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United Nations Juridical Yearbook, 1993

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United Nations Juridical Yearbook, 1993 Extract from: UNITED NATIONS JURIDICAL YEARBOOK 1993 Part Two. Legal activities of the United Nations and related intergovernmental organizations Chapter VI. Selected legal opinions of the Secretariats of the United Nations and related intergovernmental organizations Copyright (c) United Nations CONTENTS (continued) Page the non-renewal of appointment the Director-General must observe the general principles that govern the in- ternational civil service and safeguard the independence of the Organization and its officials—Question whether the complainant was on secondment—A staff member should not be made to suffer for the Organization's fail- ure to follow its own rules 327 9. Judgement No. 1250 (10 February 1993): Peña-Montenegro v. Food and Agriculture Organization of the United Nations Dismissal because of staff member's refusal to transfer- Regulation 301.012 of the Staff Regulations—Question of a staff member's family circumstances upon consid- eration of transfer—Refusal to transfer amounted to mis- conduct—Principle of proportionality in disciplinary mea- sure taken 328 10. Judgement No. 1278 (14 July 1993): Rogatko v. World Health Organization Non-renewal of fixed-term contract—Question of a substan- tive promise by an international organization and its en- forcement (Judgement No. 782 (in re Gieser)) 329 C. DECISIONS OF THE WORLD BANK ADMINISTRATIVE TRIBUNAL Decision No. 131 (10 December 1993): John Láveme King III v. International Bank for Reconstruction and Development Rescission of disciplinary measures—Rule 8.01 of the Staff Rules- Basic principles of due process in disciplinary matters—Ques- tion of proof of misconduct 330 CHAPTER VI. SELECTED LEGAL OPINIONS OF THE SECRETARIES OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZATIONS A. LEGAL OPINIONS OF THE SECRETARIAT OF THE UNITED NATIONS (ISSUED OR PREPARED BY THE OFFICE OF LEGAL AFFAIRS) Claims, compensation, and liability issues 1. Injuries sustained by a staff member in the crash of a helicop- ter which was not under contract with the United Nations- Character of the Board of Inquiry reports and the United Nations policy not to release them to private individuals or any other outside parties unless it is deemed warranted in an exceptional case—Circumstances of the case justifying release to the staff member in question of those parts of the Board of Inquiry re- ports which set forth a factual record of the helicopter crash- Claim for compensation under appendix D to the United Nations Staff Regulations and Rules (23 April 1993) 334 2. Request for advice on claim by a Member State to the United Nations for reimbursement of the costs of attending the United Nations Compensation Commission meetings—Secretary- General's bulletin ST/SGB/107/Rev.6 (24 April 1993) 337 CONTENTS (continued) Page 3. Release forms to be used when non-United Nations person- nel are transported on United Nations aircraft in the context of peacekeeping missions—Field Administration Handbook guidelines for use of United Nations aircraft by non-United Nations personnel—United Nations liability for transportation of non-United Nations personnel (27 May 1993) 339 4. Travel of journalists on aircraft used in United Nations peace- keeping operations—Policy of the United Nations with respect to the carriage of non-United Nations personnel on United Nations aircraft—Insurance policies carried by or available to the United Nations—Use of release forms (29 June 1993) .. 341 5. Liability of the Organization for claims concerning loss of or damage to personal property of the members of the peacekeep- ing contingents—Report of the Secretary-General entitled "Review of the background and development of reimburse- ment to Member States contributing troops to peacekeeping operations (A/44/605/Add.l) of 12 October 1989—Financial arrangements with states contributing troops for UNIFIL and UNFICYP—Reimbursability of extra and extraordinary costs as they are incurred by the States as a result of their soldiers' participation in UNIFIL and UNFICYP—Loss and damage to personal property fall within the category of extra and extraor- dinary costs (15 July 1993) 346 6. Applicability of the Warsaw Convention to United Nations air charter agreements—Question whether air charter companies engaged by the United Nations would be deprived of the liability limits provided for in the 1929 Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air if they fail to issue individual tickets to passengers—United Nations general conditions for air charter (24 September 1993) 351 7. Claim of an airline company for compensation from the United Nations for additional costs resulting from the necessity of re- routeing its passenger aircraft allegedly attributable to reso- lutions of the Security Council placing an "embargo" on a Member State—Security Council resolution 748 (1992) (19 November 1993) 352 8. Claim submitted by the Government of a Member State in respect of the death of a soldier, member of the peace- keeping force—Legislative framework governing payment of compensation for death/injury sustained by military contin- gent personnel during service (UNIPROFOR) (30 November 1993) 354 Copyright issues 9. Question of the commercial use of the logo of the symposium endorsed by the General Assembly in its resolution 47/183— Established United Nations policies and practices, based on Xlll CONTENTS (continued) Page General Assembly resolution 92 (I), do not allow granting to sponsors of any activities the right of use of the logo in re- turn for financial contribution (23 June 1993) 358 10. Use of copyrighted commercial musical works as theme or transition music in Department of Public Information broad- cast radio programmes—Legal principles set out in adminis- trative instruction ST/AI/189/Add.9/Rev.2 apply to non- United Nations musical works protected by copyright (9 September 1993) 359 Fees and taxes 11. Fees levied by a Member State to the United Nations for use of radioelectric frequencies by the United Nations Informa- tion Centre—Article III, sections 7(a) and 9 of the Conven- tion on the Privileges and Immunities of the United Nations (11 January 1993) 360 12. United Nations practice concerning value-added tax—Article II, section 8 of the 1946 Convention on the Privileges and Im- munities of the United Nations—Criteria to decide whether particular purchases are "important purchases" within the meaning of the above-mentioned provision—Study on privi- leges and immunities prepared by the Secretariat of the United Nations for the International Law Commission (22 January 1993) 362 13. Health and social insurance introduced by a Member State made mandatory to officials of the United Nations—Article II, section 7 (a), of the Convention on the Privileges and Immu- nities of the United Nations—Regulation No. 1 approved by the General Assembly in its resolution 604(VI)— Chapter VI entitled "social security" of the United Nations Staff Regula- tions and Rules (7 April 1993) 363 14. Income tax levied by the Government of a Member State on the owner of the vessel hired by the United Nations—Char- acter of the tax in question (25 June 1993) 364 15. Question of payments of social security contributions by local United Nations Development Programme staff in a Member State—Exemption from such payments under relevant multi- lateral conventions and the Standard Basic Assistance Agree- ment (20 August 1993) 365 16. Tax on accommodation imposed on customers lodging in hotels and guest houses in a Member State—Applicability of this tax to United Nations Transitional Authority in Cambo- dia—Agreement between the United Nations and the Supreme National Council of Cambodia on the status of UNTAC (3 September 1993) 366 17. "En-route charges" in a Member State for flights conducted by the United Nations Protection Force—Character of these CONTENTS {continued) Page charges—Article II, section 7 (a), of the Convention on the Privileges and Immunities of the United Nations (12 October 1993) 368 18. Imposition by a Member State of the value-added tax—Value- added taxes in United Nations practice—Standard Basic As- sistance Agreement of 1990—Applicability of the Convention on the Privileges and Immunities of the United Nations (23 No- vember 1993) 369 Peacekeeping 19. The right of self-defence of United Nations peacekeeping forces and the exercise of this right—Article 51 of the Char- ter of the United Nations (19 July 1993) 371 20. Financing of the United Nations Peacekeeping Force in Cyprus—Question whether the United Nations is liable, in the light of the terms of Security Council resolution 186 (1964), for the outstanding amounts due to the troop contributors to the UNFICYP operation prior to 16 June 1993—Report of the Secretary-General on the financing of UNFICYP— Regulations for the United Nations Force in Cyprus (30 September 1993) 372 21. Draft report of the Secretary-General to the General Assem- bly on the use of civilian personnel in peacekeeping opera- tions—Comments on the sections of the draft dealing with the use of United Nations Volunteers and the use of United Na- tions Volunteers and the use of international contractual personnel (12 November 1993) 376 Personnel issues 22. Conditions of employment of locally recruited staff in a Mem- ber State—Internal regulations of February 1987 concerning recruitment, transfer and dismissal of local staff employed, inter alia, by the United Nations operation in the Member State—Contravention of the regulations concerning the Sec- retary-General's authority as chief administrative officer of the Organization under Article 101, paragraph 1, of the Charter of the United Nations—Obligation of Member States to respect the exclusively international character of the United Nations staff member pursuant to Article 100, paragraph 2, of the Charter (28 January 1993) 379 23. Surcharges to be imposed on United Nations Transitional Authority in Cambodia drivers negligently damaging UNTAC vehicles—Nature of the surcharges—Imposition of disciplin- ary measures must be consistent with procedures provided for in chapter X of the United Nations Staff Regulations and Rules (12 April 1993) 381 24.
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