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United Nations Juridical Yearbook, 1998

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United Nations Juridical Yearbook, 1998 Extract from: UNITED NATIONS JURIDICAL YEARBOOK 1998 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 Copyright (c) United Nations CONTENTS (continued) Page (c) Memorandum of Understanding between the United Nations Industrial Development Organization and the Government of Lebanon on continued operation in 1998 of a UNIDO field office in Beirut covering Lebanon, the Syrian Arab Republic and Jordan. Signed on 25 June 1998 . 159 7. International Atomic Energy Agency Protocol additional to the Agreement between the International Atomic Energy Agency and the Hashemite Kingdom of Jordan for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. Done at Vienna on 28 July 1998 . 160 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 ORGANI- ZATIONS A. GENERAL REVIEW OF THE LEGAL ACTIVITIES OF THE UNITED NATIONS 1. Disarmament and related matters . 173 2. Other political and security questions . 176 3. Environmental, economic, social, humanitarian and cultural questions . 178 4. Law of the sea . 192 5. International Court of Justice . 194 6. International Law Commission . 223 7. United Nations Commission on International Trade Law . 225 8. Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies . 226 9. United Nations Institute for Training and Research . 229 B. GENERAL REVIEW OF THE LEGAL ACTIVITIES OF INTERGOVERN- MENTAL ORGANIZATIONS RELATED TO THE UNITED NATIONS 1. International Labour Organization . 229 2. Food and Agriculture Organization of the United Nations . 232 3. United Nations Educational, Scientific and Cultural Organ- ization . 233 4. World Bank. 235 5. International Monetary Fund . 238 6. International Civil Aviation Organization . 243 7. Universal Postal Union . 244 viii CONTENTS (continued) Page 8. International Maritime Organization . 245 9. World Intellectual Property Organization. 253 10. United Nations Industrial Development Organization . 262 11. International Atomic Energy Agency . 265 CHAPTER IV. TREATIES CONCERNING INTERNATIONAL LAW CON- CLUDED UNDER THE AUSPICES OF THE UNITED NATIONS AND RE- LATED INTERGOVERNMENTAL ORGANIZATIONS TREATIES CONCERNING INTERNATIONAL LAW CONCLUDED UNDER THE AUSPICES OF THE UNITED NATIONS 1. Protocol on the Privileges and Immunities of the International Seabed Authority. Done at Kingston, Jamaica, on 27 March 1998. 275 2. Tampere Convention on the provision of telecommunication resources for disaster mitigation and relief operations. Done at Aarhus, Denmark, on 25 June 1998 . 282 3. Rome Statute of the International Criminal Court. Done at Rome on 17 July 1998. 294 4. Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade. Done at Rotterdam on 20 September 1998 . 360 CHAPTER V. DECISIONS OF ADMINISTRATIVE TRIBUNALS OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANI- ZATIONS A. DECISIONS OF THE UNITED NATIONS ADMINISTRATIVE TRIBUNAL 1. Judgement No. 870 (31 July 1998): Choudhury and Ramchandani v. the Secretary-General of the United Nations Non-promotion— Question of bias or discrimination — Com- mittee taking administrative decisions should be properly constituted — Mere expectancy of promotion does not cre- ate a right to promotion . 381 2. Judgement No. 872 (31 July 1998): Hjelmqvist v. the Secretary- General of the United Nations Question of a grossly negligent medical evacuation — Com- pensation for service-incurred injury — Question of reim- bursement for travel expenses — Appendix D to the United Nations Staff Rules — Compensation of an unreasonable delay — Entitlement to daily subsistence allowance while recuperating from an injury — Access to United Nations medical files—Award of compensation under special cir- cumstances . 382 ix Chapter III GENERAL REVIEW OF THE LEGAL ACTIVITIES OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANI- ZATIONS A. General review of the legal activities of the United Nations 1. DISARMAMENT AND RELATED MATTERS1 (a) Nuclear disarmament issues During 1998, the Conference on Disarmament was unable to overcome the ex- isting differences in perception among its members concerning the item on cessation of the nuclear arms race and nuclear disarmament, and only in August established an ad hoc committee on the question of a treaty banning the production of fissile material for nuclear weapons. Also during the year, the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization2 and its subsidiary bodies proceeded with their tasks of establishing an effective global verification regime and with other ac- tivities necessary for the implementation of the Treaty, and preparations for the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons of 19683 continued at the second session of the Preparatory Committee. The International Atomic Energy Agency (IAEA) continued with efforts to strengthen and increase the effectiveness of its safeguards system. The number of States signatories to the Model Protocol Additional to Safeguards Agreements,4 which provides IAEA with the legal authority to implement a more effective safe- guards system to detect and verify possible non-peaceful nuclear activities in a State at an early stage, increased to 35.5 The United Nations Special Commission (UNSCOM) continued its activities related to verifying Iraq’s declarations concerning full, final and complete disclo- sure of its proscribed chemical, biological and missile programmes, as requested by the Security Council in its resolutions 687 (1991) and 707 (1991), but encountered difficulty as a result of Iraq’s refusal to cooperate. In August, Iraq suspended its co- operation with UNSCOM and IAEA. IAEA resumed its activities in Iraq for a short period of time, but withdrew its staff along with UNSCOM in mid-December, prior to military action by the United States of America and the United Kingdom of Great Britain and Northern Ireland.6 Regarding nuclear-weapon-free zones, in implementation of General Assembly resolution 52/38 S of 9 December 1997 on the establishment of a nuclear-weapon- free zone in Central Asia, and in response to a request made by the Central Asian States, it was decided to establish a group of experts to prepare the form and ele- ments of an agreement on such a zone. The group of experts held three meetings and by the end of the year had agreed upon 80 per cent of the articles. 173 At the bilateral level, the United States and the Russian Federation continued to reduce their nuclear arsenals on the basis of existing treaties, but the ratification of the 1993 START II Treaty7 by the Russian Federation was not finalized. All nuclear- weapon States reported that they had undertaken unilaterally a number of measures, such as reducing their stocks of nuclear weapons and putting under safeguards part of their fissile materials. Consideration by the General Assembly The General Assembly, on the recommendation of the First Committee, took action on 18 draft resolutions and two decisions dealing with nuclear disarmament, adopting them on 4 December 1998. Among the resolutions adopted was resolution 53/77 Y, entitled “Towards a nuclear-weapon-free world: the need for a new agenda”. Also adopted was resolu- tion 53/78 D, entitled “Convention on the Prohibition of the Use of Nuclear Weap- ons”, in which the Assembly reiterated its request to the Conference on Disarma- ment to commence negotiations in order to reach agreement on an international convention prohibiting the use or threat of use of nuclear weapons under any cir- cumstances. The Assembly also adopted resolution 53/75, entitled “Conclusion of effective international arrangements to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons”, and resolution 53/80, concerning the risk of nuclear proliferation in the Middle East. In the area of nuclear testing, the General Assembly adopted resolution 53/77 G, which was concerned with the recent nuclear tests conducted in South Asia. There were several resolutions adopted regarding nuclear-weapon-free zones: resolution 53/74, entitled “Establishment of a nuclear-weapon-free zone in the re- gion of the Middle East”; resolution 53/77 A, “Establishment of a nuclear-weapon- free zone in Central Asia”; resolution 53/77 D, “Mongolia’s international security and nuclear-weapon-free status”; resolution 53/77 Q, “Nuclear-weapon-free south- ern hemisphere and adjacent areas”; resolution 53/77 H, “Regional disarmament”, concerning the regions of Central and Eastern Europe; and resolution 53/83, entitled “Consolidation of the regime established by the 1967 Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (Treaty of Tlatelolco)”.8 Furthermore, the General Assembly adopted resolution 53/77 C, entitled “Pro- hibition of the dumping of radioactive wastes”. (b) The Chemical and Biological Conventions The Organisation for the Prohibition of Chemical Weapons continued with its activities under the 1992 Chemical Weapons Convention,9 and the Conference of the States Parties to the Convention and the Executive Council adopted a number of decisions concerning the functioning of the
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