the General Assembly |
150 |
| |
|
(a) |
Criminal accountability of United Nations officials and experts on mission |
151 |
| |
|
(b) |
United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law |
152 |
| |
|
(c) |
Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts |
153 |
| |
|
(d) |
Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives |
154 |
| |
|
(e) |
Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization |
155 |
| |
|
(f) |
The rule of law at the national and international levels |
156 |
| |
|
(g) |
The scope and application of the principle of universal jurisdiction |
157 |
| |
|
(h) |
Protection of persons in the event of disasters |
158 |
| |
|
(i) |
Strengthening and promoting the international treaty framework |
159 |
| |
|
(j) |
Measures to eliminate international terrorism |
160 |
| |
|
(k) |
Revitalization of the work of the General Assembly |
162 |
| |
|
(l) |
Administration of justice at the United Nations |
162 |
| |
|
(m) |
Report of the Committee on Relations with the Host Country |
164 |
| |
|
(n) |
Observer Status in the General Assembly |
165 |
| |
17. |
International Residual Mechanism for Criminal Tribunals |
165 |
| |
|
(a) |
Organization of the International Residual Mechanism for Criminal Tribunals |
165 |
| |
|
(b) |
General Assembly |
167 |
| |
|
(c) |
Security Council |
167 |
| B. |
General review of the legal activities of intergovernmental organizations related to the United Nations |
|
| |
1. |
International Atomic Energy Agency |
168 |
| |
|
(a) |
Membership |
168 |
| |
|
(b) |
Multilateral treaties under IAEA auspices |
168 |
| |
|
(c) |
Safeguards Agreements |
171 |
| |
|
(d) |
Revised supplementary agreements concerning the provision of technical assistance by the IAEA (RSA) |
171 |
| |
|
(e) |
Other Treaties to which IAEA is a party |
171 |
| |
|
(f) |
IAEA legislative assistance activities |
171 |
| |
|
(g) |
Conventions |
172 |
| |
|
(h) |
Civil liability for nuclear damage |
173 |
| |
2. |
Food and Agriculture Organization of the United Nations |
174 |
| |
|
(a) |
Membership |
174 |
| |
|
(b) |
Constitutional and general legal matters |
174 |
| |
|
(c) |
Treaties, Commissions and other Statutory Bodies established under the auspices of FAO |
175 |
| |
|
(d) |
Data management and data protection |
176 |
| |
|
(e) |
A revamped strategy against sexual exploitation and abuse and sexual harassment |
177 |
| |
|
(f) |
Information provided by FAO to, and in collaboration with, other UN System entities |
177 |
| |
|
(g) |
Legislative assistance |
178 |
| |
|
(h) |
Legislative studies, Legal Papers Online and other technical papers |
180 |
| |
|
(i) |
Employment-related matters |
180 |
| |
3. |
United Nations Educational, Scientific and Cultural Organization |
181 |
| |
|
(a) |
International regulations |
181 |
| |
|
(b) |
Human rights |
182 |
| |
4. |
International Civil Aviation Organization |
183 |
| |
|
(a) |
Depositary actions in relation to multilateral air law instruments |
183 |
| |
|
(b) |
Activities of ICAO in the legal field |
183 |
| |
5. |
International Maritime Organization |
188 |
| |
|
(a) |
Membership of the Organization |
188 |
| |
|
(b) |
Review of the legal activities |
188 |
| |
6. |
International Fund for Agricultural Development |
193 |
| |
|
(a) |
Governing Council |
193 |
| |
|
(b) |
Executive Board |
195 |
| |
7. |
United Nations Industrial Development Organization |
197 |
| |
|
(a) |
Constitutional matters |
197 |
| |
|
(b) |
Agreements and other arrangements concluded in 2018 |
198 |
| |
8. |
Organization for the Prohibition of Chemical Weapons |
198 |
| |
|
(a) |
Membership |
198 |
| |
|
(b) |
Legal Status, Privileges and Immunities and International Agreements |
198 |
| |
|
(c) |
Legislative Assistance Activities |
198 |
| |
|
(d) |
Review of the Chemical Weapons Convention (“the Convention”) |
200 |
| |
|
(e) |
Other normative development and activities of the Policy-Making Organs |
201 |
| |
9. |
International Organization for Migration |
202 |
| |
|
|
Global Compact for Safe, Orderly and Regular Migration |
202 |
| |
10. |
International Criminal Court |
203 |
| |
|
(a) |
Situations under Preliminary Examination |
203 |
| |
|
(b) |
Completed Preliminary Examinations |
211 |
| |
|
(c) |
Situations and Cases |
213 |
| |
|
(d) |
Outstanding Requests for Arrest and Surrender |
226 |
| |
|
(e) |
Victims’ participation in the proceedings: recent developments |
227 |
| |
|
(f) |
Developments concerning the relationship between the ICC and the United Nations |
228 |
| 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 |
233 |
| B. |
Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations |
233 |
| Chapter V. Decisions of the administrative tribunals of the United Nations and related intergovernmental organizations |
|
| A. |
Decisions of the United Nations Dispute Tribunal |
235 |
| B. |
Decisions of the United Nations Appeals Tribunal |
235 |
| |
1. |
Judgment No. 2018-UNAT-811 (22 March 2018): Aghadiuno v. Secretary-General of the United Nations |
|
| |
|
|
Disciplinary proceedings—Proportionality of disciplinary measures—Provision of forged and falsified documents serious misconduct meriting summary dismissal |
235 |
| |
2. |
Judgment No. 2018-UNAT-819 (22 March 2018): Mbaigolmem v. Secretary-General of the United Nations |
|
| |
|
|
Disciplinary proceedings—Standard of proof—Evidence of credible report, coherent hearsay evidence, consistent witness statements, unsatisfactory statement of staff member sufficient to establish clear and convincing evidence—Proportionality of disciplinary measures—Organization entitled to pursue severe approach to sexual harassment—Separation from service proportionate disciplinary measure for sexual harassment |
236 |
| |
3. |
Judgment No. 2018-UNAT-826 (22 March 2018): Ocokoru v. Secretary-General of the United Nations |
|
| |
|
|
Application for execution of judgment—Article 11, paragraph 4, of UNAT Statute—Article 27 of UNAT Rules of Procedure—Application for execution of UNDT judgment not receivable by UNAT—Decision that appeal not receivable does not affect judgment appealed |
237 |
| |
4. |
Judgment No. 2018-UNAT-840 (29 June 2018): Lloret Alcañiz et al. v. Secretary-General of the United Nations |
|
| |
|
|
Salaries and related allowances—Consideration of appeal by full UNAT bench under article 10 of UNAT Statute—Decision of Secretary-General to implement changed salary scale administrative decision—No acquired right in respect of future salary scales—Authority of General Assembly to unilaterally amend salary entitlements—Decision of General Assembly not to provide for transitional allowance not administrative decision |
237 |
| |
5. |
Judgment No. 2018-UNAT-843 (29 June 2018): Kozul-Wright v. Secretary-General of the United Nations |
|
| |
|
|
Privileges and immunities—Decision of Secretary-General to waive immunity of staff member not an administrative decision—Obligation of the Organization to comply with legal obligations to Member States |
239 |
| |
6. |
Judgment No. 2018-UNAT-847 (29 June 2018): Timothy v. Secretary-General of the United Nations |
|
| |
|
|
Separation from service—Termination of appointment for abolition of post under Staff Rule 9.6—Obligation of Organization to consider displaced staff member for suitable vacant or likely to become vacant posts at or below grade level—Organization must make proper, reasonable and good faith efforts to find alternative post—Obligation limited to posts for which staff member fully competent—No obligation to consider staff member in General Services category for posts in Professional and Higher Categories—No right of staff member to be retained in occupied posts—Obligation of staff member to apply for suitable vacant posts |
240 |
| |
7. |
Judgment No. 2018-UNAT-873 (26 October 2018): Belkhabbaz (formerly Oummih) v. Secretary-General of the United Nations |
|
| |
|
|
Investigation of prohibited conduct under ST/SGB/2008/5—Recission of decision to take no further action in light of evidence of possible retaliation or harassment—Appointment of investigation panel from roster does not result in nullity if selection not unreasonable—Dispute Tribunal order to initiate disciplinary proceedings impinges on authority of Assistant Secretary-General, Office of Human Resources Management—Reduction of moral damages for contribution to delay |
241 |
| |
8. |
Judgment No. 2018-UNAT-892 (26 October 2018): Ozturk v. Secretary-General of the United Nations |
|
| |
|
|
Family and child support obligations of staff members—Authority of Secretary-General to garnish wages under ST/SGB/1999/4 discretionary—Obligation of Secretary-General to take all relevant factors into account in exercising discretionary authority—Exercise of discretion not inconsistent with obligation of Organization not to intervene in matters within domestic jurisdiction of Member States |
243 |
| C. |
Decisions of the Administrative Tribunal of the International Labour Organization |
244 |
| D. |
Decisions of the World Bank Administrative Tribunal |
244 |
| E. |
Decisions of the Administrative Tribunal of the International Monetary Fund |
244 |
| |
|
Order No. 2017–2 (1 May 2018): Ms. “NN”, Applicant v. International Monetary Fund, Request for Revision of Judgment No. 2017–2 |
|
| |
|
|
Request for revision of judgment—Reconsideration of quantum of compensation—Requirement for fact or document unknown to tribunal and party making application for revision—Request for interpretation of judgment—Interpretation appropriate only if judgment obscure or incomplete—Inadmissibility of new complaint not given prior review |
245 |
| 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 |
|
| |
1. |
Privileges and immunities |
247 |
| |
|
|
Aide-mémoire concerning exemption from payment of employer contributions by the United Nations to national social security schemes |
247 |
| |
2. |
Procedural and institutional issues |
249 |
| |
|
(a) |
Inter-office memorandum from the Assistant Secretary-General for Legal Affairs to the Executive Secretary of the United Nations Board and Panel of External Auditors, regarding the status of individuals engaged by the United Nations Board of Auditors to assist in the performance of United Nations audits |
249 |
| |
|
(b) |
Letter from the Assistant Secretary-General for Legal Affairs in charge of the Office of Legal Affairs to the Chair of the Third Committee of the General Assembly, regarding the legal basis for interaction by the Commission of Inquiry on Burundi and the Third Committee |
252 |
| |
|
(c) |
Inter-office memorandum from the Assistant Secretary-General for Legal Affairs to the Director of the Outreach Division, Department of Public Information, concerning the International Organization for Migration joining as a member of the United Nations Electronic Acquisitions Consortium (“UNSEIAC”) |
255 |
| B. |
Legal opinions of the secretariats of intergovernmental organizations related to the United Nations |
|
| |
|
United Nations Industrial Development Organization |
257 |
| |
|
(a) |
Internal e-mail message to the Chief of the UNIDO Regional Division concerning an agreement with an intergovernmental organization (IGO) |
257 |
| |
|
(b) |
External e-mail message to the Legal Adviser of the [UN Organization] concerning a query on delegation of authority |
258 |
| |
|
(c) |
Internal e-mail message to the Director of the UNIDO Department of External Relations |
258 |
| |
|
(d) |
Internal e-mail message to the UNIDO Country Representative concerning the legal status of UNIDO office in [State] |
261 |
| |
|
(e) |
Internal e-mail message to the Industrial Development Officer of the UNIDO Agro-Industries Technology Division concerning the proper copyrights for UNIDO training and learning tools |
262 |
| |
|
(f) |
Internal e-mail message to the Chief of the UNIDO Financial Management of Technical Cooperation Division concerning a claim of UNIDO ISA holder for VAT refund |
263 |
| |
|
(g) |
Note verbale to the [Federal Ministry] concerning an ongoing dispute of an UNIDO ISA holder with the [Host Country] |
264 |
| |
|
(h) |
Note verbale to the Ministry of Foreign Affairs of [State] concerning the airport tax being levied on officials and experts holding [State] passports |
264 |
| |
|
(i) |
Internal e-mail message to the Officer of the UNIDO Advocacy and Media Relations Division concerning UNIDO’s membership with [Association] as an “extraordinary member” |
265 |
| |
|
(j) |
External e-mail message to the Legal Adviser of [UN Organization] concerning the disclosure of reports of internal appeal committees to appellant staff |
266 |
| |
|
(k) |
Internal e-mail message to the UNIDO Senior Human Resource Officer concerning the education grant claim by ex-wife of [Name A] |
268 |
| |
|
(l) |
Internal e-mail message to the Director of the UNIDO Department of External Relations concerning the communications addressed to the UNIDO Secretariat on the resumed seventeenth session of the General Conference |
268 |
| |
|
(m) |
Internal e-mail message to the Director of the UNIDO Department of External Relations concerning the written questions from the [IGO] delegation on the resumed seventeenth session of the General Conference |
271 |
