United Nations Juridical Yearbook 1987

ST/LEG/SER.C/25

UNITED NATIONS JURIDICAL YEARBOOK 1987

UNITED NATIONS

ST/LEG/SER.C/25

UNITED NATIONS JURIDICAL YEARBOOK 1987

UNITED NATIONS • NEW YORK, 1997 ST/LEG/SER.C/25

UNITED NATIONS PUBLICATION Sales No. E.96.V.6 ISBN 92-1-133509-4

Page FOREWORD xxi ABBREVIATIONS xxii Part One. Légal status of the United Nations and related intergovernmental organizations CHAPTER I. LEGISLATIVE TEXTS CONCERNING THE LEGAL STATUS OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANI- ZATIONS Canada Privileges and Immunities (International Organizations) Act 3 (a) I.A.E.A. Research Coordination Meeting on Nuclear Techniques in Exploration and Exploitation of Natural Resources: Nuclear Borehole Logging Techniques for the Determination of Rock Characteristics Privileges and Immunities Order, 1987 3 (b) I.A.E.A. Consultants' Meeting on Current Trends in Nuclear Borehole Logging Techniques for Elemental Analysis Privileges and Immunities Order, 1987 4 (c) I.A.E.A. Advisory Group Meeting on New Nuclear Reactors Privileges and Immunities Order, 1987 5 CHAPTER n. TREATY PROVISIONS CONCERNING THE LEGAL STATUS OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANI- ZATIONS A. TREATY PROVISIONS CONCERNING THE LEGAL STATUS OF THE UNITED NATIONS 1. Convention on the Privileges and Immunities of the United Nations. Approved by the General Assembly of the United Nations on 13 February 1946 7 2. Interim Arrangement on Privileges and Immunities of the United Nations concluded between the Secretary-General of the United Nations and the Swiss Federal Council. Signed at Beme on 11 June 1946 and at New York on 1 July 1946. Approved by the General Assembly of the United Nations on 14 December 1946... 7 Page 3. Agreements relating to installations and meetings 9 (a) Agreement between the United Nations/FAO/World Food Programme and the Federative Republic of Brazil concerning assistance from the World Food Programme. Signed at Brasilia on 2 February 1987 9 (b) Agreement between the United Nations and the Government of Nigeria on the United Nations Meeting of Experts on Space Science and Technology and its Applications within the Framework of Educational Systems [to be held at Lagos from 27 April to 1 May 1987]. Signed at New York on 27 February 1987 10 (c) Agreement between the United Nations and the Government of China regarding arrangements for the thirteenth session of the World Food Council of the United Nations [to be held at Beijing from 8 to 11 June 1987]. Signed at Beijing on 4 June 1987 11 (d) Exchange of letters constituting an agreement between the United Nations and the Government of Sweden concerning the 1987 Meeting of Experts to Review the Implementation of the World Programme of Action concerning Disabled Persons at the Mid-point of the United Nations Decade of Disabled Persons. Vienna, 26 May and 2 June 1987 13 (é) Agreement between the-!Jnited Nations and the Govern- ment of Indonesia on the Fourth United Nations/World Meteorological Organization/FAO/European Space Agency International Training Course on Remote Sensing Applications to Operational Agrometeorology and Hydrology [to be held at Jakarta from 13 to 30 October 1987]. Signed at New York on 19 August 1987 15 (/) Exchange of letters constituting an agreement between the United Nations and the Government of the United Kingdom of Great Britain and Northern Ireland regarding the United Nations Sugar Conference, 1987. Geneva, 20 and 28 August 1987 16 (g) Agreement between the United Nations and the Government of the German Democratic Republic on the United Nations International Training Course on Remote Sensing Applications to Geological Sciences [to be held at Dresden from 6 to 23 October 1987]. Signed at New York on 3 September 1987 18 (h) Agreement between the United Nations and the Government of Peru regarding the establishment in Lima of the Regional Centre for Peace, Disarmament and Development in Latin America. Signed at New York on 25 September 1987 19

IV Page (i) Agreement between the United Nations and the Govern- ment of Egypt relating to the continuation and further extension of the Interregional Centre for Demographic Research and Training established at Cairo. Signed at Cairo on 22 December 1987 12 4. Agreements relating to the United Nations Children's Fund: Revised Model Agreement concerning the activities of UNICEF. 23 5. Agreements relating to the United Nations Development Programme: Standard Basic Assistance Agreement between the recipient Government and the United Nations Development Programme 23 6. Agreements relating to the United Nations Revolving Fund for Natural Resources Exploration 24

B. TREATY PROVISIONS CONCERNING THE LEGAL STATUS OF INTERGOV- ERNMENTAL ORGANIZATIONS RELATED TO THE UNITED NATIONS 1. Convention on the privileges and Immunities of the specialized agencies. Approved by the General Assembly of the United Nations on 21 November 1947 26 2. Food and Agriculture Organization of the United Nations 26 (a) Agreements based on the standard "Memorandum of Responsibilities" in respect of FAO sessions 26 (b) Agreements based on the standard "Memorandum of Responsibilities" in respect of seminars, workshops, training courses or related study tours 26 3. United Nations Educational, Scientific and Cultural Organization.. 27 Agreements relating to conferences, seminars and other meetings.. 27 4. International Maritime Organization 27 Agreement between the International Maritime Organization and the Government of Italy concerning the International Conference on the Suppression of Unlawful Acts against the Safety of Maritime Navigation [to be held in Rome from 1 to 10 March 1988]. Done at London on 19 October 1987... 27 5. United Nations Industrial Development Organization 28 (a) Agreements relating to conferences and meetings 28 (b) Agreements for the establishment of UNIDO Investment Promotion Services 34 6. International Atomic Energy Agency 36 Page (a) Agreement on the Privileges and Immunities of the Inter- national Atomic Energy Agency. Approved by the Board of Governors of the Agency on 1 July 1959 35 (b) Incorporation of provisions of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency by reference in other agreements with States that are not or were not at the time parties to the Agreement... 36 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 ORGANIZA- TIONS A. GENERAL REVIEW OF THE LEGAL ACTIVITIES OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZATIONS 1. Disarmament and related matters 41 2. Other political and security questions 55 3. Environmental, economic, social, humanitarian and cultural questions 58 4. Law of the sea 75 5. International Court of Justice 76 6. International Law Commission 78 7. United Nations Commission on International Trade Law 80 8. Legal questions dealt with by the Sixth Committee of the General Assembly and by ad hoc legal bodies 82 9. Respect for the privileges and immunities of officials of the United Nations and the specialized agencies and related organizations 92 10. United Nations Institute for Training and Research 93

B. GENERAL REVIEW OF THE LEGAL ACTIVITIES OF INTERGOVERNMEN- TAL ORGANIZATIONS RELATED TO THE UNITED NATIONS 1. International Labour Organization 93 2. Food and Agriculture Organization of the United Nations 94 3. United Nations Educational, Scientific and Cultural Organi- zation 100

VI Page 4. International Civil Aviation Organization 103

5. World Health Organization 104

6. World Bank 1105

7. International Monetary Fund 108

8. Universal Postal Union 111

9. International Maritime Organization 113 10. International Fund for Agricultural Development 114 11. International Atomic Energy Agency 120 12. United Nations Industrial Development Organization 121 CHAPTER IV. TREATIES CONCERNING INTERNATIONAL LAW CONCLUDED UNDER THE AUSPICES OF THE UNITED NATIONS AND RELATED INTER- GOVERNMENTAL ORGANIZATIONS 137 CHAPTER V. DECISIONS OF ADMINISTRATIVE TRIBUNALS OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZATIONS A. DECISIONS OF THE ADMINISTRATIVE TRIBUNAL OF THE UNITED NATIONS 1. Judgement No. 389 (4 June 1987): Hrubant and eight others v. the Secretary-General of the United Nations 139

Request for promotion to S-3 level pursuant to the "1974 agreement" — Secretary-General's discretionary power was limited by the agreement — Terms of the agreement were valid until a new promotion system had been approved — Question of interpretation of the terms of the agreement 139

2. Judgement No. 390 (5 June 1987): Walter v. the Secretary- General of the United Nations 140 Request for implementation of promotion from G-5 to P-2, granted by the Executive Director of UNITAR just before his term ended and suspended by the new Executive Director — Entitlement of the Director to exercise his authority until his term of office expired — Appointment and Promotion Board's negative advice on the promotion is not binding on the Executive Director — No legal justification for the suspension of the decision of the former Executive Director — Question of whether the Applicant's promotion to the Professional category was valid upon her assignment to the United Nations Secretariat 140

vu Page 3. Judgement No. 395 (5 November 1987): Oummih, Gordon and Gruber v. the Secretary-General of the United Nations 142 Applicants challenge the Secretary-General's decision on the deferment of the implementation of cost-of-living adjustments in the salaries of General Service staff — Competence of the Secretary-General in the matter — No legal expectancy that the methodology or the consequential adjustments would never be modified or suspended — Interpretation of the legal effect of the decision using the guiding principle that it should be construed as having a lesser rather than greater adverse effect on the rights of the staff under the Staff Regulations and Rules — Right of the staff to be informed with reasonable clarity of an important aspect of staff compensation — Acquired right under regulation 12.1 to the payment of the cost-of-living adjustment until the General Assembly decision of 9 May 1986 — Question of consultation with ICSC in the matter — Tribunal not empowered to question sovereign authority of the General Assembly to take the decision — Accepted principle of law that the actions of any party are presumed to be in accord with and to honour prior legislation and commitments — Question of violation of the principle of equality 142 4. Judgement No. 399 (9 November 1987): Walsh v. the Secretary- General of the United Nations 144 Applicant challenges methodology used to calculate his emoluments upon promotion from FS-5 to P-2 — Question of whether promotion was consistent with administrative instruction ST/AI/279 and rule 103.9 of the Staff Rules — Understanding of the term "promotion" — Staff member cannot be bound by unpublished memorandum — Methodology applied did not represent a reasonable or permissible interpretation of administrative instruction ST/AI/279 or staff rule 103.9 144 5. Judgement No. 401 (12 November 1987): Upadhya v. the Secretary-General of the United Nations 146 Discriminatory treatment of a staff member determined by the Panel to Investigate Allegations of Discriminatory Treatment — Unjustified delay of the Respondent in replying to the Applicant's appeal — Competence of the Joint Appeals Board in the matters raised by the Applicant — Prompt and effective action has to be taken to remedy discriminatory treatment 146 6. Judgement No. 408 (13 November 1987): Rigoulet v. the Secretary-General of the United Nations 148 Page Request for a repatriation grant — Prerequisites for payment of a repatriation grant — Those entitled to the grant have to meet relevant requirements set forth in rule 109.5 of the Staff Rules — Tribunal obliged to apply to United Nations staff members the provisions of the United Nations Staff Regulations and Rules irrespective of what other international organizations do 148

B. DECISIONS OF THE ADMINISTRATIVE TRIBUNAL OF THE INTERNATION- AL LABOUR ORGANIZATION

1. Judgement No. 803 (13 March 1987): Grover v. International Computing Centre (World Health Organization) 149

Question of the conclusion of an employment contract — Conditions for formulation of a valid contract — UNOG officials do not have competence to make commitments that would bind the International Computing Centre — Right of the complainant to payment for work he did 149

2. Judgement No. 809 (13 March 1987): Najman (Nos. 1 and 4) v. United Nations Educational, Scientific and Cultural Organization 150

Complainant challenges a Director-General's decision to place him on an "unclassified" post on special leave with pay — Consultation with the UNESCO Executive Board required for appointment or renewal of a contract for senior officials — Conditions of rule 105.2(b) of the UNESCO Staff Rules on placing a staff member on special leave without pay were not met — Director-General in making assignments must pay due regard to a staff member's qualifications and experience — Rule 105.2(b) cannot be invoked in place of a disciplinary procedure 150

3. Judgement No. 810 (13 March 1987): Najman (No. 5) v. United Nations Educational, Scientific and Cultural Organization 152

Complainant challenges a decision to assign him at a lower grade to a temporary post — Authority of an executive head of an organization in assigning staff is not absolute — In reviewing the complainant's assignment, the Tribunal relies on general principles that govern the international civil service, particularly that of good faith — Requirement of consultations of the decision with UNESCO Executive Board — Decision tainted with several flaws 152

4. Judgement No. 832 (5 June 1987): Ayoub, Lucal, Monat, Ferret- Nguyen and Samson v. International Labour Organization 153

IX Page Challenge to the new scale of pensionable remuneration — Question of the receivability of the application founded on article 3.1.1 of the ILO Staff Regulations — Acquired right is a general principle — Definition of an "acquired right" — Tests used by the Tribunal to determine whether the altered term of appointment is fundamental and essential — International organization is bound by general principles of law 153 5. Judgement No. 848 (10 December 1987): Pilowsky v. World Intellectual Property Organization 155 Complainant's request for withdrawal of a written warning over the allegation of misleading WIPO by claiming a specific nationality in his employment application — Overwhelming evidence of the complainant's right to this nationality — Right to a nationality under the Universal Declaration of Human Rights — Definition of "stateless person" as provided for in the 1954 Convention relating to the Status of Stateless Persons — Organization's obligation to examine evidence of nationality carefully — Possession of passport does not determine nationality 155 6. Judgement No. 873 (10 December 1987): Da v. Intergovern- mental Council of Copper Exporting Countries 156 Abolition of the complainant's post — Question of the abolition of a post under regulation 9.1(c) of the Staff Regulations while a fixed-term appointment had not expired — Organization's duty to adopt a reasonable attitude towards notice and payment of compensation to be given to a redundant staff member — Organization must abide by general principles governing international civil service 156 7. Judgement No. 874 (10 December 1987): Cachelin (No. 2) and application of the ILO in re Cachelin v. International Labour Organization 157 Complainant's request for interest on the amount awarded — Sound administration of justice demanded joinder of the cases — Interest does not automatically accrue from the date the principal is due — One cannot infer legal effect from the Tribunal's refusal or failure to rule — Interest cannot be awarded on an application for a court order unless the payment of the principal is due 157

C. DECISIONS OF THE WORLD BANK ADMINISTRATIVE TRIBUNAL 1. Decision No. 38 (27 October 1987): Von Stauffenberg, Ganuelas and Leach v. the World Bank 159 Page Applicants dispute salary increases in the salary structures — Question of the jurisdiction of the Tribunal — Tribunal would not fulfil its judicial mission if it were, for procedural and purely formalistic reasons, to limit itself to the review of only one aspect of the case — Principle of parallelism between the World Bank and the International Monetary Fund in salaries and staff benefits — Principles governing staff compensation laid down in the Kafka system and in the ruling of the Tribunal in the de Merode case — Principles in question included in various aspects a margin of flexibility — Discretionary power of the President of the Bank is subject to limits on which the Tribunal has to exercise its right to review — "Political pressure" of member States and the President's responsibilities under the Articles of the Agreement 159 2. Decision No. 40 (27 October 1987): The World Bank Staff Association v. International Bank for Reconstruction and Development, International Finance Corporation, International Development Association 162 The Staff Association challenges various aspects of the Bank's plan for reorganization of the staff — Question whether the Tribunal has power to hear and pass judgement upon the application filed by the Staff Association — Staff Association standing vis-a-vis the Tribunal — The Staff Association may serve, under rule 23 (2) of the Tribunal's statute, in particular cases as amicus curiae 162 3. Decision No. 41 (27 October 1987): Godwin Agodo v. International Bank for Reconstruction and Development, International Finance Corporation, International Development Association 163 Applicant challenges various aspects of the Respondent's rules providing for the reorganization of the staff — Applicant's standing to file an application in a representative capacity — No similarity to the de Merode case — The Tribunal is not empowered by its statute or the Staff Rules to issue advisory opinions — Question of issuing a decision in the form of a declaratory judgement 163 CHAPTER VI. SELECTED LEGAL OPINIONS OF THE SECRETARIES OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZA- TIONS

A. LEGAL OPINIONS OF THE SECRETARIAT OF THE UNITED NATIONS (ISSUED OR PREPARED BY THE OFFICE OF LEGAL AFFAIRS) 1. Request by a Member State that its national flag be flown half- mast at United Nations Headquarters for reasons of national mourning — United Nations Flag Code and Regulations 169

XI Page 2. Corporate sponsorship of a global public information and fund- raising event in connection with the United Nations Decade of Disabled Persons — Proposed donation by a firm in exchange for the use of representations of United Nations Headquarters in an advertising campaign — Question of the use of the United Nations emblem on the products of sponsoring companies — General Assembly resolution 92 (I) — Long-established United Nations policy to prohibit firms contracting with the Organi- zation from referring to their services to the United Nations for commercial or other advertising purposes 17O

3. Question whether it would be in accordance with United Nations procedure for the United Nations Environment Programme to accede in its own name to the 1986 Convention on Early Notification of a Nuclear Accident and to the 1986 Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency 171

4. Legal requirements regarding the accession by the United Nations to the 1986 Convention on Early Notification of a Nuclear Accident and the 1986 Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency — Requirement of the submission of "declarations of competence" by international organizations acceding to the Conventions 173

5. Meaning of consensus in the practice of the United Nations 174

6. Legal status of the decisions and recommendations of the Economic and Social Council when the General Assembly takes decisions on subjects on which the Council had already taken a decision (endorsement) — Dual capacity of the Committee for Programme and Coordination as a subsidiary organ of both the Economic and Social Council and the General Assembly 175

7. Policy of the Organization with regard to rights in inventions that result from projects funded by the United Nations Development Programme — Article III, paragraph 8, of the United Nations Development Programme Standard Basic Assistance Agreement and article VIQ of the Basic Agreement with executing agencies — Question whether such policy restricts the patenting of the subject inventions by Governments 177

8. Designation of executing agencies for projects of the United Nations Development Programme — Historical background of the issue 180

9. Policies governing the attribution of authorship in United Nations publications, documents and other official papers 186

xn Page 10. Legal questions concerning the functioning of the Staff Association of the United Nations Environment Programme 191

11. Question of the acceptance by a staff member of a nomination by the Government of a Member State as "Chevalier de la Légion d'Honneur" — Regulation 1.6 of the Staff Regulations of the United Nations — Article 100, paragraph 2, of the Charter of the United Nations 194

12. Termination of a permanent or fixed-term appointment for absence on sick leave — Relevant provisions of the Staff Regulations and Rules of the United Nations 195 13. Assessment of damage to United Nations vehicles and United Nations-owned equipment attributable to gross negligence on the part of personnel of a United Nations peace-keeping mission — UNTSO administrative circular 7/79 — Rule 112.3 of the Staff Rules of the United Nations 198

14. Request for an ex-gratia payment on behalf of a former member of a national contingent in the United Nations Emergency Force in the Sinai Desert — Conditions to be met for an ex-gratia payment to be appropriate — Rule 110.13(a) of the Financial Regulations and Rules of the United Nations — United Nations practice regarding reimbursement of compensation awards made by troop-contributing countries to contingent members 200 15. Question of reservations to the 1953 Convention on the Political Rights of Women — Comments on suggestions to bring article VII of the Convention into conformity with the provisions on the legal effect of reservations contained in article 21 of the 1969 Vienna Convention on the Law of Treaties 202

16. United Nations procedures for the institution and enforcement of financial claims arising out of contracts — Immunity of the United Nations from legal process — Article 105 of the Charter of the United Nations and final article, sections 32 and 34, of the 1946 Convention on the Privileges and Immunities of the United Nations — Settlement of disputes arising out of contracts or other disputes of a private law character 203

17. Notice from a quasi-judicial body of a charge of discrimination made by a former short-term staff member filed against the General Assembly of the United Nations and two United Nations officials — Basis of the United Nations' immunity from legal process and from the jurisdiction of quasi-judicial bodies — Cases in which the immunities of the United Nations and other international organizations from all forms of legal process were upheld by courts of the United States 206

xm Page 18. Status of United Nations correspondence dispatched in bags — Obligations of Member States to grant privileges and immunities to such correspondence under the 1946 Convention on the Privileges and Immunities of the United Nations and the 1961 Vienna Convention on Diplomatic Relations 208 19. Requirement under the law of a Member State that locally recruited United Nations officials obtain a work permit from local authorities — Articles 100 and 101 of the Charter of the United Nations — Article V, section 17, of the Convention on the Privileges and Immunities of the United Nations — Meaning of the term "officials" for the purposes of article V, section 17, of the Convention in the light of General Assembly resolution 76(1) 209 20. Conscription of United Nations staff members into the armed forces of a Member State — Question whether the provisions of the 1946 Convention on the Privileges and Immunities of the United Nations can be considered applicable to all staff members of the United Nations system 210 21. Conscription in a Member State of one of its nationals holding a fixed-term appointment in the Secretariat of the Economic and Social Commission for Western Asia — Analysis of the differing provisions on military service contained in the 1979 Agreement relating to the headquarters of the United Nations Economic Commission for Western Asia and in the 1946 Convention on the Privileges and Immunities of the United Nations 211 22. Question of the exemption of the United Nations from a proposed harbour maintenance fee in a host country — Character of the fee in question — Article n, section 7, of the 1946 Convention on the Privileges and Immunities of the United Nations 213 23. Advice on new banking and customs regulations in a Member State — Questions concerning the holding of local currency accounts; rent payments in foreign currency; charges for public utility services and telecommunications; and importation of vehicles and household appliances — Provisions of the 1946 Convention on the Privileges and Immunities of the United Nations 214 24. Question whether locally recruited staff of the United Nations peace-keeping force in Cyprus are exempted from taxation on their salaries and emoluments — Paragraphs 24 and 37 of the 1964 Agreement between the United Nations and Cyprus concerning the status of the United Nations Peace-keeping Force in Cyprus 216 25. Legal bases for the exemption of non-American United Nations officials from United States social security coverage 217

xiv Page 26. Question whether the status of a permanent mission is affected by the fact that it is temporarily without either a permanent representative or a chargé d'affaires — Practice of the Organization in this respect 218 27. Establishment of observer missions by States not Members of the United Nations — Privileges and immunities enjoyed by permanent observers — Financial contribution of non-member States to the activities of the United Nations — Admissibility of restrictions placed by States on the use of their contributions 220 28. Diplomatic privileges and immunities of members of the staff of permanent missions to the United Nations — Determination of the scope of the privileges and immunities to be provided to a given category of members of the staff of the mission — Criteria set forth by the host country for entitlement to diplomatic privileges and immunities for diplomatic officers of permanent missions to the United Nations — Relevant provisions of the 1946 Convention on the Privileges and Immunities of the United Nations and the 1961 Vienna Convention on Diplomatic Relations — Role of the Secretary-General of the United Nations in such matters in the light of article V, section 15(2), of the 1947 Headquarters Agreement 221 29. Law governing the protection of permanent missions to the United Nations — Article 22 of the 1961 Vienna Convention on Diplomatic Relations — Act for the Protection of Foreign Officials and Official Guests of the Host Country 223 30. Question whether the premises occupied by permanent missions to the United Nations are exempt from real estate taxes imposed on the owner of the premises — Provisions of article V, section 15, of the 1947 Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations in connection with article 23 of the 1961 Vienna Convention on Diplomatic Relations 224

B. LEGAL OPINIONS OF THE SECRETARIES OF INTERGOVERNMENTAL ORGANIZATIONS RELATED TO THE UNITED NATIONS 1. INTERNATIONAL LABOUR ORGANIZATION Memoranda prepared by the International Labour Office in reply ' to requests for clarification concerning instruments adopted by the International Labour Conference 225 (a) Memorandum on the Labour Administration Convention, 1978 (No. 150), drawn up at the request of the Government of Canada 225 (b) Memorandum on the Asbestos Convention, 1987 (No. 162), drawn up at the request of the Government of Canada 229

xv Page 2. UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION (a) Offer from a member State of services in lieu of cash as payment of assessed contributions 233 (b) Legal consequences of withdrawal of a member State from UNIDO 234 (c) Delays in purchases of equipment — clearance by Government 235 Part Three. Judicial decisions on questions relating to the United Nations and related intergovernmental organizations CHAPTER YD. DECISIONS AND ADVISORY OPINIONS OF INTERNATIONAL TRIBUNALS INTERNATIONAL COURT OF JUSTICE Application for review of Judgement No. 333 of the United Nations Administrative Tribunal (request for an advisory opinion) 243 CHAPTER vm. DECISIONS OF NATIONAL TRIBUNALS Switzerland Federal Tribunal Ms. X. v. the Council of State of the Canton of Geneva: Judgement of 2 April 1987 Expulsion of a staff member of an international organization pursuant to the Federal Act of 26 March 1931 on the Stay and Establishment of Aliens — Decision challenged through an appeal under public law and through an appeal under administrative law — Inadmissibility of the appeal under public law — In the absence of any provision of federal law, including international agreements concluded by Switzerland establishing special treatment of international civil servants, they remain subject to ordinary law — Appellant's claim of violation of personal freedom and of the prohibition of arbitrary action 253 Part Four. Bibliography LEGAL BIBLIOGRAPHY OF THE UNITED NATIONS AND RELATED INTERGOV- ERNMENTAL ORGANIZATIONS

A. INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL LAW IN GENERAL 1. General 263 2. Particular questions 266

xvi Page

B. UNITED NATIONS 1. General 268 2. Particular organs 269 General Assembly 269 International Court of Justice 270 Regional Commissions 274 Secretariat 274 Security Council 275 United Nations Forces 275 3. Particular questions or activities 275 Collective security 275 Commercial arbitration 276 Consular relations 279 Diplomatic relations 279 Disarmament 280 Domestic jurisdiction 281 Environmental questions 281 Financing 282 Friendly relations and cooperation among States 283 Human rights 283 International administrative law 286 International criminal law 286 International economic law 287 International terrorism 288 International trade law 290 International waterways 291 Intervention 292 Law of the sea 292 Law of treaties 298 Law of war 300

xvii Page Maintenance of peace 302 Membership and representation 303 Most-favoured-nation clause 303 Namibia 303 Narcotic drugs 303 Natural resources ; 304 Non-governmental organizations 306 Non-Self-Goveming Territories 307 Outer space 307 Peaceful settlement of disputes 310 Political and security questions 311 Progressive development and codifications of international law (in general) 312 Recognition of States 314 Refugees 314 Right of asylum 315 Rule of law 315 Self-defence 316 Self-determination 316 Social defence 317 State responsibility 317 State sovereignty 318 State succession 319 Technical cooperation 320 Trade and development 320 Trusteeship 321 Use of force 321

C. INTERGOVERNMENTAL ORGANIZATIONS RELATED TO THE UNITED NATIONS Food and Agriculture Organization of the United Nations 322 General Agreement on Tariffs and Trade 322

xviii Page International Atomic Energy Agency 323 International Civil Aviation Organization 324 International Labour Organization 324 International Maritime Organization 325 International Monetary Fund 325 International Telecommunication Union 326 United Nations Educational, Scientific and Cultural Organization 326 United Nations Industrial Development Organization 327 Universal Postal Union 327 World Bank 327 International Centre for Settlement of Investment Disputes 328 World Health Organization 329 World Meteorological Organization 329 World Intellectual Property Organization 329

xix

FOREWORD

By its resolution 1814 (XVII) of 18 December 1962, the General Assembly requested the Secretary-General to publish a Juridical Yearbook which would include certain documentary materials of a legal character concerning the United Nations and related intergovernmental organizations, and by its resolution 3006 (XXVII) of 18 December 1972 the General Assembly made certain changes in the outline of the Yearbook.

Chapters I and n of the present volume — the twenty-fifth of the series — contain legislative texts and treaty provisions relating to the legal status of the United Nations and related intergovernmental organizations. With a few exceptions, the legislative texts and treaty provisions which are included in these two chapters entered into force in 1987. Decisions given in 1987 by international and national tribunals relating to the legal status of the various organizations are found in chapters VII and Vm.

Chapter in contains a general review of the legal activities of the United Nations and related intergovernmental organizations. Each organization has prepared the section which relates to it.

Chapter IV is devoted to treaties concerning international law concluded under the auspices of the organizations concerned during the year in question, whether or not they entered into force in that year. This criterion has been used in order to reduce in some measure the difficulty created by the sometimes considerable time-lag between the conclusion of treaties and their publication in the United Nations Treaty Series following upon their entry into force. In the case of treaties too voluminous to fit into the format of the Yearbook, an easily accessible source is provided.

Finally, the bibliography, which is prepared under the responsibility of the Office of Legal Affairs by the Dag Hammarskjold Library, lists works and articles of a legal character published in 1987.

All documents published in the Juridical Yearbook were supplied by the organizations concerned, with the exception of the legislative texts and judicial decisions in chapters I and Vin which, unless otherwise indicated, were communicated by Governments at the request of the Secretary-General.

xxi ABBREVIATIONS

EGA Economic Commission for Africa ECE Economic Commission for Europe ECLAC Economic Commission for Latin America and the Caribbean ESCAP Economic and Social Commission for Asia and the Pacific ESCWA Economic and Social Commission for Western Asia FAO Food and Agriculture Organization of the United Nations IAEA International Atomic Energy Agency ICAO International Civil Aviation Organization ICJ International Court of Justice ICSID International Centre for Settlement of Investment Disputes IF AD International Fund for Agriculture Development IFC International Finance Corporation ELO International Labour Organization IMF International Monetary Fund IMO International Maritime Organization UNCHS United Nations Centre for Human Settlements (Habitat) UNCITRAL United Nations Commission on International Trade Law UNCTAD United Nations Conference on Trade and Development UNDOF United Nations Disengagement Observer Force UNDP United Nations Development Programme UNDTCD United Nations Department of Technical Co-operation for Development UNEP United Nations Environment Programme UNESCO United Nations Educational, Scientific and Cultural Organization UNHCR Office of the United Nations High Commissioner for Refugees UNICEF United Nations Children's Fund UNIDO United Nations Industrial Development Organization UNITAR United Nations Institute for Training and Research UNTSO United Nations Truce Supervision Organization UPU Universal Postal Union WFP World Food Programme WHO World Health Organization WIPO World Intellectual Property Organization WTO World Tourism Organization

xxu 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 INTERGOV- ERNMENTAL ORGANIZATIONS

Canada

PRIVILEGES AND IMMUNITIES (INTERNATIONAL ORGANIZATIONS) ACT1 (a) I.A.E.A. Research Coordination Meeting on Nuclear Techniques in Exploration and Exploitation of Natural Resources: Nuclear Borehole Logging Techniques for Determination of Rock Characteristics Privileges and Immunities Order, 19872

P.C. 1987-2166 22 October, 1987 Her Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs, pursuant to section 3 of the Privileges and Immunities (International Organizations) Act, is pleased hereby to make the annexed Order respecting the privileges and immunities in Canada of the participants in the International Atomic Energy Agency Research Coordination Meeting on Nuclear Techniques in Exploration and Exploitation of Natural Resources: Nuclear Borehole Logging Techniques for the Determination of Rock Characteristics. ORDER RESPECTING THE PRIVILEGES AND IMMUNITIES IN CANADA OF THE PARTICIPANTS CM THE INTERNATIONAL ATOMIC ENERGY AGENCY RESEARCH COORDINATION MEETING ON NUCLEAR TECHNIQUES IN EXPLORATION AND EXPLOITATION OF NATURAL RESOURCES: NUCLEAR BOREHOLE LOGGING TECHNIQUES FOR THE DETERMINATION OF ROCK CHARACTERISTICS

Short Title

1. This Order may be cited as the IA.EA. Research Coordination Meeting on Nuclear Techniques in Exploration and Exploitation of Natural Resources: Nuclear Borehole Logging Techniques for the Determination of Rock Characteristics Privileges and Immunities Order, 1987.

Interpretation

2. In this Order, "Convention" means the Convention on the Privileges and Immunities of the United Nations; (Convention)3 "experts performing missions for the Organization" means experts who are invited by the Organization to attend the Meeting; (experts qui accomplissent des missions pour l'organisation) "Meeting" means the Research Coordination Meeting on Nuclear Techniques in Exploration and Exploitation of Natural Resources: Nuclear Borehole Logging Techniques for the Determination of Rock Characteristics, to be held by the Organization in Ottawa from 2 to 6 November 1987; (réunion) "officials of the Organization" means all persons required to attend the Meeting on behalf of the Organization; (fonctionnaires de l'organisation) "Organization" means the International Atomic Energy Agency (organisation)

Privileges and Immunities

3. (1) During the period beginning on 26 October 1987 and ending on 13 November 1987, the Organization shall have in Canada, to such extent as may be required for the exercise of its functions in Canada in relation to the Meeting, the privileges and immunities set fort in articles II and III of the Convention. (2) During the period beginning on 26 October 1987 and ending on 13 November 1987, officials of the Organization shall have in Canada, to such extent as may be required for the exercise of their functions in Canada in relation to the Meeting, the privileges and immunities set forth in article V of the Convention. (3) During the period beginning on 26 October 1987 and ending on 13 November 1987, experts performing missions for the Organization shall have in Canada, to such extent as may be required for the exercise of their functions in Canada in relation to the Meeting, the privileges and immunities set forth in article VI of the Convention.

(b) I.A.E.A. Consultants' Meeting on Current Trends in Nuclear Borehole Logging Techniques for Elemental Analysis Privileges and Immunities Order, 19874

P.C. 1987-2167 22 October 1987 Her Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs, pursuant to section 3 of the Privileges and Immunities (International Organizations) Act, is pleased hereby to make the annexed Order respecting the privileges and immunities in Canada of the participants in the International Atomic Energy Agency Consultants' Meeting on Current Trends in Nuclear Borehole Logging Techniques for Elemental Analysis. ORDER RESPECTING THE PRIVILEGES AND IMMUNITIES IN CANADA OF THE PARTICIPANTS IN THE INTERNATIONAL ATOMIC ENERGY AGENCY CONSULTANTS' MEETING ON CURRENT TRENDS IN NUCLEAR BOREHOLE LOGGING TECHNIQUES FOR ELEMENTAL ANALYSIS

Short Title

1. This Order may be cited as the IAEA. Consultants' Meeting on Current Trends in Nuclear Borehole Logging Techniques for Elemental Analysis Privileges and Immunities Order, 1987.

Interpretation

2. In this Order, "Convention" means the Convention on the Privileges and Immunities of the United Nations; (Convention)2 "experts performing missions for the Organization" means experts who are invited by the Organization to attend the Meeting; (experts qui accomplissent des missions pour l'organisation) "Meeting" means the Consultants' Meeting on Current Trends in Nuclear Borehole Logging Techniques for Elemental Analysis, to be held by the Organization in Ottawa from 2 to 6 November 1987; (réunion) "officials of the Organization" means all persons required to attend the Meeting on behalf of the Organization; (fontionnaires de l'organisation) "Organization" means the International Atomic Energy Agency, (organisation)

Privileges and Immunities

3. (1) During the period beginning on 26 October 1987 and ending on 13 November 1987, the Organization shall have in Canada, to such extent as may be required for the exercise of its functions in Canada in relation to the Meeting, the privileges and immunities set forth in articles n and HI of the Convention. (2) During the period beginning on 26 October 1987 and ending on 13 November 1987, officials of the Organization shall have in Canada, to such extent as may be required for the exercise of their functions in Canada in relation to the Meeting, the privileges and immunities set forth in article V of the Convention. (3) During the period beginning on 26 October 1987 and ending on 13 November 1987, experts performing missions for the organization shall have in Canada, to such extent as may be required for the exercise of their functions in Canada in relation to the Meeting, the privileges and immunities set forth in article VI of the Convention. (c) I.A.E.A. Advisory Group Meeting on New Nuclear Reactors Privileges and Immunities Order, 19875

P.C. 1987-1064 28 May 1987 Her Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs, pursuant to section 3 of the Privileges and Immunities (International Organizations) Act, is pleased hereby to make the annexed Order respecting the privileges and immunities in Canada of the participants in the International Atomic Energy Agency Advisory Group Meeting on New Nuclear Reactors. ORDER RESPECTING THE PRIVILEGES AND IMMUNITIES IN CANADA OF THE PARTICIPANTS CM THE INTERNATIONAL ATOMIC ENERGY AGENCY ADVISORY GROUP MEETING ON NEW NUCLEAR REACTORS

Short Title 1. This Order may be cited as the IA.EA. Advisory Group Meeting on New Nuclear Reactors Privileges and Immunities Order, 1987.

Interpretation

2. In this Order, "Convention" means the Convention on the Privileges and Immunities of the United Nations; (Convention? "experts performing missions for the Organization" means experts who are invited by the Organization to attend the Meeting; (experts qui accomplissent des missions pour l'organisation) "Meeting" means the Advisory Group Meeting on New Nuclear Reactors, to be held by the Organization in Winnipeg from June 8 to 12,1987; (réunion) "officials of the Organization" means all persons required to attend the Meeting on behalf of the Organization; (fonctionnaires de l'Organisation) "Organization" means the International Atomic Energy Agency. (Organisation)

Privileges and Immunities

3. (1) During the period beginning on 1 June 1987 and ending on 19 June 1987, officials of the Organization shall have in Canada, to such extent as may be required for the performance of their functions, the privileges and immunities set forth in article V of the Convention.

(2) During the period beginning on 1 June 1987 and ending on 19 June 1987, experts performing missions for the Organization shall have in Canada, to such extent as may be required for the performance of their functions, the privileges and immunities set forth in article VI of the Convention.

NOTES ^Statutes of Canada, 1974-75-76, c. 69. 2See Canada Gazette, part H, vol. 121, No. 23. 'United Nations, Treaty Series, vol. I, p. 15. "See Canada Gazette, part H, vol. 121, No. 23. 'Ibid., No. 12. Chapter n

TREATY PROVISIONS CONCERNING THE LEGAL STATUS OF THE UNITED NATIONS AND RELATED INTERGOV- ERNMENTAL ORGANIZATIONS

A. Treaty provisions concerning the legal status of the United Nations

1. CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS.1 APPROVED BY THE GENERAL ASSEMBLY OF THE UNITED NATIONS ON 13 FEBRUARY 1946

The following State became party to the Convention on the Privileges and Immunities of the United Nations in 1987:2

Date of receipt of Suite instrument cf succession Dominica 24 November 1987

This brought up to 122 the number of States parties to the Convention.3

2. INTERIM ARRANGEMENT ON PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS CONCLUDED BETWEEN THE SECRETARY-GENERAL OF THE UNITED NATIONS AND THE SWISS FEDERAL COUNCIL.4 SIGNED AT BERNE ON 11 JUNE 1946 AND AT NEW YORK ON 1 JULY 1946. APROVED BY THE GENERAL ASSEMBLY OF THE UNITED NATIONS ON 14 DECEMBER 1946

Exchange of letters constituting an agreement5 between the United Nations and the Swiss Federal Council supplementing article V, section 15, paragraph (b), of the United Nations above-mentioned Interim Arrangement. I LETTER FROM THE Swiss FEDERAL COUNCIL

19 January 1987

I have the honour to propose the addition of the following provisions to article V, section 15, paragraph (b), of the Agreement on Privileges and Immunities of the United Nations concluded with the Secretary-General of the United Nations on 11 June/1 July 1946: " 1. Any lump-sum payments made by the Pension Fund or any other social security institution to officials or employees of the United Nations under any circumstances — maturity, interruption, or suspension of services — shall, at the time of payment, be exempt in Switzerland from any tax whatsoever on capital and income. "2. The same shall apply to any lump-sum payments made to officials or employees of the United Nations in the form of benefits in respect of illness, accident, etc." I should be most grateful if you would inform me whether this proposal meets with your approval. If so, this letter and your reply will constitute an agreement between the Federal Council and the Secretary-General of the United Nations, supplementing article V, section 15, paragraph (b), of the Agreement [sic] on Privileges and Immunities of the United Nations concluded on 11 June/ 1 July 1946, and shall enter into force on the date of your acceptance.

(Signed) Pierre AUBERT Head of the Federal Department of Foreign Affairs

LETTER FROM THE UNITED NATIONS

20 January 1987

I have the honour to acknowledge receipt of your letter of 19 January 1987 in which, on behalf of the Federal Council, you proposed to the United Nations the addition of provisions to article 5, section 15, paragraph (b), of the Agreement [sic] on Privileges and Immunities of the United Nations concluded between the Swiss Federal Council and the Secretary-General of the United Nations on 19 April 1946, and signed at Beme on 11 June 1946 and at New York on 1 July 1946. Your letter reads as follows: [See letter I] I have the honour to inform you that I accept, on behalf of the Secretary- General of the United Nations, the proposed provisions set forth above. Your letter of 19 January 1987 and my reply shall constitute an agreement which shall enter into force on the date of this letter.

(Signed) Eric SUY Director-General of the United Nations Office at Geneva

3. AGREEMENTS RELATING TO INSTALLATIONS AND MEETINGS

(a) Agreement between the United Nations/FAO/World Food Programme and the Federative Republic of Brazil concerning assistance from the World Food Programme.6 Signed at Brasilia on 2 February 1987

Article V THE WFP OFFICE

(3) The Government shall grant to the person of the WFP Chief of Operations or to the senior WFP field officer, and the members of his family, the same status, privileges and immunities as those it has granted to the UNDP Deputy Resident Representative. The WFT Deputy Representative/Chief of Operations acts as WFP Representative a.i. when the WFP Representative/UNDP Resident Representative is out of the country or when no WFP Representative has been officially accredited to the Government.

Article VI FACILITIES, PRIVILEGES AND IMMUNITIES

( 1 ) The Government shall afford to officials and consultants of WFP and to other persons performing services on behalf of WFP such facilities as are afforded to those of the United Nations and specialized agencies and taking into consideration the Basic Agreement on Technical Assistance signed between the Government and the United Nations specialized agencies and the International Atomic Energy Agency (IAEA) on 29 December 1964 and any additional covenant to that Agreement subsequently signed between the Government and UNDP or any other United Nations agency. (2) The Government shall apply the provisions of the Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations to WFP, its property, funds and assets and to its officials and consultants. (3) The Government shall be responsible for dealing with any claims which may be brought by third parties against WFP or against its officials, consultants or other persons performing services on behalf of WFP under this Agreement, in the sense that the Government will intervene in any such claims in accordance with Brazilian law and the applicable treaties in force at that moment. (4) The Government shall hold WFP and the persons mentioned in paragraph 3 of this article harmless in case of any claims or liabilities resulting from operations under this Agreement, in accordance with Brazilian law, the terms of this Agreement and the applicable treaties in force at that moment, except in cases where it is agreed by the Government and WFP that such claims or liabilities arise from the gross negligence or wilful misconduct of such persons.

(b) Agreement between the United Nations and the Government of Nigeria on the United Nations Meeting of Experts on Space Science and Technology and its Applications within the Framework of Educational Systems7 [to be held at Lagos from 27 April to 1 May 1987]. Signed at New York on 27 February 1987

Article V PRIVILEGES AND IMMUNITIES

1. The Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly on 13 February 1946, shall be applicable in respect of the Meeting. 2. Participants attending the Meeting in pursuance of paragraphs 1 (a) and (c) of article II of this Agreement shall enjoy the privileges and immunities accorded to experts on mission under article VI of the Convention on the Privileges and Immunities of the United Nations. 3. Officials of the United Nations participating in or performing functions in connection with the Meeting shall enjoy the privileges and immunities under articles V and VII of the Convention. 4. Representatives of the specialized agencies participating in the Meeting shall enjoy the privileges and immunities provided under articles VI and Vin of the Convention on the Privileges and Immunities of the Specialized Agencies. 5. The personnel provided by the Government under article IV, paragraph 3, above shall enjoy immunity from legal process in respect of words spoken or written and any act performed by them in their official capacity in connection with the Meeting. 6. Without prejudice to the preceding paragraphs of this article, all persons performing functions in connection with the Meeting and all those invited to it shall enjoy such privileges, immunities and facilities as are necessary for the independent exercise of those functions. 7. The Government shall grant every facility to ensure that all participants and persons performing functions in connection with the Meeting may freely enter and leave Nigeria. Visas shall be granted free of charge and as speedily as possible. 8. The participants in the Meeting, referred to in article II above, officials of the United Nations responsible for the organization of the Meeting and experts on mission for the United Nations in connection with the Meeting shall have the right to take out of Nigeria at the time of their departure, without any restrictions,

10 any unexpended portions of the funds which they brought into Nigeria in connection with the Meeting at the United Nations official rate prevailing when the funds were brought in. 9. The Government shall allow the temporary importation, tax- and duty- free, of all equipment and shall waive import duties and taxes on supplies necessary for the Meeting. It shall issue without delay any necessary import and export permits for this purpose.

Article VI LIABILITY

1. The Government shall be responsible for dealing with any action, claim or other demand arising out of: (i) injury to person or damage to or loss of property in the premises referred to in paragraph 3 of article IV above: (ii) injury to person or damage to or loss or property caused by, or incurred in using the transport services referred to in paragraphs 3 (£) and (7) of article IV; (iii) the employment for the Meeting of the personnel provided by the Government under article IV. 2. The Government shall indemnify and hold harmless the United Nations and its personnel in respect of any such action, claim or other demand, except if it is agreed by the parties hereto that such injury, loss or damage was caused by gross negligence or wilful misconduct of United Nations personnel.

(c) Agreement between the United Nations and the Government of China regarding arrangements for the thirteenth session of the World Food Council of the United Nations8 [to be held at Beijing from 8 to 11 June 1987], Signed at Beijing on 4 June 1987

Article X LIABILITY

1. The Government shall be responsible for dealing with any action, claim or other demand against the United Nations or its personnel and arising out of: (a) injury to person or damage to or loss of property in the premises referred to in article in above; (b) injury to person or damage to or loss of property caused by, or incurred in using, the transport services referred to in article VI above. (c) the employment for the session of the personnel provided by the Government under article in above. 2. The Government shall indemnify and hold harmless the United Nations and its personnel in respect of any such action, claim or other demand. 3. The Government's responsibility shall not apply when such injury or damage is the direct consequence of intentional action by, or gross negligence of, United Nations staff.

11 Article XI PRIVILEGES AND IMMUNITIES

1. The Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly on 13 February 1946, shall be applicable in respect of the session. In particular, the representatives of States and of the United Nations Council for Namibia referred to in article n (a) and (b) shall enjoy the privileges and immunities provided under article IV, the officials of the United Nations performing functions in connection with the session shall enjoy the privileges and immunities provided under articles V and VII and experts on mission for the United Nations in connection with the session shall enjoy the privileges and immunity provided under Article VI of the Convention. 2. The representatives/observers referred to in article II (c), (e) and (g) shall enjoy immunity from legal process in respect of words spoken or written and any act performed by them in connection with their participation in the session. 3. The representatives of the specialized agencies or of the International Atomic Energy Agency, referred to in article n (d), shall enjoy the privileges and immunities provided by the Convention on the Privileges and Immunities of the Specialized Agencies or the Agreement on the Privileges and Immunities of the International Atomic Energy Agency. 4. Without prejudice to the preceding paragraphs of this article, all persons performing functions in connection with the session and all those invited to the session, except the local personnel provided by the Government, shall enjoy the privileges, immunities and facilities necessary for the independent exercise of their functions in connection with the session. 5. All persons referred to in article n, all United Nations officials serving the session and all experts on mission for the United Nations in connection with the session shall have the right of entry into and exit from China, and no impediment shall be imposed on their transit to and from the conference areas. They shall be granted facilities for speedy travel. Visas and entry permits, where required, shall be granted free of charge, as speedily as possible and not later than two weeks before the date of the opening of the session. If the application of the visa is not made at least two and a half weeks before the opening of the session, the visa shall be granted not later than three days from the receipt of the application. 6. For the purpose of the application of the Convention on the Privileges and Immunities of the United Nations, the session premises shall be deemed to constitute premises of the United Nations in the sense of section 3 of the Convention and access thereto shall be subject to the authority and control of the United Nations. The premises shall be inviolable for the duration of the session, including the preparatory stage and winding-up. 7. The participants in the session and the representatives of information media, referred to in article n above, and officials of the United Nations serving the session and experts on mission for the United Nations in connection with the session, shall have the right to take out of China at the time of their departure, without any restrictions, any unexpended portions of the funds they brought into China in connection with the session at the United Nations official rate of exchange prevailing when the funds were brought in.

12 8. The Government shall allow the temporary importation tax- and duty- free of all equipment, including technical equipment accompanying representatives of information media, and shall waive import duties and taxes on supplies necessary for the session. It shall issue without delay any necessary import and export permits for this purpose.

(d) Exchange of letters constituting an agreement between the United Nations and the Government of Sweden concerning the 1987 Meeting of Experts to Review the Implementation of the World Programme of Action concerning Disabled Persons at the Mid-point of the United Nations Decade of Disabled Persons.9 Vienna, 26 May and 2 June 1987

I LETTER FROM THE UNITED NATIONS

26 May 1987

I have the honour to refer to the arrangements for the 1987 Meeting of Experts to Review the Implementation of the World Programme of Action concerning Disabled Persons at the Mid-point of the United Nations Decade of Disabled Persons, which the United Nations is arranging in Stockholm, Sweden, from 17 to 22 August 1987 inclusive. With the present letter I wish to obtain your Government's acceptance of the following arrangements:

I wish to propose that the following terms shall apply to the Meeting: (d) (i) The Convention on the Privileges and Immunities of the United Nations of 13 February 1946 and the Convention on the Privileges and Immunities of the Specialized Agencies of 21 November 1947 shall be applicable in respect of the Meeting. (ii) Without prejudice to the provisions of the Conventions on the Privileges and Immunities of the United Nations and of the Specialized Agencies, all participants and persons performing functions in connection with the Meeting shall enjoy such facilities and courtesies as are necessary for the independent exercise of their functions in connection with the Meeting. (iii) Personnel provided by the Government pursuant to this Agreement shall enjoy immunity from legal process in respect of words spoken or written and any act performed by them in their official capacity in connection with the Meeting. (b) All participants and all persons performing functions in connection with the Meeting shall have the right of unimpeded entry into and exit from Sweden. Visas and entry permits, where required, shall be granted free of charge. When applications are made four weeks before the

13 opening of the Meeting, visas shall be granted not later than two weeks before the opening of the Meeting. If the application is made less than four weeks before the opening, visas shall be granted as speedily as possible, and not later than three days before the opening. (c) It is further understood that the Government will be responsible for dealing with any claim against the United Nations arising out of (i) injury or damage to person or property in conference or office premises provided for the Meeting; (ii) the transportation provided by the Government; and (iii) the employment for the Meeting of personnel provided or arranged by the Government; and the Government shall hold the United Nations and its personnel harmless in respect of any such claim resulting from the performance of the services under this agreement, except where it is agreed by the Secretary-General of the United Nations and the Government that such claim arises from gross negligence or wilful misconduct of such officials or persons.

I further propose that upon receipt of your confirmation in writing of the above this exchange of letters shall constitute an Agreement between the United Nations and the Government of Sweden regarding the provision of host facilities by the Government for the 1987 Meeting of Experts to Review the Implementation of the World Programme of Action concerning Disabled Persons at the Mid-point of the United Nations Decade of Disabled Persons.

(Signed) Henryk J. SOKALSKI Officer-in-Charge, Centre for Social Development and Humanitarian Affairs, Vienna International Centre

n LETTER FROM THE PERMANENT REPRESENTATIVE OF SWEDEN TO THE UNITED NATIONS OFFICE AT VIENNA

2 June 1987

With reference to your letter of 26 May 1987 regarding the arrangements for the 1987 Meeting of Experts to Review the Implementation of the World Programme of Action concerning Disabled Persons at the Mid-Point of the United Nations Decade of Disabled Persons, which the United Nations is arranging in Stockholm from 17 to 22 August 1987,1 wish to inform you that a decision was taken by the Swedish Government on 27 May 1987 to conclude an agreement with the United Nations Office at Vienna regarding the arrangements in accordance with the contents of your letter.

14 I hereby wish to confirm the Swedish Government's acceptance of the following arrangements: [See letter I] I wish to confirm that our exchange of letters shall constitute an Agreement between the United Nations and the Government of Sweden regarding the provision of host facilities by the Government for the 1987 Meeting of Experts to Review the Implementation of the World Programme of Action concerning Disabled Persons at the Mid-point of the United Nations Decade of Disabled Persons.

(Signed) Dag MALM

(e) Agreement between the United Nations and the Government of Indonesia on the Fourth United Nations/World Meteorological Organization/FAO/ European Space Agency International Training Course on Remote Sensing Applications to Operational Agro-meteo- rology and Hydrology10 [to be held at Jakarta from 13 to 30 October 1987]. Signed at New York on 19 August 1987

Article V PRIVILEGES AND IMMUNITIES

15 rions are made four weeks before the opening of the Course, visas shall be granted not later than two weeks before the opening of the Course. If the application is not made at least two and a half weeks before the opening of the Course, visas shall be granted not later than three days from the receipt of the application. Arrangements shall also be made to ensure that visas for the duration of the Course are delivered at the airport of arrival to participants who were unable to obtain them prior to their arrival. 8. The participants in the Course, referred to in article n above, officials of the United Nations responsible for the organization of the Course and experts on mission for the United Nations in connection with the Course shall have the right to take out of Indonesia at the time of their departure, without any restrictions, any unexpended portions of the funds they brought into Indonesia in connection with the Course at the United Nations official rate prevailing when the funds were brought in. 9. The Government shall allow the temporary importation, tax- and duty- free, of all equipment and shall waive import duties and taxes on supplies necessary for the Course. It shall issue without delay any necessary import and export permits for this purpose. Article VI LIABILITY

The Government shall be responsible for dealing with any action, claim or other demand rising out of (a) injury to persons or damage to property in the premises referred to in paragraph 3 (a) and (b) of article IV above; (b) injury to persons or damage to property occurring during use of the transportation referred to in article IV; (c) recruitment for the Meeting of the personnel referred to in paragraphs 2 and 3 (b), (d), (e) and (g) of article IV. The Government shall hold the United Nations and its personnel harmless in respect of any such action, claim or other demand.

(/) Exchange of letters constituting an agreement between the United Nations and the Government of the United Kingdom of Great Britain and Northern Ireland regarding the United Nations Sugar Conference, 1987." Geneva, 20 and 28 August 1987

I LETTER FROM THE UNITED NATIONS

20 August 1987

I have the honour to refer to the arrangements for the United Nations Sugar Conference, 1987, which, at the invitation of the International Sugar Council, the United Nations proposes to convene on 10 and 11 September 1987 in London, subject to your Government's concurrence. In this connection, I would be most grateful if your Government could agree to the following arrangements for the Conference.

16 After consultation with the International Sugar Organization, I propose that the Conference be held at the premises of the Organization, Haymarket House, 28 Haymarket, London, which shall be deemed to constitute, for the duration of the Conference, the premises of the United Nations in the sense of section 3 of the Convention on the Privileges and Immunities of the United Nations. Secondly, I propose that participation in the Conference shall be open to such representatives and observers as, in accordance with United Nations practice, the Secretary-General may designate or invite to attend. Thirdly, I propose that the Convention on the Privileges and Immunities of the United Nations, the Convention on the Privileges and Immunities of the Specialized Agencies and the Headquarters Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the International Sugar Organization shall, as appropriate, be applicable in respect of the Conference. Finally, I propose that, upon receipt of your confirmation in writing of the above, this exchange of letters shall set out the arrangements between the United Nations and the Government of the United Kingdom of Great Britain and Northern Ireland regarding the United Nations Sugar Conference, 1987.

(Signed) K. K. S. DADZIE Secretary-General of UNCTAD

LETTER FROM THE PERMANENT MISSION OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

28 August 1987

I have the honour, with reference to your letter dated 20 August 1987, to state that my Government is content that the United Nations Sugar Conference should be held in London on 10 and 11 September 1987. In this connection, the following arrangements for the Conference are acceptable to my Government. [See letter I] Finally, I confirm that this exchange of letters sets out the arrangements between the United Nations and the Government of the United Kingdom of Great Britain and Northern Ireland regarding the United Nations Sugar Conference, 1987.

(Signed) D. J. Moss Acting Permanent Representative United Kingdom Mission, Geneva

17 (g) Agreement between the United Nations and the Government of the German Democratic Republic on the United Nations International Training Course on Remote Sensing Applications to Geological Sciences12 [to be held at Dresden from 6 to 23 October 1987]. Signed at New York on 3 September 1987

Article V PRIVILEGES AND IMMUNITIES

1. The Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly on 13 February 1946, shall be applicable in respect of the Course. 2. Participants attending the Course in pursuance of paragraph 1 (a) and (b) of article II of this Agreement shall enjoy the privileges and immunities accorded to experts on mission under article VI of the Convention on the Privileges and Immunities of the United Nations. 3. Officials of the United Nations participating in or performing functions in connection with the Course shall enjoy the privileges and immunities provided under articles V and VTI of the Convention. 4. Representatives of the specialized agencies participating in the Course shall enjoy the privileges and immunities provided under articles VI and VTII of the Convention on the Privileges and Immunities of the Specialized Agencies. 5. The personnel provided by the Government under article IV, paragraph 3, above, shall enjoy immunity from legal process in respect of words spoken or written and any act performed by them in their official capacity in connection with the Course. 6. Without prejudice to the preceding paragraphs of this article, all persons performing functions in connection with the Course and all those invited to the Course shall enjoy such privileges, immunities and facilities as are necessary for the independent exercise of their functions in connection with the Course. 7. All participants and persons performing functions in connection with the Course shall have the right of unimpeded entry into and exit from the German Democratic Republic. Visas shall be granted free of charge and as speedily as possible. When applications are made four weeks before the opening of the Course, visas shall be granted not later than two weeks before the opening of the Course. If the application is not made at least two and a half weeks before the opening of the Course, visas shall be granted not later than three days from the receipt of the application. Arrangements shall also be made to ensure that visas for the duration of the Course are delivered at the airport of arrival to the participants who were unable to obtain them prior to their arrival. 8. The participants in the Course, referred to in article n above, officials of the United Nations responsible for the organization of the Course and experts on mission for the United Nations in connection with the Course shall have the right to take out of the German Democratic Republic at the time of their departure, without any restrictions, any unexpended portions of the funds they brought into the German Democratic Republic in connection with the Course at the official rate prevailing when the funds were brought in.

18 9. The Government shall allow the temporary importation, tax- and duty- free, of all equipment and shall waive import duties and taxes on supplies necessary for the Course. It shall issue without delay any necessary import and export permits for this purpose.

Article VI LIABILITY

1. The Government shall be responsible for dealing with any action, claim or other demand arising out of (a) injury to persons or damage to or loss of property in the premises referred to in paragraph 3 (a) and (b) of article IV above; (b) injury to persons or damage to or loss of property caused by, or incurred in using the transport services referred to in article IV; (c) the employment for the Course of the personnel provided by the Government under article IV. 2. The Government shall indemnify and hold harmles the United Nations and its personnel in respect of any such action, claim or other demand.

(h) Agreement between the United Nations and the Government of Peru regarding the establishment in Lima of the Regional Centre for Peace, Disarmament and Development in Latin America.13 Signed at New York on 25 September 1987

The Government of Peru and the United Nations, Considering that the Government of Peru (hereinafter referred to as "the Government") and the United Nations, in accordance with General Assembly resolution 4160 J of 3 December 1986, have agreed to establish in Lima, Peru, the United Nations Regional Centre for Peace, Disarmament and Development in Latin America (hereinafter referred to as "the Centre"), Considering that the Government undertakes to assist the United Nations in securing all the necessary facilities for the establishment and functioning of the Centre, Considering that the Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly of the United Nations on 13 February 1946 (hereinafter referred to as "the Convention", applies to the field offices which are an integral part of the Secretariat of the United Nations. Considering that it is desirable to conclude an agreement to regulate questions arising as a result of the establishment of the Centre in Lima, Have agreed as follows:

Article I ESTABLISHMENT OF THE CENTRE

Section 1 The United Nations Centre for Peace, Disarmament and Development in Latin America shall be established in Lima, Peru, to carry out the functions assigned to it by the General Assembly and the Secretary-General, within the framework of the Department for Disarmament Affairs.

19 Article II STATUS OF THE CENTRE Section 2 The premises of the Centre and the residence of the Director shall be inviolable.

Section 3 The appropriate Peruvian authorities shall exercise due diligence to ensure the security and protection of the premises of the Centre and its staff.

Section 4 The appropriate Peruvian authorities shall exercise their respective powers to ensure that the Centre shall be supplied with the necessary public services on equitable terms. The Centre shall enjoy treatment for the use of telephone, radio- telegraph and mail communication facilities, not less favourable than that normally accorded and extended to diplomatic missions. Article 111 FACTUTTES AND SERVICES

Section5 In addition to the provisions made in paragraph 1 of resolution 41/60 J, the Government shall make an annual contribution towards the maintenance and operation of the Centre. Such contribution shall be stipulated in an exchange of letters between the Government and the United Nations which shall form part of this Agreement. Article IV OFFICIALS OF THE CENTRE Section 6 Officials of the Centre shall be entitled to the privileges and immunities provided for in section 18 of the Convention on the Privileges and Immunities of the United Nations, to which Peru is a party.

Section 7 In addition to the privileges and immunities referred to in section 6 above, the Director of the Centre shall enjoy, in respect of himself, his spouse, his relatives dependent on him, the privileges and immunities, exemptions and facilities normally accorded to envoys of international organizations of comparable rank. He shall for this purpose be included in the Diplomatic List of the Ministry of Foreign Affairs of Peru.

Section 8 The privileges and immunities referred to in this Agreement are granted solely for the purpose of carrying out effectively the aims and purposes of the United Nations. The Secretary-General of the United Nations may waive the immunity of any staff member whenever in his opinion such immunity would impede the course of justice and can be waived without prejudice to the interests of the United Nations.

20 Article V GENERAL PROVISIONS

Section 9 The provisions of the Convention on the Privileges and Immunities of the United Nations, to which Peru acceded on 24 July 1963, shall fully apply to the Centre, and the provisions of this Agreement shall be complementary to those of the Convention relating to the same subject-matter; the two provisions shall, where possible, be treated as complementary, so that both provisions shall be applicable and neither shall restrict the effect of the other.

Section 10 This Agreement shall be construed in the light of its primary purpose of enabling the Centre in Peru fully and efficiently to discharge its responsibilities and fufil its purpose.

(0 Agreement between the United Nations and the Government of Egypt relating to the continuation and further extension of the Interregional Centre for Demographic Research and Training, established at Cairo.14 Signed at Cairo on 22 December 1987

Article I OBJECTIVES AND ACTIVITIES OF THE CENTRE

1. The Centre, established in Cairo under the joint auspices of the United Nations and the Government and known as the "Cairo Demographic Centre", shall continue to seek to serve as an interregional centre.

5. The Centre shall have a juridical personality independent of that of the parties, and shall not be considered as forming part of either the United Nations or the Government.

Article VI COOPERATION OF THE GOVERNMENT

1. The Government shall provide the following:

3. It shall be the responsibility of the Government to deal with any claims which may be brought by third parties residing within its territory against the United Nations and its personnel, and shall hold the United Nations or its person-

21 nel harmless in case of any such claims or liabilities resulting from operations under this Agreement, except where it is agreed by the parties that such claims or liabilities arise from gross negligence or the wilful misconduct of such personnel.

Article VII FACILITIES, PRIVILEGES AND IMMUNITIES

1. Scientific apparatus, equipment and educational materials, articles and provisions (such as calculating machines, books, films, etc.) procured for the Centre shall be imported without restrictions or prohibitions and shall be exempt from customs duties and other duties or taxes. It is understood, however, that such articles and goods shall not be sold or traded in the Arab Republic of Egypt except under conditions agreed to by the United Nations and the Government.

2. Officials of the United Nations performing functions in connection with the Centre shall enjoy the priviliges and immunities provided under articles V and VII of the Convention on Privileges and Immunities of the United Nations, and the members of the Governing Council as referred to in article II and of the Advisory Committee as referred to in article III, who are not otherwise officials of the organizations, shall enjoy the privileges and immunities under article VI of the Convention whenever the aforementioned bodies are in session or whenever the members of these bodies are performing functions in connection with the Centre.

3. Without prejudice to the foregoing provision, the Government undertakes to accord all members of the Governing Council and of the Advisory Committee such facilities and courtesies as are necessary for the exercise of their functions in connection with the Centre.

4. Experts or consultants to be recruited by the Centre with resources made available by the United Nations as provided for in article IV, paragraph 2, f, and article V, paragraph 1, b, of this Agreement who are not Egyptian nationals shall be entitled to the same privileges and immunities accorded to persons performing services on behalf of the United Nations Development Programme (UNDP), United Nations agencies or the International Atomic Energy Agency or cooperating in the execution of UNDP-assisted projects as per the Agreement between the Government and UNDP of 19 January 1987.

5. All holders of United Nations fellowships at the Centre who are not nationals of the Arab Republic of Egypt shall have right of entry into and exit from the Arab Republic of Egypt and of sojourn there for the period necessary for their training. They shall be granted facilities for speedy travel; visas, where required, shall be granted promptly and free of charge.

22 4. AGREEMENTS RELATING TO THE UNITED NATIONS CHTL- DREN'S FUND: REVISED MODEL AGREEMENT CONCERNING THE ACTF/ITIES OF UNICEF15

Article VI CLAIMS AGAINST UNICEF

[See Juridical Yearbook, 1965, pp. 31 and 32] Article VII PRIVILEGES AND IMMUNITIES

[See Juridical Yearbook, 1965, p. 32]

Agreements between the United Nations (United Nations Children's Fund) and the Government of Oman,16 the Government of Lesotho,17 the Government of Mauritius18 and the Government of Zambia." Signed respectively at Muscat on 5 September 1987, at Maseru on 24 September 1987, at Port Louis on 24 September 1987 and at Lusaka on 30 and 31 December 1987. These Agreements contain provisions similar to articles VI and VTJ of the Revised Model Agreement, except that, in the Agreements concluded by Botswana, Lesotho and Zambia, article VII provides that taxes, fees, tolls or dudes shall not be levied also on "services furnished by UNICEF'.

5. AGREEMENTS RELATING TO THE UNITED NATIONS DEVELOPMENT PROGRAMME: STANDARD BASIC ASSIS- TANCE AGREEMENT BETWEEN THE RECIPIENT GOV- ERNMENT AND THE UNITED NATIONS DEVELOPMENT PROGRAMME20 Article HI EXECUTION OF PROJECTS

5. [See Juridical Yearbook, 1973, p. 24] Article IX PRIVILEGES AND IMMUNITIES

[See Juridical Yearbook, 1973, p. 25] Article X FACILITIES FOR EXECUTION OF UNDP ASSISTANCE

[See Juridical Yearbook, 1973, pp. 25 and 26]

23 Article XIII GENERAL PROVISIONS

4. [See Juridical Yearbook, 1973, p. 26]

Agreements between the United Nations (United Nations Development Programme) and the Government of Argentina,21 the Government of Egypt,22 the Government of Kiribati23 and the Government of Burma.24 Signed respectively at Buenos Aires on 26 February 1985, at Cairo on 19 January 1987, at Tarawa on 5 May 1987 and at Rangoon on 17 September 1987

These Agreements contain provisions similar to articles III.5, IX, X and Xm.4 of the Standard Basic Agreement except that in the Agreements concluded by Egypt, Kiribati and Burma, paragraph 3 of article IX reads as follows: "Members of the UNDP mission in the country may be granted such additional privileges and immunities as may be necessary for effective exercise by the mission of its functions." At the end of the same paragraph in the Agreement with Burma the following words are added: "and as may be agreed upon by the Parties".

6. AGREEMENTS RELATING TO THE UNITED NATIONS REVOLVING FUND FOR NATURAL RESOURCES EXPLORATION

Project Agreement between the United Nations (United Nations Revolving Fund for Natural Resources Exploration) and the Government of Mexico.25 Signed at Mexico City on 24 March 1986

Article V PRIVILEGES AND IMMUNITIES

Section 5.01. The Government shall apply to the Fund and any United Nations organ acting on behalf of the Fund in carrying out the Project or any part thereof, as well as to the Fund's and such organ's officials, property, funds and assets, the provisions of the Convention on the Privileges and Immunities of the United Nations as accepted by the Government according to the decree published in the Diario Official dated 16 February 1962. Section 5.02. For the purpose of the instruments on privileges and immunities referred to in section 5.01, all papers and documents relating to the Project or any part thereof in the possession or under the control of any person, natural or juridical, acting on behalf of the Fund, shall be deemed to be documents belonging to the United Nations.

24 Section 5.03. In the case of officials of the United Nations the Government shall grant duty-free exemption for their baggage as well as their household belongings, provided that the request is presented through the United Nations representative in Mexico and through the Secretariat of Foreign Affairs. Section 5.04. The Fund shall keep the Government currently informed about the officials to whom the privileges and immunities mentioned herein shall apply. Article VI GOVERNMENT'S ASSISTANCE TO THE PROJECT

Section 6.02 (a) The Government shall take any measures which may be necessary to overcome any obstacles which the Fund and any persons acting on behalf of the Fund may encounter in carrying out the Project or any part thereof, or any obstacles which may interfere with the execution of the Project or payment to the Fund of any Replenishment Contribution due the Fund hereunder, and shall grant them such other facilities as may be necessary for the speedy and efficient carrying out of the Project. (b) The Government shall in particular grant to the Fund and to any persons or organizations (including their officials or staff) acting on behalf of the Fund in carrying out the Project or any part thereof, the following rights and facilities: (i) Prompt issuance without cost of necessary visas, licences or permits; (ii) Access to any part of the Exploration Area and the Target Area or Areas; (iii) Any permits necessary for the importation of equipment, materials, supplies, personal and household goods and goods for their personal use, and for their subsequent exportation; (iv) Prompt clearance through customs of the items referred to in paragraph (iii) above; (v) Exemption from any taxes, fees or charges that might otherwise be payable under the laws and regulations in effect in the Government's territory on (A) the payment of any Replenishment Contribution to the Fund or on the transfer thereof to any account outside the Government's territory, or (B) on or in connection with the execution, delivery or registration of this Agreement. Section 6.03. The Government shall be responsible for dealing with any claims which may be brought by third parties against the Fund, or against its personnel or other persons performing services on behalf of the Fund under this Agreement and shall hold the Fund and the above-mentioned persons harmless in case of any claims or liabilities resulting from operations under this Agreement except where it is agreed by the parties hereto that such claims or liabilities arise from gross negligence or wilful misconduct of such persons.

25 B. Treaty provisions concerning the legal status of intergovernmental organizations related to the United Nations

1. CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE SPECIALIZED AGENCIES.26 APPROVED BY THE GENERAL ASSEMBLY OF THE UNITED NATIONS ON 21 NOVEMBER 1947

In 1987 the following States acceded to the Convention or, if already parties, undertook by a subsequent notification to apply the provisions of the Convention in respect of the specialized agencies indicated below:27

State Date of receipt of notification Specialized agencies Italy 15 September 1987 UNIDO As of 31 December 1987,94 States were parties to the Convention.28

2. FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS

(a) Agreements based on the standard "Memorandum of Responsibilities" in respect of FAO sessions

Agreements concerning specific sessions held outside FAO headquarters, containing provisions on privileges and immunities of FAO and participants similar to the standard text,29 were concluded in 1987 with the Governments of the following countries acting as hosts to such sessions: Algeria, Bangladesh, Brazil, Botswana, Burundi, Cameroon, Canada,30 China, Côte d'Ivoire, Cyprus, France,30 Ghana, Greece, Hungary, Indonesia, Italy,30 Jamaica,30 Mauritius, Mexico,30 Morocco, Netherlands,30 Poland, Oman, Pakistan, Spain,30 Sweden,30 Thailand,30 Trinidad and Tobago, Tunisia, Turkey, United Kingdom,30 and Uruguay.

(b) Agreements based on the standard "Memorandum of Responsibilities" in respect of seminars, workshops, training courses or related study tours

Agreements concerning specific training activities, containing provisions on privileges and immunities of FAO and participants similar to the standard text,31 were concluded in 1987 with the Governments of the following countries acting as hosts to such training activities: Argentina,30 Benin, China, Colombia,30 Côte d'Ivoire, Ecuador, Egypt, Italy,30 Kenya, Niger, Philippines, Poland, Sudan, Thailand, Yugoslavia, and Zimbabwe.

26 3. UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION

Agreements relating to conferences, seminars and other meetings

The following standard clause concerning privileges and immunities was used in agreements between UNESCO and member States concerning UNESCO meetings organized in those States during 1987.

"IE. Privileges and immunities The Government of [name of country] shall apply, in all matters relating to this meeting, the provisions of the Convention on the Privileges and Immunities of the Specialized Agencies as well as annex IV thereof [to which [name of country] has been a party since [applicable date]]. In particular, the Government shall ensure that no restriction is placed upon the entry into, sojourn in, and departure from the territory of [name of country] of all persons, of whatever nationality, entitled to attend the meeting by virtue of a decision of the appropriate authorities of UNESCO and in accordance with the Organization's pertinent rules and regulations." (With regard to international conferences of States and intergovernmental meetings the following sentence is added: " In addition, the Government shall apply mutatis mutandis, to government representatives participating in the meeting, the relevant provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961.")

4. INTERNATIONAL MARITIME ORGANIZATION

Agreement between the International Maritime Organization and the Government of Italy concerning the International Conference on the Suppression of Unlawful Acts against the Safety of Maritime Navigation32 [to be held in Rome from 1 to 10 March 1988]. Done at London on 19 October 1987

IX. Privileges and immunities

1. The status of the premises put at the disposal of the Organization, the facilities in respect of communications, the status of officials and of representatives of States invited to the meeting, and, generally, all questions concerning privileges and immunities of these persons and the Organization shall be determined by reference to the Convention on the Privileges and Immunities of the Specialized Agencies, done on 21 November 1947, and annex XII thereof as applicable to the Organization, to which the Italian Republic became a party on 30 August 1985. 2. The Secretary-General of the Organization shall be accorded the privileges, immunities, exemptions and facilities described in section 21 of article VI of the aforementioned Convention.

27 3. The Government undertakes to issue to the following persons, without delay and free of charge, either in their national passport or in the United Nations laissez-passer, any visa required to enable them to enter the Italian Republic for the Conference: (à) The representatives of the States invited to the Conference and officials of the Organization and the families (spouse and children) of those representatives and officials; (b) The representatives of international and other organizations and observers invited to the Conference. 4. With regard to customs or foreign exchange regulations, officials shall be accorded the same facilities as those accorded to the representatives of foreign Governments on official mission to the Italian Republic.

5. UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION

(a) Agreements relating to conferences and meetings

(i) Agreement between the United Nations Industrial Development Organization and the Government of Poland regarding the arrangements of the United Nations Industrial Development Organization's First Consultation on the Fisheries Industry33 [to be held at Gdansk from 1 to 5 June 1987]. Signed at Vienna on 21 May 1987

Article X LIABILITY

1. The Government shall be responsible for dealing with any action, claim or other demand against the UNIDO or its officials and arising out of: (à) Injury to persons or damage to or loss of property in the premises referred to in article III that are provided by or are under the control of the Government; (b) The employment for the Consultation of the personnel provided by the Government under article VIII; (c) Any transportation provided by the Government for the Consultation. 2. The Government shall indemnify and hold harmless UNIDO and its officials in respect of any such action, claim or other demand.

Article XI PRIVILEGES AND IMMUNITIES

1. In accordance with article 21 of the Constitution of UNIDO, the Convention on the Privileges and Immunities of the United Nations, adopted on

28 13 February 1946 by the General Assembly of the United Nations, shall be applicable in respect of the Consultation. In particular, the participants referred to in article H, paragraph 1 (a), above, shall enjoy the privileges and immunities provided under article IV of the Convention, the officials of UNIDO performing functions in connection with the Consultation referred to in article II, paragraph 2, above, shall enjoy the privileges and immunities provided under articles V and Vn of the Convention, and any experts on mission for the UNIDO in connection with the Consultation shall enjoy the privileges and immunities provided under articles VI and VII of the Convention. 2. The representatives and observers referred to in article H, paragraph 1 (£>), above, shall enjoy immunity from legal process in respect of words spoken or written and any act performed by them in connection with their participation in the Consultation. 3. Without prejudice to the preceding paragraphs of the present article, all persons performing functions in connection with the Consultation, including those referred to in article VIII and all those participating in the Consultation, shall enjoy the privileges, immunities and facilities necessary for the independent exercise of their functions in connection with the Consultation. 4. All persons referred to in article n shall have the right of entry into and exit from the Polish People's Republic and no impediment shall be imposed on their transit to and from the conference area. Visas and entry permits, where required, shall be granted free of charge as speedily as possible. Arrangements shall also be made to ensure that visas for the duration of the Convention are delivered at the airport or other specified point of entry to participants coming from countries where there is no Polish embassy or consulate and who therefore were unable to obtain them prior to their arrival. 5. For the purpose of the Convention on the Privileges and Immunities of the United Nations, the conference premises specified in article HI, paragraph 1, above, shall be deemed to constitute premises of UNIDO in the sense of section 3 of the Convention and access thereto shall be subject to the authority and control of UNIDO. The premises shall be inviolable for the duration of the Consultation, including the preparatory stage and the winding-up. 6. All persons referred to in article n above shall have the right to take out of the Polish People's Republic at the time of their departure, without any restriction, any unexpended portions of the funds they brought into the Polish People's Republic in connection with the Consultation and to reconvert any such funds at the rate at which they had been originally converted. 7. The Government shall allow the temporary importation, tax- and duty- free, of all equipment, including technical equipment accompanying representatives of information media, and shall waive import duties and taxes on supplies necessary for the Consultation. It shall issue without delay any necessary import and export permits for this purpose.

(ii) Agreement between the United Nations Industrial Development Organization and the Government of France regarding arrangements for the Second Consultation on the training of Industrial Manpower34 [to be held in Paris from 14 to 18 September 1987], with memorandum and exchange of letters. Signed at Vienna on 22 July 1987

29 Article X PRIVILEGES AND IMMUNITIES

1. The Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly on 13 February 1946, to which France is a party, shall be applicable in respect of the Consultation. In particular, the participants referred to in article n, paragraph 1 (a), above, shall enjoy the privileges and immunities provided under article IV of the Convention, the UNTDO officials to the Consultation referred to in article n, paragraph 1 (c) and paragraph 2 above shall enjoy the privileges and immunties provided under articles V and VII of the Convention, and the experts on mission for UNIDO in connection with the Consultation shall enjoy the privileges and immunities provided under article VI, and article VII, section 26, of the Convention. 2. Without prejudice to the preceding paragraph of this article, the Government of the French Republic shall accord to all persons performing functions in connection with the Consultation, and to those participating in it, the facilities necessary for the independent exercise of their functions in connection with the Consultation. 3. All the participants and all the persons assigned to the Consultation shall have the right of entry into and exit from France and no impediment shall be imposed on their transit to or from the venue of the Consultation, in accordance with the memorandum agreed upon and annexed to this Agreement. The necessary entry and exit visas shall be granted free of charge and as speedily as possible, under the conditions laid down in the regulations in force. 4. For the purposes of the application of the Convention on the Privileges and Immunities of the United Nations, the Conference premises referred to in article nj, paragraph 1, above shall be deemed to constitute premises of UNIDO in the sense of section 3 of the Convention, and access thereto shall be subject to the authority and control of UNIDO. The premises shall be inviolable for the duration of the Consultation, including the preparatory stage and winding-up. 5. All the persons referred to in article n above shall have the right to take out of France, at the time of their departure, without any restrictions, any unexpended portion of the funds they brought into France in connection with the Consultation, at the official rate of exchange prevailing when the funds were brought in. 6. The Government shall allow the temporary importation, tax- and duty- free, of all equipment, including technical equipment accompanying representatives of information media, and shall waive import duties and taxes on all supplies necessary for the Consultation. It shall issue without delay any necessary import and export permits for this purpose.

MEMORANDUM CONCERNING ARTICLE X, PARAGRAPH 3, OF THE AGREEMENT BETWEEN THE UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION AND THE GOVERNMENT OF THE FRENCH REPUBLIC REGARDING ARRANGE- MENTS FOR THE SECOND CONSULTATION ON THE TRAINING OF INDUSTRIAL MANPOWER, PARIS, FRANCE, 14-18 SEPTEMBER 1987

30 During the negotiation of article X, paragraph 3, of the Agreement between the Government of the French Republic and UNIDO concerning the organization of the Second Consultation on the Training of Industrial Manpower to be held in Paris, the two parties agreed on the following provisions: "UNIDO agrees to provide the French authorities as speedily as possible with a list of the persons invited to the Consultation and all other persons assigned to it. The Organization shall do its best to ensure that visa applications are submitted at least four weeks before the opening of the Consultation." "The visas shall be granted as speedily as possible. The provisions of article X, paragraph 3, shall not prevent France from opposing the entry of any person on serious grounds relating to public safety, and not on the basis of considerations relating to the nationality, religion, occupation or political affiliation of the person concerned." Signed on 22 July 1987 at Vienna, in duplicate, in the French language.

EXCHANGE OF LETTERS I LETTER FROM THE GOVERNMENT OF FRANCE

22 July 1987

Further to our talks concerning the holding in Paris of the Second Consultation on the Training of Industrial Manpower (14-18 September 1987), I have the honour, on instructions from my Government, to propose to you the following text, intended to define the responsibility of my Government as host of the Consultation: "The Government of the French Republic agrees to assume responsibility for the indemnification of any injury or damage caused by UNIDO or its personnel to persons or property in the premises referred to in article UJ of the Agreement between the United Nations Industrial Development Organization and the Government of the French Republic concerning Arrangements for the Second Consultation on the Training of Industrial Manpower, to be held in Paris from 14 to 18 September 1987, or to those premises themselves, or as a result of the employment of the local personnel referred to in articles UJ and VIII of the aforementioned Agreement in connection with any transportation provided by the Government under articles UJ and VIU of the aforementioned Agreement, or on the occasion of the Consultation, provided that such injury or damage is not caused by a manifestly wilful or wrongful act or by gross negligence on the part of the UNIDO officials attending the Consultation." I should be obliged if you would inform me whether the foregoing provisions are acceptable to the United Nations Industrial Development Organization. If so, the present letter, together with your reply, shall constitute an agreement

31 between the French Government and the United Nations Industrial Development Organization which shall enter into force on the date of your reply. This Agreement shall remain in force for the duration of the Consultation and during any other subsequent period that may be necessary for the settlement of all questions relating to this Agreement.

(Signed) André BAEYENS Ambassador Permanent Representative of France toUNIDO II

LETTER FROM UNIDO

22 July 1987

I have the honour to acknowledge receipt of your letter of 22 July 1987, reading as follows:

[See letter I]

I also have the honour to inform you, on behalf of the United Nations Industrial Development Organization, that the foregoing proposals are acceptable to the United Nations Industrial Development Organization. Your letter and this reply thus constitute an agreement between the Government of the French Republic and the United Nations Industrial Development Organization, which shall enter into force today. The Agreement shall remain in force for the duration of the Consultation and during any other subsequent period that may be necessary for the settlement of all questions relating to this agreement.

(Signed) Domingo L. SlAZON, Jr.

(iii) Agreement between the United Nations Industrial Development Organization and the Government of Thailand regarding the arrangements for the second regular session of the General Conference of UNIDO35 [to be held at Bangkok from 9 to 13 November 1987]. Signed at Vienna on 30 September 1987

This Agreement contains provisions similar to articles X and XI of the Agreement under subsection (i) above except that the matters dealt with in its paragraphs 2,3,4, and 5 of article XI read as follows: 2. The representatives or observers referred to in article H, paragraph 1 (e\ (/), (g). and (h), above, shall enjoy the status of experts on missions for UNIDO and the privileges and immunities listed in article VI of the said Convention shall be applicable to them.

32 3. The representatives of the specialized or related agencies, referred to in article H, paragraph 1 (d), above, shall enjoy the privileges and immunities provided by the Convention on the Privileges and Immunities of the Specialized Agencies or the Agreement on the Privileges and Immunities of the International Atomic Energy Agency, as appropriate. 4. Without prejudice to the preceding paragraphs of the present article, all persons performing functions in connection with the Conference, and all those participating in the Conference, with the exclusion of the local personnel provided by the Government pursuant to article Vffl, shall enjoy the privileges, immunities and facilities necessary for the independent exercise of their functions in connection with the Conference. 5. All persons referred to in article n shall have the right of entry into and exit from Thailand, and no impediment shall be imposed on their transit to and from the conference area. They shall be granted facilities for speedy travel. Visas and entry permits, where required, shall be granted free of charge, as speedily as possible and not later than two weeks before the date of the opening of the Conference, provided the application for the visa is made at least three weeks before the opening of the Conference; if the application is made later, the visa shall be granted not later than three days from the receipt of the application. Arrangements shall also be made to ensure that visas for the duration of the Conference are delivered at the airport or other specified points of entry to participants who were unable to obtain them prior to their arrival. Exit permits, where required, shall be granted free of charge, as speedily as possible, and in any case not later than three days before the closing of the Conference.

(iv) Exchange of notes constituting an agreement between the United Nations Industrial Development Organization and the Government of Spain regarding the arrangements for the United Nations Industrial Development Organization's Third Consultation on the Pharmaceutical Industry36 [to be held at Madrid from 5 to 9 October 1987]. Vienna, 30 July, 28 September and 14 October 1987

This Agreement contains provisions similar to articles X and XI of the Agreement under subsection (i) above, except that paragraph 4 reads as follows: 4. All persons referred to in the section entitled "Participation in the Consultation Meeting" shall have the right of entry into and exit from Spain and no impediment shall be imposed on their transit to and from the conference area. They shall be granted all necessary facilities for speedy travel. Visas and entry permits, where required, shall be granted free of charge, as speedily as possible and not later than two weeks before the opening of the Consultation, provided the application for the visa is made three weeks in advance; if the application is made later, the visa shall be granted not later than three days from the receipt of the application. Arrangements shall also be made to ensure that visas are delivered at the airport or at other specified points of entry to participants who were unable to obtain them prior to their arrival. Exit permits, where required, shall be granted free of charge, as speedily as possible, and in any case not later than three days before the closing of the conference.

33 (v) Agreement between the United Nations Industrial Development Organization and the Government of Hungary regarding the arrangements for the United Nations Industrial Development Organization's First Consultation on the Non-ferrous Metals Industries37 [to be held at Budapest from 29 November to 4 December 1987]. Signed at Vienna on 21 October 1987

This Agreement contains provisions similar to articles X and XI of the Agreement under subsection (i) above.

(b) Agreements for the establishment of UNIDO Investment Promotion Services

(i) Agreement between the United Nations Industrial Development Organization and the Government of the Republic of Korea on the United Nations Industrial Organization Service in the Republic of Korea for the Promotion of Industrial Investment in Developing Countries.38 Signed at Vienna on 15 April 1987

Article IX

It is agreed that the Convention on the Privileges and Immunities of the United Nations (1946) applies to the Service in Seoul and its personnel, it being understood that with respect to the application to the locally recruited UNIDO officials of section 18, article V, of the said Convention, UNIDO will assert only the privileges and immunities provided for in subparagraphs (a) and (b) of that section: This Convention shall apply until the Convention on the Privileges and Immunities of the Specialized Agencies enters into effect for the Republic of Korea with respect to UNIDO, after which time that Convention shall apply.

(ii) Exchange of letters constituting an agreement between the United Nations Industrial Development Organization and the Government of the United States of America concerning the arrangements for the establishment in the United States of America of a UNIDO service for the Promotion of Industrial Development in Developing Countries.39 Vienna, 30 October 1986 and 2 July 1987

NOTE FROM THE UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION

30 October 1986

I have the honour to refer to the arrangements for the establishment in the United States of America of a UNIDO Service for the Promotion of Industrial Development in Developing Countries.

34 In this connection I further have the honour to propose that the following terms shall apply to the Service and to its establishment: 1. The Service shall be located in Washington, D.C. It shall begin its work on 1 November 1986. 2. The Service shall form part of the Secretariat of UNIDO. The Head of the Service shall be appointed by the Director-General of UNIDO, in accordance with the Staff Regulations and Rules of UNIDO. 3. In accordance with the provisions of article 21.2 (b) of the Constitution of UNIDO, the Convention on the Privileges and Immunities of the United Nations, adopted on 13 February 1946, shall apply to the Service. In order to facilitate the official functioning of the Service, I further wish to formally request that favourable consideration be given to issuing an Executive Order designating the Service as being entitled to enjoy the privileges, exemptions and immunities provided in the United States' International Organizations' Immunities' Act, as amended. Finally, I have the honour to propose that the present letter and your letter in reply thereto, confirming on behalf of the Government of the United States of America acceptance of the terms set out in points 1 and 3 above, shall constitute an agreement between the Government of the United States of America and the United Nations Industrial Development Organization, which shall enter into force on the date of your reply.

(Signed) Domingo L. SlAZON, Jr. n LETTER FROM THE UNITED STATES MISSION TO THE UNITED NATIONS SYSTEM ORGANIZATIONS IN VIENNA

2 July 1987

I refer to your letter to me of 30 October 1986 concerning the privileges and immunities of the office of the UNIDO Service for the Promotion of Industrial Development in Developing Countries located in Washington, D.C. I am pleased to confirm on behalf of the United States Government its acceptance of points numbered 1 through 3 in your letter. (Signed) Bruce CHAPMAN Ambassador Permanent Representative of the United States of America to UNIDO

35 6. INTERNATIONAL ATOMIC ENERGY AGENCY

(à) Agreement on the Privileges and Immunities of the International Atomic Energy Agency.40 Approved by the Board of Governors of the Agency on 1 July 1959

In 1987 the following State accepted the Agreement on the date indicated below:

Stale Date of ratification Chile 8 December 1987 As of 31 December 1987,60 States were parties to the Agreement.

(b) Incorporation of provisions of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency by reference in other agreements with States that are not or were not at the time parties to the Agreement:

(i) Part VIII, section 24 of the Agreement between the Government of Chile and the International Atomic Energy Agency for the application of Safeguards to Nuclear Material supplied from China.41 Signed at Vienna on 18 September 1987 (ii) Article 10 of the Agreement between the Government of Brunei Darussalam and the International Atomic Energy Agency for the application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons.42 Signed at Vienna on 4 November 1987

NOTES 'United Nations, Treaty Series, vol. I, p. 15. The Convention is in force with regard to each State which deposited an instrument of accession or succession with the Secretary-General of the United Nations as from the date of its deposit. Tor the list of those States, see Multilateral Treaties Deposited with the Secretary- General (United Nations publication, Sales No. E.95.V.5). 4United Nations Treaty Series, vol. I, p. 163. "Came into force on 20 January 1987. 6Came into force on the date of signature. 'Came into force on the date of signature. 8Came into force on the date of signature. 'Came into force on 9 June 1987. '"Came into force on the date of signature. "Came into force on 28 August 1987. 12Came into force on the date of signature. "Came into force on the date of signature. '"Came into force on the date of signature. "1972 Revised Model Text. Provisions in question of the Model Text are similar to the provisions reproduced in Juridical Yearbook, 1965. "Came into force on 5 September 1987.

36 17Came into force on 24 September 1987. "Came into force on 24 September 1987. "Came into force on 31 December 1987. ^UNDP, Basic Documents Manual, chap. HO). 2lCame into force on 31 August 1987. 22Came into force on 2 July 1987. 23Came into force on 5 May 1987. "Came into force on 17 September 1987. "Came into force on 27 January 1987. ''United Nations, Treaty Series, vol. 33, p. 261. "The Convention is in force with respect to each State which deposited an instrument of accession and in respect of specialized agencies indicated therein or in a subsequent notification as from the date of deposit of such instrument or receipt of such notification. '"For the list of those States, see Multilateral Treaties Deposited with the Secretary- General (United Nations publication, Sales No.E.95.V.5). "Reproduced in Juridical Yearbook, 1972, p. 32. "'Certain departures from, or amendments to, the standard text were introduced at the request of the host Government. "Reproduced in Juridical Yearbook, 1972, p. 33. 32Came into force on 1 March 1992. "Came into force on the date of signature. "Came into force on the date of signature. "Came into force on the date of signature. *Came into force on 14 October 1987. "Came into force on the date of signature. ""Came into force on the date of signature. ''Came into force on 2 July 1987. ""United Nations, Treaty Series, vol. 374, p. 147; reproduced in IAEA document INF- CIRC/9/Rev.2. ""Reproduced in IAEA document INFCIRC/350; came into force on 18 September 1987. 42Came into force on 4 November 1987.

Part Two

LEGAL ACTIVITIES OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZATIONS

Chapter m

GENERAL REVIEW OF THE LEGAL ACTIVITIES OF THE UNITED NATIONS AND RELATED INTERGOVERNMEN- TAL ORGANIZATIONS

A. General review of the legal activities of the United Nations

1. DIS ARMAMENT AND RELATED MATTERS

(a) Comprehensive approaches to disarmament

(i) United Nations disarmament bodies and their activities

In 1987, all the principal disarmament bodies once again addressed the question of enhancing the role of the United Nations in the field of disarmament and increasing the efficiency of the existing machinery for deliberations and negotiations on disarmament. As the Disarmament Commission did not reach a consensus in its 1987 session on the subject, the Commission recommended to the General Assembly that the Commission continue its consideration of the role of the United Nations in the field of disarmament as a matter of priority at its next substantive session, in 1988. The General Assembly, by its resolution 42/38 O of 30 November 1987,' endorsed the recommendation. During the 1987 sessions of the Conference on Disarmament, such general questions as increasing the effectiveness of its functioning and the relationship between bilateral and multilateral negotiations were discussed. The General Assembly, by its resolution 42/42 L of 30 November 1987,2 convinced that the Conference on Disarmament, as the single multilateral negotiating body on disarmament, should play the central role in substantive negotiations on priority questions of disarmament and on the implementation of the Programme of Action set forth in section III of the Final Document of the Tenth Special Session of the General Assembly,1 called upon the Conference on Disarmament to intensify its work and to adopt concrete measures on the specific priority issues of disarmament on its agenda, and to provide the existing ad hoc committees with appropriate negotiating mandates. During its substantive session, the Preparatory Committee for the Third Special Session of the General Assembly devoted to Disarmament agreed on a set of recommendations concerning the organization of work of the forthcoming special session to be held in 1988, which it submitted to the General Assembly.4 During 1987, the Ad Hoc Committee on the Indian Ocean, established to study practical measures to achieve the objectives of resolution 2832 (XXVI) of

41 16 December 1971, entitled "Declaration of the Indian Ocean as a Zone of Peace," was unable to make definitive progress on the preparations for the envisaged Conference at Colombo and to finalize dates for its convening. The Chairman of the Ad Hoc Committee on the World Disarmament Conference, which was established pursuant to resolution 3183 (XXVffl) of 18 December 1973 with the aim of convening a world conference open to all States, reported that during 1987 no agreement could be reached among the nuclear- weapon States on the question of convening such a Conference.

(ii) Follow-up of the special sessions of the General Assembly devoted to disarmament

In 1987, the Disarmament Commission considered the subject of verification in the context of its discussions on the review of the tenth special session. There was a general exchange of views in the plenary meetings by the Commission members. The question of follow-up was not included in the agenda of the Conference on Disarmament in 1987. Delegations, however, took the opportunity to express their expectations with regard to the convening of the third special session devoted to disarmament, which was planned for the following year. The General Assembly considered the matter at its forty-second session under two collective agenda items, entitled "Review of the implementation of the recommendations and decisions adopted by the General Assembly at its tenth special session" and "Review and implementation of the Concluding Document of the Twelfth Special Session of the General Assembly". Altogether, the Assembly adopted 25 resolutions within the framework of those two items in 1987. By its resolution 42/39 A of 30 November 1987,5 the General Assembly, recalling that paragraph 13 of the Final Document of the Tenth Special Session, in which the Assembly had acknowledged that genuine and lasting peace could only be created through the effective implementation of the security system provided for in the Charter of the United Nations and the speedy and substantial reduction of arms and armed forces, by international agreement and mutual example, called upon the Security Council, in particular its permanent members, to take the necessary steps for the effective implementation of Article 26 of the Charter with a view to enhancing the central role of the United Nations in facilitating solutions to the issues of arms limitation, primarily in the nuclear field, and disarmament, as well as the strengthening of international peace and security. By its resolution 42/39 F of the same date,6 the General Assembly requested the Disarmament Commission to consider, at its 1988 session, the "Draft guidelines for appropriate types of confidence-building measures and for the implementation of such measures on a global or regional level", with a view to finalizing them in the most expeditious manner. By resolution 42/42 E of the same date,7 the General Assembly, stressing again the urgent need for an active and sustained effort to expedite the implementation of the recommendations and decisions unanimously adopted at its tenth special session, called upon all Member States and the international organizations concerned to continue to cultivate and disseminate, particularly in connection with the World Disarmament Campaign, launched by the General Assembly at its twelfth special session, the idea of international cooperation for disarmament. By its resolution 42/42 F of the same date,8 the General Assembly, reaffirming its conviction, as expressed in paragraph 91 of the Final

42 Document of the Tenth Special Session, that in order to facilitate the conclusion and effective implementation of disarmament agreements and to create confidence, States should accept appropriate provisions for verification in such agreements, called upon Member States to increase their efforts towards achieving agreements on balanced, mutually acceptable, comprehensively verifiable and effective arms limitation and disarmament measures. And by its resolution 42/42 M of 30 November 1987,9 the General Assembly, while deeply concerned that no concrete results regarding the implementation of the recommendations and decisions of the tenth special session had been realized in the course of the more than nine years since that session, stressed that the Final Document of the Tenth Special Session of the General Assembly, which had been unanimously and categorically reaffirmed by all Member States at the twelfth special session as the comprehensive basis for efforts towards halting and reversing the arms race, retained all its validity and that the objectives and measures contained therein still represented one of the most important and urgent goals to be achieved. Consequently, the General Assembly invited all States, particularly nuclear-weapon States and especially those among them which pos- sessed die most important nuclear arsenals, to take urgent measures with a view to implementing the recommendations and decisions contained in the Final Document of the Tenth Special Session of the General Assembly, as well as to fulfilling the priority tasks set forth in the Programme of Action contained in section m of the Final Document, and called upon all States, in particular nuclear- weapon States and other militarily significant States, to take urgent measures in order to promote international security on the basis of disarmament, to halt and reverse the arms race and to launch a process of genuine disarmament.

(iii) General and complete disarmament

Member States in various forums in 1987 reaffirmed that the attainment of general and complete disarmament under effective international control remained the final objective of the United Nations in the field of disarmament. However, because of the lack of concrete progress in the matter, a number of States felt that it would be more productive, if only as an interim measure, to shift from a long- term approach to one that included partial measures that could help achieve the goal of general and complete disarmament, such as reductions in nuclear arsenals. By its resolution 42/381 of 30 November 1987,10 the General Assembly reaffirmed its firm conviction that a better flow of objective information on military capabilities would help relieve international tension and contribute to the building of confidence among States on a global, regional or subregional level and to the conclusion of concrete disarmament agreements, and recommended that all States, in particular nuclear-weapon States and other militarily significant States, should consider implementing additional measures based on the principles of openness and transparency, such as the international system for the standardized reporting of military expenditures. By its resolution 42/38 K of the same date," the General Assembly noted with satisfaction the report on the substantive consideration of the question of the naval arms race and disarmament by the Chairman of the Disarmament Commission, and requested the Disarmament Commission to continue, at its forthcoming session in 1988, the substantive consideration of the question. By its resolution 42/38 M of 30 November 1987,'2 the General

43 Assembly, stressing that any violation of agreements on arms limitation and disarmament not only adversely affected the security of States parties but could also create security risks for other States relying on the constraints and commitments stipulated in those agreements, and stressing further that any weakening of confidence in such agreements diminished their contribution to global or regional stability and to further disarmament and arms limitation efforts and undermined the credibility and effectiveness of the international legal system, urged all States parties to arms limitation and disarmament agreements to implement and comply with the entirety of the provisions of such agreements. In addition, by its resolution 42/92 of 7 December 1987,13 the General Assembly invited all States, in particular the major military Powers and States members of military alliances, to refrain, especially in critical situations and in crisis areas, from actions, including military activities and manoeuvres, conceived within the context of East-West confrontation and used as a means of pressure or threat to and destabilization of other States and regions, and expressed its conviction that the gradual military disengagement of the great Powers and their military alliances from various parts of the world should be promoted.

(iv) Comprehensive programme of disarmament

In view of the fact that areas of disagreement regarding various aspects of the programme were not resolved during discussions in the Conference on Disarmament in 1987, the General Assembly adopted resolution 42/42 I of 30 November 1987,14 in which the Assembly urged the Conference on Disarmament to resume the work on the elaboration of the comprehensive programme of disarmament at the outset of its 1988 session with a view to resolving outstanding issues and concluding negotiations on the programme in time for its submission to the General Assembly at its third special session devoted to disarmament and, for that purpose, to re-establish its Ad Hoc Committee on the Comprehensive Programme of Disarmament.

(b) Nuclear disarmament

(i) Nuclear arms limitation and disarmament

Consideration of the matter in the Disarmament Commission, the Conference on Disarmament and the General Assembly at its forty-second session achieved no major substantive progress. Moreover, in the Conference on Disarmament, again, there was no agreement to set up an ad hoc committee for the item on nuclear disarmament. In the General Assembly, with the adoption of resolution 42/38 H of 30 November 1987,15 the Assembly welcomed the agreement in principle between the Union of Soviet Socialist Republics and the United States of America to conclude a treaty on the elimination of their intermediate-range and shorter-range missiles, and called upon the two States to make further efforts for eliminating all their intermediate-range and shorter-range missiles. By the same resolution, the Assembly urged the Soviet Union and the United States further to discharge their special responsibility for nuclear disarmament, to take the lead in halting the nuclear-arms race and to negotiate in earnest with a view to reaching early agree-

44 ment on the drastic reduction of their nuclear arsenals. By its resolution 42/42 C, also of 30 November 1987," the General Assembly reaffirmed that the existence of bilateral negotiations on nuclear and space arms in no way diminished the urgent need to initiate multilateral negotiations in the Conference on Disarmament on the cessation of the nuclear-arms race and nuclear disarmament, and again requested the Conference on Disarmament to establish an ad hoc committee at the beginning of its 1988 session to elaborate on paragraph 50 of the Final Document and to submit recommendations to the Conference as to how it could best initiate multilateral negotiations of agreements, with adequate measures of verification. Moreover, by its resolution 42/39 B, of the same date,17 the General Assembly, recognizing the urgent need for a negotiated reduction of nuclear- weapon stockpiles leading to their complete elimination, once again called upon all nuclear-weapon States to agree to a freeze on nuclear weapons, which would, inter alia, provide for a simultaneous total stoppage of any further production of nuclear weapons and a complete cut-off in the production of fissionable material for weapons purposes. By its resolution 42/39 H of the same date,18 the General Assembly urged once more the Union of Soviet Socialist Republics and the United States of America, as the two major nuclear-weapon States, to proclaim, either through simultaneous unilateral declarations or through a joint declaration, an immediate nuclear-arms freeze, which would be a first step towards a comprehensive programme of disarmament, and which would be subject to appropriate measures and procedures of verification, such as those that had already been agreed by the parties in the case of the SALT I and SALT II treaties. And by its resolution 42/38 L, also of the same date," the General Assembly requested the Conference on Disarmament to pursue its consideration of the question of adequately verified cessation and prohibition of the production of fissionable material for nuclear weapons and other nuclear explosive devices.

(ii) Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Sliorter-Range Missiles M

The question of a treaty on intermediate-range and shorter-range nuclear missies received extensive consideration at the forty-second session of the General Assembly, in both plenary meetings and the First Committee. By its resolution 42/38 A of 30 November 1987,21 the General Assembly, noting with satisfaction that the Union of Soviet Socialist Republics and the United States of America had reached an agreement on the total elimination of their intermediate-range and shorter-range missiles, called upon the Government of the Soviet Union and the Government of the United States to spare no effort in seeking the attainment of all their agreed objectives in the negotiations, in accordance with the security interests of all States and the universal desire for progress towards disarmament, in particular early achievement of a treaty implementing the agreement to reduce their strategic offensive arms by 50 per cent. Furthermore, by its resolution 42/38 D of the same date,22 the General Assembly, convinced that in the interest of mankind as a whole, the Soviet Union and the United States, in their bilateral nuclear-arms negotiations, should continue their endeavours with the ultimate objective of achieving general and complete disarmament under effective international control, welcomed the agreement in principle between the the Soviet Union

45 and the United States to sign a treaty on intermediate-range and shorter-range missiles to make intensive efforts to achieve a treaty on a 50 per cent reduction in strategic offensive arms within the framework of the Geneva nuclear and space talks, and called upon the two Governments concerned to intensify their efforts with the objective of achieving agreements in other areas, in particular, the areas of strategic arms and a nuclear-test ban, as a matter of urgency. The Treaty was signed by the two parties on 8 December 1987. According to the provisions of the Treaty, the basic obligation of the two parties is to eliminate intermediate- and shorter-range missiles and not to have such systems thereafter. The elimination of intermediate-range missiles is to be completed no later than three years after, and shorter-range missiles within 18 months of, the entry into force of the Treaty. The Soviet Union, the United States and other States believed that the Treaty could have a positive impact not only on the relations between the two parties, but also on the security of the whole world. The conclusion of the Treaty has also been welcomed in the hope that it will enhance international stability and have a positive influence on other ongoing disarmament negotiations, multilateral as well as bilateral.

(iii) Prevention of nuclear war

In 1987, the General Assembly continued to pursue the goal of the prevention of nuclear war in the firm belief that resort to nuclear war would threaten the very existence of mankind. It was noted in the debate in the First Committee, however, that the Conference on Disarmament during its 1987 session had once again been unable to establish a subsidiary body to consider effective measures, including the elaboration of an international instrument of a legally binding nature, for the prevention of nuclear war. By its resolution 42/42 A of 30 November 1987,23 the General Assembly, recalling that in the Political Declaration adopted at the Eighth Conference of Heads of State or Government of Non-Aligned Countries, held at Harare from 1 to 6 September 1986, all nuclear-weapon States had been called upon to enter early into an internationally binding commitment not to be the first to use or to threaten to use nuclear weapons,24 requested the Conference on Disarmament to commence negotiations on the item "Prevention of nuclear war" of its agenda and to consider, inter alia, the elaboration of an international instrument of a legally binding character laying down the obligation not to be the first to use nuclear weapons. Moreover, by its resolution 42/42 D also of 30 November 1987,25 the General Assembly, noting with grave concern that the Conference on Disarmament once again had been unable to start negotiations on the question during its 1987 session, again requested the Conference to undertake, as a matter of the highest priority, negotiations with a view to achieving agreement on appropriate and practical measures that could be negotiated and adopted individually for the prevention of nuclear war and to establish for that purpose an ad hoc committee on the subject at the beginning of the 1988 session. Furthermore, by its resolution 42/39 C of the same date,26 the General Assembly, noting with regret that the Conference on Disarmament, during the 1987 session, had not been able to undertake negotiations with a view to achieving agreement on an international

46 convention prohibiting the use or threat of use of nuclear weapons under any circumstances, reiterated its request to the Conference to commence negotiations, as a matter of priority, in order to reach agreement on an international convention prohibiting the use or threat of use of nuclear weapons under any circumstances, taking as a basis the draft Convention on the Prohibition of the Use of Nuclear Weapons annexed to the resolution.

(iv) Cessation of nuclear-weapon tests

On the multilateral level, several initiatives for halting nuclear testing were made in 1987. However, reservations concerning the urgency of the issue continued to be voiced by a few States that believed that a lasting improvement in international security did not depend primarily on the early cessation of nuclear testing. Among the proposals submitted at the 1987 session of the Conference on Disarmament was one by members of the socialist group of States, entitled the "Basic provisions of a treaty on the complete and general prohibition of nuclear- weapon tests",27 which they felt could serve as a sound basis for work to stimulate an early start of substantive, full-scale negotiations at the Conference. As in the past three years, the Conference was unable to establish a subsidiary body on the item, because of disagreement over its mandate. The General Assembly, by its resolution 42/26 A of 30 November 1987,28 appealed to all States members of the Conference on Disarmament, in particular to the three depositary Powers of the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water29 and of the Treaty on the Non- Proliferation of Nuclear Weapons,30 to promote the establishment by the Conference at the beginning of its 1988 session of an ad hoc committee with the objective of carrying out the multilateral negotiation of a treaty on the complete cessation of nuclear-test explosives, and recommended to the Conference on Disarmament that such an ad hoc committee should comprise two working groups dealing, respectively, with the following interrelated questions: contents and scope of the treaty, and compliance and verification. By its resolution 42/26 B of the same date," the General Assembly, recalling that the Third Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, in its Final Declaration32 adopted by consensus on 21 September 1985, expressed its deep regret that a comprehensive multilateral nuclear-test-ban treaty had not been concluded so far and called for the urgent negotiation and conclusion of such a treaty as a matter of the highest priority, recommended that the non-nuclear-weapon States parties to the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water formally submit an amendment proposal to the depositary Governments with a view to convening a conference at the earliest possible date to consider amendments to the Treaty that would convert it into a comprehensive nuclear-test-ban treaty. Furthermore, by its resolution 42/27, also of 30 November 1987,33 the General Assembly, while reaffirming the particular responsibilities of the Conference on Disarmament in the negotiation of a comprehensive nuclear-test-ban treaty, reaffirmed its conviction that a treaty to achieve the prohibition of all nuclear-test explosions by all States in all environments for all time was a matter of fundamental importance. Moreover, by resolution 42/38 C of 30 November 1987,34 the General Assembly again urged each of the States conducting nuclear explosions to provide

47 to the Secretary-General within one week of each nuclear explosion such data as referred to in General Assembly resolution 41/59 N of 3 December 1986, and invited all other States to provide to the Secretary-General any such data on nuclear explosions they might have available.

(v) Strengthening of the security of non-nuclear-weapon States

In 1987, the Conference on Disarmament re-established its Ad Hoc Committee on the question of effective security guarantees to non-nuclear-weapon States in order to continue negotiations with a view to reaching agreement. However, the difficulties relating to differing perceptions of security interests on the part of nuclear-weapon States, on the one hand, and non-nuclear-weapon States, on the other, persisted and the complex nature of the issues involved continued to prevent agreement on a formula. The General Assembly, by its resolution 42/31 of 30 November 1987," aware of the wide support in the Conference on Disarmament for continuing the search for a "common formula", which could be included in an international legally binding instrument to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons, and welcoming once again the solemn declarations made by some nuclear-weapon States concerning non-first use of nuclear weapons, and convinced that if all nuclear-weapon States were to assume obligations not to be the first to use weapons, that would be tantamount in practice to banning the use of nuclear weapons against all States, including all non-nuclear-weapon States, reaffirmed once again the urgent need to reach agreement on effective international arrangements to assure non-nuclear- weapon States against the use or threat of use of nuclear weapons and to find a common approach acceptable to all. And by its resolution 42/32 of the same date,36 the General Assembly noted with satisfaction that in the Conference on Disarmament there was no objection, in principle, to the idea of an international convention to assure non-nuclear- weapon States against the use or threat of use of nuclear weapons, although the difficulties as regards evolving a common approach acceptable to all had also been pointed out, and recommended that further intensive efforts should be devoted to the search for such a common approach or common formula and that the various alternative approaches, including in particular those considered in the Conference on Disarmament, should be further explored in order to overcome the difficulties.

(vi) Nuclear-weapon-free zones

In 1987, in the discussions in the various disarmament forums, it was argued that the creation of nuclear-weapon-free zones would prevent the further proliferation of nuclear weapons, strengthen the security of the countries concerned and contribute to confidence-building among them. At the same time, it was stressed by a number of Member States that the establishment of such zones would require the fulfilment of certain prerequisites, including one based on the principle that the initiative should be supported by agreements freely arrived at among the States of a given region.

48 Treaty for the Prohibition of Nuclear Weapons in Latin America (Treaty of Tlatelolcof By its resolution 42/25 of 30 November 1987,38 the General Assembly, recalling that three of the States to which Additional Protocol I of the Treaty of Tlatelolco was open — the United Kingdom of Great Britain and Northern Ireland, the Kingdom of the Netherlands and the United States of America — became parties to the Protocol, deplored the fact that the signature of the Additional Protocol I by France, which had taken place in 1979, had not yet been followed by the corresponding ratification, and once again urged France not to delay any further such ratification. Denuclearization of Africa By its resolution 42/34 A of 30 November 1987,39 the General Assembly, recalling that in its resolution 33/63 of 14 December 1978 it had vigorously condemned any overt or covert attempt by South Africa to introduce nuclear weapons into the continent of Africa and demanded that South Africa refrain forthwith from conducting any nuclear explosions on the continent or elsewhere, strongly renewed its call upon all States to consider and respect the continent of Africa and its surrounding areas as a nuclear-weapon-free zone, and demanded once again that the racist regime of South Africa refrain from manufacturing, testing, deploy- ing, transporting, storing, using or threatening to use nuclear weapons. Furthermore, by its resolution 42/34 B of the same date,40 the General Assembly, recalling that, in paragraph 12 of the Final Document of the Tenth Session of the General Assembly, it had noted that the massive accumulation of armaments and the acquisition of armaments technology by racist regimes, as well as their possible acquisition of nuclear weapons, presented a challenging and increasingly dangerous obstacle to a world community faced with the urgent need to disarm, condemned the massive build-up of South Africa's military machine, in particular its frenzied acquisition of nuclear-weapon capability for repressive and aggressive purposes and as an instrument of blackmail, and called upon all States, corporations, institutions and individuals to terminate forthwith all forms of military and nuclear collaboration with the racist regime. Establishment of a nuclear-weapon-free zone in the region of the Middle East By its resolution 42/28 of 30 November 1987,41 the General Assembly, reaffirming the inalienable right of all States to acquire and develop nuclear energy for peaceful purposes, urged all parties directly concerned to consider seriously taking the practical and urgent steps required for the implementation of the proposal to establish a nuclear-weapon-free zone in the region of the Middle East in accordance with the relevant resolutions of the General Assembly and, as a means of promoting that objective, invited the countries concerned to adhere to the Treaty on the Non-Proliferation of Nuclear Weapons; and, pending the establishment of the zone, called upon all countries of the region that had not done so to agree to place all their nuclear activities under International Atomic Energy Agency safeguards; invited those countries to declare their support for establishing such a zone, consistent with the relevant paragraph of the Final Document of the Tenth Special Session of the General Assembly and to deposit those declarations with the Security Council; and further invited countries not to develop, produce, test or otherwise acquire nuclear weapons or permit the stationing on their territories, or territories under their control, of nuclear weapons or nuclear explosive devices.

49 Establishment of a nuclear-weapon-free zone in South Asia

By its resolution 42/29 of 30 November 1987,42 the General Assembly reaffirmed its endorsement, in principle, of the concept of a nuclear-weapon-free zone in South Asia; urged once again the States of South Asia to continue to make all possible efforts to establish a nuclear-weapon-free zone in South Asia and to refrain, in the meantime, from any action contrary to that objective; and called upon those nuclear-weapon States that had not done so to respond positively to that proposal and to extend the necessary cooperation in the efforts to establish a nuclear-weapon-free zone in South Asia.

(vii) International cooperation in the peaceful uses of nuclear energy

The United Nations Conference for the Promotion of International Cooperation in the Peaceful Uses of Nuclear Energy was held at Geneva from 23 March to 10 April 1987.43 Notwithstanding the fact that the delegations were unable to agree on a complete set of principles and means for strengthening cooperation in the peaceful uses of nuclear energy, it was felt that the Conference had served a useful purpose. By its resolution 42/6 of 20 October 1987,44 the General Assembly, welcoming the entry into force on 27 October 1986 and 26 February 1987 of the Convention on Early Notification of a Nuclear Accident45 and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency,46 and the fact that many States had already ratified them or consented to be bound by them provisionally pending ratification, and noting with appreciation the entry into force on 8 February 1987 of the Convention on the Physical Protection of Nuclear Material,47 urged all States to strive for effective and harmonious international cooperation in carrying out the work of the International Atomic Energy Agency, pursuant to its statute, in promoting the use of nuclear energy and the application of the necessary measures to strengthen further the safety of nuclear installations and to minimize risks to health; in strengthening technical assistance and cooperation for developing countries; and in ensuring the effectiveness and efficiency of the Agency's safeguards system. And by its resolution 42/24 of the same date,48 the General Assembly, recalling that the United Nations Conference for the Promotion of International Cooperation in the Peaceful Uses of Nuclear Energy had provided a global forum under the auspices of the United Nations to consider specifically all relevant concerns on the role of nuclear power and of applications of nuclear techniques in such fields as food and agriculture, health and medicine, hydrology, industry, and scientific and technological research for economic and social development, took note of the report of the United Nations Conference for the Promotion of International Cooperation in the Peaceful Uses of Nuclear Energy;49 believed that the Conference had served a useful purpose in examining the role of nuclear energy in economic and social development, and the complex problems in the promotion of international cooperation in that vital field; and recognized that the technical reports presented at the Conference could be used in planning programmes for development, use and safety of nuclear energy for peaceful purposes.

50 (c) Prohibition or restriction of use of other weapons

(i) Chemical and bacteriological (biological) weapons

Significant progress was achieved in 1987 by the Conference on Disarmament in the elaboration of a convention on the prohibition of the development, production and stockpiling of chemical weapons and on their destruction. Among other things, agreement was reached that all chemical weapons would be destroyed and an understanding emerged among most of the major negotiating parties that all chemical weapons should be fully declared, also by location, and verified when the convention entered into force. The General Assembly, by its resolution 42/37 A of 30 November 1987,50 took note with satisfaction of the work of the Conference on Disarmament during its 1987 session regarding the prohibition of chemical weapons, and in particular appreciated the progress in the work of its Ad Hoc Committee on Chemical Weapons on that question and the tangible results recorded in its report, and expressed again none the less its regret and concern that, notwithstanding the progress made in 1987, a convention on the complete and effective prohibition of the development, production, stockpiling and use of all chemical weapons and on their destruction had not yet been elaborated. And by its resolution 42/37 C of the same date,51 the General Assembly renewed its call to States to observe strictly the principles and objectives of the 1925 Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare,52 and condemned all actions that violate that obligation, and requested the Secretary-General to carry out investigations in response to reports that might be brought to his attention by any Member State concerning the possible use of chemical and bacteriological (biological) or toxin weapons that might constitute a violation of the 1925 Geneva Protocol or other relevant rules of customary international law in order to ascertain the facts of the matter, and to report promptly the results of any such investigation to all Member States. By its resolution 42/37 B of 30 November 1987,53 the General Assembly noted with appreciation that, in accordance with the Final Declaration of the Second Review Conference of the Parties to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction,54 an Ad Hoc Meeting of Scientific and Technical Experts from States parties to the Convention had been held at Geneva from 31 March to 15 April 1987, and had adopted by consensus a report55 finalizing the modalities for the exchange of information and data agreed to in the Final Declaration, thus enabling States parties to follow a standardized procedure, and further noted that the Ad Hoc Meeting had agreed in its report that the first exchange of information and data should take place not later than 15 October 1987 and that thereafter information to be given on an annual basis should be provided through the Department for Disarmament Affairs of the United Nations Secretariat not later than 15 April.

(ii) Prevention of an arms race in outer space

There was no breakthrough during the year in efforts to ensure the use of outer space for peaceful purposes alone, even though concern continued to be

51 expressed, in all forums dealing with the question, at the grave dangers that an arms race in outer space would pose for all mankind. In the Conference on Disarmament, there was general recognition by the Member States of the importance of preventing an arms race in outer space and readiness to ensure that substantive work on the item continued. Consequently, the relevant Ad Hoc Committee of the Conference recommended its re-establishment at the beginning of the Conference's 1988 session. By its resolution 42/33 of 30 November 1987,56 the General Assembly, recalling that the States parties to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies," had undertaken, in article HI, to carry on activities in the exploration and use of outer space, including the Moon and other celestial bodies, in accordance with international law and the Charter of the United Nations, in the interest of maintaining international peace and security and promoting international cooperation and understanding; reaffirming, in particular, article IV of the above-mentioned Treaty, which stipulates that States parties to the Treaty undertake not to place in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies or station such weapons in outer space in any other manner; reaffirming also paragraph 80 of the Final Document of the Tenth Special Session of the General Assembly; and welcoming the re-establishment of an Ad Hoc Committee on the prevention of an arms race in outer space during the 1987 session of the Conference on Disarmament, recalled the obligation of all States to refrain from the threat or use of force in their space activities; reiterated that the Conference on Disarmament, as the single multilateral disarmament negotiating forum, had the primary role in the negotiation of a multilateral agreement or agreements, as appropriate, on the prevention of an arms race in outer space in all its aspects; and requested the Conference on Disarmament to re-establish an ad hoc committee with an adequate mandate at the beginning of its 1988 session with a view to undertaking negotiations for the conclusion of an agreement or agreements, as appropriate, to prevent an arms race in outer space. The General Assembly further urged the Union of Soviet Socialist Republics and the United States of America to pursue intensively their bilateral negotiations in a construc- tive spirit aimed at reaching early agreement for preventing an arms race in outer space, and to advise the Conference on Disarmament periodically of the progress of their bilateral sessions so as to facilitate its work, and called upon all States, especially those with major space capabilities, to refrain, in then- activities relating to outer space, from actions contrary to the observance of the relevant existing treaties or to the objective of preventing an arms race in outer space.

(iii) New weapons of mass destruction: radiological weapons

There was no change in 1987 regarding a general prohibition of the development and manufacture of new weapons of mass destruction, owing to differences among Member States on the necessity to take immediate action in the field. The question of banning radiological weapons, as well as the proposal to prohibit attacks on nuclear facilities, were again addressed in the Conference on Disarmament, which decided not to continue with the so-called unitary approach to those questions, and instead to establish two separate contact groups to deal with them.

52 By its resolution 42/35 of 30 November 1987,58 the General Assembly, determined to prevent modern science and technology from leading to the development of new types of weapons of mass destruction that had characteristics comparable in destructive effect to those of weapons of mass destruction identified in the definition of weapons of mass destruction adopted by the United Nations in 1948,59 requested the Conference on Disarmament to keep constantly under review, with appropriate expert assistance, the question of the prohibition of the development and manufacture of new types of weapons of mass destruction and new systems of such weapons with a view to making, when necessary, recommendations on undertaking specific negotiations on the identified types of such weapons; called upon all States, immediately following the identification of any new type of weapon of mass destruction, to renounce the practical development of such a weapon and to commence negotiations on its prohibition; and once again urged all States to refrain from any action that could lead to the emergence of new types of weapons of mass destruction and new systems of such weapons. By its resolution 42/38 B of the same date,60 the General Assembly took note of the recommendation of the Conference on Disarmament that the Ad Hoc Committee on Radiological Weapons should be re-established at the beginning of its 1988 session, and requested the Conference on Disarmament to continue its negotiations on the subject with a view to a prompt conclusion of its work, taking into account all proposals presented to the Conference to that end and drawing upon the annexes to its report as a basis of its future work, the result of which should be submitted to the General Assembly at its forty-third session. Furthermore, by its resolution 42/38 F, also of 30 November 1987,61 the General Assembly reaffirmed that armed attacks of any kind against nuclear facilities were tantamount to the use of radiological weapons, owing to the dangerous radioactive forces that such attacks caused to be released, and requested the Conference on Disarmament to intensify further its efforts to reach, as early as possible, an agreement prohibiting armed attacks against nuclear facilities.

(d) Consideration of conventional disarmament and other approaches

(i) Conventional weapons

In 1987, questions concerning conventional weapons received considerable attention in multilateral disarmament forums. In the general exchange of views within the framework of the Disarmament Commission, a great number of States expressed their belief that the need for conventional disarmament was becoming more urgent. The Commission, however, was not able to adopt recommendations on the issue during its current session. The General Assembly, by its resolution 42/38 E of 30 November 1987,62 took note with satisfaction of the report on the consideration of the question of conventional disarmament during the 1987 session of the Disarmament Commission,63 and requested the Disarmament Commission to include in the agenda of its 1988 session the item entitled "Substantive consideration of issues related to conventional disarmament, including the recommendations and conclusions contained in the Study on Conventional Disarmament".64 By its resolution 42/38 G, also of 30 November 1987,65 the General Assembly, bearing in mind its

53 resolution 36/97 A of 9 December 1981 and the Study on Conventional Disarmament conducted in accordance with that resolution, as well as its resolutions 41/59 C and 41/59 G of 3 December 1986 and the consideration by the Disarmament Commission at its 1987 session of the question of conventional disarmament, believed that the military forces of all countries should not be used other than for the purpose of self-defence, and urged the countries with the largest military arsenals, which bore a special responsibility in pursuing the process of conventional armaments reductions, and the member States of the two major military alliances to continue negotiations through various forums on conventional disarmament in earnest, with a view to reaching early agreement on the limitation and gradual and balanced reduction of armed forces and conventional weapons under effective international control in their respective regions, particularly in Europe, which had the largest concentration of arms and forces in the world. And by its resolution 42/38 N of the same date,66 the General Assembly expressed its firm support of all regional or subregional endeavours, taking into account the characteristics of each region and when the regional situation so permitted, as well as unilateral measures, directed to strengthening mutual confidence and to assur- ing the security of all States involved, making possible regional agreements on arms limitations in the future, and reiterated the primary responsibility of the militarily significant States, especially the nuclear-weapon States, for halting and reversing the arms race, and the priority assigned to nuclear disarmament in the context of the advances towards general and complete disarmament. Furthermore, by its resolution 42/39 E also of the same date,67 the General Assembly, confirming the importance and potential effectiveness of regional disarmament measures taken at the initiative and with the participation of all States concerned, in that they could contribute to the realization of general and complete disarmament under strict and effective international control; stressing that any regional disarmament enterprise must take into account the specific conditions characteristic of each region; and also stressing that it was for the countries themselves of a region to take appropriate initiatives in common and to prepare agreements that would allow the achievement of regional disarmament, encouraged States to consider and develop as far as possible regional solutions in the matter of arms reduction and disarmament, and requested the United Nations to lend its assistance to States and regional institutions that might request it, with a view to the institution of measures within the framework of an effort for regional disarmament. Moreover, by its resolution 42/30 of 30 November 1987,68 the General Assembly, recalling with satisfaction the adoption, on 10 October 1980, of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, together with the Protocol on Non-Detectable Fragments (Protocol I), the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices (Protocol II) and the Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol HI),69 noted with satisfaction that, consequent upon the fulfilment of the conditions set out in article 5 of the Convention, the Convention and the three Protocols annexed thereto had entered into force on 2 December 1983, and urged all States that had not yet done so to exert their best endeavours to become parties to the Convention and the Protocols annexed thereto as early as possible.

54 (ii) Reduction of military budgets

During discussions in 1987 on the question of the reduction of military budgets, it seemed to be generally felt that some rapprochement had occurred in the positions of States on the issue of transparency and comparability of military budgets. However, some delegations cautioned that there should be no preconditions for commencing negotiations on reductions. By its resolution 42/36 of 30 November 1987,70 the General Assembly, reaffirming once again the provisions of paragraph 89 of the Final Document of the Tenth Special Session of the General Assembly, according to which the gradual reduction of military budgets on a mutually agreed basis would contribute to curb- ing the arms race, and recalling that in the Declaration of the 1980s as the Second United Nations Disarmament Decade, it was provided that during that period renewed efforts should be made to reach agreement on the reduction of military expenditures and the reallocation of resources thus saved to economic and social development, especially for the benefit of developing countries; declared again its conviction that it was possible to achieve international agreements on the reduction of military budgets without prejudice to the right of all States to undiminished security, self-defence and sovereignty; and appealed to all States, in particular to the most heavily armed States, pending the conclusion of agreements on the reduction of military expenditures, to exercise self-restraint in their military expenditures with a view to reallocating the funds thus saved to economic and social development, particularly for the benefit of developing countries. The General Assembly also drew anew the attention of Member States to the fact that the identification and elaboration of the principles that should govern further actions of States in freezing and reducing military budgets could contribute to har- monizing the views of States and creating confidence among them conducive to achieving international agreements on the reduction of military budgets.

2. OTHER POLITICAL AND SECURITY QUESTIONS

(a) Implementation of the Declaration on the Strengthening of International Security71

In its resolution 42/92 of 7 December 1987,72 adopted on the recommendation of the First Committee," the General Assembly reaffirmed the validity of the Declaration on the Strengthening of International Security and called upon all States to contribute effectively to its implementation; called upon all States, in particular the nuclear-weapon States and other militarily significant States, to îake immediate steps aimed at, inter alia, promoting and using effectively the system of collective security as envisaged in the Charter of the United Nations; stressed that there was an urgent need to enhance the effectiveness of the Security Council in discharging its principal role of maintaining international peace and security and to enhance the authority and enforcement capacity of the Council in accordance with the Charter; and considered that respect for and promotion of human rights and fundamental freedoms in their civil, political, economic, social and cul-

55 tural aspects, on the one hand, and the strengthening of international peace and security, on the other, mutually reinforced each other.

(b) Legal aspects of peaceful uses of outer space

The Legal Subcommittee of the Committee on the Peaceful Uses of Outer Space held its twenty-sixth session at United Nations Headquarters from 16 March to 3 April 1987.74 In continuing its consideration of the agenda item entitled "The elaboration of draft principles relevant to the use of nuclear power sources in outer space", the Legal Subcommittee re-established its Working Group on the item. The Subcommittee had before it a working paper75 which was a revision of a paper submitted to the twenty-fifth session of the Subcommittee76 by the delegation of Canada. Working papers were also submitted at the current session by the delegations of Sweden,77 the Federal Republic of Germany78 and Argentina,79 and by the delegations of Brazil, Chile, Egypt, Indonesia, Mexico, the Netherlands and Uruguay.80 At the conclusion of its substantive discussion, Canada, in the light of the discussions, submitted another revised working paper on the topic.81 While the Working Group was not in a position to record agreement on any particular provision under discussion at its current session, the Group felt its work had been con- structive and useful. The Subcommittee also re-established its Working Group on the agenda item entitled "Matters relating to the definition and delimitation of outer space and to the character and utilization of the geostationary orbit, including consideration of ways and means to ensure the rational and equitable use of the geostationary orbit without prejudice to the role of the International Telecommunication Union". The Subcommittee had before it working papers submitted at its previous sessions. The Group addressed both aspects of the agenda item, namely, the definition and delimitation of outer space, and the geostationary orbit, during the course of its deliberations at the current session. The Subcommittee further took up the agenda item entitled "Consideration of the choice of a new item for the agenda of the Legal Subcommittee, including the proposals made by the Group of 77 and others, with a view to making a recommendation to the Committee on the Peaceful Uses of Outer Space in order to reach consensus during the Committee's thirtieth session". Working papers were submitted to the Subcommittee by the delegation of the United Kingdom;82 the delegations of Australia, Belgium, the Federal Republic of Germany, Italy, Japan, the Netherlands, the United Kingdom and the United States;83 the delegation of Czechoslovakia;84 and the Group of 77 of the Subcommittee.85 The Legal Subcommittee held consultations and recommended that its consideration on the item be continued at the thirtieth session of the Committee, with a view to reaching consensus at that session. The Committee on the Peaceful Uses of Outer Space at its thirtieth session, held at United Nations Headquarters from 1 to 11 June 1987, took note with appreciation of the report of the Legal Subcommittee on the work of its twenty- sixth session and made recommendations concerning the agenda of the Subcommittee at its twenty-seventh session.86 During the discussion on the item entitled "The elaboration of draft principles relevant to the use of nuclear power sources in outer space", some delega-

56 tions referred to the conclusion of the Convention on Early Notification of a Nuclear Accident and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, and called for a comparative analysis of the provisions of those Conventions with proposed legal texts relating to the use of nuclear power sources in outer space, in order to ensure that the work of the Legal Subcommittee would be in line with those Conventions. With regard to the item entitled "Matters relating to the definition and delimitation of outer space and to the character and utilization of the geostationary orbit, including consideration of ways and means to ensure the rational and equitable use of the geostationary orbit without prejudice to the role of the International Telecommunication Union", the Committee noted that a variety of views had been expressed on the topic as reflected in the report of the Legal Subcommittee. A working paper had been submitted by the Union of Soviet Socialist Republics87 regarding the issue of the definition and delimitation of outer space. On the issue of the geostationary orbit, some delegations proposed that the Legal Subcommittee elaborate draft principles governing the activities of States in the utilization of the geostationary orbit. With regard to the agenda item entitled "Consideration of the choice of a new item for the agenda of the Legal Subcommittee, including the proposals made by the Group of 77 and others, with a view to making a recommendation to the Committee on the Peaceful Uses of Outer Space in order to reach consensus during the Committee's thirtieth session", the Committee noted the suggestions made in the report of the Legal Subcommittee. During the Committee's current session, a working paper88 reiterating and explaining their proposal concerning the inclusion of the question of improving the procedure for the registration of space objects as a new item, was submitted by the delegations of Canada, France, the Netherlands and Sweden. The Committee strongly recommended that consideration of the question should be continued in order to reach consensus, if possible, during the forthcoming session of the General Assembly, or if not, at the next session of the Legal Subcommittee. Regarding the agenda of the Legal Subcommittee, the Committee recommended that the Subcommittee continue the work on its current agenda items. At its forty-second session, by resolution 42/68 of 2 December 1987,89 adopted on the recommendation of the Special Political Committee,90 the General Assembly endorsed the report of the Committee on the Peaceful Uses of Outer Space on the work of its thirtieth session;91 invited States that had not yet become parties to the international treaties governing the uses of outer space92 to give consideration to ratifying or acceding to those treaties; and endorsed the recommendations of the Committee that the Legal Subcommittee at its twenty-seventh session should in its working groups: (a) continue the elaboration of draft principles relevant to the use of nuclear power sources in outer space, and (b) continue its consideration of matters relating to the definition and delimitation of outer space and to the character and utilization of the geostationary orbit, including consideration of ways and means to ensure the rational and equitable use of the geostationary orbit, without prejudice to the role of the International Telecommunication Union. The Assembly also requested the Legal Subcommittee to finalize the choice of a new item for its agenda, taking into account the proposal made by the Group of 77 and other proposals, in order to begin its consideration of the item at its twenty-seventh session.

57 (c) Question of Antarctica

By its resolution 42/46 A of 30 November 1987,93 adopted on the recommendation of the First Committee,94 the General Assembly, recalling that the Antarctic Treaty was intended to further the purposes and principles embodied in the Charter of the United Nations, viewed with concern the continuing participation of the apartheid regime of South Africa in the meetings of the Antarctic Treaty Consultative Parties, and appealed once again to the Parties to take urgent measures to exclude the racist apartheid regime of South Africa from participation in the meetings of the Consultative Parties at the earliest possible date. Furthermore, by its resolution 42/46 B of the same date,96 adopted also on the recommendation of the First Committee,*7 the General Assembly, reaffirming that the management, exploration, exploitation and use of Antarctica should be conducted in accordance with the purposes and principles of the Charter of the United Nations and in the interest of maintaining international peace and security and of promoting international cooperation for the benefit of mankind as a whole, called upon the Antarctic Treaty Consultative Parties to invite the Secretary-General or his representative to all meetings of the Treaty parties, including their consultative meetings and the minerals regime negotiations, and urged all States Members of the United Nations to cooperate with the Secretary-General and to continue consultations on all aspects relating to Antarctica.

3. ENVIRONMENTAL, ECONOMIC, SOCIAL, HUMANITARIAN AND CULTURAL QUESTIONS

(à) Environmental questions

Fourteenth session of the Governing Council of the United Nations Environment Programme9*

The fourteenth session of the Governing Council of the United Nations Environment Programme was held at UNEP headquarters, Nairobi, from 8 to 19 June 1987. By its decision 14/14,99 entitled "Report of the World Commission on Environment and Development", the Governing Council, considering that the report of the World Commission,100 which had been before the Governing Council at its fourteenth session, was a valuable analysis of the environmental problems confronting the world community and provided clear and positive guidance for their solution, inter alia, through economic growth based on sustainable development, decided to transmit the report to the General Assembly. By its decision 14/26,99 entitled "Rationalization of international conventions on biological diversity", the Governing Council requested the Executive Director of UNEP, in consultation with Governments and within available resources, to establish an ad hoc working group of experts to investigate in close collaboration with the Ecosystems Conservation Group and other international organizations the desirability and possible form of an umbrella convention to rationalize current activi-

58 ties in the field, and to address other areas which might fall under such a convention. Furthermore, by its decision 14/29," entitled "International conventions and protocols in the field of the environment", the Governing Council called upon all States that had not already done so to sign, ratify and implement the existing conventions and protocols in the field of the environment to which they were entitled to become parties. By its decision 14/30," entitled "Environmentally sound management of hazardous wastes", the Governing Council authorized the Executive Director of UNEP to convene in consultation with Governments, within available resources, a working group of legal and technical experts with a mandate to prepare a global convention on the control of transboundary movements of hazardous wastes, drawing on the conclusions of the Ad Hoc Working Group and the relevant work of national, regional and international bodies. Moreover, by its decision of 14/31," entitled "Shared natural resources and legal aspects of offshore mining and drilling", the Council called upon Governments and international organizations to take further action to implement the principles of conduct in the field of the environment for the guidance of States in the conservation and harmonious utilization of natural resources shared by two or more States, and the conclusions of the study of the legal aspects concerning the environment related to the offshore mining and drilling.

Consideration by the General Assembly

At its forty-second session, the General Assembly, by its resolution 42/184 of 11 December 1987,'Ol adopted on the recommendation of the Second Committee,102 took note of the report of the Governing Council of the United Nations Environment Programme on the work of its fourteenth session103 and endorsed the decisions contained therein, as adopted. Furthermore, the Assembly expressed its appreciation for the leading role played by the United Nations Environment Programme in achieving the entry into force of the Agreement on the Action Plan for the Environmentally Sound Management of the Common Zambezi River System,104 the adoption of the Convention for the Protection of the Natural Resources and Environment of the South Pacific Region,105 the entry into force of the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region 106 and, in particular, the adoption of the Montreal Protocol on Substances that Deplete the Ozone Layer,107 and encouraged UNEP, through its Governing Council, to continue such efforts. Moreover, by its resolution 42/185 of the same date,108 adopted also on the recommendation of the Second Committee,109 the General Assembly decided that there would be no regular session of the Governing Council of the United Nations Environment Programme in 1988 and that, beginning in 1989, the regular sessions of the Council would be held only in odd-numbered years; and also decided that the Governing Council would hold a special one-week session every six years, beginning in 1988, to consider and approve the system-wide medium-term environment programme and to consider the global programme on the environment of the proposed United Nations medium-term plan. By its resolution 42/186, also of 11 December 1987,"° and adopted also on the recommendation of the Second Committee,1" the General Assembly adopted the Environmental Perspective to the Year 2000 and Beyond, contained in the annex to the resolution, as a broad framework to guide national action and international cooperation on policies and programmes aimed at achieving environmentally sound development, and specifi-

59 cally as a guide to the preparation of further system-wide medium-term environment programmes and the medium-term programmes of the organizations and bodies of the United Nations system; agreed that the recommendations for action contained in the Environmental Perspective should be implemented, as appropriate, through national and international action by Governments, intergovernmental and non-governmental organizations and scientific bodies; requested the Governing Council to keep under review the extent to which the long-term environmental actions recommended in the Environmental Perspective had been implemented and to identify any new environmental concerns that might arise; and decided to transmit the text of the Environmental Perspective to all Governments and to the governing bodies of the organs and organizations of the United Nations system as a broad framework to guide national action and international cooperation on policies and programmes aimed at achieving environmentally sound and sustainable development.

ANNEX Environmental Perspective to the Year 2000 and Beyond

C. Legislation and environmental law

100. Increasingly, environmental legislation has been providing practical frameworks at the national level for implementing environmental standards and regulating the activities of enterprises and people in the light of environmental objectives. At the international level, conventions, protocols and agreements have been providing a basis for co-operation among countries at bilateral, regional and global levels for the management of environmental risks, control of pollution and conservation of natural resources. 101. There is a need to expand the number of accessions to and ratifications of these conventions and to institute mechanisms at the national level to ensure their application. The present momentum should be maintained of concluding conventions on questions such as hazards relating to chemicals, treatment and international transport of hazardous wastes, industrial accidents, climate change, protection of the ozone layer, protection of the marine environment from pollution from land-based sources and protection of biological diversity, in which the United Nations Environment Programme has been playing an active part. 102. Groundwork has been prepared over the last 15 years under the aegis of the United Nations Environment Programme to establish legal frameworks to manage regional seas. Governments should intensify their efforts to implement legislative measures and other policies at national levels so that the policy sources of the environmental problems of the regional seas are effectively tackled. Increasingly, environmental management of rivers, lakes and forests has been posing a challenge to international co-operation. Governments, with the collaboration of the Programme and concerned international organizations, should accelerate action to establish legal régimes at international and national levels to improve significantly the environmental management of rivers, lakes and forests. The new programme for environmental management of freshwater systems, sponsored by the United Nations Environment Programme, is a promising start. 103. The Montevideo Programme for the Development and Periodic Review of Environmental Law,"2 prepared under the auspices of the United Nations Environment Programme, should be implemented fully. Development of international environmental law should continue, with a view to providing a strong basis for fostering co-operation amoung countries. The progressive emergence of general environmental norms and principles and the codification of existing agreements could lead to a global convention on protection and enhancement of the environment.

60 104. Governments should settle their environmental disputes by peaceful means, making use of existing and emerging agreements and conventions. The International Court of Justice, the International Court of Arbitration and regional mechanisms should facilitate peaceful settlement of environmental disputes.

And by its resolution 42/187 of 11 December 1987,"3 adopted on the recommendation of the Second Committee,"4 the General Assembly welcomed the report of the World Commission on Environment and Development entitled "Our Common Future","5 and concurred with the Commission that the critical objectives for environment and development policies which followed from the need for sustainable development must include preserving peace, reviving growth and changing its quality, remedying the problems of poverty and satisfying human needs, addressing the problems of population growth and of conserving and enhancing the resource base, reorienting technology and managing risk, and merging environment and economics in decision-making. By the same resolution, the General Assembly decided to transmit the report of the Commission to all Governments and to the governing bodies of the organs, organizations and programmes of the United Nations system, and invited them to take account of the analysis and recommendations contained in the report in determining their policies and programmes; and requested the Secretary-General, through the appropriate existing mechanisms, to review and coordinate on a regular basis the efforts of all the organs, organizations and bodies of the United Nations system to pursue sustainable development, and to report thereon to the General Assembly through the Governing Council of the United Nations Environment Programme and the Economic and Social Council.

(b) International code of conduct on the transfer of technology

By its resolution 42/172 of 11 December 1987,"6 adopted on the recommendation of the Second Committee,"7 the General Assembly took note of the report of the Secretary-General of the United Nations Conference on Trade and Development on the consultations held in 1987 relating to the negotiations on an international code of conduct on the transfer of technology,"* noted that the consultations could not be finalized in 1987, and invited the Secretary-General of the Conference on Trade and Development and the President of the United Nations Conference on an International Code of Conduct on the Transfer of Technology to complete their consultations with regional groups and interested Governments with a view to identifying appropriate solutions to the issues outstanding in the draft code of conduct.

During the reporting period, there were no emergency situations involving refugees, and new refugee influxes were generally offset by organized or sponta- neous repatriation, principally in Africa and, to a limited extent, in Latin America and Asia. The Office of the United Nations High Commissioner for Refugees, in dealing with these problems, adopted an approach that combined effective emer-

61 gency response, the prompt establishment of basic services and early action to establish income-generating activities, while efforts continued to promote repatriation, local integration and resettlement as appropriate. The reporting period was also characterized by a growing number of States introducing, or further reinforcing, measures aimed at restricting the entry of asylum-seekers and refugees, partly as a result of the irregular movements of some asylum-seekers and refugees. Foremost among the principles of refugee protection is that of non-refoulement, and the vast majority of States continued to adhere scrupulously to the principle, though with some notable exceptions. Unjustified detention of refugees and asylum-seekers continued to occur during the reporting period. Basic rights to life, liberty and freedom of refugees, including physical safety and security, were violated in a number of instances. Furthermore, there were numerous cases in different parts of the world where refugee women and girls were subjected to rape and sexual abuse. With the accession of Papua New Guinea and Venezuela and the succession of Tuvalu, the number of States parties to the 1951 United Nations Convention relating to the Status of Refugees120 and/or its Protocol of 1967121 rose to 101 during the reporting period. Formal procedures for the determination of refugee status are necessary if refugees are to benefit from the treatment in relevant international instruments, and during the reporting period more States adopted procedures of this kind, bringing to almost 50 the number in which such formal procedures now exist. The Office of the High Commissioner continued its action at advancing and consolidating the acceptance by States of refugee law. Apart from its traditional cooperation with other United Nations bodies and regional intergovernmental organizations, UNHCR undertook special efforts to ensure the promotion and dissemination of refugee principles worldwide, basically, through (a) emergency management training courses devoted to refugee law and protection, held at headquarters and in the field, and (b) externally oriented seminars organized for the benefit of government officials and officials of non-governmental organizations. At the thirty-eighth session of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees, held at Geneva from 5 to 12 October 1987, the Committee reiterated the High Commissioner's leading role in respect of the protection of refugees and called upon him in particular to continue to take, alone or in cooperation with concerned States and agencies, all possible measures to ensure their physical security; called upon States that had adopted a number of measures at discouraging the abusive use of asylum procedures to ensure that those measures had no detrimental effect on the fundamental principles of international protection; reiterated the importance of promoting a wider knowledge and understanding of refugee law and noted with satisfaction the efforts of the Office of the High Commissioner in that regard; welcomed the further accessions by States to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, and requested the High Commissioner to continue his efforts to promote accessions to those and other relevant instruments, in particular, by States confronted with large-scale refugee problems; and further welcomed the recent adoption by a number of States of national administrative and legislative measures to implement effectively the provisions of the international refugee instruments.

62 By its resolution 42/108 of 7 December 1987,122 adopted on the recommendation of the Third Committee,123 the General Assembly, recalling its resolution 37/196 of 18 December 1982, in which it had decided to review, not later than at its forty-second session, the arrangements for the Office of the United Nations High Commissioner for Refugees with a view to determining whether the Office should be continued beyond 31 December 1988, and recognizing the need for concerted international action on behalf of the increasing numbers of refugees and displaced persons of concern to the High Commissioner, decided to continue the Office of the United Nations High Commissioner for Refugees for a further period of five years from 1 January 1989, and further decided to review, not later than at its forty-seventh session, the arrangements for the Office of the United Nations High Commissioner for Refugees with a view to determining whether the Office should be continued beyond 31 December 1993. By its resolution 42/109 of 7 December 1987,124 adopted on the recommendation of the Third Committee,125 the General Assembly, noting the efforts of the High Commissioner for Refugees to continue to address the special problems and needs of refugees and displaced women and children, who in many cases are exposed to a variety of difficult situations affecting their physical and legal protection as well as their psychological and material well-being, strongly reaffirmed the fundamental nature of the function of the United Nations High Commissioner for Refugees to provide international protection and the need for Governments to cooperate fully with his Office in order to facilitate the effective exercise of this function, in particular by acceding to and implementing the relevant international and regional refugee instruments and by scrupulously observing the principles of asylum and non-refoulement, and urged all States to support the High Commissioner in his efforts to achieve durable solutions to the problem of refugees and displaced persons of concern to his Office, primarily through voluntary repatriation or return, including assistance to returnees as appropriate or, wherever appropriate, through integration into countries of asylum or through resettlement in third countries. And by its resolution 42/130 of 7 December 1987,126 adopted on the recommendation of the Third Committee,127 the General Assembly, taking note of Economic and Social Council resolution 1987/89 of 9 July 1987 on the enlargement of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees, decided to increase the membership of the Executive Committee of the Programme of the United Nations High Commissioner for Refugees from 41 to 43, and requested the Economic and Social Council to elect the two additional members at its first regular session of 1988.

(d) International drug control

In the course of 1987, four more States became parties to the 1961 Single Convention on Narcotic Drugs;128 three more States became parties to the 1971 Convention on Psychotropic Substances;129 three more States became parties to the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961;"° and four more States became parties to the Single Convention on Narcotic Drugs, 1961, as amended by the Protocol of 25 March 1972 amending the Single Convention on Narcotic Drugs, 1961.m By its resolution 42/111 of 7 December 1987,'32 adopted on the recommendation of the Third Committee,133 the General Assembly underlined the importance of

63 the appeal made in paragraph 3 of the Declaration of the International Conference on Drug Abuse and Illicit Trafficking,134 in which the Conference called for the urgent but careful preparation and finalization, taking into account the various aspects of illicit trafficking, of the draft convention against illicit traffic in narcotic drugs and psychotropic substances to ensure its entry into force at the earliest possible date as a complement to existing international instruments, and requested the Commission on Narcotic Drugs, through the Economic and Social Council, to consider and, if possible, approve at its tenth special session the draft convention against illicit traffic in narcotic drugs and psychotropic substances. By its resolution 42/112 of the same date,135 also adopted on the recommendation of the Third Committee,13* the General Assembly took note of the report of the International Conference on Drug Abuse and Illicit Trafficking,'37 and welcomed the successful conclusion of the Conference, in particular the adoption of the Declaration134 and the Comprehensive Multidisciplinary Outline of Future Activities in Drug Abuse Control;138 and urged Governments and organizations, in formulating programmes, to take due account of the framework provided by the Comprehensive Multidisciplinary Outline as a repertory of recommendations setting forth practical measures that could contribute to the fight against drug abuse and illicit trafficking. Furthermore, by its resolution 42/113 of the same date,139 adopted on the recommendation of the Third Committee,140 the General Assembly condemned unequivocally once again drug trafficking in all its forms — illicit production, processing, marketing and consumption — as a criminal activity, and requested all States to pledge their political will in a concerted and universal struggle to achieve its complete and final elimination; urged States to acknowledge that they shared responsibility for combating the problem of illicit consumption, production, transit and trafficking and therefore to encourage international co-operation in the struggle to eliminate illicit production and trafficking and the abuse of drugs and psychotropic substances, in accordance with the relevant international and national norms; acknowledged the constant and determined efforts of Governments at the national, regional and international levels to cope with the increase in drug abuse and illicit drug trafficking and its increasingly close links with other forms of organized international criminal activities; and called upon the Governments of countries facing problems of drug abuse, particularly those most seriously affected, as part of their national strategy, to take the necessary measures to reduce significantly the illicit demand for drugs and psychotropic substances.

(é) Human rights questions

( 1 ) Status and implementation of international instruments

(i) International Covenants on Human Rights141

In 1987, two more States became parties to the International Covenant on Economic, Social and Cultural Rights;142 two more States became parties to the International Covenant on Civil and Political Rights;143 and two more States became parties to the Optional Protocol to the International Covenant on Civil and Political Rights.144

64 By its resolution 42/103 of 7 December 1987,143 adopted on the recommendation of the Third Committee,146 the General Assembly took note with appreciation of the report of the Human Rights Committee on its twenty-ninth and thirtieth sessions;147 again urged all States that had not yet done so to become parties to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, and to consider acceding to the Optional Protocol to the International Covenant on Civil and Political Rights; invited the States parties to the International Covenant on Civil and Political Rights to consider making the declaration provided for in article 41 of the Covenant; stressed the importance of avoiding the erosion of human rights by derogation, and underlined the necessity of strict observance of the agreed conditions and procedures for derogation under article 4 of the International Covenant on Civil and Political Rights; and appealed to States parties to review whether any reservation made in respect of the provisions of the International Covenants on Human Rights should be upheld. By its resolution 42/102 of the same date,148 adopted also on the recommendation of the Third Committee,149 the General Assembly, reaffirming the provisions of its resolution 32/130 of 16 December 1977 that all human rights and fundamental freedoms were indivisible and interdependent and that the promotion and protection of one category of rights could never exempt or excuse States from the promotion and protection of the other rights, recognizing the fundamental rights of every people to exercise full sovereignty over its natural wealth and resources, and further recognizing that the realization of the right to development might help to promote the enjoyment of all human rights and fundamental freedoms, appealed to all States to pursue policies directed towards the implementation, promotion and protection of economic, social, cultural, civil and political rights recognized in the International Covenants on Human Rights and other international instruments. And by its resolution 42/105 of the same date,150 adopted on the recommendation of the Third Committee,151 the General Assembly urged States parties to United Nations instruments on human rights with reports overdue to make every effort to present their reports as soon as possible and to take advantage of opportunities whereby such reports could be consolidated; invited States parties to United Nations instruments on human rights to review the processes followed in the preparation of their periodic reports with a view to ensuring compliance with relevant guidelines, improving the quality of description and analysis and limiting reports to a reasonable length; and requested the Secretary-General to revise, as a matter of priority and in consultation with the treaty bodies, the draft compilation of general guidelines elaborated by the various supervisory bodies and the list of articles dealing with related rights under the United Nations instruments on human rights, and to include in the guidelines, where appropriate, the general comments of the supervisory bodies in order to assist States parties in compiling reports.

(ii) Convention on the Elimination of All Forms of Discrimination against Women™

In 1987, three more States became parties to the Convention on the Elimination of All Forms of Discrimination against Women.

65 By its resolution 42/60 of 30 November 1987,1M adopted on the recommendation of the Third Committee,154 the General Assembly, bearing in mind that one of the purposes of the United Nations, as stated in Articles 1 and 55 of the Charter of the United Nations, is to promote universal respect for human rights and fundamental freedoms for all without distinction of any kind, including distinction as to sex, urged all States that had not yet ratified or acceded to the Convention to do so as soon as possible, and urged States parties to make all possible efforts to submit their initial reports on the implementation of the Convention in accordance with article 18 thereof and within the guidelines of the Committee. The Assembly also noted with concern the account by the Committee on the Elimination of Discrimination against Women of the current constraints within which it operated with regard to the backlog of reports awaiting consideration and encouraged the Committee to intensify its discussion on ways and means of dealing with the problem, including possible adjustment of the reporting system, and to formulate in an appropriate way suggestions to that effect for consideration by the Economic and Social Council and by the General Assembly at its forty-third session.

(iii) Convention on the Prevention and Punishment of the Crime of Genocide™

In 1987, one more State became party to the Convention on the Prevention and Punishment of the Crime of Genocide. By its resolution 42/133 of 7 December 1987,156 adopted on the recommendation of the Third Committee,157 the General Assembly, reaffirming once again its conviction that genocide was a crime under international law, contrary to the spirit and aims of the United Nations, noted with satisfaction that many States had ratified the Convention on the Prevention and Punishment of the Crime of Genocide or had acceded thereto, and urged those States which had not yet become parties to the Convention to ratify it or accede thereto without further delay.

(iv) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment™

During the course of 1987, thirteen more States became parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. By its resolution 42/123 of 7 December 1987,159 adopted on the recommendation of the Third Committee,160 the General Assembly welcomed with deep satisfaction the entry into force on 26 June 1987 of the Convention as a major step in international efforts to promote universal respect for and observance of human rights and fundamental freedoms, and recognized the need for the Committee against Torture to give early attention to the development of an effective reporting system on implementation by States parties to the Convention, taking due account of the draft guidelines of the Secretary-General on reporting and the activities of the Human Rights Committee, as well as of the other human rights treaty bodies, established under the relevant international instruments in the field of human rights.

(v) International Convention on the Suppression and Punishment of the Crime of Apartheid

66 In 1987, one more State became party to the International Convention on the Suppression and Punishment of the Crime of Apartheid. By its resolution 42/56 of 30 November 1987,162 adopted on the recommendation of the Third Committee,163 the General Assembly appealed once again to the States that had not yet done so to ratify or to accede to the Convention without further delay, in particular those States which had jurisdiction over transnational corporations operating in South Africa and Namibia and without whose cooperation such operations could not be halted, and drew the attention of all States to the opinion expressed by the Group of Three of the Commission on Human Rights in its report164 that transnational corporations operating in South Africa and Namibia must be considered accomplices in the crime of apartheid, in accordance with article III (b) of the Convention. Furthermore, the Assembly requested the Commission on Human Rights to intensify, in cooperation with the Special Committee against Apartheid, its efforts to compile periodically the progressive list of individuals, organizations, institutions and representatives of States deemed responsible for crimes enumerated in article n of the Convention, as well as those against whom or which legal proceedings had been undertaken.

(2) Question of a convention on the rights of the child

By its resolution 42/101 of 7 December 1987,165 adopted on the recommendation of the Third Committee,166 the General Assembly, convinced of the positive contribution which an international convention on the rights of the child, as a standard-setting accomplishment of the United Nations in the field of human rights, would make to protecting children's rights and ensuring their well-being, requested the Commission on Human Rights to give the highest priority to, and to make every effort at its sessions in 1988 and in 1989 to complete, a draft convention on the rights of the child and to submit it, through the Economic and Social Council, to the General Assembly at its forty-fourth session.

(3) Report of the Committee on the Elimination of Racial Discrimination

In its resolution 42/57 of 30 November 1987,167 adopted on the recommendation of the Third Committee,158 the General Assembly expressed its profound concern at the fact that a number of States parties to the International Convention on the Elimination of All Forms of Racial Discrimination169 had not fulfilled their financial obligations under the Convention, which had led to the cancellation of the August 1986 session and the curtailment by two weeks of the August 1987 session of the Committee on the Elimination of Racial Discrimination, and expressed once again its concern that such a situation prevented the Committee from submitting an annual report to the General Assembly at its forty-first session as required by the Convention and had led to further delay in discharging its substantive obligations under the Convention. The Assembly called upon States parties to fulfil their obligations under article 9, paragraph 1, of the Convention and to submit in due time their periodic reports on measures taken to implement the Convention, and strongly appealed to all States parties to fulfil without delay their financial obligations under article 8, paragraph 6, of the Convention so as to enable the Committee to continue its work.

67 (4) Elimination of all forms of religious intolerance

By its resolution 42/97 of 7 December 1987,170 adopted on the recommendation of the Third Committee,171 the General Assembly, seriously concerned that intolerance and discrimination on the grounds of religion or belief continued to exist in many parts of the world, and believing that further efforts were therefore required to promote and protect the right to freedom of thought, conscience, religion and belief and to eliminate all forms of intolerance and discrimination based on religion or belief, urged States, in accordance with their respective and constitutional systems and with such internationally accepted instruments as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief172 to provide, where they had not already done so, adequate constitutional and legal guarantees of freedom of thought, conscience, religion and belief, including the provision of effective reme- dies where there was intolerance or discrimination based on religion or belief, and stressed, in that connection, the value of the work in progress in the Commission on Human Rights on the preparation of a compendium of national legislation and regulations on the question of freedom of religion or belief and invited States to provide the necessary information to the Secretary-General, with particular regard to the measures taken to combat intolerance or discrimination in that field.

(5) Summary or arbitrary executions

By its resolution 42/141 of 7 December 1987,173 adopted on the recommendation of the Third Committee,174 the General Assembly, convinced of the need for appropriate action to combat and eventually eliminate the abhorrent practice of summary or arbitrary executions, which represented a flagrant violation of the most fundamental human right, the right to life, once again strongly condemned the large number of summary or arbitrary executions, including extra-legal executions, that continued to take place in various parts of the world, and urged all Governments and all others concerned to co-operate with and assist the Special Rapporteur of the Commission on Human Rights in order that he might carry out his mandate effectively. The Assembly furthermore endorsed the recommendation of the Special Rapporteur on the need to develop international standards designed to ensure effective legislation and other domestic measures so that proper investigations would be conducted by appropriate authorities into all cases of suspicious death, including provisions for adequate autopsy.

(6) Human rights and mass exoduses

By its resolution 42/144 of 7 December 1987,175 adopted on the recommendation of the Third Committee,176 the General Assembly, welcoming the steps taken by the Secretary-General to establish an early warning system, as mentioned in his report on the work of the Organization177 submitted to the General Assembly at its forty-first session, recalled the recommendation of the Group of Governmental Experts on International Cooperation to Avert New Flows of Refugees that the principal organs of the United Nations should make fuller use of their respective competencies under the Charter for the prevention of new massive flows of refugees and displaced persons; invited all Governments and internation-

68 al organizations concerned to intensify their cooperation and assistance in worldwide efforts to address the serious problems resulting from mass exoduses of refugees and displaced persons, and also the causes of such exoduses; and requested all Governments to ensure the effective implementation of the relevant international instruments, in particular in the field of human rights, as that would contribute to averting new massive flows of refugees and displaced persons.

(7) Universal realization of the right of peoples to self-determination

By its resolution 42/94 of 7 December 1987,178 adopted on the recommendation of the Third Committee,179 the General Assembly reaffirmed that the universal realization of the right of all peoples, including those under colonial, foreign and alien domination, to self-determination was a fundamental condition for the effective guarantee and observance of human rights and for the preservation and promotion of such rights, and requested the Commission on Human Rights to continue to give special attention to the violation of human rights, especially the right to self- determination, resulting from foreign military intervention, aggression or occupation. And by its resolution 42/95 of the same date,180 adopted on the recommendation of the Third Committee,181 the General Assembly called upon all States to implement fully and faithfully all the resolutions of the United Nations regarding the exercise of the right to self-determination and independence by peoples under colonial and foreign domination; reaffirmed the legitimacy of the struggle of peoples for their independence, territorial integrity, national unity and liberation from colonial domination, apartheid and foreign occupation by all available means, including armed struggle; and strongly condemned those Governments that did not recognize the right to self-determination and independence of all peoples still under colonial domination and alien subjugation, notably the peoples of Africa and the Palestinian peoples. Moreover, by its resolution 42/96, also of the same date,182 and also adopted on the recommendation of the Third Committee,183 the General Assembly, reaffirming the legitimacy of the struggle of peoples and their liberation movements for their independence, territorial integrity, national unity and liberation from colonial domination, apartheid and foreign intervention and occupation, and that their legitimate struggle could in no way be considered as or equated to mercenary activity, recognizing that mercenarism was a threat to international peace and security, and recognizing also that the activities of mercenaries were contrary to fundamental principles of international law, such as non-interference in the internal affairs of States, territorial integrity and independence, and seriously impeded the process of self-determination of peoples struggling against colonialism, racism and apartheid and all forms of foreign domination, called upon all States to exercise the utmost vigilance against the menace posed by the activities of mercenaries and to ensure, by both administrative and legislative measures, that the territory of those States and other territories under their control, as well as their nationals, were not used for the recruitment, assembly, financing, training and transit of mercenaries, or the planning of such activities designed to destabilize or overthrow the Government of any State and to fight the national liberation movements struggling against racism, apartheid, colonial domination and foreign intervention and occupation for their independence, territorial integrity and national unity; and urged all States to take the necessary measures under their respective domestic laws to prohibit the recruitment, financing, training and transit of mercenaries on their territory.

69 (8) Right to development

By its resolution 42/117 of 7 December 1987,'84 adopted on the recommendation of the Third Committee,185 the General Assembly, reiterating the importance of the right to development for all countries, in particular the developing countries, called upon the Commission on Human Rights to consider at its forty- fourth session the report, recommendations and suggestions of its Working Group of Governmental Experts on the Right to Development, as well as all other relevant materials, including the analytical compilation by the Secretary-General of the replies received on the implementation of the Declaration on the Right to Development,186 with a view to deciding on practical measures to implement the Declaration, including specific proposals concerning future work.

(9) Human rights and scientific and technological developments

By its resolution 42/98 of 7 December 1987,187 adopted on the recommendation of the Third Committee,188 the General Assembly, reaffirming its conviction that detention of persons in mental institutions on account of their political views or on other non-medical grounds was a violation of their human rights, again urged the Commission on Human Rights and, through it, the Subcommission on Prevention of Discrimination and Protection of Minorities to expedite their consideration of the draft body of guidelines, principles and guarantees of the protection of those detained on the grounds of mental ill-health, so that the Commission could submit its views and recommendations, including a draft body of guidelines, principles and guarantees, to the General Assembly at its forty-fourth session, through the Economic and Social Council. And by its resolution 42/99 of the same date,189 adopted on the recommendation of the Third Committee,190 the General Assembly stressed once again the urgent need for the international community to make every effort to strengthen peace, remove the growing threat of war, particularly nuclear war, halt the arms race and achieve general and complete disarmament under effective international control and prevent violations of the principles of the Charter of the United Nations regarding the sovereignty and territorial integrity of States and the self-determination of peoples, thus contributing to ensuring the right to life, and called upon all States, appropriate United Nations bodies, the specialized agencies and intergovernmental and non-governmental organizations concerned to take the necessary measures to ensure that the results of scientific and technological progress, the material and intellectual potential of mankind, were used to solve global problems exclusively in the interests of international peace, for the benefit of mankind and for promoting and encouraging universal respect for human rights and fundamental freedoms. Furthermore, by resolution 42/100 also of the same date,191 adopted on the recommendation of the Third Committee,192 the General Assembly stressed the importance of the implementation by all States of the provisions and principles contained in the Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind193 in order to promote human rights and fundamental freedoms, and called upon all States to make every effort to use the achievements of science and technology in order to promote peaceful social, economic and cultural development and progress and to put an end to the use of those achievements for military purposes.

70 ( 10) Realization of the right to adequate housing

By its resolution 42/146 of 7 December 1987,194 adopted on the recommendation of the Third Committee,195 the General Assembly, bearing in mind that the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights provided that all persons had the right to an adequate standard of living for themselves and their families, including adequate housing, and that States should take appropriate steps to ensure the realization of that right, called upon all States and international organizations concerned to pay special attention to the realization of the right to adequate housing in carrying out measures to develop national shelter strategies and settlement improvement programmes within the framework of the global strategy for shelter to the year 2000.

(11) Measures to improve the situation and ensure the human rights and dignity of all migrant workers

In its resolution 42/140 of 7 December 1987,196 adopted on the recommendation of the Third Committee,197 the General Assembly, reiterating that, in spite of the existence of an already established body of principles and standards, there was a need to make further efforts to improve the situation and ensure the human rights and dignity of all migrant workers and their families, took note with satisfaction of the two most recent reports of the Working Group on the Drafting of an International Convention on the Protection of the Rights of All Migrant Workers and Their Families198 and, in particular, of the progress made by the Working Group on the drafting, in second reading, of the draft convention.

(12) Respect for the right of everyone to own property alone as well as in association with others and its contribution to the economic and social development of member States

By its resolution 42/114 of 7 December 1987,199 adopted on the recommendation of the Third Committee,200 the General Assembly recalled that, in its resolution 41/132 of 4 December 1986, it had requested the Secretary-General to prepare a report to be submitted to the Assembly at its forty-third session that would take into account the views of Member States, specialized agencies and other competent bodies of the United Nations system, within existing resources, on (a) the relationship between the full enjoyment by individuals of human rights and fundamental freedoms, in particular the right of everyone to own property alone as well as in association with others, as set forth in article 17 of the Universal Declaration of Human Rights, and the economic and social development of member States and (b) the role of the right of everyone to own property alone as well as in association with others, as set forth in article 17 of the Universal Declaration of Human Rights, in ensuring the full and free participation of individuals in the economic and social systems of States; took note of the preliminary, oral report on the question made by the Under-Secretary-General for Human Rights; and appealed to Member States, on the basis of their national experience, and to specialized agencies and other competent bodies of the United Nations system to respond as constructively and as factually as possible to the invitation in its resolution 41/132 to communicate to the Secretary-General their views on the subject of his report.

71 (13) The Impact of property on the enjoyment of human rights and fundamental freedoms

By its resolution 42/115 of 7 December 1987,20' adopted on the recommendation of the Third Committee,202 the General Assembly recognized that there existed in Member States many forms of legal property ownership, including private, communal and State forms, each of which should contribute to ensuring the effective development and utilization of human resources through the establishment of sound bases for political, economic and social justice; called upon States to ensure that their national legislation with regard to all forms of property should preclude any impairment of the enjoyment of human rights and fundamental freedoms, without prejudice to their right freely to choose and develop their political, social, economic and cultural systems; and vigorously condemned the transnational corporations that maintained or were increasing their collaboration with the racist regime of South Africa, thus encouraging that regime to persist in its inhuman and criminal policy of brutal oppression of the peoples of southern Africa and denial of their human rights and becoming accomplices in the inhuman practices of racial discrimination, colonialism and apartheid.

(14) Alternative approaches and ways and means within the United Nations system for improving the effective enjoyment of human rights and fundamental freedoms

By its resolution 42/119 of 7 December 1987,203 adopted on the recommendation of the Third Committee,204 the General Assembly, reaffirming the importance of furthering the activities of the organs of the United Nations in the field of human rights in conformity with the principles of the Charter of the United Nations, reiterated its request that the Commission on Human Rights continue its current work on overall analysis with a view to further promoting and strengthening human rights and fundamental freedoms, including the question of the programme and working methods of the Commission, and on the overall analysis of the alternative approaches and ways and means for improving the effective enjoyment of human rights and fundamental freedoms, in accordance with the provisions and concepts of General Assembly resolution 32/130 of 16 December 1977 and other relevant texts, and affirmed its profound conviction that equal attention and urgent consideration should be given to the implementation, promotion and protection of civil and political rights and of economic, social and cultural rights.

(15) National institutions for the protection and promotion of human rights

By its resolution 42/116 of 7 December 1987,205 adopted on the recommendation of the Third Committee,206 the General Assembly reaffirmed the importance of developing, in accordance with national legislation, effective national institutions for the protection and promotion of human rights and of maintaining their independence and integrity, and encouraged Member States to establish or, where they already existed, to strengthen national institutions for the protection and promotion of human rights and to incorporate those elements in national development plans.

72 (16) New international humanitarian order

By its resolution 42/120 of 7 December 1987,207 adopted on the recommendation of the Third Committee,208 the General Assembly, noting the efforts of the Independent Commission on International Humanitarian Issues to promote public awareness of humanitarian issues, analyse relatively neglected aspects and identify alternative approaches for resolving humanitarian problems, and taking note of the report of the Independent Commission, as well as the sectoral reports on specific humanitarian issues, drew the attention of Governments and intergovernmental organizations, including those functioning at the regional level, to the report of the Independent Commission; requested the Independent Commission to transmit its report to Member States and to the executive heads of specialized agencies and programmes of the United Nations system in order to enable them to consider its analyses and conclusions; and invited all non-governmental organizations concerned with the humanitarian issues examined by the Independent Commission to bear in mind the recommendations and suggestions and actions in the field. Furthermore, by its decision 42/444 of 11 December 1987,209 entitled "New international human order: moral aspects of development", the General Assembly, at its 96th plenary meeting, on 11 December 1987, took note of the report of the Second Committee on the question.

(17) Fortieth anniversary of the Universal Declaration of Human Rights

By its resolution 42/131 of 7 December 1987,210 adopted on the recommendation of the Third Committee,211 the General Assembly, recalling that in its resolution 41/150 of 4 December 1986 it had decided to celebrate in 1988 the fortieth anniversary of the Universal Declaration of Human Rights, resolved that the cele- bration in 1988 of the fortieth anniversary of the Universal Declaration of Human Rights should be used as an occasion to highlight the achievements of the United Nations in its efforts to promote and protect human rights universally, to renew the commitment of the Organization in that area and to encourage Member States to ensure the promotion and protection of the rights enshrined in the Declaration; once again invited Member States, the specialized agencies, regional intergovernmental organizations and non-governmental organizations to take appropriate measures, such as those set forth in the annex to resolution 41/150, and to support appropriate activities aimed at encouraging the promotion of the universal observance and enjoyment of civil and political rights, as well as economic, social and cultural rights; and urged the Secretary-General to carry out the activities indicated in the annex to resolution 41/150 in order to assure the success of the activities commemorating the fortieth anniversary of the Declaration.

(18) International Literacy Year

Moreover, by its resolution 42/104 of 7 December 1987,212 adopted on the recommendation of the Third Committee,213 the General Assembly, recalling that in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights the inalienable right of everyone to education was recognized, proclaimed 1990 as International Literacy Year.

73 (/) Crime prevention and criminal justice

By its resolution 42/59 of 30 November 1987,214 adopted on the recommendation of the Third Committee,215 the General Assembly, recognizing the crucial functions of the Committee on Crime Prevention and Control in developing practical crime prevention and criminal justice policies and strategies as a standing expert body of the Economic and Social Council and as a preparatory body for the quinquennial United Nations congresses on the prevention of crime and the treatment of offenders, reaffirming that the quinquennial congresses on the prevention of crime and the treatment of offenders were of fundamental importance to progress in the field of crime prevention and criminal justice and provided unique opportunities for focusing on specific priority problems, as well as for assessing general trends and sharing perspectives, establishing norms and standards and evaluating their implementation, monitoring the results of the United Nations programmes of work as a whole and setting priorities for action in the following quinquennium, and recognizing the pivotal role of the United Nations, through its programme activities and congresses on the prevention of crime and the treatment of offenders, in promoting the exchange of expertise and experience and closer international cooperation in that field, urged Member States and the Secretary-General to make every effort to translate into action, as appropriate, the respective recommendations, policies and conclusions stemming from the Milan Plan of Action and other relevant resolutions and recommendations adopted unanimously by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders2'6 and to accord priority attention to the forms of crime identified in the Milan Plan of Action through strengthening international cooperation. Furthermore, the Assembly endorsed the recommendations related to the preparation of the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, to be held in 1990.

(g) Human rights in the administration of justice

In its resolution 42/143 of 7 December 1987,217 adopted on the recommendation of the Third Committee,218 the General Assembly, calling attention to the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power219 and the safeguards guaranteeing protection of the rights of those facing the death penalty, approved by the Economic and Social Council in its resolution 1984/50 of 25 May 1984 and endorsed by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders,220 as well as to the Basic Principles on the Independence of the Judiciary,221 the Code of Conduct for Law Enforcement Officials222 and the Standard Minimum Rules for the Treatment of Prisoners,223 urged member States to spare no effort in providing for effective legislative and other mechanisms and procedures and adequate resources to ensure more effective implementation of existing international standards relating to human rights in the administration of justice.

(h) Return or restitution of cultural property to the countries of origin

By its resolution 42/7 of 22 October 1987,224 the General Assembly recommended that Member States adopt or strengthen the necessary protective legislation

74 with regard to their own heritage and that of other peoples; invited Member States to continue drawing up, in cooperation with the United Nations Educational, Scientific and Cultural Organization, systematic inventories of cultural property existing in their territory and of their cultural property abroad; also invited Member States engaged in seeking the recovery of cultural and artistic treasures from the seabed, in accordance with international law, to facilitate by mutually acceptable conditions the participation of States having a historical and cultural link with those treasures; appealed to Member States to cooperate closely with the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation and to conclude bilateral agreements for that purpose; requested States parties to the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property225 to keep the Secretary-General of the United Nations and the Director-General of UNESCO fully informed of the measures taken to ensure implementation of the Connvention at the national level; and invited once again those Member States that had not yet done so to sign and ratify the Convention.

4. LAW OF THE SEA

Status of the United Nations Convention on the Law of the Sea™

As of 31 December 1987, 159 States had signed and 35 States and the United Nations Council for Namibia had ratified the United Nations Convention on the Law of the Sea.

Preparatory Commission for the International Seabed Authority and the International Tribunal for the Law of the Seam

The Preparatory Commission met twice during 1987. It held its fifth session at Kingston, Jamaica, from 30 March to 16 April 1987, and a meeting in New York from 27 July to 21 August 1987. During the course of the year, the Preparatory Commission registered India as the first pioneer investor in the international seabed area, and in accordance with resolution n of the Third United Nations Conference on the Law of the Sea, India was allocated an area of 150,000 square kilometres in the south-central Indian Ocean basin. It was the general opinion that the registration of India as a pioneer investor represented a milestone in the evolution of the law of the sea. It was also the general view that the event not only marked the beginning of the implementation of the pioneer system established under resolution n, but in fact gave concrete meaning to the principle of the common heritage of mankind embodied in the 1982 United Nations Convention on the Law of the Sea. The plenary of the Commission completed the first reading of the draft rules of procedure for the Economic Planning Commission, and the second reading of the revised rules of procedure of the Council. The four Special Commissions of the Preparatory Commission considered the substantive work allocated to them. Special Commission 1, which is undertaking

75 studies on the problems that would be encountered by the developing land-based producer States likely to be most seriously affected by seabed mineral production, continued its discussion on possible remedial measures for such developing land-based producer States. In meetings of Special Commission 2, which is charged with preparing for the establishment of the Enterprise, the operational arm of the Authority, as well as taking necessary measures to enable the Enterprise to keep pace with States and other entities that also will be engaged in deep seabed mining, discussions were held on the questions of the training to be provided for the personnel of the Enterprise and the administrative structure of the Enterprise. Special Commission 3, involved in the preparation of the rules, regulations and procedures for the exploration and exploitation of the deep seabed, began a detailed consideration of draft articles concerning the financial terms of a mining contract. Special Commission 4, which is preparing for the establishment of the International Tribunal for the Law of the Sea, completed its second round of discussions on the draft rules of the Tribunal, with the exception of the issue concerning the procedures for die prompt release of vessels and crews. The Commission also considered the requirements for a headquarters agreement between the Tribunal and the host country. The report of the Secretary-General provided in its part two an overview of the activities of the Office of the Special Representative of the Secretary-General for the Law of the Sea.

Consideration by the General Assembly

By its resolution 42/20 of 18 November 1987,228 the General Assembly recalled the historic significance of the United Nations Convention on the Law of the Sea as an important contribution to the maintenance of peace, justice and progress for all peoples of the world, called upon all States that had not done so to consider ratifying or acceding to the Convention at the earliest possible date to allow the effective entry into force of the new legal regime for the uses of the sea and its resources, and called upon States to observe the provisions of the Convention when enacting the national legislation, and to desist from taking actions which undermined the Convention or defeated its object and purpose.

5. INTERNATIONAL COURT OF JUSTICE *»• °°

Cases before the Court A. CONTENTIOUS CASES BEFORE THE FULL COURT

(i) Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America)231

In a letter of 7 September 1987, the Agent of Nicaragua stated that no agreement had been reached between the Parties as to the form and amount of the reparation and that Nicaragua requested the Court to make the necessary orders for the further conduct of the case.

76 By a letter dated 13 November 1987, the Deputy Agent of the United States informed the Registrar that the United States remained of the view that the Court was without jurisdiction to entertain the dispute and that the Nicaraguan Application was inadmissible, and that, accordingly, the United States would not be represented at a meeting, to be held in accordance with Article 31 of the Rules of the Court, for the purpose of ascertaining the views of the Parties on the procedure to be followed. By an Order of 18 November 1987,232 the Court fixed time-limits for written proceedings on the question of the form and amount of reparation to be made in the case, namely, 29 March 1988 for a Memorial of Nicaragua and 29 July 1988 for a Counter-Memorial of the United States.

(ii) Border and Transborder Armed Actions (Nicaragua v. Costa Rica)a 3

By a communication of 12 August 1987 the Agent of Nicaragua, referring to an agreement signed on 7 August 1987 at Guatemala City by the Presidents of the five States of Central America (the Esquipulas II agreement, entitled "Procedures for the establishment of a firm and lasting peace in Central America"), stated that "Nicaragua discontinues the judicial proceedings instituted against Costa Rica". On 19 August 1987, after having ascertained that the Government of Costa Rica did not object to the discontinuance, the President of the Court made an Order placing the discontinuance on record and ordering that the case be removed from the list.235

(iii) Border and Transborder Armed Actions (Nicaragua v. Honduras)™

Both the Memorial of Honduras and the Counter-Memorial of Nicaragua were filed within the prescribed time-limits, but the oral proceedings on jurisdiction and admissibility were temporarily adjourned, with the approval of the Court, as a result of the signing on 7 August 1987 of the "Procedure for the establishment of a firm and lasting peace in Central America" (the Esquipulas II agreement) by the Presidents of the five States of Central America. B. CONTENTIOUS CASES BEFORE A CHAMBER

(i) Land, Island and Maritime Frontier Dispute (El Salvador/Honduras)236

On 8 May 1987, the Court made an Order whereby it acceded to the request of the two Governments to form a special Chamber of five judges to deal with the dispute between them.2" It declared that it had elected Judges Shigeru Oda, José Sette-Camara and Sir Robert Jennings to form, with the judges ad hoc chosen by the Parties, the Chamber to deal with the case. By an Order of 27 May 1987,238 the Court, having consulted the Chamber, fixed 1 June 1988 as the time-limit for the filing of a Memorial by each of the Parties. The Chamber, at a private meeting on 29 May 1987, elected Judge Sette- Camara as its President. By an Order of the same date,239 the Chamber, taking into

77 account the wishes of the Parties as expressed in the Special Agreement, fixed 1 February 1989 as the time-limit for the filing of a Counter-Memorial by each of the Parties and 1 August 1989 for the filing of the Replies. On 9 November 1987, the inaugural public sitting of the Chamber was held, at which Judges ad hoc Valticos and Virally made the solemn declaration required by the Statute and the Rules of Court. By an order of 27 May 1987,240 the Court fixed a time-limit of 1 June 1988 for the filing of a Memorial.

(ii) Elettronica Sicula S.pA. (ELS1) MI

On 6 February 1987, the United States of America filed an Application insti- tuting proceedings against the Republic of Italy concerning a dispute arising from the requisition by the Government of Italy of the plant and related assets of Elettronica Sicula S.p.A. (ELSI), an Italian company which was stated to have been 100 per cent owned by two United States corporations. Upon a request by the two Parties, the Court, by an Order of 2 March 1987,242 constituted a Chamber to deal with the case. It declared that it had elected as members of the Chamber: President Nagendra Singh; Judges Shigeru Oda, Roberto Ago, Stephen M. Schwebel and Sir Robert Jennings. By the same Order, the Court fixed the time-limits for a Memorial by the United States and a Counter- Memorial by Italy, which were filed within the prescribed time-limits. On 17 November 1987, the inaugural public sitting of the Chamber was held. By an Order of the same date,243 the Chamber of the Court fixed time-limits for a Reply by the United States and a Rejoinder by Italy, which were filed within the prescribed time-limits. C. REQUEST FOR ADVISORY OPINION

On 27 May 1987, the International Court of Justice delivered its advisory opinion in respect of Judgement No. 333 (1987) of the Administrative Tribunal of the United Nations in the case of Yakimetz v. the Secretary-General of the United Nations."4 A summary outline and the complete text of the operative paragraphs of the opinion are reproduced in chapter VU below.

6. INTERNATIONAL LAW COMMISSION245

Thirty-ninth session of the Commission"6

The International Law Commission held its thirty-ninth session at Geneva from 4 May to 17 July 1987. The Commission considered all items on its agenda except for the items "State responsibility", "Jurisdictional immunities of States and their property" and "Status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier". On the question of the draft Code of Offences against the Peace and Security of Mankind, the Commission had before it the fifth report on the topic submitted by

78 the Special Rapporteur.247 In his fifth report the Rapporteur presented revised texts of some of the draft articles he had submitted at the thirty-eighth session, which comprised the introduction to the draft Code and dealt with the definition and char- acterization of offences against the peace and security of mankind, as well as with general principles. The Commission also had before it the observations of Member States on the topic.248 The Commission decided to refer draft articles 1 to 11 to the Drafting Committee and, having considered the report of the Drafting Committee, provisionally adopted draft articles 1 to 3 and 5 to 6. Owing to lack of time, the Drafting Committee was unable to formulate texts for articles 4 and 7 and 8 to 11. As regards the tide of the topic, the Commission noted that the word "crimes" had been used in some language versions, whereas others had used the word "offences". Following discussion of the issue, the Commission decided to recommend to the General Assembly that it amend the title of the topic in English to read in the future as "Draft Code of Crimes against the Peace and Security of Mankind", in order to achieve greater uniformity and equivalence between the different language versions. Concerning the topic of the law of the non-navigational uses of international watercourses, the Commission had before it the Special Rapporteur's third report.249 In his report, the Special Rapporteur reviewed the status of the work on the topic; set forth general considerations on procedural rules relating to the utilization of international watercourses; submitted six draft articles (articles 10 -15) concerning general principles of cooperation and notification; and addressed the question of exchange of data and information. The Commission decided to refer articles 10 to 15 to the Drafting Committee. After having considered the report of the Drafting Committee, the Commission approved the method followed by the Committee with regard to article 1 and the question of the use of the term "system", and provisonally adopted articles 2 to 7, which are based on draft articles 2 to 8 which were referred to the Drafting Committee by the Commission at the thirty-sixth session, as well as on articles 1 to 5 provisionally adopted by the Commission at its thirty-second session. Owing to lack of time, the Drafting Committee was unable to complete its consideration of draft articles 9 to 15. With respect to the question of international liability for injurious consequences arising out of acts not prohibited by international law, the Commission had before it the Special Rapporteur's second report,250 held over from the previous session for further consideration, and his third report,251 wherein he submitted six draft articles. In view of the extensive debate in the Commission, the Special Rapporteur did not request the Commission to refer the six draft articles to the Drafting Committee, but rather preferred to introduce new draft articles at the next session. Regarding relations between States and international organizations (second part of the topic), the Commission had before it the Special Rapporteur's third report.252 hi the report, the Special Rapporteur analysed the debates on the topic held in the Sixth Committee of the General Assembly at its fortieth session and in the Commission at its thirty-seventh session; set out various considerations regarding the scope of the topic; and submitted to the Commission an outline of the subject-matter to be covered by the draft articles he intended to prepare on the topic. Following consideration of the report, the Commission decided to request the Special Rapporteur to continue his study of the topic, in accordance with the guidelines laid down in the outline contained in his third report and in the light of the views expressed on the topic at the Commission's present session, in the hope that it would be possible for him to produce a set of draft articles in the future.

79 Consideration by the General Assembly

At its forty-second session, the General Assembly had before it the report of the International Law Commission on the work of its thirty-ninth session.251 By its resolution 42/156 of 7 December 1987,254 adopted on the recommendation of the Sixth Committee,2" the General Assembly took note of the report of the International Law Commission on the work of its thirty-ninth session; recommended that, taking into account the comments of Governments, whether in writing or expressed orally in debates in the General Assembly, the International Law Commission should continue its work on the topics in its current programme; and further recommended the continuation of efforts to improve the ways in which the report of the International Law Commission is considered in the Sixth Committee, with a view to providing effective guidance for the Commission in its work, and to this end decided that the Sixth Committee shall hold consultations at the commencement of the forty-third session of the General Assembly, including, inter alia, consultations on the question of establishing a working group, to meet during the debate on the report of the International Law Commission in order to allow for a concentrated discussion on one or more of the topics on the agenda of the Commission. Moreover, by its resolution 42/151 of the same date,2*' also adopted on the recommendation of the Sixth Committee,2"17 the Assembly agreed with the recommendation of the report of the International Law Commission to amend the title of this topic in English in order to achieve greater uniformity and equivalence between different language versions, and invited the Commission to continue its work on the elaboration of the draft Code of Crimes against the Peace and Security of Mankind, including the elaboration of a list of crimes.

7. UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW25»

Twentieth Session of the Commission2™

The United Nations Commission on International Trade Law held its twentieth session at Vienna, from 20 July to 14 August 1987. In connection with the question of international payments, the Commission had before it the report of the Working Group on International Negotiable Instruments on the work of its fifteenth session,260 a note by the secretariat containing the comments of Governments and international organizations on the draft Convention261 and a note by the secretariat containing draft final clauses.262 The Commission commenced its deliberations on the draft Convention on International Bills of Exchange and International Promissory Notes,261 and, after completing its review, referred the draft articles to a drafting group. The draft articles as modified and submitted by the drafting group were then reviewed by the Commission, which subsequently adopted the decision by which it submitted the draft Convention to the General Assembly with a recommendation that it should consider the draft Convention with a view to its adoption or any other action to be taken.

80 With regard to the question of the new international economic order, the Commission took note of the report of its Working Group on the New International Economic Order on the work of its ninth session,264 as well as the draft foreword, introduction and chapters of the draft Legal Guide on Drawing up International Contracts for the Construction of Industrial Works as considered by the Working Group at its ninth session26"5 and a report of the Secretary-General containing a draft index to the Legal Guide.266 After consideration of certain modifications, the Commission adopted the UNCITRAL Legal Guide on Drawing Up International Contracts for the Construction of Industrial Works. The Commission also had before it a note by the secretariat reporting on the progress made by the secretariat in its preparatory work on the topic of international procurement.267 The Commission took note of the report and requested the secretariat to continue with that work. The Commission also discussed the report of the Working Group on International Contract Practices on the work of its tenth session,268 which set forth the deliberations and decisions of the Working Group with respect to the draft articles of uniform rules on the liability of operators of transport terminals. The Commission took note with appreciation of the report of the Working Group. The Commission also had before it a report of the Secretary-General on the legal implications of automatic data processing,269 which was divided into two parts, the first describing the results of a meeting hosted by the Commission secretariat at Vienna on 12-13 March 1987, the second analysing information on the work undertaken by other organizations on the subject matter. The Commission took note with appreciation of the report and approved the course of action proposed therein. With respect to training and assistance, the Commission considered a report of the Secretary-General270 which described the seminars and symposia on international trade law in which members of the secretariat had participated as speak- ers. The report also described a symposium organized in cooperation with the Latin American Federation of Banks at Mexico City in June 1987 that had dealt with the Commission's texts on international payments. A general view was expressed that regional seminars and symposia were important and that in some cases such activities could be held in collaboration with regional economic group- ings. It was noted that such symposia and seminars were of great value to young lawyers and government officials from developing countries.

Consideration by the General Assembly

At its forty-second session, the General Assembly, by its resolution 42/152 of 7 December 1987,271 adopted on the recommendation of the Sixth Committee,272 commended the United Nations Commission on International Trade Law for the progress made in its work and for having reached decisions by consensus; called upon the Commission to continue to take account of the relevant provisions of the resolutions concerning the new international economic order, as adopted by the General Assembly at its sixth27' and seventh274 special sessions; expressed its appreciation to those regional organizations and institutions which had collaborat- ed with the secretariat of the Commission in organizing regional seminars and symposia in the field of international trade law; and noted with particular satisfaction the completion and adoption by the Commission of the Legal Guide on Drawing Up International Contracts for the Construction of Industrial Works.

81 Moreover, by its resolution 42/153 of the same date,275 adopted also on the recommendation of the Sixth Committee,276 the General Assembly, taking note of the draft Convention on International Bills of Exchange and International Promissory Notes adopted by the Commission at its twentieth session, requested the Secretary-General to draw the attention of all States to the draft Convention, to ask them to submit the observations and proposals they might wish to make on the draft Convention and to circulate those observations and proposals to all member States, and decided to consider, at its forty-third session, the draft Convention, with a view to its adoption at that session.

8. LEGAL QUESTIONS DEALT WITH BY THE SIXTH COMMIT- TEE OF THE GENERAL ASSEMBLY AND BY AD HOC LEGAL BODIES

(a) Declaration on the Enhancement of the Effectiveness of the Principle of Refraining from the Threat or Use of Force in International Relations

By its resolution 42/22 of 18 November 1987,277 adopted on the recommendation of the Sixth Committee,27" the General Assembly, considering that the Special Committee on Enhancing the Effectiveness of the Principle of Non-Use of Force in International Relations had completed a draft Declaration on the Enhancement of the Effectiveness of the Principle of Refraining from the Threat or Use of Force in International Relations and had decided to submit it to the General Assembly for consideration and adoption, and convinced also that the adoption of the Declaration should contribute to the improvement of international relations, approved the Declaration, the text of which was annexed to the resolution.

ANNEX Declaration on the Enhancement of the Effectiveness of the Principle of Refraining from the Threat or Use of Force in International Relations

The General Assembly, Recalling the principle that States shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations, Recalling that this principle is enshrined in Article 2, paragraph 4, of the Charter of the United Nations and has been reaffirmed in a number of international instruments, Reaffirming the Declaration of Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations,27' the Definition of Aggression28" and the Manila Declaration on the Peaceful Settlement of International Disputes,21" Reaffirming the obligation to maintain international peace and security in conformity with the purposes of the United Nations, Expressing deep concern at the continued existence of situations of conflict and tension and the impact of the persistence of violations of the principle of refraining from the threat or use of force on the maintenance of international peace and security, as well as at

82 the loss of humans life and material damage in the countries affected, the development of which may thereby be set back, Desiring to remove the risk of new armed conflicts between States by promoting a change in the international climate from confrontation to peaceful relations and co-operation and by taking other appropriate measures to strengthen international peace and security, Convinced that, in the present world situation, in which nuclear weapons exist, there is no reasonable alternative to peaceful relations among States, Fully aware that the question of general and complete disarmament is of the utmost importance and that peace, security, fundamental freedoms and economic and social development are indivisible, Noting with concern the pernicious impact of terrorism on international relations, Stressing the need for all States to desist from any forcible action aimed at depriving peoples of their right to self-determination, freedom and independence, Reaffirming the obligation of States to settle their international disputes by peaceful means. Conscious of the importance of strengthening the United Nations system of collective security, Bearing in mind the universal significance of human rights and fundamental freedoms as essential factors for international peace and security, Convinced that States have a common interest in promoting a stable and equitable world economic environment as an essential basis for world peace and that, to that end, they should strengthen international co-operation for development and work towards a new international economic order, Reaffirming the commitment of States to the basic principle of the sovereign equality of States, Reaffirming the inalienable right of every State to choose its political, economic, and social and cultural systems without interference in any form by another State, Recalling that States are under an obligation not to intervene directly or indirectly, for any reason whatever, in the internal or external affairs of any other State, Reaffirming the duty of States to refrain in their international relations from military, political, economic or any other form of coercion aimed against the political independence or territorial integrity of any State, Reaffirming the principle of equal rights and self-determination of peoples enshrined in the Charter, Reaffirming that States shall fulfil in good faith all their obligations under international law, Aware of the urgent need to enhance the effectivenes of the principle that States shall refrain from the threat or use of force in order to contribute to the establishment of lasting peace and security for all States,

1. Solemnly declares that:

1. Every State has the duty to refrain in its international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations. Such a threat or use of force constitutes a violation of international law and of the Charter of the United Nations and entails international responsibility. 2. The principle of refraining from the threat or use of force in international relations is universal in character and is binding, regardless of each State's political, economic, social or cultural system or relations of alliance.

83 3. No consideration of whatever nature may be invoked to warrant resorting to the threat or use of force in violation of the Charter. 4. States have the duty not to urge, encourage or assist other States to resort to the threat or use of force in violation of the Charter. 5. By virtue of the principle of equal rights and self-determination enshrined in the Charter, all peoples have the right freely to determine, without external interference, their political status and to pursue their economic, social and cultural development, and every State has the duty to respect this right in accordance with the provisions of the Charter. 6. States shall fulfil their obligations under international law to refrain from organizing, instigating, or assisting or participating in paramilitary, terrorist or subver- sive acts, including acts of mercenaries, in other States, or acquiescing in organized activities within their territory directed towards the commission of such acts. 7. States have the duty to abstain from armed intervention and all other forms of interference of attempted threats against the personality of the State or against its political, economic and cultural elements. 8. No State may use of encourage the use of economic, political or any other type of measures to coerce another State in order to obtain from it the subordination of the exercise of its sovereign rights and to secure from it advantages of any kind. 9. In accordance with the puposes and principles of the United Nations, States have the duty to refrain from propaganda for wars of aggression. 10. Neither acquisition of territory resulting from the threat or use of force nor any occupation of territory resulting from the threat or use of force in contravention of international law will be recognized as legal acquisition or occupation. 11. A treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the Charter. 12. In conformity with the Charter and in accordance with the révélant paragraphs of the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, States shall fulfil in good faith all their international obligations. 13. States have the inherent right of individual or collective self-defence if an armed attack occurs, as set forth in the Charter.

14. States shall make every effort to build their international relations on the basis of mutual understanding, trust, respect and co-operation in all areas. 15. States should also promote bilateral and regional co-operation as one of the important means to enhance the effectiveness of the principle of refraining from the threat or use of force in international relations. 16. States shall abide by their commitment to the principle of peaceful settlement of disputes, which is inseparable from the principle of refraining from the threat or use of force in their international relations. 17. States parties to international disputes shall settle their disputes exclusively by peaceful means in such a manner that international peace and security, and justice, are not endangered. For this purpose they shall utilize such means as negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice, including good offices. 18. States shall take effective measures which, by their scope and by their nature, constitute steps towards the ultimate achievement of general and complete disarmament under strict and effective international control.

84 19. States should take effective measures in order to prevent the danger of any armed conflicts, including those in which nuclear weapons could be used, to prevent an arms race in outer space and to halt and reverse it on Earth, to lower the level of military confrontation and to enhance global stability. 20. States should co-operate in order to undertake active efforts aimed at ensuring the relaxation of international tensions, the consolidation of the international legal order and the respect of the system of international security established by the Charter of the United Nations. 21. States should establish appropriate confidence-building measures aimed at preventing and reducing tensions and creating a better climate among them. 22. States reaffirm that the respect for effective exercise of all human rights and fundamental freedoms and protection thereof are essential factors for international peace and security, as well as for justice and the development of friendly relations and co-operation among all States. Consequently, they should promote and encourage respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion, inter alia, by strictly complying with their international obligations and considering, as appropriate, becoming parties to the principal international instruments in this field. 23. States shall co-operate at the bilateral, regional and international levels in order to: (a) Prevent and combat international terrorism; (b) Contribute actively to the elimination of the causes underlying international terrorism. 24. States shall endeavour to take concrete measures and promote favourable conditions in the international economic environment in order to achieve international peace, security and justice; they will take into account the interest of all in the narrow- ing of the differences in the levels of economic development, and in particular the interest of developing countries throughout the world.

Ill

25. The competent United Nations organs should make full use of the provisions of the Charter of the United Nations in the field of the maintenance of international peace and security with a view to enhancing the effectiveness of the principle of refraining from the threat or use of force in international relations. 26. States should co-operate fully with the organs of the United Nations in supporting their action relating to the maintenance of international peace and security and to the peaceful settlement of international disputes in acccordance with the Charter. In particular, they should enhance the role of the Security Council so that it can fully and effectively discharge its duties. In this regard, the permanent members of the Council have a special responsibility under the Charter. 27. States should strive to enhance the effectiveness of the collective security system through the effective implementation of the provisions of the Charter, particularly those relating to the special responsibilities of the Security Council in this regard. They should also fully discharge their obligations to support United Nations peace- keeping operations decided upon in accordance with the Charter. States shall accept and carry out the decisions of the Council in accordance with the Charter. 28. States should give the Security Council every possible type of assistance in all actions taken by it for the just settlement of crisis situations and regional conflicts. They should strengthen the part the Council can play in preventing disputes and situation the continuation of which is likely to endenger the maintenance of international peace and security. They should faciliate the task of the Council in reviewing situation of potential danger for international peace and security at as early stage as possible.

85 29. The fact-finding capacity of the Security Council should be enhanced on an ad hoc basis in accordance with the Charter. 30. States should give full effect to the important role conferred by the Charter on the General Assembly in the area of peaceful settlement of dispute and the maintenance of international peace and security. 31. States should encourage the Secretary-General to exercise fully his functions with regard to the maintenance of international peace and security and the peaceful settlement of disputes, in accordance with the Charter, including those under Articles 98 and 99, and fully co-operate with him in this respect. 32. States should take into consideration that legal disputes should, as a general rule, be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court as an important factor for strengthening the maintenance of international peace and security. The General Assembly and the Security Council should consider making use of the provisions of the Charter concerning the possibility of requesting the Court to give an advisory opinion on any legal question. 33. States parties to regional arrangements or agencies should consider making greater use of such arrangements and agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate, pursuant to Article 52 of the Charter,

2. Declares that nothing in the present Declaration shall be construed as: (a) Enlarging or diminishing in any way the scope of the provisions of the Charter concerning cases in which the use of force is lawful; (b) Prejudicing in any manner the relevant provisions of the Charter or the rights and duties of Member States or the scope of the functions and powers of the United Nations organs under the Charter, in particular those relating to the threat or use of force;

3. Declares that nothing in the present Declaration could in any way prejudice the right to self-determination, freedom and independence, as derived from the Charter, of peoples forcibly deprived of that right and referred to in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, particularly peoples under colonial and racism regimes or other forms of alien domination; nor the right of these peoples to struggle to that end and to seek and receive support, in accordance with the principles of the Charter and in conformity with the above-mentioned Declaration; 4. Confirms that, in the event of a conflict between the obligations of Members of the United Nations under the Charter and their obligations under any other international agreement, their obligations under the Charter will prevail in accordance with Article 103 of the Charter.

(b) United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law

By its resolution 42/148 of 7 December 1987,2*2 adopted on the recommendation of the Sixth Committee,283 the General Assembly authorized the Secretary- General to carry out in 1988 and 1989 the activities specified in his report on the implementation of the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law;284 urged all Governments to encourage the inclusion of courses on international law in the programmes of legal studies offered at institutions of higher learning; and request-

86 ed the Secretary-General to continue to publicize the Programme and periodically to invite Member States, universities, philanthropic foundations and other interested national and international institutions and organizations, as well as individuals, to make voluntary contributions towards the financing of the Programme or otherwise to assist in its implementation and possible expansion. (c) Progressive development of the principles and norms of international law relating to the new international economic order

By its resolution 42/149 of 7 December 1987 ,M5 adopted on the recommendation of the Sixth Committee,^86 the General Assembly, considering the close link between the establishment of a just and equitable international economic order and the existence of an appropriate legal framework, and recognizing the need for the codification and progressive development of the principles and norms of international law relating to the new international economic order, recommended that the task of completing the elaboration of the process of codification and progressive development of the principles and norms of international law relating to the new international economic order should be undertaken in an appropriate forum within the framework of the Sixth Committee of the General Assembly, and decided to include the item in the provisional agenda of its forty-third session. (d) Peaceful settlement of disputes between States

By its resolution 42/150 of 7 December 1987 ™ adopted on the recommendation of the Sixth Committee,288 the General Assembly again urged all States to observe and promote in good faith the provisions of the Manila Declaration on the Peaceful Settlement of International Disputes289 in the settlement of their international disputes; stressed the need to continue efforts to strengthen the process of the peaceful settlement of disputes through progressive development and codification of international law and through enhancing the effectiveness of the United Nations in this field; and called upon Member States to make full use, in accordance with the Charter of the United Nations, of the framework provided by the United Nations for the peaceful settlement of disputes and international problems. (e) Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives

By its resolution 42/154 of 7 December 1987,290 adopted on the recommendation of the Sixth Committee,291 the General Assembly urged States to observe and to implement the principles and rules of international law governing diplomatic and consular relations and, in particular, to take all necessary measures in conformity with their international obligations to ensure effectively the protection, security and safety of all diplomatic and consular missions and representatives officially present in territory under their jurisdiction, including practicable measures to prohibit in their territories illegal activities of persons, groups and organizations mat encouraged, instigated, organized or engaged in the perpetration of acts against the security and safety of such missions and representatives; called upon States to take all necessary measures at the national and international levels to prevent any acts of violence against diplomatic and consular missions and rep-

87 resentatives, as well as against missions and representatives to international intergovernmental organizations and officials of such organizations, and, in accordance with national law and international treaties, to prosecute or extradite those who perpetrated such acts: further called upon States that had not yet done so to consider becoming parties to the instruments relevant to the protection, security and safety of diplomatic and consular missions and representatives; and requested: (a) all States to report to the Secretary-General as promptly as possible serious violations of the protection, security and safety of diplomatic and consular missions and representatives, as well as missions and representatives with diplomatic status to international intergovernmental organizations, and (b) the State in which the violation had taken place — and, to the extent possible, the State where the alleged offender had been present — to report to the Secretary-General as promptly as possible on measures taken to bring the offender to justice and eventually to communicate, in accordance with its laws, the final outcome of the proceedings against the offender, and to report on measures adopted with a view to preventing a repetition of such violations.

(/) Drafting of an international convention against the recruitment, use, financing and training of mercenaries

By its resolution 42/155 of 7 December 1987,292 on the recommendation of the Sixth Committee,293 recognizing that the activities of mercenaries were contrary to fundamental principles of international law, such as non-interference in the internal affairs of States, territorial integrity and independence, and seriously impeded the process of self-determination of peoples struggling against colonialism, racism and apartheid and all forms of foreign domination, taking account of the progress achieved by the Ad Hoc Committee on the Drafting of an International Convention against the Recruitment, Use, Financing and Training of Mercenaries at its sixth session, took note of the report of the Ad Hoc Committee,294 and requested the Committee, in the fulfilment of its mandate, to use the draft articles contained in chapter in of its report entitled "Second revised consolidated negotiating basis of a convention against the recruitment, use, financing and training of mercenaries" as a basis for future negotiation on the text of the proposed international convention.

(g) Question concerning the Charter of the United Nations and the strengthening of the role of the Organization

In accordance with General Assembly resolution 41/83 of 3 December 1986, the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization met at United Nations Headquarters from 9 to 27 February 1987.295 With respect to the topic of the peaceful settlement of disputes between States, the Special Committee took note of the progress report of the Secretary-General on the elaboration of the draft handbook on the peaceful settlement of disputes between States,296 expressing the hope that the work would proceed on a priority basis and that more progress would be reported at the next session of the Committee. Moreover, the Committee considered the proposal contained in the working paper on the resort to a commission of good offices, mediation or conciliation within the United Nations, submitted by

88 Romania297 and, based on a number of suggestions, observations and drafting points made by the members of the Working Group, the delegation of Romania introduced a revised version of the proposal.298 With regard to the topic of the rationalization of existing procedures of the United Nations, the Special Committee had before it a revised working paper submitted at the previous session by France and the United Kingdom of Great Britain and Northern Ireland299 on which it based its discussions on the topic, focusing its attention primarily on paragraphs 6 to 11. A second revised version was subsequently introduced on behalf of the co-sponsors.300 Concerning the topic of the maintenance of international peace and security, the Special Committee held discussions on the topic within the framework of two working papers before the Committee: one submitted by Belgium, the Federal Republic of Germany, Italy, Japan, New Zealand and Spain301 and the other submitted by Czechoslovakia, the German Democratic Republic and Poland.302 At its forty-second session, the General Assembly, by its resolution 42/157 of 7 December 1987,303 adopted on the recommendation of the Sixth Committee,304 requested the Special Committee at its 1988 session: (a) to accord priority to the question of the maintenance of international peace and security in all its aspects in order to strengthen the role of the United Nations, in particular the Security Council, and, in this context: (i) to complete an appropriate draft document on the prevention and removal of threats to peace and of situations that might lead to international friction or give rise to a dispute, on the basis of the provisionally adopted paragraphs as well as other proposals set forth in paragraphs 37, 46 and 102 of the report of the Special Committee on its work at the 1987 session;305 (ii) to submit the draft document to the General Assembly at its forty-third session; (b) to continue its work on the question of the peaceful settlement of disputes between States, and, in that context: (i) to continue consideration of the working paper on the resort to a commission of good offices, mediation or conciliation within the United Nations, with a view to completing it and submitting conclusions thereon to the General Assembly at the earliest possible date; (ii) to examine the report of the Secretary-General on the elaboration of a draft handbook on the peaceful settlement of disputes between States. The Assembly also requested the Special Committee to keep the question of the rationalization of the procedures of the United Nations under active review, and requested the Secretary-General to continue, on a priority basis, the preparation of a draft handbook on the peaceful settlement of disputes between States, on the basis of the outline elaborated by the Special Committee and in the light of the views expressed in the course of the discussions in the Sixth Committee and in the Special Committee, and to report to the Special Committee at its session in 1988 on the progress of work, before submitting to it the draft handbook in its final form, with a view to its approval at a later stage.

(h) Development and strengthening of good-neighbourliness between States

By its resolution 42/158 of 7 December 1987,306 adopted on the recommendation of the Sixth Committee,307 the General Assembly reaffirmed that good- neighbourliness fully conformed with the purposes of the United Nations and should be founded upon the strict observance of the principles of the United

89 Nations as embodied in the Charter and in the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations,308 and so presupposed the rejection of any acts seeking to establish zones of influence or domination, and called once again upon States, in the interest of the maintenance of international peace and security, to develop good-neighbourly relations, acting on the basis of those principles.

(i) Measures to prevent international terrorism which endangers or takes innocent human lives or jeopardizes fundamental freedoms and study of the underlying causes of those forms of terrorism and acts of violence which lie in misery, frustration, grievance and despair and which cause some people to sacrifice human lives, including their own, in an attempt to effect radical changes

By its resolution 42/159 of 7 December 1987,309 adopted on the recommendation of the Sixth Committee,310 the General Assembly, taking note of the report of the Secretary-General,311 once again unequivocally condemned, as criminal, all acts, methods and practices of terrorism wherever and by whomever committed, including those which jeopardized friendly relations among States and their security; called upon all States to fulfil their obligations under international law to refrain from organizing, instigating, assisting or participating in terrorist acts in other States, or acquiescing in activities within their territory directed towards the commission of such acts; urged all States to fulfil their obligations under international law and to take effective and resolute measures for the speedy and final elimination of international terrorism; appealed to all States that had not yet done so to consider becoming party to the international conventions relating to various aspects of international terrorism referred to in the preamble to the resolution; urged all States, unilaterally and in cooperation with other States, as well as relevant United Nations organs, to contribute to the progressive elimination of the causes underlying international terrorism and to pay special attention to all situations, including colonialism, racism and situations involving mass and flagrant violations of human rights and fundamental freedoms and those involving alien domination and occupation, that might give rise to international terrorism and might endanger international peace and security; and requested the Secretary- General to seek the views of Member States on international terrorism in all its aspects and on ways and means of combating it, including, inter alia, the convening, under the auspices of the United Nations, of an international conference to deal with international terrorism.

(/) Report of the Committee on Relations with the Host Country312

In accordance with its resolution 41/82 of 3 December 1986, the General Assembly decided that the Committee on Relations with the Host Country should continue its work, in conformity with Assembly resolution 2819 (XXVI) of 15 December 1971. In its report to the General Assembly at its forty-second session, the Committee included a set of recommendations whereby it urged the host country to take all necessary measures in order to apprehend, bring to justice and punish

90 all those responsible for committing or conspiring to commit criminal acts against missions accredited to the United Nations as provided for in the 1972 Federal Act for the Protection of Foreign Officials and Official Guests of the United States, and to that end reminded representatives of Member States, observers and United Nations Secretariat employees of the necessity of reporting to the United States Mission to the United Nations, in a timely manner, such criminal acts directed at them for the host country to be able to respond; continued to consider the issues raised by certain States Members of the United Nations in response to the request and action by the host country to reduce the size of their missions, and in that connection renewed its requests to the parties concerned, in accordance with the suggestion contained in the statement by the Legal Counsel (A/AC. 154/264), to follow such consultations with a view to reaching solutions to the matter in accordance with the Headquarters Agreement;313 called upon the host country to avoid actions not consistent with meeting effectively obligations undertaken by it in accordance with international law in relation to the privileges and immunities of Member States, including those relevant to their participation in the work of the United Nations; and, with a view to facilitating the course of justice, called upon the missions of Member States to cooperate as fully as possible with the federal and local United States authorities in cases affecting the security of those missions and their personnel. Moreover, the Committee stressed the importance of a positive perception of the work of the United Nations and in that connection expressed concern about a negative public presentation of the Organization and therefore urged that efforts should be continued to build up public awareness, through all available means, of the importance played by the United Nations and the missions accredited to it for the strengthening of international peace and security. The General Assembly, by its resolution 42/210 A of 17 December 1987,314 adopted on the recommendation of the Sixth Committee,315 endorsed the recommendations of the Committee on Relations with the Host Country contained in its report; strongly condemned any criminal acts violating the security of missions accredited to the United Nations and the safety of their personnel; and requested the Secretary-General to remain actively engaged in all aspects of the relations of the United Nations with the host country and to continue to stress the importance of effective measures to avoid acts of terrorism, violence and harassment against the missions and their personnel, as well as the need for any pertinent legislation adopted by the host country to be in accord with the Headquarters Agreement and its other relevant obligations. Furthermore, the General Assembly, by its resolution 42/210 B of the same date,316 adopted on the recommendation of the Sixth Committee,317 reiterated that the Permanent Observer Mission of the Palestine Liberation Organization to the United Nations in New York was covered by the provisions of the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations and should be enabled to establish and maintain premises and adequate functional facilities, and that the personnel of the Mission should be enabled to enter and remain in the United States to carry out their official functions, and requested the host country to abide by its treaty obligations under the Agreement and in that connection to refrain from taking any action that would prevent the discharge of the official functions of the Permanent Observer Mission of the Palestine Liberation Organization to the United Nations.

91 (k) Draft Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment318

The General Assembly, by its decision 42/426 of 7 December 1987,319 adopted on the recommendation of the Sixth Committee,320 took note with appreciation of the report of the Working Group on the Draft Body of Principles and of the progress achieved by the Working Group during the forty-second session of the Assembly, and decided that a working group of the Sixth Committee would be established at the beginning of the forty-third session in order to complete the elaboration of the draft Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment during that session.

9. RESPECT FOR THE PRIVILEGES AND IMMUNITIES OF OFFICIALS OF THE UNITED NATIONS AND THE SPECIALIZED AGENCIES AND RELATED ORGANIZATIONS

By its resolution 42/219 of 21 December 1987,321 adopted on the recommendation of the Fifth Committee,322 the General Assembly, recalling the provisions of Articles 100 and 105 of the Charter of the United Nations, took note with concern of the report submitted by the Secretary-General,323 on behalf of the Administrative Committee on Coordination; called upon all Member States scrupulously to respect the privileges and immunities of all officials of the United Nations, the specialized agencies and related organizations and to refrain from any acts that would impede such officials in the performance of their functions, thereby seriously affecting the proper functioning of the Organization; also called upon all Member States currently holding under arrest or detention officials of the United Nations, the specialized agencies and related organizations, as spelt out in the Secretary-General's report, to enable the Secretary-General or the executive head of the organization concerned to exercise fully the right of functional protection inherent in the relevant multilateral conventions and bilateral agreements, particularly with respect to immediate access to detained staff members; further called upon all Member States otherwise impeding officials of the United Nations, specialized agencies and related organizations in the proper discharge of their duties to review the cases and to coordinate efforts with the Secretary- General or the executive head of the organization concerned to resolve each case with all due speed; called upon the staff of the United Nations and the specialized agencies and related organizations to comply with the obligations resulting from the Staff Regulations and Rules of the United Nations, in particular regulation 1.8, and from the equivalent provisions governing the staff of the other agencies; called upon the Secretary-General to use all such means as were available to him to bring about an expeditious solution of the cases still pending, which had been referred to in the report; and also called upon the Secretary-General, as chief administrative officer of the United Nations, to continue personally to act as the focal point in promoting and ensuring the observance of the privileges and immunities of officials of the United Nations and the specialized agencies and related organizations by using all such means as were available to him.

92 10. UNITED NATIONS INSTITUTE FOR TRAINING AND RESEARCH

At its forty-second session, the General Assembly, by its resolution 42/197 of 11 December 1987,324 adopted on the recommendation of the Second Committee,325 took note of the report of the Secretary-General;326 reaffirmed the continuing validity and relevance of the mandate of the United Nations Institute for Training and Research; requested the Secretary-General to restructure the Institute, with training as the main focus of its activities, and the core training programme financed from the General Fund and concentrating on training for international cooperation and multilateral diplomacy at various levels, primarily of persons from developing countries.

B. GENERAL REVIEW OF THE LEGAL AcnvrnES OF INTERGOVERNMENTAL ORGANIZATIONS RELATED TO THE UNITED NATIONS

1. INTERNATIONAL LABOUR ORGANIZATION327

The International Labour Conference (ELC), which held its 73rd session at Geneva in June 1987, adopted certain amendments to its Standing Orders:328 (a) A new article (article 11 ter) (procedure for the consideration of items placed on the agenda for general discussion); (b) Amendments to article 38 (preparatory stages of single-discussion procedure); (c) Amendments to article 39 (preparatory stages of double-discussion procedure); (d) Amendment to article 40 (procedure for the consideration of texts), with consequential amendment to article 65; (e) Amendment to article 1, paragraph 3 (composition of regional conferences), of the rules concerning the powers, functions and procedure of regional conferences convened by the International Labour Organization. The International Labour Conference, which held its 74th (Maritime) session at Geneva in September-October 1987, adopted a Convention and a Recommen- dation concerning Seafarers Welfare at Sea and in Port;329 a Convention concerning Health Protection and Medical Care for Seafarers;330 a Convention concerning Social Security Protection for Seafarers;331 and a Convention and Recommen- dation concerning the Repatriation of Seafarers.332 The Committee of Experts on the Application of Conventions and Recom- mendations met at Geneva from 12 to 25 March 1987 and presented its report.333 The Commission of Inquiry appointed under article 26 of the Constitution of the International Labour Organization to examine the complaint concerning the observance by the Government of the Federal Republic of Germany of the

93 Discrimination (Employment and Occupation) Convention, 1958 (No. Ill), met at Geneva in November. 1985, April 1986 and November 1986 and adopted its report.334 The Governing Body Committee on Freedom of Association met at Geneva and adopted reports Nos. 246 and 247335 (234th session of the Governing Body, November 1986); reports Nos. 248, 249 and 250336 (235th session of the Governing Body, March 1987); and reports Nos. 251 and 252337 (236th session of the Governing Body, May 1987).

2. FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS

(a) Constitutional and general legal matters

(i) FAO's immunity from legal process in Italy

At its twenty-fourth session, held from 7 to 27 November 1987, the Conference recalled that the question of FAO's immunity from legal process in Italy had been under discussion by the Conference and the Council since 1982, on account of a judgement rendered by the Corte di Cassazione"8 containing an interpretation, considered restrictive, of section 16 of the Headquarters Agreement, which provided that the Organization enjoyed "immunity from every form of legal process" unless it waived such immunity. The Conference further recalled that, since no satisfactory solution had been found whereby FAO's immunity from legal process could be safeguarded in the future, the Conference, at its twenty-third session, in November 1985, had considered the question whether an advisory opinion should be sought from the International Court of Justice on the interpretation of section 16 of the Headquarters Agreement. At that session, the Conference had agreed "that it would not be desirable at this stage to submit the questions forwarded to it by the Council to the International Court of Justice and that it would be preferable to reconsider the matter, as necessary in the light of a report by the Director-General on developments, at its next session". In the meantime, the Conference had invited "the Director-General and the Italian authorities to explore all possible means of arriving rapidly at a definitive solution which would ensure that FAO would enjoy immunity from all forms of legal process in Italy". The Conference was informed of the latest developments that had occurred since its last session. Pursuant to the wish it had expressed, representatives of the host Government and the Director-General had met on a number of occasions in 1986 with a view to identifying a mutually satisfactory solution to the problems that had arisen as a result of the Corte di Cassazione's judgement. In the course of those discussions, the representatives of the host Government had pointed out that the promulgation of new legislation would give rise to considerable procedural and other difficulties and that, on account of the independence of the judiciary, new legislation would not provide a guarantee that FAO's immunity would invariably be upheld, since it too would be subject to interpretation by the Italian

94 courts. Therefore, an alternative solution recommended by the host Government had been explored. That solution was based on the fact that Italy had become a party to the Convention on the Privileges and Immunities of the Specialized Agencies339 on 30 August 1985, following its withdrawal of reservations made in 1952, in one of which it had sought to limit the immunity from legal process of the specialized agencies to that accorded to foreign States, and had, therefore, not been accepted by the specialized agencies. The above-mentioned solution was based on sections 4 and 31 (a) of the Convention on Privileges and Immunities of the Specialized Agencies. Section 4 provides, in the same terms as section 16 of the Headquarters Agreement, that the specialized agencies "shall enjoy immunity from every form of legal process" except insofar as they have waived their immunity. Section 31 (a) provides as follows: "Each specialized agency shall make provision for appropriate modes of settlement of: "(a) Disputes arising out of contracts or other disputes of private character to which the specialized agency is a party". Thus, the obligation contained in section 31 (a) was the natural corollary to the immunity from legal process contained in section 4; if an organization did not waive its immunity it was bound to ensure that such immunity did not lead to a denial of justice. And, since such a provision did not exist in the Headquarters Agreement, the applicability of the Convention on Privileges and Immunities of the Specialized Agencies to FAO laid down an express treaty obligation for the Organization instead of an obligation which had previously been recognized merely on the basis of FAO's consistent practice. In the light of the new situation that had arisen as a consequence of Italy's having become a party to the Convention on Privileges and Immunities of the Specialized Agencies, the host Government and the Director-General had entered into official correspondence setting forth in detail the way in which the Organization would implement section 31 (a) of the Convention. That correspondence had been submitted by the Director-General to the Committee on Constitutional and Legal Matters (CCLM) which, at its forty-ninth session, in April 1987, recognized that the correspondence in question did not carry the weight of new legislation which had received formal parliamentary approval. Nevertheless, CCLM had felt that since the correspondence would be published in the Gazzetta Uffidale it would undoubtedly have considerable persuasive value if invoked before an Italian court, since it contained a detailed description of the ways in which FAO would ensure that any potential claimant would receive a fair hearing. CCLM had also concluded that, although new legislation would have placed FAO's immunity on a firmer legal basis, the correspondence constituted an appropriate and practical solution. It hoped, however, that the host Government would not discard the possibility of ultimately taking legislative measures that would give further legal protection to FAO. At its ninety-first session, the Council concurred with CCLM's conclusions and endorsed the view of the host Government and the Director-General that the correspondence represented a practical approach to the solution of the problem of securing the Organization's immunity from legal process in Italy.

95 The Conference, having considered the developments that had taken place since its last session, agreed with the views expressed by the CCLM and the Council. The Conference, therefore, concluded that there was no need to request an advisory opinion from the International Court of Justice and expressed the hope that in practice the solution devised by the host Government and the Director-General would effectively safeguard the Organization's immunity from legal process in the future. In this connection, the Conference noted with satisfaction the statement made by the representative of Italy to the effect that the host Government would not discard the possibility of promoting at the appropriate time legislative measures that would give further legal protection to FAO and expressed its appreciation for the contribution that he had made towards reaching a solution to the problem. The Conference also noted that CCLM and the Council had felt that the efficacy of the above solution could only be tested if another action were brought against the Organization in the Italian courts and that the solution would be more likely to be effective if FAO were to put in an appearance in court with the sole purpose of pleading its immunity. Bearing in mind the above, the correspondence with the host Government and the latter's having become a party to the Convention on Privileges and Immunities of the Specialized Agencies, the Council had concluded that there were grounds for the Organization to take a more flexible position than the one that it had confirmed at its eighty-seventh session in June 1985, whereby the Director-General should avoid any participation in proceedings before the Italian courts that was inconsistent with the Organization's immunity from jurisdiction. The Conference agreed with the Council's conclusions and decided that, henceforth, if the Director-General deemed it appropriate in the circumstances, he should be free to arrange for the Organization to plead its immunity in court, possibly through the Avvocatura Générale dello Stato, whose services had been offered by the host Government. In conclusion, the Conference expressed its satisfaction at the continued cooperation between the host Government and FAO reflected in the decisions related to the questions of immunity.

(b) Activities of legal interest relating to commodities

(i) Hardfibres

The FAO Intergovernmental Group on Hard Fibres did not meet in 1987. The second session of the Sub-group of Sisal and Henequen Producing Countries convened in September 1987 and recommended that the indicative prices for African and Brazilian fibre and for sisal harvest twice be maintained at the same level as in 1986. It also examined supportive measures to improve the organization of the market with a view to raising market prices to the indicative levels. Accordingly, it made a number of recommendations for consideration by the Intergovernmental Group on Hard Fibres covering, inter alia, a monitoring mechanism on short-term developments in the market of sisal and its competing products and the convening of special consultations of trade and industry experts from producing countries in periods of serious market disruptions. These would advise Governments of producing countries on appropriate measures to restore balance in the sisal market by coordinating national production and trade policies.

96 (ii) Jute, kenafand allied fibres a. Informal price arrangements for jute and kenaf At its twenty-third session, in December 1987, the FAO Intergovernmental Group on Jute, Kenaf and Allied Fibres reviewed the current situation and long- term prospects for jute and kenaf and agreed to revise upwards the indicative prices for jute and kenaf for the 1987/88 season under the informal price arrangements it maintains for these fibres. b. Support to activities of the International Jute Organization In 1987, FAO provided support to the activities of the International Jute Organization through: (i) Technical assistance in developing and implementing its projects on jute agriculture and primary processing; (ii) Supply of statistical and economic information on jute and its competing synthetic materials; (iii) Regular participation in the work of biannual sessions of its Council and Committee on projects.

In line with FAO's mandate under article VII of the International Plant Protection Convention of 1951,339 a centralized information system is being established, including the following components: (i) A plant quarantine database containing pests of quarantine concern, their hosts; common and scientific names in three languages, and their geographical distribution; (ii) Summaries of phytosanitary regulations for more than 80 member countries have been prepared and submitted to the concerned member countries for verification and publishing as the FAO Digest of Phytosanitary Regulations; (iii) Pest data sheets for pests of quarantine significance will be prepared under the contract with the Commonwealth Agricultural Bureau International (CABI), or any other organization. Initial contacts have been made with CABI; (iv) The International Plant Quarantine Data Base, comprising the quarantine commodity treatments, is being revised in order to adapt it for computerized use. In addition, protocols for the safe and efficient exchange of germ plasm are to be developed, with the first two meetings of experts taking place during 1988. The resulting procedures will form part of an FAO integrated quarantine procedures manual for distribution to member countries; (v) The FAO Plant Protection Bulletin has continued to publish reports on the existence, outbreak and spread of economically important pests when these constitute an immediate danger.

(d) Activities of the Joint FAO/WHO Codex Alimentarius Commission in relation to food law

The current membership of the Joint FAO/WHO Codex Alimentarius Commission is 133 countries.

97 The seventeenth session of the Codex Alimentarius Commission, which met in Rome from 29 June to 10 July 1987, agreed to establish the Codex Committee on Tropical Fresh Fruits and Vegetables, which met for the first time at Mexico City from 6 to 10 June 1988. The decision was based on the report and recommendations of an Ad Hoc Intergovernmental Consultation to Examine the Need for International Standards for Tropical Fresh Fruits and Vegetables, which was held at Mexico City in February 1987. The Committee will be responsible for elaborating worldwide standards and a codex of practice for fresh fruits and vegetables grown exclusively in tropical zones, while collaborating with the Economic Commission for Europe (ECE), the Organization for Economic Cooperation and Development (OECD) and other international organizations promulgating similar standards to avoid duplication of effort. The Commission also agreed to amend the name of the Codex Committee on Food Additives to the Codex Committee on Food Additives and Contaminants in order to reflect more accurately the Committee's responsibilities and terms of reference. That decision was made to avoid the unnecessary establishment of a new committee to deal exclusively with contaminants. And finally, the Commission agreed to amend the name of the Codex Committee on Foods for Special Dietary Uses to the Codex Committee for Nutrition and Special Dietary Uses in order to take into account the Committee's extended terms of reference as approved by the fifteenth session of the Commission.

(e) Legislative matters

(i) Activities connected with international meetings

FAO participated in and provided contributions to the following international meetings: — Workshop on Forestry, Wildlife and National Parks Policy and Legislation in the Eastern Caribbean, Castries, Saint Lucia, 4-9 July 1987; — Second World Congress on Food Technology, organized by the Spanish Union of Science and Technology, Barcelona, 2-6 March 1987; — Second session of the Commission on Plant Resources, organized by FAO, Rome; — Workshop of National Coordinators of the Pan African Rinderpest Campaign, Nairobi, 26-30 November 1987,

(ii) Legislative assistance and advice in the field

During 1987 legislative assistance and advice were given to various countries on the following topics: a. Agrarian law: Indonesia — soil conservation, Rwanda — utilization of marshlands, Comoros — agrarian reform, Meat and Livestock Economic Com- munity — legal aspects of transhumance and the insertion of livestock in the agro-pastoral zones; and juridical and institutional aspects of agro-silvo-pastoral development in the Nouhao valley;

98 b. Water legislation: Argentina, Indonesia — assistance in regulations on swamps with elucidation, Fiji, Morocco, Mozambique, Rwanda and Vanuatu; c. Livestock legislation: Laos and Economic Community of the Great Lakes Countries; d. Plant protection legislation: Argentina, Economic Community of the Great Lakes Countries, Djibouti, Morocco and Yemen; e. Plant production and seed legislation: Pakistan and Yemen; /. Food and food control legislation: India, Iraq and Madagascar; g. Fisheries legislation: Bahamas, Barbados, Haiti, Malaysia, Mauritania, Mozambique, Organization of Eastern Caribbean States, Solomon Islands and Western Samoa; h. Forestry legislation: Antigua and Barbuda, Bahamas, Côte d'Ivoire, Dominica, Grenada, Guinea, Indonesia, Malaysia, Montserrat, Nepal, Philippines, Saint Lucia, Saint Vincent and the Grenadines and Togo; i. Environment and wildlife legislation: Zaire.

(iii) Legal assistance and advice not involving field missions

Advice or documentation was furnished to Governments, agencies or educational centres, at their request, on a range of topics, including: — Food law and food standards: Argentina, Brazil, Canada, Colombia, Congo, Ecuador, Egypt, France, Madagascar, Mexico, Somalia and United Kingdom; — Livestock legislation: Turkey and Uruguay; — Plant protection and pesticide legislation: Angola, Canada, China, France, Hungary, Ireland, Malaysia, Somalia, Tanzania and Venezuela; — Water: Jamaica, Lao People's Democratic Republic and Morocco.

(iv) Legislative research and publications

Research was conducted, inter alia, on: — Agrarian reform in certain countries of francophone Africa, Rome; — Compendium of legislation of the countries members of the Subregional Fisheries Commission, Rome; — Compendium of fisheries legislation on Lake Tanganyika; — Legal aspects of the management of estuarine zones; — Pesticide labelling and advertisement; — Agrarian reform in certain countries of francophone Africa.

(v) Collection, translation and dissemination of legislative information

In 1987, FAO published the semi-annual Food and Agricultural Legislation. Annotated lists of relevant laws and regulations relating to food legislation were also published in the semi-annual Food and Nutrition Review.

99 3. UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION

(a) Constitutional and procedural questions

At its twenty-fourth session, the General Conference, with regard to the Constitution of the Organization,341 decided to add to paragraph 4 of article V a subparagraph (d) which reads as follows: "(d) In the event of the withdrawal from the Organization of a Member State a national of which is a member of the Executive Board, that member's term of office shall be terminated on the date the withdrawal becomes effective."342

The General Conference also decided to add to paragraphs 2 and 4 of article XV the following phrases (indicated in italics): "2. This Constitution shall remain open for signature in the archives of the Government of the United Kingdom. Signature may take place either before or after the deposit of the instrument of acceptance. No acceptance shall be valid unless preceded or followed by signature. However, a State that has withdrawn from the Organization shall simply deposit a new instrument of acceptance in order to resume membership.

"4. The Government of the United Kingdom will inform all Members of the United Nations and the Director-General of the receipt of all instruments of acceptance and of the date on which the Constitution comes into force in accordance with the preceding paragraph."143

(b) International regulations

Initial special reports by member States

At its twenty-fourth session, the General Conference, after considering the initial special reports submitted by member States on the action taken by them on the Revised Recommendation concerning the International Standardization of Statistics on the Production and Distribution of Books, Newspapers and Periodicals,344 adopted a general report345 embodying its comments on the action taken by member States and decided that the general report would be transmitted to member States, to the United Nations and to National Commissions, in accordance with article 19 of the rules of procedure concerning recommendations to member States and international conventions covered by the terms of article IV, paragraph 4, of the Constitution.

Examination of cases and questions concerning the exercise of human rights coming within UNESCO's fields of competence

The Committee on Conventions and Recommendations met in private session at UNESCO headquarters from 4 to 7 May and 14 to 16 September 1987, in

100 order to examine communications which had been transmitted to it in accordance with Executive Board decision 104 EX/3.3. At its spring session, the Committee examined 43 communciations, of which 36 were examined with a view towards their admissibility, and 7 were examined on their substance. Of the 36 communications examined as to admissibility, none was declared admissible, 5 were declared irreceivable and 19 were struck from the list since they were considered as having been settled. The examination of 19 communications was suspended. The Committee presented its report to the Executive Board at its 126th session. At its fall session, the Committee had before it 34 communications, of which 27 were examined as to their admissibility and 7 were examined on their substance. Of the 27 communications examined as to their admissibility, 1 was declared admissible, 5 were declared irreceivable and 4 were struck from the list since they were considered as having been settled or did not, upon examination of the merits, appear to warrant further action. The examination of 24 communications was suspended. The Committee presented its report on its examination of these communications to the Executive Board at its 127th session.

(d) Copyright and neighbouring rights

(i) Universal Copyright Convention

The Intergovernmental Committee of the Universal Copyright Convention14* held its seventh ordinary session (sitting together with the Executive Committee of the Berne Union) at Geneva from 22 to 30 June 1987. The items on the agenda of the Committee alone included: (a) application of the Universal Copyright Convention; (b) legal and technical assistance to States to develop national legislation and infrastructures in the field of copyright; (c) study of the changes to be made to the rules of procedure of the Committee regarding distribution of seats in accordance with article XI of the Convention; (d) General Regulation for the Safeguarding of Works of Folklore; (e) General Regulation concerning the Safeguarding of Works in the Public Domain; and (f) partial renewal of the Committee. Topics on the common agenda of the two committees included: (a) membership of: (i) the Rome Convention;147 (ii) the Phonogram Convention;348 and (iii) the Satellite Convention;349 and acceptance of the Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties;350 (b) progress report on the Committees of Governmental Experts on Different Categories of Works; (c) developments in law and practice connected with the Transmission by cable of television programmes; (d) examination of Draft Guiding Principles concerning the Operation of "Droit de Suite"; (e) development in law and practice connected with the protection of computer programmes; (f) examination of the report of the Committee of Governmental Experts on Model Provisions for Literary Works; and (g) examination of the report of the Committee of Governmental Experts on Model Provisions for National Law on Employed Authors.1""

(ii) Subcommittee of the Committee

The Subcommittee of the Intergovernmental Committee of the Universal Copyright Convention, established at the second extraordinary session of the

101 Committee (1983), met at its second session at Geneva from 17 to 19 June 1987 to study prospective amendments to the Committee's rules of procedure,352

(iii) International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention)353

The eleventh ordinary session of the Intergovernmental Committee of the Rome Convention was held at Geneva from 1 to 3 July 1987. Among the agenda items were, inter alia: (a) membership of the Rome Convention, the Phonogram Convention and the Satellite Convention; (b) assistance and training for developing countries with a view to promoting the protection of the beneficiaries of the Rome Convention; and (c) problems arising with regard to the Rome Convention through developments in law and practice concerning transmission by cable and by satellite.354

(iv) Safeguarding of folklore

Having considered the findings of the Special Committee of Technical and Legal Experts on the Safeguarding of Folklore (UNESCO headquarters, Paris, 1-5 June 1987), the General Conference of UNESCO, at its twenty-fourth session, voted for the desirability of adopting a general international instrument in the form of a recommendation to regulate the subject.3"

(v) Safeguarding of works in the public domain

Having examined the pertinent study and results of a consultation of special- ists on the safeguarding of works in the public domain (UNESCO headquarters, Paris, 27-30 April 1987), the General Conference of UNESCO decided, at its twenty-fourth session, that the question should be regulated at the international level by means of a recommendation to member States.356 In continuation of the activities, undertaken jointly by UNESCO and WIPO and commenced in 1986, to consider the various copyright issues arising in relation to different categories of works vis-à-vis new technologies, three committees of governmental experts met with a view to devising certain "principles" which, together with comments, could afford guidance to the national governmental authorities in dealing with those issues. The categories of works dealt with by the three committees in 1987 were: (a) dramatic, choreographic and musical works (Paris, 11-15 May 1987);1" (b) works of applied art (Geneva, 5-9 October 1987);158 and (c) the printed word (Geneva, 7-11 December 1987).159 It may be recalled that while the categories of works dealt with by the three committees in 1986 were (a) audiovisual works and phonograms, (b) works of architecture and (c) works of visual art, the only remaining category of work in the series, namely, photographic works, will be examined by the seventh Committee in April 1988. Finally, all the "principles" formulated by the above seven Committees will be synthesized and consolidated by the eighth Committee of Governmental Experts on the subject in June/July 1988.

102 4. INTERNATIONAL CIVIL AVIATION ORGANIZATION

(à) Légal meetings

A session of the Subcommittee of the Legal Committee was held at Montreal from 20 to 30 January 1987 to study the development of an instrument for the suppression of unlawful acts of violence at airports serving international civil aviation. The subject had been included by the Council in the general work programme of the Legal Committee as the subject of the highest priority pursuant to Assembly resolution A26-4. As a result of its deliberations, the Legal Subcommittee prepared a draft text and indicated that the subject was ripe for consideration and final decision by the twenty-sixth session of the Legal Committee, and on 23 February the Council noted the report of the Legal Subcommittee. The twenty-sixth session of the Legal Committee was held at Montreal from 28 April to 13 May 1987. In accordance with the directives issued by the Council, the main agenda item of the session was the subject "Development of an instrument for the suppression of unlawful acts of violence at airports serving international civil aviation". The Committee agreed not to address any other agenda items until the work on the main item had been completed; consequently, the Legal Committee did not address, inter alia, the item "Review of the general work programme of the Legal Committee". The Legal Committee studied the subject of the highest priority on the basis of the report of the Legal Subcommittee and as a result of its discussions and deliberations prepared the text of a draft instrument for the suppression of unlawful acts of violence at airports serving international civil aviation. The Legal Committee considered that the text was ready for presentation to States as a final draft under the terms of Assembly resolution A7-6 and presented it to the Council for consideration and action under the terms of that resolution. On 1 and 3 June, the Council noted the report of the Legal Committee and instructed the Secretary-General to circulate the draft prepared by the Legal Committee to States and international organizations for comments. The Council decided, on 3 June, to convene in Montreal from 9 to 24 February 1988 an International Conference on Air Law to consider, with a view to approving, the texts for inclusion in a draft instrument for the suppression of unlawful acts of violence at airports serving international civil aviation as prepared by the Legal Committee at its twenty-sixth session.

(b) Legal aspects of aviation security

On 23 March, the Council considered a progress report on the action taken in the legal and related fields regarding the implementation of Assembly resolution A26-7: Consolidated statement of continuing ICAO policies related to the safeguarding of international civil aviation against acts of unlawful interference. The Council noted the increase of parties to the Convention on Offences and Certain Other Acts Committed on Board Aircraft,360 signed at Tokyo on 14 September 1963; the Convention for the Suppression of Unlawful Seizure of Aircraft,361 signed at The Hague on 16 December 1970; and the Convention for the

103 Suppression of Unlawful Acts against the Safety of Civil Aviation,162 signed at Montreal on 23 September 1971. These three aviation security conventions continue to rank among the most widely accepted multilateral international conventions. The Council further noted the pertinent information on recent occurrences of unlawful interference received from States concerned pursuant to article 11 of the Hague Convention and article 13 of the Montreal Convention, as well as the information received on the domestic legislative implementation of those two Conventions. Furthermore, the Council noted the information presented by Contracting States on cooperation with other States in the suppression of acts of unlawful interference with civil aviation in the different regions of the world, including information on practical instances and modalities of inserting into their bilateral air services agreements a clause on aviation security along the lines of the "model clause" recommended by the Council in its resolution of 25 June 1986.

5. WORLD HEALTH ORGANIZATION

(a) Constitutional and legal developments

The amendment to article 74 of the Constitution,163 adopted in 1978 by the thirty-first World Health Assembly, to include an Arabic version among the authentic texts of the WHO Constitution, was accepted by three further members, bringing the total number of acceptances to 34. The amendments to articles 24 and 25 of the Constitution, adopted in 1986 by the thirty-ninth World Health Assembly, to increase the membership of the Executive Board from 31 to 32, were accepted by 23 further members, bringing the total number of acceptances to 30. On 30 April 1987, WHO signed the 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations. Following its entry into force, WHO could become a party to the Convention by making an "act of formal confirmation".

(b) Health legislation

WHO continued to publish the International Digest of Health Legislation, a quarterly journal that reports on significant national and international developments in all aspects of health (including environmental) legislation. A French edition, the Receuil international de législation sanitaire, is also published. The Digest is, as it were, the conerstone of a global clearing house of materials, comprising both primary and secondary sources on health legislation in more than 25 languages. No less than 250 books and other publications are covered annually in various sections of the Digest. The information is regularly transmitted to WHO member States in response to specific and general requests for information. WHO has been particularly active in compiling, monitoring, reporting on and analysing significant items of national and international legislation dealing

104 with the control of AIDS and HIV infection. The legislative response to this pan- demic has been quite unprecedented. Among other documents, WHO has produced and disseminated regular annotated listings of relevant legislative texts (at the time of writing, the current list is contained in document WHO/GPA/HLE/88.1). Records have been likewise systematically maintained of AIDS- and HIV-related restrictions on international travel and immigration. As and when requested, WHO cooperates with member States in the strengthening of national capacities in the field of health legislation, and consul- tant missions were carried out in a number of developing countries. An informal roster of consultants (regularly updated) is maintained at WHO headquarters in Geneva. WHO commissioned and published Guidelines for Assessing and Revising National Legislation on Treatment of Drug- and Alcohol-dependent persons.** A review paper entitled "The regulation of the advertising of alcoholic beverages: a survey of national legislation"365 was published in response to a perceived need for comparative information on this topic. As in previous years, WHO's Regional Office for Europe, in Copenhagen, operated a computerized system for the notification of significant new health legislation in the countries of the region.

6. WORLD BANK

(a) International Bank for Reconstruction and Development Amendment of the Articles of Agreement

On 30 June 1987, the Board of Governors of the International Bank for Reconstruction and Development (the Bank) adopted a resolution amending article VIII(a) of the Bank's Articles of Agreement,'66 which would increase the majority of the total voting power of members required to accept further amendments of the Articles from 80 to 85 per cent. Article VIII of the Bank's Articles of Agreement establishes a two-stage procedure for amending the Articles. A proposed amendment must first be approved by the Board of Governors (by a majority of the votes cast) and thereafter must be accepted by the members. With the exception of amendments of a few provisions of the Articles which must be accepted by all members, amendments must be accepted by three fifths of the members having four fifths (i.e., 80 per cent) of the total voting power. Upon the adoption of the resolution, the Secretary of the Bank sent a communication to the members asking them whether they accepted the amendment. Pursuant to the Articles and the resolution, the amendment will come into force for all members on a date three months after the date of the formal communication by which the Bank notifies the members that the amendment has been accepted by the majority of the members required by the Articles as currently in force.

105 (b) Multilateral Investment Guarantee Agency Conference of Interested Countries

The Convention Establishing the Multilateral Investment Guarantee Agency (MIGA) was opened for signature on 11 October 1985. The Convention provides that it will enter into force upon its ratification by at least 5 "Category One" (i.e., developed) countries and 15 "Category Two" (i.e., developing) countries, sub- scribing not less than one third of the Agency's initial authorized capital. However, the allocation of shares of the Agency's capital set forth in schedule A to the Convention is limited to "original members" (article 6 of the Convention), and this term is defined as countries which become a party to the Convention on or before 30 October 1987 (article 4(b) of the Convention). The text of the Convention was formulated by the Executive Directors of the Bank, and the Convention was approved for transmittal to the member Governments of the Bank and Switzerland for signature by the Board of Governors of the Bank. Pursuant to article 63 of the Convention, the Bank acts as depositary of the Convention. The Convention also provides that if it has not entered into force within two years of its opening for signature, the President of the Bank shall convene a conference of interested countries "to determine the future course of action" (article 6l(d) of the Convention). The conference provides a mechanism for dealing with questions, such as the one concerning the continued validity of schedule A, which may arise in connection with delays in the entry into force of the Convention. By 7 October 1987, 62 countries, including 12 developed countries, had signed the Convention. Of the signatory countries, 15 developing countries had ratified it, but only 3 developed countries had done so. It was understood at the time that some developed countries would deposit their instrument of acceptance shortly, but that, even if these ratifications were taken into account, the subscriptions of the ratifying countries would fall some 10 per cent short of the necessary capital subscriptions required for the Convention to enter into force. Pursuant to article 6l(d) of the Convention, the President of the Bank convened a Conference of Interested Countries on 30 October 1987. Representatives of 71 signatory and other interested countries participated in the Conference. The President of the Bank submitted a memorandum to the Conference, to which was attached a draft resolution. The Conference unanimously adopted the resolution.

Memorandum submitted to the Conference of Interested Countries convened under article 61 (d) of the MIGA Convention

1. Pursuant to article 61 (d) of the Convention Establishing the Multilateral Investment Guarantee Agency (MIGA), the President of the International Bank for Reconstruction and Development has called a Conference of Interested Countries to determine the future course of action since the Convention has not entered into force by 11 October 1987. The Conference will meet in Washington, D.C. on 30 October 1987, the date on which the share allocations set out in the Convention for original members of MIGA would lapse unless the Conference of Interested Countries maintains the validity of such allocations beyond that date. 2. Attached is a draft resolution suggested for adoption by the Conference at its meeting. Under this resolution, the Conference would determine that: (i) the

106 allocation of shares set out in the Convention shall remain valid for countries which ratify the Convention on or before a date in the spring of 1988, such countries to be considered original members of MIGA and (ii) the President of the Bank shall call a second meeting of the Conference of Interested Counties if the Convention has not yet entered into force by the selected date so that it may consider the course of action required to accelerate the entry into force of the Convention. 3. As indicated in the draft, the Conference would, in adopting such a resolution, be exercising the powers conferred upon it by article 61 (d) to provide practical solutions to questions arising in connection with any delay in the entry into force of the Convention. While one such solution might take the form of the measure outlined in paragraph 2 (i) above, this would not constitute a change of the rights and duties of the parties to the MIGA Convention. It should not therefore require the initiation of fresh internal ratification procedures by those countries which have already ratified the Convention. The Bank as depositary of the Convention would not require further instruments of ratification from such countries, nor would it require any other form of confirmation of such countries' prior ratification. In the unlikely event that the Convention does not enter into force by the selected date in spring 1988, interested countries might decide on such other measure or measures as might be required to accelerate the entry into the force of the Convention. MULTILATERAL INVESTMENT GUARANTEE AGENCY THE CONFERENCE OF INTERESTED COUNTRIES

The Conference of Interested Countries convened pursuant to section (d) of article 61 of the Convention Establishing the Multilateral Investment Guarantee Agency (the Convention), Realizing that the allocation of shares set out in schedule A to the Convention, which applies to original members of the Multilateral Investment Guarantee Agency (the Agency), would lapse on 30 October 1987, Noting that the Convention has not entered into force by the above- mentioned date, and Desiring to maintain, beyond that date, the allocation of shares provided for in said schedule, Determines, in the exercise of the power conferred upon it by section (d) of Article 61 of the Convention, that: (1) The allocation of shares set out in schedule A to the Convention shall remain valid for countries which ratify, accept or approve the Convention on or before 30 April 1988; such countries shall be considered original members of the Agency when the Convention enters into force in respect thereof; and (2) If it appears that the Convention shall not enter into force by 30 April 1988, the President of the International Bank for Reconstruction and Development shall reconvene the Conference of Interested Countries so that it may consider the course of action required to accelerate the entry into force of the Convention.

107 (c) International Centre for Settlement of Investment Disputes

(i) Signatory States and Contracting States

During 1987, Turkey signed the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (the ICSID Convention),168 bringing the total number of signatory States to 97. Also during 1987, Hungary ratified the ICSID Convention and became the eighty-ninth Contracting State.369

(ii) Disputes before the Centre

In the course of 1987, the Secretary-General registered requests for arbitration in the following cases: (a) Société d'Études de Travaux et de Gestion SETIMEG SA. v. Republic of Gabon (case ARB/87/1); (b) Mobil OU Corporation, Mobil Petroleum Company Inc. and Mobil OU New Zealand Limited v. New Zealand Government (case ARB/87/2); (c) Asian Agricultural Products Limited v. Democratic Socialist Republic of Sri Lanka (case No. ARB/87/3); (d) Occidental of Pakistan Inc. v. Islamic Republic of Pakistan (case ARB/87/4). In addition, the Secretary-General registered in 1987 requests for submission to a new ICSID tribunal of the dispute in AmcolIndonesia (case ARB/81/1), following the annulment in 1986 of the award previously rendered in that case. As of 31 December 1987, there were eleven pending ICSID proceedings, more than at any time before. These included the five cases mentioned above and the following six further arbitrations: (a) KlocknerlCameroon (resubmission) (case ARB/81/2); (b) Société Quest Africaine des Bétons Industriels v. State of Senegal (case ARB/82/1); (c) Colt Industries Operating Corp., Firearms Division v. Government of the Republic of Korea (case ARB/84/2); (d) SPP (Middle East) v. Arab Republic of Egypt (case ARB/84/3); (e) Maritime International Nominees Establishment v. Republic of Guinea (case ARB/84/4); (f) Dr. Ghaith R. Pharaon v. Republic of Tunisia (case ARB/86/1).

7. INTERNATIONAL MONETARY FUND

(a) Enhanced Structural Adjustment Facility

In December 1987, the Executive Board of the Fund established a new concessional lending facility known as the Enhanced Structural Adjustment Facility (ESAF). This facility is expected to provide new resources totalling SDR 6 billion

108 in addition to resources available from the Fund's Special Disbursement Account for helping the Fund's poorest member countries undertake strong three-year macroeconomic and structural adjustment programmes to strengthen substantially and in a sustainable manner their balance of payments position and to foster growth. The Executive Board decided to establish at the same time the Enhanced Structural Adjustment Facility Trust, which would provide loans under the ESAF, normally in conjunction with loans under the Structural Adjustment Facility (SAF), on concessional terms, to low-income developing members that qualify for assistance. The ESAF retains much of the basic operational structure of the existing SAF, which was established in March 1986. Specifically, the list of eligible members is the same as under the SAF. Members' access under the ESAF will be financed from the new resources as well as amounts available under the existing SAF. Access under the ESAF will be determined for each individual member on the basis of its balance of payments need and the strength of its adjustment effort, with the initial maximum limit for each eligible member at 250 per cent of the member's quota. This maximum limit may be increased in exceptional circumstances up to 350 per cent of the member's quota. Like SAF programmes, ESAF programmes will be based on a policy framework paper (PFP) which outlines the authorities' medium-term economic objectives and priorities. The policy framework paper is developed by the member with the assistance of the staffs of both the Fund and the World Bank working in close collaboration; it includes an assessment of the social impact of the proposed policy measures as well as of the country's financing needs and possible sources of financial support. Repayment of each loan under the ESAF will take place in 10 equal semi- annual instalments, beginning 5 '/2 years and ending 10 years from the date of disbursement. Interest on the outstanding balance of each loan shall be charged at the rate of one half of one per cent per annum. The interest on ESAF Trust loans shall be kept under review in the light of the availability of the interest subsidy contributions from donor countries.

(b) Structural Adjustment Facility

In July 1987, the Executive Board decided to increase the potential access of eligible members to the resources of the SAF from 47 per cent to 63.5 per cent of their quotas in the Fund over the three-year arrangement period. While disbursements for the first year would not exceed 20 per cent of quota, disbursements for the second year, which would be made at the request of the member upon approval of the annual arrangement for that year, would be not more than 30 per cent of quota. The balance would be made available at the request of the member upon approval of the third annual arrangement.

The Executive Board in December 1987 completed its review of the policy on enlarged access and decided to extend the policy for a further 12-month period ending 31 December 1988. Under this decision, access by members to the Fund's

109 general resources under arrangements approved under the policy on enlarged access during 1988 would continue to be subject to annual limits of 90 to 110 per cent of quota, three-year limits of 270 or 330 per cent of quota, and cumulative limits, net of scheduled repurchases, of 400 or 440 per cent of quota, depending on the seriousness of the member's balance of payments need and the strength of its adjustment efforts. The annual and triennial limits are not regarded as targets. Within these limits, the amounts of access in individual cases vary according to the circumstances of the member. Also, the Fund would continue to be able to approve standby and extended arrangements that provide for amounts in excess of these access limits in exceptional circumstances.

(d) Burden sharing and adjustment in the rate of charge and rate of remuneration

In February 1987, the Executive Board reviewed the operation of the decision adopted in July 1986 on principles of "burden sharing", the income target for fiscal years 1987 and fiscal years 1988, the rate of charge, and the rate of remuneration, and decided: (a) that the adjustment in the rate of charge for the quarter ended 31 January 1987 would be limited so as to generate an amount equal to the amount generated through the reduction in remuneration for that quarter to cover deferred charges; (b) that the resulting shortfall would be considered deferred income in the quarter ending 30 April 1987; and (c) that the rate of charge and the rate of remuneration would be adjusted with respect to this amount for the period from 7 February 1987 to the end of the quarter. The Executive Board also decided in June 1987 that an amount of SDR 20,690,531 would be used to reduce retroactively for financial year 1987 the rate of charge referred to in rule 1-6(4). In view of the existing overdue obligations to the Fund, the Executive Board decided in June 1987 to establish a Special Contingent Account, which is recorded separately in the Fund's financial statements, and an amount of SDR 26,547,074 was placed in that account for fiscal year 1987. When the account is no longer needed, this amount will be distributed to creditors and debtors for that year in accordance with the principles of burden sharing.

(e) SDRs

The Executive Board decided in July 1987 to simplify operations with respect to payment of obligations to the Trust Fund established in 1976 by permitting the use of SDRs, in addition to United States dollars, as a medium of payment of Trust Fund obligations. Such use of SDRs required the amendment of three existing decisions and the prescription of a new operation in SDRs. The Executive Board decided that a participant, by agreement with a prescribed holder and at the instruction of the Fund, could transfer SDRs to the prescribed holder in repayment of Trust Fund loans, in payment of interest on Trust Fund loans and in payment of special charges in respect of overdue repayments and interest on Trust Fund loans.

110 (/) General arrangements to borrow

The Executive Board in November 1987 renewed its decision on the general arrangements to borrow (GAB) for the five-year period from 26 December 1988 to 25 December 1993. The GAB entered into force on 24 October 1962 for an initial period of four years. It was renewed, without modification, for a period of four years from 1966, and for further periods of five years from 1970, 1975 and 1980. In response to emerging strains in the international financial system, the GAB participants and the Fund agreed on 26 December 1983 on a revision and enlargement of the GAB from the equivalent of about SDR 6.4 billion to the present total of SDR 17 billion. (g) Supplementary financing facility subsidy account

In August 1987, the Executive Board decided, in accordance with section 10 of the Instrument establishing the Supplementary Financing Facility Subsidy Account, that additional subsidy payments should be made with respect to charges paid on holdings of currency referred to in section 7 of the Instrument for the period from 1 July 1985 through 30 June 1986 and subsidy payments for 1 July 1986 through 30 June 1987. The Subsidy Account was established in 1980 to reduce the cost to eligible low-income developing members using the Fund's resources under the Supplementary Financing Facility. It is being financed mainly from repayments of Trust Fund loans and from voluntary contributions in the form of donations.

8. UNIVERSAL POSTAL UNION371

The Universal Postal Union has continued to study the legal and administrative problems entrusted to the Executive Council by the 1987 Hamburg Congress. Among the most important problems likely to be of interest to other organizations, mention should be made in particular of the following studies:

(a) International postal regulations On the basis of the study conducted by the International Bureau, the Executive Council will suggest to the 1989 Universal Postal Congress that it should confirm the discretionary power of the Congress to review the Acts of the Union every five years, while conferring on the Executive Council legislative competence to review the implementation regulations and the treatment of proposals to amend such implementation regulations as the Congress will not have seen fit to consider itself.

(b) Duration of the Congress The Executive Council took note of the International Bureau's very tentative assessment of the impact of the new procedures on the duration of both the Congress (a reduction of three to three and a half days) and the Executive Council

111 (extended from six to seven days). The final decision on the new procedures will depend on the Congress, which might choose to refer a few or many proposals to the Executive Council.

(c) Contacts with international organizations representing customers of the postal service In view of the exhaustive replies received by the International Bureau from four of the six organizations consulted about their concerns in the area of postal services, the Executive Council decided to let contracts with international organizations representing customers of the postal service develop at the level of the Council itself or at the level of the Consultative Council for Postal Services, depending upon the circumstances, without excluding either body.

(d) Credentials of delegates to the Congress In order to overcome the difficulties encountered at the previous Congresses, the Executive Council instructed the International Bureau to: — Prepare model credentials which would be attached to invitations to the Congress; — Draw the attention of the ministries of foreign affairs of member countries to the special requirements of UPU with respect to credentials (especially the authorization to sign); — Take measures to speed up the deposit of credentials so as to enable the secretariat to prepare the documents for the Credentials Committee in a timely fashion; — Make arrangements for the Credentials Committee to meet immediately after the opening of the Congress and to submit its initial report during the first week of the Congress.

(e) Function of depository of the Acts of the Union and intervention of the Government of Switzerland in cases of accession and admission to the Union and withdrawl from the Union The Executive Council is of the opinion that this function should henceforth be exercised by the International Bureau, as is the practice of other specialized agencies of the United Nations system without, however, using Swiss diplomatic channels as the International Telelcommunication Union does.

(f) Inviting applications for the posts of Director-General and Assistant Director-General of the International Bureau The Executive Council will suggest to the 1989 Congress that it should transfer this function to the International Bureau, as is the practice of other specialized agencies of the United Nations system.

(g) Introduction of the international high-speed mail service (EMS) In compliance with the provisions of article 102, paragraph 6 (r), of the General Regulations, the Executive Council adopted the Framework Agreement on EMS items and the draft recommendations on the transitional provisions governing the operation of EMS.

112 9. INTERNATIONAL MARITIME ORGANIZATION

(a) Membership of the Organization

On 6 May 1987, Bolivia became the 131st member of IMO, in accordance with article 5 of the IMO Convention.372 An application for membership by Monaco, in accordance with article 7 of the Convention, was recommended to the members of the Organization by the Council in 1986 and is currently under consideration by them. As at 31 December 1987, 53 member States had expressed their approval of the application.

(b) Combating international terrorism

In pursuance of General Assembly resolution 40/61 of 9 December 1985, in which the Assembly had, inter alia, requested IMO "to study the problem of terrorism aboard or against ships with a view to making recommendations on appropriate measures", the Council of IMO established an ad hoc Preparatory Committee on the Suppression of Unlawful Acts against the Safety of Maritime Navigation and entrusted it with the preparation of appropriate draft treaty instruments. The ad hoc Preparatory Committee convened in 1987 and finalized a draft Convention on the Suppression of Unlawful Acts against the Safety of Maritime Navigation and a draft Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf.373 In accordance with a decision of the Council, these two draft treaty instruments were submitted to the Legal Committee of IMO for consideration and comment.374 The Assembly, at its fifteenth session, in November 1987, endorsed the convening of a diplomatic conference early in 1988 to consider and adopt the two draft treaties.

The Legal Committee completed work on draft articles for a Convention on Salvage375 and the Assembly, at its fiftieth session in November 1987, decided to convene in 1989 a diplomatic conference to consider and adopt the draft Convention.

(d) Liability for damage caused by hazardous and noxious substances

The Legal Committee held a general exchange of views on possible future work on a convention on liability for damage caused by the maritime carriage of hazardous and noxious substances and decided to retain the item on its work programme for future consideration.

(é) Carriage of passengers and their luggage

The Council decided that consideration should be given on a priority basis to a possible revision of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974. The Legal Committee, in giving initial consideration to the matter, decided that the revision of the 1974 Athens

113 Convention should be of limited scope. Accordingly, the revision is to be restricted to the adoption of increased amounts of limitation of liability and to the introduction of a rapid system of amendment for the future alteration of such amounts. Substantive work on the revision of the Convention will be taken up by the Legal Committee in 1988.

(/) Law of the sea

The Legal Committee and the Assembly took note of a study prepared by the secretariat regarding the implications of the 1982 United Nations Convention on the Law of the Sea for the International Maritime Organization.376

(g) Offshore installations and structures

The Assembly, at its fifteenth session in November 1987, adopted a resolution on measures to prevent infringement of safety zones around offshore installations or structures.377 Moreover, the Maritime Safety Committee was engaged in the elaboration of guidelines and standards for the removal of offshore installations and structures on the continental shelf and in the exclusive economic zone; they will be finalized in 1988.

(h) Maritime liens and mortgages

On the basis of the terms of reference adopted by the Trade and Development Board of UNCTAD and the Council of IMO, the Joint Intergovernmental Group of Experts on Maritime Liens and Mortgages and Related Subjects progressed with work on the elaboration of draft articles for a convention on maritime liens and mortgages.378

10. INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT

(a) Cooperation with intergovernmental organizations

In accordance with article 8.2 of the Agreement Establishing IFAD,379 IFAD signed a Cooperation Agreement on 6 October 1987380 with the Inter-American Institute for Cooperation on Agriculture (IICA), an autonomous intergovernmental agency of the Organization of American States. The Cooperation Agreement aims at cooperation between IFAD and IICA in order to facilitate the attainment of common objectives and to promote a harmonious approach to agricultural development, rural development, food production and nutrition in Latin American countries of common membership. To this end, IICA may assist IFAD in the identification, preparation and approval of suitable projects for financing by IF AD. In addition, IICA may provide technical assistance or any other suitable type of assistance for IFAD-financed projects. IICA may also undertake to organize, implement and evaluate courses, workshops and other activities related

114 to training and exchange of experience relating to Latin American countries. IICA may also accept responsibility for carrying out supervision missions on behalf of IFAD for projects receiving IFAD's assistance, or participate in such missions along with IFAD. Any such activity to be undertaken by IICA under the Cooperation Agreement will be at the request of IFAD.

(b) Cooperation with non-governmental organizations

Non-governmental organizations (NGOs) have been successfully involved in the fight against rural poverty for some time now, especially by influencing the nature and scope of development strategies and the techniques of project design, as well as by supporting national economic development processes through various public groups and gatherings. Recognizing the importance of the role of NGOs in the development process, the Executive Board of IFAD, at its twenty- ninth session, held from 2 to 5 December 1986, decided to strengthen cooperation between IFAD and such national and international NGOs as share its aims and objectives in respect of the projects financed by IFAD.381 As a sequel to that decision, at its thirtieth session, in April 1987, the Executive Board of IFAD approved the establishment of a Special Funding Mechanism (SFM) from the regular resources of IFAD in order to provide project preparation grant financing to NGOs on a selected basis so as to enable them to undertake various types of pilot activities which could serve as a basis for subsequent investment programmes by IFAD. The Executive Board also decided that the SFM was to be matched on a 1:2 ratio by IFAD and contributions of donors (both governmental and non- governmental). Subsequently, IFAD's Executive Board, at its thirty-first session in September 1987, decided: (a) To authorize the President, for the financing of the activities under the IFAD/NGO Extended Cooperation Programme (ECP), to approve grants, not exceeding US$ 75,000 each, from IFAD's regular resources allocated earlier for the purpose of financing technical assistance grants,382 provided that the host member State concerned has consented to the activity to be financed and the NGO concerned has provided or has confirmed that it will provide appropriate material or financial support for the effective and successful implementation of the project; (b) To authorize the President to conclude, after consultation with the Government hosting the activity, the donors and the non-governmental organizations involved, such arrangements as he may consider appropriate to accomplish the objectives of the ECP.3"

To improve the economic lot of the rural poor more effectively often requires new institutional mechanisms in areas such as rural credit, technology adaptation and farming systems, among others, and adequate field-level testing is therefore an important pre-condition for their wider adoption. Consequently, the pilot activities related to these sectors of rural economy would be inserted in appropriate projects by IFAD under the ECP arrangement with NGOs and would include: (à) Testing new technologies which have special advantages to the poorest people, who are the planned beneficiaries of IFAD projects;

115 (b) Testing new institutional approaches in the various sectors and sub- sectors in which IFAD is concerned in order to ascertain their relevance, acceptability and durability; (c) Training programmes for beneficiaries and for extension personnel for the improved management of their resources through more effective systems of organization, such as farmers' groups, water users' associations and other forms of grass-roots networks.384

At its tenth session held from 9 to 12 December 1986, the Governing Council of IFAD amended article 6, section 8(a) of the Agreement Establishing IFAD. Through the amendment, which entered into force on 11 March 1987, the duration of the term of office of the President of IFAD was extended from the original three-year to a four-year period. In order to enable the Governing Council to extend the term of office of an incumbent president for any future exigency, the following new subparagraph (b) was added in section 8: "(b) Notwithstanding the restriction on the term of office of the President of four years, contained in paragraph (a) of this section, the Governing Council may, under special circumstances, on the recommendation of the Executive Board, extend the term of office of the President beyond the duration prescribed in paragraph (a) above. Any such extension shall be for no more than six months."

The incumbent President of IFAD commenced his first term of office on 19 November 1984. His first term of office was due to expire on 18 November 1988, just over two months prior to the dates on which the Executive Board of IFAD had decided to convene the twelfth session of the Governing Council, from 24 to 27 January 1989. In order to avoid the office of the President remaining vacant from 19 November 1988 until the person appointed by the Governing Council at its twelfth session assumes the office, the Executive Board, at its thirty-second session, held from 1 to 4 December 1987, recommended that the Governing Council take action under article 6, section S(b) of article 6 of the Agreement Establishing IFAD, which the Governing Council did through the adoption of a resolution, the operative parts of which read as follows: "(a) The incumbent President of IFAD, Idriss Jazairy, shall continue to perform the duties of his office until the date the person appointed to the position of the President by the Governing Council at its twelfth session is able to assume the office; "(b) The incumbent President shall perform his duties until the date referred to in paragraph (a) above on the same terms and conditions of service as are applicable to him on the date of the adoption of this resolution."3M

(d) Project Evaluation Committee

Rule 11.1 of the rules of procedure of the Executive Board authorizes it to "establish committees and other subsidiary bodies from its members and refer to them a question for study and report. The President, with the approval of the

116 Board, shall appoint members of such bodies. Each committee shall elect its chairman." Accordingly, at its thirty-second session, the Executive Board, after considering the proposal to establish an Evaluation Committee of the Executive Board, took the decision to establish the Committee for an initial period of two years, with a representative of three members from each of categories I, II and III, respectively, and a Chairman. The purpose of the Committee is to assist the Executive Board in its review of completed projects, with a view to drawing lessons from past projects to improve future projects, through an in-depth analysis of a selected number of projects and cross-cutting studies.386

(e) High-level Intergovernmental Committee on IFAD's future financial basis and structure and the Third Replenishment

Since 1983, IFAD's operations have been adversely affected by the shortage of resources. This difficulty, coupled with prolonged negotiations for the Second Replenishment, which were completed in January 1985, brought into focus the need for a review of IFAD's financial basis in order to achieve a more stable future for IF AD. This led the Governing Council, at its tenth session in December 1986, to adopt resolution 45/X establishing a High-level Intergovernmental Committee, consisting of a maximum number of representatives of 12 IFAD members for each of categories I, II and HI, respectively, to discuss all issues related to the future financial basis and structure of IFAD. Resolution 45/X called for the Committee to meet under the chairmanship of the President of IFAD and to submit a report on its preliminary findings on the future financial basis and the structure to the eleventh session of the Governing Council through the Executive Board. The Committee met in 1987 on: 3 and 4 March; 29 and 30 June; 5 to 7 October and 1 December. A report of the Chairman on the preliminary findings of the Committee on IFAD's future financial basis was submitted to the Governing Council at its eleventh session in January 1988.187 In view of the proposals that still need consideration, the Governing Council at its eleventh session extended the mandate of the Committee in order to enable it to continue its deliberations on various ways of strengthening the future financial basis of IFAD.388 Governing Council resolution 45/X establishing the High-level Committee also stipulated that the Committee should give priority attention to those issues which had an immediate impact on the Third Replenishment of IFAD's resources. The Second Replenishment period of IFAD's resources ended on 31 December 1987. In order to commence work on the Third Replenishment, the Governing Council, at its eleventh session, in response to the recommendation of the Committee, established a committee called the Consultation on the Third Replenishment of IFAD's resources to discuss all aspects of the Third Replenishment.189 The Consultation is required to consider, inter alia, the following issues related to the Third Replenishment of IFAD's resources: (a) The level of the Third Replenishment of IFAD's resources; (b) The period of the Third Replenishment of IFAD's resources; (c) The respective category and member country contributions to the Third Replenishment of IFAD's resources;

117 (d) The conditions of effectiveness for the Third Replenishment of IFAD's resources; (é) Provision for commitment limitations; (/) Payment arrangements; (g) Any other relevant matters related to the Third Replenishment of IFAD's resources.

(/) Mobilization and use of non-convertible currency contributions

Article 5, section 1(6), of the Agreement Establishing IF AD reads as follows: "(ft) The currency of a Member in Category III paid to the Fund on account of that Member's initial or additional contributions may be used by the Fund, in consultation with the Member concerned, for the payment of administrative expenditures and other costs of the Fund in the territories of that Member, or, with the consent of that Member, for the repayment of goods or services produced in its terrorities and required for activities financed by the Fund in other States."

The report of the Chairman on the preliminary findings of the High-level Intergovernmental Committee on IFAD's future financial basis and structure, established by the Governing Council to review proposals on IFAD's future financial basis and structure, contained in document GC 11/L.7, had recommended, inter alia, that IFAD take steps to facilitate the use of the contributions of members of category III made in their own currencies, which are not freely convertible. The Governing Council of IFAD noted the great potential for the promotion of South-South cooperation through the mobilization and use of the available non-convertible currency contributions of members of category ID and adopted a resolution390 on the use of the non-convertible currency contributions of category HI countries. The operative part of the resolution reads as follows: "The Governing Council Decides that, taking into account national legal procedures of the contributor and the operational policies and procedures of the Fund: I. The initial or additional contributions of a Member of Category III paid in its own, non-convertible, currency may be used by the Fund, in accordance with article 5, section l(b), of the Agreement: (a) In consultation with the contributing Member concerned for the payment of administrative expenditures and other local costs of the Fund in the territories of that Member, which shall include the purposes set out in items (i) to (vii) inclusive of attachment A hereto; or (b) With the consent of the contributing Member concerned for the payment of goods or services produced in its territories and required for activities financed by the Fund in other States, which shall include the purposes set out in items (viii) and (x) inclusive of attachment A hereto. n. The consultation shall be in the form of a prior notification by the Fund to that Member of the intended use or uses of the non-

118 convertible currency contribution of the Member Country. Such available amounts as may be requested by the Fund to be paid from the available non-convertible currency contribution of any Member of Category III for the purposes specified in items (i) to (vii) inclusive of attachment A shall be released promptly after this consultation, subject only to the normal administrative and financial clearance of its central bank or such other bank with which the contributions may be deposited. HI. The use by the Fund of the non-convertible currency contributions of Members in Category III for the purposes specified in items (viii) to (x) inclusive of attachment A, which require the consent of the contributing Member concerned as referred to in paragraph l(b) above, shall require the specific request of the Fund to the contributing Member concerned for its consent."

The attachment to the Governing Council resolution on the uses of non- convertible currency contributions (NCC) reads as follows:

"THE USES OF NON-CONVERTIBLE CURRENCY CONTRIBUTIONS OF IFAD'S CATEGORY III MEMBERS

A. NCC uses which should require only consultation with Member Governments under article 5, section l(b), of the Agreement Establishing IF AD (i) Research grants for activities carried out by international and regional centres in the Member State providing the NCC; (ii) Technical assistance grants for project preparation and other related activities in the Member State providing the NCC; (iii) Training programmes, seminars and workshops in the Member State providing the NCC; (iv) The cost of Governing Council and Executive Board meetings that may be held, in accordance with the relevant rules of procedure, outside of Italy in the Member State providing the NCC; (v) The printing of IFAD publications in the Member State providing the NCC; (vi) Identification, preparation, appraisal, supervision and monitoring and evaluation costs incurred in the Member State providing the NCC; (vii) Institution-building activities, including support for non- governmental organizations in the Member State providing the NCC.

B. NCC uses which should require (he consent of Member Govern- ments under article 5, section l(b), of the Agreement Establishing IFAD

119 (viii) Local cost financing for project components financed by IFAD in the Member State providing the NCC; (ix) Local procurement of goods and services in Member States for projects financed by IFAD in other Member States or goods and services for the use of IFAD; (x) Currency exchanges/swaps with other organizations."

11. INTERNATIONAL ATOMIC ENERGY AGENCY

(a) Amendment to article VI. A. 1 of the IAEA Statute391

During 1987, seven more member States — Algeria, Cuba, Czechoslovakia, Federal Republic of Germany, Iceland, Nigeria and Turkey — accepted the amendment, bringing the total number of acceptances to 50. The amendment will enter into force when it has been accepted by two thirds of all member States. (b) Convention on the Physical Protection of Nuclear Material392

The Convention was signed by one more State — Switzerland — and ratified by two more States — Australia and Switzerland. Pursuant to its article 19.1, the Convention entered into force on 8 February 1987 following the deposit of the twenty-first instrument of ratification, acceptance or approval (Switzerland). By the end of 1987, 46 States and 1 regional organization — EURATOM — had signed the Convention and 22 States were parties to it. (c) Convention on Early Notification of a Nuclear Accident393

The Convention was signed by 14 more States — Algeria, Cameroon, Iraq, Japan, Malaysia, Mongolia, Nigeria, Senegal, Sierra Leone, South Africa, Syrian Arab Republic, Thailand, Tunisia, Yugoslavia. Fifteen more States expressed consent to be bound by it — Australia, Byelorussian SSR, China, German Democratic Republic, Hungary, Japan, Jordan, Malaysia, Mongolia, New Zealand, South Africa, Sweden, Ukrainian SSR, United Arab Emirates and Viet Nam. By the end of 1987, 72 States had signed the Convention and 19 States had become party to it. (d) Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency394

The Convention was signed by 13 more States395 and 14 more States expressed consent to be bound by it.396 The Convention entered into force on 26 February 1987 pursuant to article 14.3 thereof. By the end of 1987, 71 States had signed it and 15 States had become parties.

120 (é) Civil liability for nuclear damage The IAEA, in cooperation with the OECD Nuclear Energy Agency (NEA), continued its consideration of the question of establishing a formal link between the 1963 Vienna Convention on Civil Liability for Nuclear Damage397 and the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy.398 A meeting of governmental experts, convened at Vienna by the two organizations in October 1987, adopted by consensus the text of a draft joint protocol to the two Conventions. It envisages the extension of the liability regime established under each Convention to the parties of the other Convention and provides for the prevention of possible conflicts of law which may arise from the simultaneous application of the Conventions to a nuclear incident. The meeting of governmental experts referred the draft joint protocol for endorsement to the IAEA Board of Governors and the NEA governing body together with a recommendation that a conference be convened jointly by the two organizations in 1988 in conjunction with the thirty-second regular session of the IAEA General Conference for the purpose of adopting the joint protocol and opening it for signature.

(/) Advisory services in nuclear legislation As part of the IAEA Technical Cooperation Programme, advice on nuclear legislation, covering, inter alia, nuclear liability and compensation for nuclear damage, the physical protection of nuclear material and the safe transport of nuclear material was provided to China. Additionally, advice on nuclear legislation and regulatory activities was provided to Morocco and Tunisia to supplement the advice provided in 1986. (g) Safeguards During 1987, a Safeguards Agreement concluded pursuant to the Treaty on the Non-Proliferation of Nuclear Weapons399 with Brunei Darussalam entered into force, bringing to 81 the total number of non-nuclear-weapon States with agreements in force pursuant to the Non-Proliferation Treaty and/or the Treaty of Tlatelolco.400 In addition, a Safeguards Agreement was also concluded with Chile,401 bringing to 166 the total of safeguards agreements with the IAEA.

(h) Agreements relating to nuclear safety In late 1987, IAEA member States were requested by the Secretariat to provide it with copies of bilateral, regional and multilateral agreements on cooperation in the field of nuclear safety to which they were parties. The Agency plans to publish a compilation of the texts in its Legal Series.

12. UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION

In addition to providing legal advice and assistance to the principal organs of UNIDO, the Director-General and various departments in the organization,402 the

121 Legal Service of UNIDO continued to deal with subjects related to the completion of the conversion of UNIDO into a specialized agency. These activities can be summed up as follows:

(a) Constitutional matters

In 1987, three States became members of UNIDO either by ratifying the Constitution403 (Costa Rica) or by acceding to it (Saint Vincent and the Grenadines, Vanuatu), bringing the membership in UNIDO to 150 at the end of 1987.

(b) Agreements with intergovernmental, non-governmental, governmental and other organizations

Based on the Guidelines regarding Relationship Agreements with Organizations of the United Nations System other than the United Nations, and with other Intergovernmental and Governmental Organizations, and regarding Appropriate Relations with Non-governmental and Other Organizations, adopted by the General Conference,404 UNIDO concluded the following agreements: (a) At its third session the Industrial Development Board approved the draft agreement with the International Atomic Energy Agency,405 which was signed on 9 October 1987 and entered into force through a Protocol of the same date; (b) Also at the third session, the Industrial Development Board approved the draft agreement with the International Labour Organization,406 which was signed on 14 September 1987 and entered into force through a Protocol of the same date; (c) As approved by the Industrial Development Board at its second session,407 UNIDO concluded relationship agreements with the following intergovernmental organizations not in the United Nations system: (i) Relationship Agreement with the Arab Industrial Development Organization (AIDO), signed on 8 November 1987; (ii) Relationship Agreement with the Group of Latin American and Caribbean Sugar Exporting Countries (GEPLACEA), signed on 3 April 1987; (iii) Relationship Agreement with the Gulf Organization for Industrial Consulting (GOIC), signed on 22 October and 31 October 1987; (d) An exchange of letters constituting a working arrangement408 between the Director-General and the Secretary of the Council for Mutual Economic Assistance (CMEA), dated 9 May, 23 May and 13 November 1986 and 15 January 1987, reconfirmed the Agreement on Cooperation concluded between CMEA and the former UNIDO; (e) UNIDO further concluded agreements or working arrangements with the following Governments or governmental organizations: (i) Memoranda of Understanding on cooperation in industrial development were concluded with the Governments of Brazil, Bulgaria,

122 Czechoslovakia, with the Institute for Economic Market Research, Budapest, and with the Government of the Philippines on the continuation of joint cooperative training programmes. An agreement was concluded with Switzerland concerning the organization of a company training programme on the application of dyes with different substrates. An agreement was concluded with Tunisia in the form of a joint declaration of intent, reviewing existing common projects and expressing the intention to pursue and reinforce the cooperation between Tunisia and UNIDO; (ii) Working arrangements409 were concluded with the National Industrial Apprenticeship Service (SENAI) of Brazil, with the State Planning Commission of the German Democratic Republic and with the Government of Poland; (iii) The Director of the UNIDO Investment Promotion Service in France concluded an agreement on behalf of UNIDO with the Institut Régional de Coopération — Développement, Champagne Ardenne, inter alia, on the exchange of information regarding available technologies and possibilities of cooperation between French firms and financing institutions on the one hand and governmental agencies, associations of firms or companies in developing countries, on the other.

In 1987, UNIDO continued its negotiations with the Secretariat of the United Nations concerning the Agreement on the Transfer of Assets between the United Nations and UNIDO on the basis of the mandate received by the General Conference at its first session (part two) on 12 December 1985410 and arrived at a mutually agreed text. The Advisory Committee on Administrative and Budgetary Questions considered and approved the agreement, as indicated by a letter dated 26 October 1987 from the Chairman of the Advisory Committee to the Secretary- General of the United Nations. However, by the end of 1987 the agreement had not yet been signed. UNIDO and the United Nations concluded an Agreement on Arrangements for the Sale of UNIDO Publications, signed on 15 and 22 April 1987, respectively. On 22 October 1987, a Letter of Agreement was signed by the Executive Director of the United Nations Fund for Drug Abuse Control (UNFDAC) and the Director-General of UNIDO, designating UNIDO as executing agency for the implementation of UNFDAC law enforcement and related projects in 1988.

(d) Trust fund agreements with Governments on Associate Experts

These agreements are concluded to regulate the terms and conditions under which UNIDO shall recruit Associate Experts from the donor country for the purpose of providing technical assistance to developing countries. In 1987, such agreements were concluded with the Governments of Finland, Italy, Norway and Sweden.

123 (e) Standard basic cooperation agreement

Pursuant to the mandate given to the Director-General by the General Conference at its first regular session (part two)4" to propose and conclude on behalf of UNIDO appropriate cooperation agreements on the basis of the draft standard basic cooperation agreement referred to in GC.l/Dec.40, paragraph (a),412 the Director-General, by a letter dated 30 January 1987, formally proposed the agreement to member States receiving assistance from UNIDO. On the basis of the proposed draft, negotiations with Governments took place during 1987, but by the end of 1987 no Government had signed the agreement.

(/) Annex in respect of UNIDO to the Convention on the Privileges and Immunities of the Specialized Agencies

On 3 July 1987, the Industrial Development Board of UNIDO approved such an annex413 which, pursuant to section 36 of the Convention, the Director- General transmitted to the Secretary-General of the United Nations on 7 September 1987, thereby also accepting the standard clauses of the said Convention, as modified by the annex, and undertaking to give effect to sections 8, 18, 22, 23, 24, 31, 32, 42 and 45 of the Convention and paragraph 1 (c) of the said annex. The Secretary-General acknowledged receipt of the Director- General's letter on 15 September 1987. In accordance with its section 37, the Convention therefore became applicable to UNIDO on 15 September 1987. Also pursuant to section 37, the Secretary-General of the United Nations on 16 October 1987 communicated to all Members of the United Nations and to other States members of the specialized agencies certified true copies of the final text of annex XVD relating to UNIDO.

(g) Regulations and Rules

Financial Regulations and Rules. At its second regular session the General Conference approved the Financial Regulations of UNIDO in accordance with article 8.3(c) of the Constitution and decided that they should come into effect on 1 January 1988.414 At the same time the General Conference requested the Director- General for the time being to continue to apply, in accordance with article 26.2 of the Constitution, the provisions of the Financial Regulations of the United Nations, namely, the chapeau and subparagraph (e) of regulation 5.2, concerning those draft regulations on which no consensus had been reached, namely, regulations 5.2(e) and 5.3. By regulation 12.1, the Director-General was authorized to issue financial rules which shall govern the administration of all financial activities and transactions of the Organization. By the same regulation the Director-General is requested to report to the Industrial Development Board through the Programme and Budget Committee on the issuance of such financial rules. Staff Regulations and Rules. Pursuant to article 11.5 of the Constitution, the General Conference at its second regular session also approved the Staff Regulations of the Organization415 and decided that they should come into effect as of 1 July 1988. At the same time the General Conference decided that regulation 3.4, second sentence, should be applied provisionally until a final decision on its final formulation was made by the Conference. It also requested the Director-

124 General for the time being to continue to apply, in accordance with article 26.2 of the Constitution, the provisions of United Nations staff regulation 3.3(e) and 3.3(/) and the pertinent provisions of article Xn, concerning those draft regulations on which no consensus had been reached, namely, 6.8(c), 6.8(d) and 13.4. On the basis of the Staff Regulations, the Director-General will elaborate Staff Rules in accordance with regulation 13.4.

(h) Secretariat procedures with regard to international treaties and agreements

In view of the Organization's responsibilities as a specialized agency of the United Nations system under the guidelines established by the General Assembly for the registration, filing or recording, and publication of treaties or other international agreements, in 1987 the Legal Service continued its work regarding the establishment of the proper procedures in this respect, at the same time assuming its function as depositary for UNIDO's agreements concluded after its conversion into a specialized agency.

NOTES 'Adopted without a vote. 2Adopted by a recorded vote of 135 to 5, with 15 abstentions. 'General Assembly resolution S/10-2; see Official Records of the General Assembly, Tenth Special Session, Supplement No. 4 (A/S-10/4), sect. III. 'Official Records of the General Assembly, Forty-second Session, Supplement No. 46 (A/42/46), sect. Ill, paras. 15-26. 'Adopted by a recorded vote of 129 to 1, with 23 abstentions. "Adopted without a vote. 7Adopted by a recorded vote of 118 to 18, with 14 abstentions. "Adopted without a vote. 'Adopted by a recorded vote of 142 to 12, with 3 abstentions. '"Adopted by a recorded vote of 133 to none, with 12 abstentions. "Adopted by a recorded vote of 154 to 1, with 2 abstentions. 12Adopted without a vote. "Adopted by a recorded vote of 131 to 1, with 23 abstentions. '"Adopted without a vote. "Adopted without a vote. "Adopted by a recorded vote of 137 to 13, with 7 abstentions. "Adopted by a recorded vote of 139 to 12, with 4 abstentions. '"Adopted by a recorded vote of 140 to 13, with 2 abstentions. "Adopted by a recorded vote of 149 to 1, with 6 abstentions. 20For the text, see The United Nations Disarmament Yearbook, vol. 12: 1987 (United Nations publication, Sales No. E.88.IX.2), appendix VII; see also International Legal Materials, vol. 27 (1988), p. 84. 21 Adopted by a recorded vote of 115 to none, with 39 abstentions. 22Adopted by a recorded vote of 143 to none, with 13 abstentions. 21 Adopted by a recorded vote of 125 to 17, with 12 abstentions. 24See A/41/697-S/18/392, annex, sect. I, para. 47. 25Adopted by a recorded vote of 140 to 3, with 14 abstentions. 26Adopted by a recorded vote of 135 to 17, with 4 abstentions. "CD/787, appendix I, vol. II, document CD/756.

125 28Adopted by a recorded vote of 137 to 3, with 14 abstentions. "United Nations, Treaty Series, vol. 480, p. 43. 30See General Assembly resolution 2373 (XXII), annex; United Nations, Treaty Series, vol. 729, p. 161. 31 Adopted by a recorded vote of 128 to 3, with 22 abstentions. ^Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, Part I (NPT/CONF.III/64/I) (Geneva, 1985), annex. I. "Adopted by a recorded vote of 143 to 2, with 8 abstentions. ^Adopted by a recorded vote of 147 to 1, with 8 abstentions. "Adopted by a recorded vote of 112 to 18, with 20 abstentions. "•Adopted by a recorded vote of 151 to none, with 3 abstentions. "United Nations, Treaty Series, vol. 634, p. 281. "Adopted by a recorded vote of 147 to none, with 7 abstentions. 39Adopted by a recorded vote of 151 to none, with 4 abstentions. 40Adopted by a recorded vote of 140 to 4, with 13 abstentions. 41 Adopted without a vote. 42Adopted by a recorded vote of 114 to 3, with 36 abstentions. 43See Report of the United Nations Conference for the Promotion of International Cooperation in the Peaceful Uses of Nuclear Energy, Geneva, 23 March-10 April 1987 (A/CONF. 108/7). "Adopted without a vote. "International Legal Materials, vol. 25 (1986), p. 1370. "International Legal Materials, vol. 25 (1986), p. 1377. "International Legal Materials, vol. 18 (1979), p. 1419. 48Adopted without a vote. ""See note 43. "Adopted without a vote. "Adopted without a vote. "League of Nations, Treaty Series, vol. XCIV (1929), p. 65. "Adopted without a vote. "United Nations, Treaty Series, vol. 1015, p. 163. "BWC/CONF.II/EX/2. "Adopted by a recorded vote of 154 to 1. "See General Assembly resolution 2222 (XXI), annex; United Nations, Treaty Series, vol. 610, p. 205. "Adopted by a recorded vote of 135 to 1, with 18 abstentions. The definition was adopted by the Commission for Conventional Armaments (see S/C.3/32/Rev.l). ""Adopted without a vote. "Adopted by a recorded vote of 119 to 2, with 32 abstentions. "Adopted without a vote. "Official Records of the General Assembly, Forty-second Session, Supplement No. 42 (A/42/42), para. 45. "United Nations publication, Sales No. E.85.IX.1. ''Adopted without a vote. 66Adopted by a recorded vote of 154 to none. "Adopted without a vote. 68Adopted without a vote. "United Nations, Treaty Series, vol. 1342, p. 137. '"Adopted without a vote. ''General Assembly resolution 2734 (XXV); also reproduced in Juridical Yearbook, 1970, p. 62. "Adopted by a recorded vote of 131 to 1, with 23 abstentions. 73See A/42/760. 74For the report of the Subcommittee, see A/AC. 105/385.

126 "A/AC. 105/C.2/L. 154/Rev. 1. 76A/AC.105/C.2/L.154. "WG/NPS (1987)/WP.l, WP.2, WP.3 and WP.4. 78WG/NPS (1987)/WP.5 and WP.6. TOWG/NPS(1987)/WP.7. 80WG/NPS(1987)/WP.8. 81 A/AC. 105/C.2/L. 154/Rev.2. »2A/AC.105/C.2/L.159. "A/AC.105/C.2/L.160. MA/AC.105/C.2/L.161. 85A/AC.105/C.2/L.162. •"See Official Records of the General Assembly, Forty-second Session, Supplement No. 20 (A/42/20), chap. II, sect. C. "A/AC.105/L.168. 88A/AC.105/L.169. "Adopted without a vote. "See A/42/812 and Corr.l. '"Official Records of the General Assembly, Forty-second Session, Supplement No. 20 (A/47/20). 'Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (resolution 2222 (XXI), annex); Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (resolution 2345 (XXII), annex); Convention on International Liability for Damage Caused by Space Objects (resolution 2777 (XXVI), annex); Convention on Registration of Objects Launched into Outer Space (resolution 3235 (XXIX), annex); Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (resolution 34/68, annex). "Adopted by a recorded vote of 122 to none, with 9 abstentions. "See A/42/758. "United Nations, Treaty Series, vol. 402, p. 71. "Adopted by a recorded vote of 100 to none, with 10 abstentions. "See A/42/758. "For detailed information, see Official Records of the General Assembly, Forty- second Session, Supplement No. 25 (A/42/25 and Corr.l). "Ibid., annex I. 100UNEP/GC.14/13. ""Adopted by a recorded vote of 149 to 1. 102See A/42/82 l/Add.5. ^Official Records of the General Assembly, Forty-second Session, Supplement No. 25 (A/42/25 and Corr.l). '"Selected Multilateral Treaties in the Field of the Environment (UNEP), vol. 2, p. 389. ^International Legal Materials, vol. 26 (1987), p. 38. '"International Legal Materials, vol. 22 (1983), p. 221. ""International Legal Materials, vol. 26 (1987), p. 1541. IOSAdopted without a vote. ""See A/42/82 l/Add.5. ""Adopted without a vote. 11'See A/42/82 l/Add.5. M2UNEP/GC.10/5/Add.2 and Corr.l and 2, annex, chap. II. '"Adopted without a vote. "4See A/42/82 l/Add.5. '"See A/42/427, annex. '"Adopted without a vote. "7See A/42/82 I/Add. 1.

127 ""A/42/678. '"For detailed information, see Official Records of the General Assembly, Forty- second Session, Supplement No. 12 (A/42/12), and Supplement No. J2A (A/42/12/Add. 1 ). 120United Nations, Treaty Series, vol. 189, p. 137. 121Ibid., vol. 606, p. 267. '"Adopted without a vote. '"See A/42/808. 124Adopted without a vote. 125See A/42/808. 126Adopted without a vote. '"See A/42/803. i:"United Nations, Treatv Series, vol. 520, p. 151. 12'Ibid., vol. 1019, p. 175. Ivilbid., vol. 976, p. 3. "'Ibid., p. 105. '"Adopted without a vote. '"See A/42/781. ""Report of the International Conference on Drug Abuse and Illicit Trafficking, Vienna, 17-26 June 1987 (United Nations publication, Sales No. E.87.1.18), chap. I, sect. B. '"Adopted without a vote. ''"See A/42/781. ™Report of the International Conference on Drug Abuse and Illicit Trafficking, Vienna, 17-26 June 1987 (United Nations publication, Sales No. E.87.1.18). ""Ibid., chap. I, sect. A. '"Adopted without a vote. '«•See A/42/781. u'See General Assembly resolution 2200 A (XXI), annex; also reproduced in Juridical Yearbook, 1966, p. 170. U2United Nations, Treaty Series, vol. 993, p. 3. 141Ibid., vol. 999, p. 171. '"Ibid. '"Adopted without a vote. 146See A/42/806. '"Official Records of the General Assembly, Forty-second Session, Supplement No. 40 (A/42/40). ""Adopted by a recorded vote of 129 to 1, with 22 abstentions. '4"See A/42/806. ""Adopted without a vote. '"See A/42/807. '"See General Assembly resolution 34/180, annex, and United Nations, Treaty Series, vol. 1249, p. 13; also reproduced in Juridical Yearbook, 1979, p. 114. '"Adopted without a vote. 154See A/42/786. '"United Nations, Treaty Series, vol. 78, p. 277. IViAdopted without a vote. '"See A/42/803. '"See General Assembly resolution 39/46, annex; also reproduced in Juridical Yearbook, 1984, p. 135. '"Adopted without a vote. 160See A/42/810. '"See General Assembly resolution 3068 (XXVIII), annex, and United Nations, Treaty Series, vol. 1015, p. 243; also reproduced in Juridical Yearbook, 1973, p. 70. '"Adopted with a recorded vote of 128 to 1, with 27 abstentions. 163See A/42/720. IME/CN.4/1987/28, sect. IV, para. 50.

128 '"Adopted by a recorded vote of 154 to none, with 1 abstention. '"See A/42/805. '"Adopted without a vote. "*See A/42/720. "'See General Assembly resolution 2106 A (XX), annex, and United Nations, Treaty Series, vol. 660, p. 195; also reproduced in Juridical Yearbook, 1965, p. 63. 170Adopted without a vote. '"See A/42/798. '72The text of the Declaration is reproduced m Juridical Yearbook, 1981, p. 63. '"Adopted without a vote. 174SeeA/42/803/Add.l. 175Adopted without a vote. '76SeeA/42/803/Add.l. l77See Official Records of the General Assembly, Forty-first Session, Supplement No. 1 (A/41/1). 178Adopted without a vote. 179See A/42/773. ""Adopted by a recorded vote of 126 to 17, with 10 abstentions. '8'See A/42/773. 182Adopted by a recorded vote of 125 to 10, with 19 abstentions. 183See A/42/773. ""Adopted without a vote. 185See A/42/792. l8*See General Assembly 41/128, annex; reproduced in Juridical Yearbook, 1986, p. 87. '"Adopted without a vote. 188See A/42/804. l89Adopted by a recorded vote of 129 to 9, with 15 abstentions. ""See A/42/8O4. '"Adopted by a recorded vote of 131 to none, with 24 abstentions. l92See A/42/804. ""General Assembly resolution 3384 (XXX). 194Adopted by a recorded vote of 156 to none, with 1 abstention. ""SeeA/42/803/Add.l. 196Adopted by a recorded vote of 150 to 1, with 3 abstentions. ""SeeA/42/803/Add.l. 198A/C.3/42/l and A/C.3/42/6. 199Adopted without a vote. 200See A/42/792. 2(11 Adopted by a recorded vote of 124 to 24, with 2 abstentions. 202See A/42/792. 201Adopted by a recorded vote of 129 to 1, with 24 abstentions. 204See A/42/792. 205Adopted without a vote. 206See A/42/792. 207Adopted without a vote. 208See A/42/809. 2(WAdopted without a vote. See A/42/82l/Add.9; A/42/PV.96. 210Adopted without a vote. 2"See A/42/803. 2'2Adopted without a vote. 213See A/42/806. 214Adopted without a vote. 2l5See A/42/775.

129 2l6See Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Milan, 26 August-6 September 1985: report prepared by the Secretariat (United Nations publication, Sales No. E.86.IV.1). 2l7Adopted without a vote. 2'"SeeA/42/803/Add.l. 2l9General Assembly resolution 40/34, annex. "°See Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Milan, 26 August-6 September 1985: report prepared by the Secretariat (United Nations publication, Sales No. E.86.IV.1), chap. I, sect. E.I5. 221Ibid, sect. D.2. 222General Assembly resolution 34/169, annex. -^First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Geneva, 22 August-3 September 1955: report prepared by the Secretariat (United Nations publication, Sales No. 1956.1 V.4), annex I.A. ""Adopted by a recorded vote of 103 to none, with 15 abstentions. See A/42/L.10 and Add. 1. "'United Nations, Treaty Series, vol. 823, p. 231. ^Official Records of the Third United Nations Conference on the Law of the Sea, vol. XVII (United Nations publication, Sales no. E.84.V.3), document A/CONF.62/122; see also The Law of the Sea: United Nations Convention on the Law of the Sea with Index and Final Act of the Third United Nations Conference on the Law of the Sea (United Nations publication. Sales No. E.83.V.5). 227For detailed information on the work of the Preparatory Commission, see the report of the Secretary-General (A/42/688). ""Adopted by a recorded vote of 142 to 2, with 6 abstentions. "'For the composition of the Court, see General Assembly decision 42/308. 2WAs of 31 December 1987, the number of States recognizing the jurisdiction of the Court as compulsory in accordance with declaration filed under Article 36, paragraph 2, of the Statute of the International Court of Justice stood at 49. 23'For detailed information, see l.CJ. Yearbook 1987-1988, No. 42, p. 133. 232/.C J. Reports 1987, p. 188. 2"For detailed information, see l.CJ. Yearbook 1987-1988, No. 42, p. 134. WI.CJ. Reports 1987, p. 182. 2"For detailed information, see l.CJ. Yearbook 1987-1988, No. 42, p. 134. 216See l.CJ. Yearbook 1987-1988, No. 42, p. 136. "7.CJ. Reports 1987, p. 10. 238Ibid.,p. 15. 23"Ibid.. p. 176. 240Ibid.,p. 15. -4lSee l.CJ. Yearbook 1987-1988, No. 42, p. 136. 24:/.C J. Reports 1987, p. 3. 243Ibid.,p. 185. 244Ibid.,p. 18. 245For the membership of the Commission, see Official Records of the General Assembly, Forty-second Session, Supplement No. 10 (A/42/10), chap. I. 246For detailed information, see Yearbook of the International Law Commission, 1987, vol. I (United Nations publication, Sales No. E.88.V.6); ibid., vol. II Part One (United Nations publication, Sales No. E.88/V.7 (Part I); and ibid., Part Two (United Nations, Sales No. E.88.V.7 (Part II). ^Yearbook of the International Law Commission, 1987, vol. II (Part One) (United Nations publication, Sales No. E.88.V.7 (Part I)), document A/CN.4/404. 248Ibid., A/CN.4/407 and Add.l and 2. 249Ibid., A/CN.4/406 and Add.l and 2. -^Yearbook of the International Law Commission, 1986, vol. II (Part One) (United Nations publication, Sales No. E.87.V.8 (Part I)), document A/CN.4/402.

130 "'Yearbook of the International Law Commission, 1987, vol. II (Part One) (United Nations publication, Sales No. E.88.V.7 (Part I)), document A/CN.4/405. ^Yearbook of the International Law Commission, 1986, vol. II (Part One) (United Nations publication, Sales No. E.87.V.8 (Part I)), document A/CN.4/401. Ôfficial Records of the General Assembly, Forty-second Session, Supplement No. 10 (A/42/10). 254Adopted without a vote. 2"See A/42/837. 256Adopted by a recorded vote of 136 to 5, with 14 abstentions. -'"See A/42/835. "'For the membership of the Commission, see Official Records of the General Assembly, Forty-second Session, Supplement No. 17 (A/42/17), chap. I.B, para. 4. 259For detailed information, see Yearbook of the United Nations Commission on International Trade Law, vol. XVIII: 1987 (United Nations publication, Sales No. E.89.V.4). 260Yearboolc of the United Nations Commission on International Trade Law, vol. XVIII: 1987 (United Nations publication, Sales No. E.89.V.4), part two, chap. I, sect. 1, document A/CN.9/288. 26llbid., sect. 2, document A/CN.9/WG.IV/WP.32 and Add. 1-10. 2MIbid., sect. 3, document A/CN.9/WG.IV/WP.33. 263Ibid., part three, annex I. 264Ibid., chap. II, sect. A.I, document A/CN.9/289. 2MIbid., sect. A.3, document A/CN.9/WG.V/WP.20. 266See ibid., sect. A.4, document A/CN.9/290; the UNCITRAL Legal Guide has been published by the United Nations under Sales No. B.87.V.10, document A/CN.9/SER.B/2. 267Ibid., sect. B, document A/CN.9/291. 268Ibid., chap. Ill, sect. A, document A/CN.9/287. 269Ibid., chap. IV, document A/CN.9/292. 270Ibid., chap. VI, document A/CN.9/293. "'Adopted without a vote. 272See A/42/836. 273General Assembly resolutions 3201 (S-VI) and 3202 (S-VI). 274General Assembly resolution 3362 (S-VII). 275Adopted by a recorded vote of 114 to none, with 40 abstentions. 276See A/42/836. 277 Adopted without a vote. 278See A/42/766. 27"General Assembly resolution 2625 (XXV), annex. 280General Assembly resolution 3314 (XXIX), annex. 281General Assembly resolution 37/10, annex. 282Adopted without a vote. 283See A/42/833. 284 A/42/718. 2RSAdopted by a recorded vote of 131 to none, with 24 abstentions. 2"6See A/42/834. 287Adopted by a recorded vote of 136 to none, with 20 abstentions. 288See A/42/815. 289General Assembly resolution 37/10, annex; the text of the Declaration is also reproduced in Juridical Yearbook, 1982, p. 103. Âdopted without a vote. "'See A/42/769. 292Adopted without a vote. ^See A/42/816. Ôfficial Records of the General Assembly, Forty-second Session, Supplement No. 43 (A/42/43).

131 '"For the report of the Special Committee, see Official Records of the General Assembly, Forty-second Session, Supplement No. 33 (A/42/33). "•A/AC.182/L.51. 297 A/AC. 182/L.52. 298 A/AC. 182/L.52/Rev.l. 2wA/AC.182/L.43/Rev.l. «"A/AC. 182/L.43/Rev.2. 301 A/AC. 182/L.38/Rev.3. 302A/AC.182/L.48. 303Adopted without a vote. «"See A/42/817. Ôfficial Records of the General Assembly, Forty-second Session, Supplement No. 33 (A/42/33). '"Adopted by a recorded vote of 133 to none, with 22 abstentions. "'See A/42/818. '""General Assembly resolution 2625 (XXV), annex. '"'Adopted by a recorded vote of 153 to 2, with 1 abstention. 310See A/42/832. '"A/42/519 and Corr.l and Add.l. 3l2For detailed information, see Official Records of the General Assembly, Forty- second Session, Supplement No. 26 (A/42/26). 3l3United Nations, Treaty Series, vol. 11, p. 11. ''"Adopted without a vote. 315See A/42/878. "'Adopted by a recorded vote of 145 to 1, with no abstentions. "7See A/42/878. 318A/C.6/42/L.12. '"Adopted without a vote. 320See A/42/819, para. 11; A/42/PV.94. 321 Adopted without a vote. 122See A/42/885. 323A/C.5/42/14 and Corr.l. 324Adopted without a vote. 325See A/42/823. '26A/42/694 and Corr.l. 327With regard to the adoption of instruments, information on the preparatory work, which by virtue of the double-discussion procedure normally covers a period of two years, is given in order to facilitate reference work in the year during which the instrument was adopted. 328ILC, 73rd session, 1987, Record of Proceedings, No. 2; No. 14, pp. 43-45, and No. 31, pp. 1-2. Official Bulletin, vol. LXX, 1987, Series A, No. 2, pp. 92-94. Ôfficial Bulletin, vol. LXX, 1987, Series A, No. 3, p. 99, pp. 102-105, pp. 128-132; English, French and Spanish. Regarding preparatory work, see: Seafarers' welfare at sea and in port, ILC, 74th (Maritime) session, 1987, Report II (this report contains, inter alia, details of the action which led to the placing of the question on the agenda of the Conference), 45 pages; Arabic, Chinese, English, French, German, Russian and Spanish. See also ILC, 74th (Maritime) session, 1987, Record of Proceedings, No. 12; No. 17, pp. 2-4; No. 18, p. 6, pp. 10-13; English, French and Spanish. Ôfficial Bulletin, vol. LXX, 1987, Series A, No. 3, p. 99, pp. 105-112; English, French and Spanish. Regarding preparatory work, see: Health protection and medical care for seafarers, ILC, 74th (Maritime) session, 1987, Report IV (this report contains, inter alia, details of the action which led to the placing of the question on the agenda of the Conference), 45 pages; Arabic, Chinese, English, French, German, Russian and Spanish. See also ILC, 74th (Maritime) session, 1987, Record of Proceedings, No. 13; No. 17, pp. 5-7; No. 18, pp. 18-20; English, French and Spanish.

132 "'Official Bulletin, vol. LXX, 1987, Series A, No. 3, p. 99, pp. 113-122; English, French and Spanish. Regarding preparatory work, see: Social security protection for seafarers including those serving in ships flying flags other than those of their own country, ILC, 74th (Maritime) session, 1987, Report 111(1 ) (this report contains, inter alia, details of the action which led to the placing of the question on the agenda of the Conference), and Report 111(2), 49 and 45 pages, respectively; Arabic, Chinese, English, French, German, Russian and Spanish. See also ILC, 74th (Maritime) session, 1987, Record of proceedings, No. 14; No. 18, pp. 2-6; No. 19, pp. 1-2, pp. 8-9; English, French and Spanish. "'Official Bulletin, vol. LXX, 1987, Series A, No. 3, p. 99, pp. 122-127, p. 133; English, French and Spanish. Regarding preparatory work, see: Revision of the Repatriation of Seamen Convention 1926 (No. 23) and of the Repatriation (Ship Masters and Apprentices) Recommendation, 1926 (No. 27), ILC, 74th (Maritime) session, 1987, Report V (this report contains, inter alia, details of the action which led to the placing of the question on the agenda of the Conference), 47 pages; Arabic, Chinese, English, French, German, Russian and Spanish. See also ILC, 74th (Maritime) session, 1987, Record of Proceedings, No. 15; No. 18, pp. 6-9; No. 19, p. 2, pp. 10-13; English, French and Spanish. "'This report has been published as Report III (Part 4) to the 73rd session of the Conference and comprises two volumes: vol. A: "General report and observations concerning particular countries" (Report III (Part 4A)), 487 pages; English, French and Spanish; vol. B "General survey of the reports on the Guarding of Machinery Convention (No. 119) and Recommendation (No. 118), 1963 and on the Working Environment (Air Pollution, Noise and Vibration) Convention (No. 148) and Recommendation (No. 156), 1977" (report III (part 4B)), 230 pages; English, French and Spanish. '"Official Bulletin, vol. LXX, 1987, Series B, Supplement 1. "'Ibid., vol. LXIX, 1986, Series 3, No. 3. ""Ibid., vol. LXX, 1987, Series B, No. 1. "Ibid., No. 2. ""See Juridical Yearbook, 1982, p. 234. "'United Nations, Treaty Series, vol. 33, p. 261. wlbid., vol. 150, p. 67. M'Ibid., vol. 4, p. 275. ^Records of the General Conference, vol. 1, Resolutions, resolution 24C/ 31.1. ^Records of the General Conference, vol. 1, Resolutions, resolution 24C/ 31.2. '"Adopted by the General Conference on 1 November 1985 at its twenty-third session, held at Sofia. ^Document 24C/121, annex. '"United Nations, Treaty Series, vol. 943, p. 178. wlbid., vol. 496, p. 43. ™Ibid., vol. 866, p. 67. wlbid., vol. 1144, p. 3. ^UNESCO's Standard-Setting Instruments (UNESCO publication, Sales No. V.2.A.6). "'Document IGC(1971)/VII/22. "2IGC(1971)/SC.II/6. '"United Nations, Treaty Series, vol. 496, p.43. '"ILO/UNESCO/WIPO/ICR.! 1/8. '55UNESCO/PRS/CLT/TPC/SPL/6 and resolution 15.3, adopted at the session. 356UNESCO/CPY/PD/ICS/3 and resolution 15.2, adopted at the session. 357UNESCO/WIPO/CGE/DCM/4. ""UNESCO/WIPO/CGE/AAR/4. "'UNESCO/WIPO/CGE/PW/4. ""United Nations, Treaty Series, vol. 704, p. 219. "'Ibid., vol. 860, p. 105. "'Ibid., vol. 974, p. 177. *3Ibid., vol. 14, p. 185, and vol. 377, p. 380.

133 '"By W.J. Curran, A.E. Arif and D.C. Jayasuriya. "'By D.C. Jayasuriya, Digest, vol. 38, no. 4. ""United Nations, Treaty Series, vol. 2, p. 134. "The text of the MIGA Convention and of the official commentary thereon are reproduced in 1 ICSID Review — Foreign Investment Law Journal 145 (1986). ""The ICSID Convention is reproduced in Juridical Yearbook, 1966, p. 136. "'See "List of Contracting States and signatories of the Convention", in document ICSID/3. ""Further information on disputes submitted to ICSID appears in the Centre's semi- annual newsletter News from ICSID and in the brochure ICSID Cases 1972-1987 (ICSID/16/Rev.l, July 1987). "'English translation prepared by the Secretariat of the United Nations on the basis of a French version provided by UPU. 372United Nations, Treaty Series, vol. 289, p. 3. 373PCUA 2/5, annexes 1 and 2. 374LEG/ES.l/5. "'LEG 58/1 2, annex 2. "«LEG/MISC/1. "'Resolution A.621(15) of 19 November 1987. "«Document JIGE(IV)2, circulated by IMO under the symbol LEG/MIM/12 and in UNCTAD under the symbol TD/B/C.4/AC.8/12. "'United Nations, Treaty Series, vol. 1059, p. 191. 380EB 87/32/INF.2. *"EB 87/30/R.23. 382EB87/31/R.53. 383Ibid. 3MIbid. "'Governing Council resolution 51 /XI, document GC 1 I/Resolutions. 386EB87/32/R.91. 387GC 1 1/L.6. ""Governing Council resolution 49/XI, document GC 1 1 /Resolutions. ""Governing Council resolution 48/XI, document GC 1 I/Resolutions. 390GC 1 1/L.6, L.7 and L.8; GC 1 I/Resolutions (resolution 52/XI). 3"United Nations, Treaty Series, vol. 276, p. 3. 392INFCIRC/274/Rev. 1. 3'3INFCIRC/335.

3'The same States which signed the Early Notification Convention, excluding Yugoslavia. 396The same States which expressed consent to be bound by the Early Notification Convention, excluding Sweden. 3'7United Nations, Treaty Series, vol. 1063, p. 265. "«Ibid., vol. 956, p. 251. wlbid., vol. 729, p. 161. «"Ibid., vol. 634, p. 281. «"INFCIRC/350. ^UNIDO/PBC.l/o, Excerpt on legal services. ""United Nations, Treaty Series, vol. 1401, p. 3. ^GC.l/INF.6. «»GC.2/3 and IDB.3/7. «"GC.2/3 and IDB.3/28. «"GC.2/2. "«UNIDO/DG/B.^, chap. U.C. «"UNIDO/DG/B.19, chap. U.C. 4'°GC.1/INF.6.

134 4"Ibid. 4l2Ibid. 4nGC.2/3. 414GC.2/INF.4. 415Ibid.

135

Chapter IV

TREATIES CONCERNING INTERNATIONAL LAW CONCLUDED UNDER THE AUSPICES OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZATIONS

[No treaties concerning international law were concluded under the auspices of the United Nations and related intergovernmental organizations in 1987.]

137

Chapter V1

DECISIONS OF ADMINISTRATIVE TRIBUNALS OF THE UNITED NATIONS AND RELATED INTERGOVERNMEN- TAL ORGANIZATIONS

A. Decisions of the Administrative Tribunal of the United Nations2

1. JUDGEMENT No. 389 (4 JUNE 1987): HRUBANT AND EIGHT OTHERS v. THE SECRETARY-GENERAL OF THE UNITED NATIONS'

Request for promotion to the S-3 level pursuant to the "7974 agreement" — Secretary-General's discretionary power was limited by the agreement — Terms of the agreement were valid until a new promotion system had been approved — Question of interpretation of the terms of the agreement

In a memorandum dated 3 April 1974 addressed to the Under-Secretary- General for the Department of Administration and Management, the Assistant Secretary-General for General Services summarized a series of points on which understanding had been reached between representatives of the Office of General Services (OGS) and staff representatives of the Security and Safety Section of OGS. With respect to promotions from the S-2 level to the S-3 level, the memorandum stated: "... (b) While Security Officers may expect advancement to S-3 in the normal course of a career, promotions will be based on seniority and satisfactory performance." Accordingly, from 3 April 1974 onwards the procedure for promotion from the S-2 level to the S-3 level was governed by the terms of that agreement.

In June and July 1981, the Applicants, United Nations Security Officers, not having been included in the 1981 promotion register, instituted recourse procedures claiming that they had met the criteria required for promotion from the S-2 to the S-3 level, i.e., seniority in grade and a record of performance that had consistently been rated as more than satisfactory. The Tribunal first addressed the question of whether the "1974 agreement", as set out above, was binding on the Administration, and the Tribunal held that: "... just as the Secretary-General's discretion in connection with promotions [was] limited by the provisions of the existing Staff Regulations and Rules, his discretionary powers [were] also limited by an agreement, entered into by the Secretary-General, or his authorized representatives, within the exercise of his powers."

139 Furthermore, the Tribunal noted that inasmuch as the Respondent had conceded that during the 1981 promotion review the new 1981 system of promotions had not yet been approved on behalf of the Secretary-General and the 1974 agreement was still in force, it followed that the Secretary-General's discretion was limited by the 1974 agreement and that any promotion review undertaken at the time should have abided by its terms. The Applicants and the Respondent agreed that the 1974 agreement had been applied to the recourse procedures; however, the Applicants have asserted that their non-inclusion in the revised promotion register resulted from an erroneous interpretation of the agreement. They claimed that "all those with satisfactory performance would have been eligible in principle for promotion, i.e., all those whose performance was outstanding, very good or adequate". Thus, the actual promotion would then have been decided on the basis of seniority, whereas, in die Respondent's view, among those whose performance was satisfactory (i.e., at least adequate), not only seniority, but also the different levels of performance would have been taken into account. The Tribunal observed that the Office of Personnel Services had erroneously advised the Appointment and Promotion Panel that the recourse reviews should be conducted within the context of the agreement, taking into account seniority and demonstrated good performance. As the Tribunal noted, the text of the agreement did not refer to "good performance" but to "satisfactory performance". Moreover, according to the Respondent's interpretation, performance was to be assessed not only on the basis of the periodic reports, but also on the basis of personal comments from the supervisors during the proceedings before the Appointment and Promotion Panel. The Tribunal concluded, however, that the consideration of oral remarks (not subject to rebuttal by the staff member) was contrary to the terms of the 1974 agreement, which should have been applied only taking into account objective data. The Tribunal, agreeing with the Applicants' interpretation of the terms of the agreement, held that, having once reached the threshold of satisfactory performance, security officers should be promoted in order of seniority. In other words, those most senior would be promoted first provided they had rendered satisfactory performance. For the above reasons, the Tribunal ordered that those Applicants who had since been promoted to the S-3 level be granted as many months of additional seniority at the S-3 level as were necessary to place them in the position in which they would have been had they been included in the 1981 Security Service promotion register and had their promotion been implemented according to the 1974 agreement. As for the Applicants who were still serving at the S-2 level, the Tribunal ordered that their future promotions should be governed by the guidelines set forth in the present judgement. Compensation was also awarded.

2. JUDGEMENT No. 390 (5 JUNE 1987): WALTER v. THE SECRETARY-GENERAL OF THE UNITED NATIONS"

Request for implementation of promotion from G-5 to P-2, granted by the Executive Director of UNITAR just before his term ended and suspended by the new Executive Director — Entitlement of the Director to exercise his authority until his term of office expired — Appointment and Promotion Board's negative

140 advice on the promotion is not binding on the Executive Director—No legal justification for the suspension of the decision of the former Executive Director — Question of whether the Applicant's promotion to the Professional category was valid upon her assignment to the United Nations Secretariat

The Applicant entered the service of the United Nations in 1963, and since 1968 the Applicant had been assigned to UNITAR, "an autonomous institution... within the framework of the United Nations". It was a matter of record that the Applicant had been performing Professional-level duties, and on 16 December 1982, just before his term ended on 31 December, the Executive Director of UNI- TAR promoted her from the G-5 level to the P-2 level, with effect from 1 December 1982. However, when the new Executive Director took over, he decided to suspend the decision. Subsequently, the Applicant's post was abolished and she was reassigned to the United Nations Secretariat and placed against a temporary G-5 level post. The Respondent had disputed the validity of the Applicant's promotion, stressing that the Executive Director had taken the decision just before his term ended. However, noting that the Respondent did not allege any impropriety, such as favouritism, in the promotion of the Applicant, the Tribunal considered that the Executive Director was entitled to exercise his authority until his term of office expired. Furthermore, in the Tribunal's view, although the advice of the UNITAR Appointment and Promotion Board was negative as regards the promotion, it was not binding on the Executive Director, who had reached a different conclusion. The Tribunal, noting that there was no legal justification for the suspension of the decision of the former Executive Director and that no suspension procedure had been carried out for that purpose, held that the Applicant's promotion was valid and should therefore take effect. The Respondent contended that, given the validity of the Applicant's promotion, it could only be valid during the period in which the Applicant was in the service of UNITAR, because she had been promoted from the General Service to the Professional category without having to sit a competitive examination, as was required of other staff members of the Secretariat. In this connection, the Tribunal considered a memorandum dated 25 February 1980 from the Director of the Personnel Office at Headquarters addressed to the Executive Director of UNITAR, referring to a "long-established administrative practice" of General Service staff members seconded by the Secretariat to UNITAR "normally" returning to the General Service category at the Secretariat, despite his or her promotion to the Professional category. The Tribunal, however, observing that the Applicant's previous promotions while in the service of UNITAR had been included in the United Nations promotion register, that she had never been advised of the consequences of her assignment in terms of promotion in the context of the Organization as a whole, that the Respondent had not called into question the professional qualities, competence and devotion of the Applicant, and that she had been in the service of the United Nations for almost 25 years and on a permanent contract for 17 years, concluded that the Applicant's promotion was also effective in respect of the Secretariat. In view of the foregoing, the Tribunal held that the Applicant was entitled to the salary attaching to the P-2 level, until such time as the Administration regular- ized her status.

141 3. JUDGEMENT No. 395 (5 NOVEMBER 1987): OUMMIH, GORDON AND GRUBER v. THE SECRETARY-GENERAL OF THE UNITED NATIONS^

Applicants challenge the Secretary-General's decision on the deferment of the implementation of cosl-of-living adjustments in the salaries of General Service staff— Competence of the Secretary-General in the matter — No legal expectancy that the methodology or the consequential adjustments would never be modified or suspended — Interpretation of the legal effect of the decision using the guiding principle that it should be construed as having a lesser rather than greater adverse effect on the rights of the staff under the Staff Regulations and Rules — Right of the staff to be informed with reasonable clarity of an important aspect of staff compensation — Acquired right under regulation 12.1 to the payment of the cost-of-living adjustment until the General Assembly decision of 9 May 1986 — Question of consultation with ICSC in the matter — Tribunal not empowered to question sovereign authority of the General Assembly to take the decision — Accepted principle of law that the actions of any party are presumed to be in accord with and to honour prior legislation and commitments — Question of violation of the principle of equality

The Applicants, members of the General Service category, challenged the Secretary-General's decision not to pay the cost-of-living adjustment due them effective 1 February 1986, because of the financial situation of the Organization. Cost-of-living adjustments under the post adjustment scheme had been frozen for the staff of the Professional and higher categories since 1984. The Tribunal noted that there was no dispute that the methodology for adjusting General Service salaries thus established had statutory force, and that it might be altered by the Secretary-General in exercise of his power under the Staff Regulations and Rules, subject to the requirements of good faith, intervention by the International Civil Service Commission (ICSC) and adequate consultation with the staff. In rejecting the Applicants' argument that the methodology also had contractual force and therefore could not be modified unilaterally by the Respondent, the Tribunal stated that the fact that the Applicants' contracts of employment incorporated by reference the Staff Regulations and Rules was of no consequence in this case since the action taken by the Secretary-General did not involve a change in methodology, but rather was a decision to withhold payment of the amount produced by application of the methodology. Furthermore, the Tribunal was not aware of any basis for staff members to have or have had a legal expectancy that the methodology or the consequential adjustments would never be modified or suspended; no promise or assurance, expressed or implied, was ever given to that effect. On 20 March 1986, the Secretary-General announced to the staff in Secretary-General's bulletin ST/SGB/217 his decision: ". . . deferment of the implementation of cost-of-living adjustments in the salaries of staff in the General Service and related categories at the eight main duty stations." (emphasis added) The Secretary-General stated in this connection: "I realize, in particular, that the deferment of cost-of-living adjustments affects the lowest-paid categories of staff, and I wish to state that it is my intention to lift this deferment as soon as practicable." (emphasis added)

142 In the opinion of the Tribunal, the above decision was announced in ambigu- ous terms. It was not clear if the adjustment was to be withheld for the time being or if the intent was to permanently deprive the staff of the adjustments, and there was a substantial difference between a temporary withholding (however prolonged) of a sum otherwise due and, in effect, the abolition of the entitlement to receive it. Given this ambiguity, the Tribunal considered that it was open to interpret its legal effect and in so doing followed the guiding principle that the decision should be construed as having a lesser rather than a greater adverse effect on the rights of the staff under the Staff Regulations and Rules. Furthermore, the Tribunal found that inherent in the employment relationship was a right on the part of the staff to be informed with reasonable clarity of the abolition of an important aspect of staff compensation for a specified or indefinite future period, and that this right existed irrespective of an emergency situation. The Tribunal concluded that the Secretary-General's decision, which was within his authority under regulation 3.1 and rule 103.2 of the Staff Regulations and Rules, must therefore be interpreted as only a decision to withhold payment temporarily. Moreover, the Tribunal observed that even if on 20 March 1986 the Secretary-General had made clear that the decision would apply retroactively to the period beginning 1 February 1986, to that extent that the Tribunal would hold the decision to have no effect since the Applicants had an acquired right under regulation 12.1 to be paid for the work they performed before the announcement of the decision, including the cost-of-living adjustment due in respect of that period. In response to the Applicants' argument that the Secretary-General's decision was invalid for lack of intervention of ICSC, the Tribunal considered that the scope of any obligation that may have existed to consult ICSC would depend on the degree, if any, to which the matter was within the competence of ICSC. Here the Tribunal found that since the 20 March 1986 decision had the effect of a temporary withholding, there was no requirement to consult with the Commission. Subsequently, by its decision 40/472, of 9 May 1986, the General Assembly decided that the "Secretary-General should proceed according to proposals made in his report, taking into account the report of the Fifth Committee", wherein it was stated that the cost-of-living adjustments, when they were resumed, should not be applied retroactively. The Tribunal stated that it was not empowered to question the sovereign authority of the General Assembly to take this decision, citing the International Court of Justice advisory opinion of 20 July 1982 in the Application for Review of Judgement No. 273 of the United Nations Administrative Tribunal (Mortished). Furthermore, the Tribunal noted that from 9 May 1986 onwards the staff was clearly on notice that the cost-of-living adjustment was not merely being delayed but was being cancelled. The Tribunal, however, disagreed with the Respondent's view that the General Assembly's decision divested the Secretary-General of discretion to pay General Service staff the cost-of-living adjustment withheld in respect of the full period beginning 1 February 1986. The Tribunal was of the view that the General Assembly's decision to cancel the cost-of-living adjustment was intended to be effective in consonance with existing Staff Regulations, i.e., only with respect to the period after 9 May 1986. Had the General Assembly specifically decided to abrogate regulation 12.1, it would have made this clear. The Tribunal stated that it was an accepted principle of law that, unless no other interpretation was reasonably permissible, the actions of any party, includ-

143 ing a sovereign authority, were presumed to be in accord with and to honour prior legislation and commitments. The Tribunal therefore considered that the 9 May 1986 decision of the General Assembly was not a deliberate abrogation of the acquired rights of the staff, but a prospective measure without prejudice to acquired rights. The Tribunal, citing United Nations Administrative Tribunal Judgements No. 82 (Puvrez), paragraph VII, and No. 295 (Sue-Ting-Len), paragraph X, held that there was no acquired right to salary, including cost-of-living adjustment, accruing after the adoption of the General Assembly's decision on 9 May 1986. The Applicants had further argued that, inasmuch as the decisions of the Secretary-General and of the General Assembly applied only to staff at the eight headquarters duty stations, constituting only some of the General Service, the principle of equality, pursuant to Article 8 of the Charter of the United Nations, was violated. However, the Tribunal, citing ILO Administrative Tribunal Judgement No. 391 (In re de Los Cobos and Wenger), in which it was stated that "the principle of equality means that those in like case should be treated alike, and that those who are not in like case should not be treated alike", state that the Respondent and the General Assembly were therefore entitled to take into consideration such differing circumstances as different levels of remuneration or of inflation affecting the cost of living at different duty stations, and the numbers employed at those stations. In view of the foregoing, the Tribunal ordered the Secretary-General to pay each of the Applicants the cost-of-living adjustment in respect of the period from 1 February 1986 to 9 May 1986.

4. JUDGEMENT No. 399 (9 NOVEMBER 1987): WALSH v. THE SECRETARY- GENERAL OF THE UNITED NATIONS"

Applicant challenges methodology used to calculate his emoluments upon promotion from FS-5 to P-2 — Question of whether promotion was consistent with administrative instruction STIAI 1279 and rule 103.9 of the Staff Rules — Understanding of the term "promotion" — Staff member cannot be bound by unpublished memorandum — Methodology applied did not represent a reasonable or permissible interpretation of administrative instruction ST/AI/279 or staff rule 103.9

In 1981, the Applicant, a Field Service Officer at the FS-5 level, was successful in the competitive examination for promotion from the General Service to the Professional category and as a result was promoted to P-2. However, the Applicant complained that the methodology used by the Respondent effectively froze his emoluments for several years and as a result did not constitute a "promotion" in real terms. The Tribunal was in agreement with the Respondent that the issue was whether the Applicant had been promoted consistent with administrative instruction ST/AI/279 and with rule 103.9 of the Staff Rules. The relevant part of the administrative instruction provides, in paragraph 17: "Successful candidates who are at the top level of the local General Service salary scales or at the FS-5 level will be recommended for promotion to P-2... The salary step at the P-l or P-2 level will be determined on the basis of staff

144 rule 103.9 on salary policy in promotions. At duty stations where a General Service staff member's emoluments in local currency, when computed for promotion purposes under that rule, exceed the ceiling step of P-l or P-2, as the case may be, the staff member will be paid a personal transitional allowance in an amount sufficient to meet the requirements of that rule." Apart from the foregoing, the Tribunal was unaware of any authoritative text that specifically dealt with the question of how to place Field Service Officers serving at one duty station, being sent on promotion to another as a member of the Professional staff. It noted, however, that the Respondent, in determining the Applicant's starting point in the Professional scale at Vienna, seemed to have relied on an unpublished memorandum of 1977, which modified a prior 1974 memorandum proposing a methodology now advocated by the Applicant and which, though not officially adopted, had been followed in the past. The 1977 memorandum provided that any reduction in the amount of take-home pay of the Applicant resulting from the manner of setting the starting point on the scale following the promotion was to be made up by a personal transitional allowance, which in turn was gradually absorbed over the years by annual increments. It was acknowledged that this might result in a staff member over the years not receiving any significant financial benefit from his promotion, which was what happened to the Applicant. The Tribunal was of the view that unless and until a proper review of the problem arising from promotion of Field Service Officers to the Professional category had been undertaken comprehensively, the balance of the argument favoured the Applicant. In this connection, the Tribunal considered that the Respondent's failure to take into account the invariable element of the Field Service monthly mission allowance (MMA) less the assignment allowance in determining the comparable P-2 step rate, which was the method the Applicant advocated, must be justified by a reasonable interpretation of ST/AI/279 or staff rule 103.9. The Tribunal, however, concluded that there was no justification for the Respondent's interpretation of ST/AI/279 or staff rule 103.9. The Tribunal noted that the Respondent had relied on the last sentence of paragraph 17 of ST/AI/279 as justifying the methods used by him. However, the Tribunal observed that, read literally, that sentence had no application to Field Service employees, but applied only to General Service employees. Moreover, as the Tribunal noted, the provision left unclear the question of how long the personal transitional allowance was to be paid and how, if at all, it was to be phased out. In this connection, the Tribunal noted that under the methodology applied by the Respondent in the Applicant's case, the personal transitional allowance turned out to be close in amount to what he would have received had the methodology he advocated been followed. However, the personal transitional allowance for the Applicant would have been phased out over approximately five years by annual reductions equivalent to the normal step increases he could have expected to have received over that period. In effect, the Applicant, having succeeded in a competitive examination and having earned a promotion, was being obliged to forgo the normal annual increases which he would have received had he remained an FS-5. As the Tribunal noted, in the Applicant's situation, this had an especially harmful effect because he was to reach retirement age around the end of that period and, thus, his pension entitlement would have been adversely affected. Taking all of those circumstances into account, the Tribunal was unable to accept that such treatment of the Applicant

145 could reasonably be described as a "promotion", either within the common understanding of that term or as was contemplated by the General Assembly when it established the competitive examination procedure, or as was contemplated under ST/AI/279 or staff rule 103.9. The Tribunal further noted that the Respondent had also sought to justify his methodology as binding upon the Applicant because it was purportedly described in a memorandum dated 15 December 1977; however, in the opinion of the Tribunal, the memorandum had never been published, or even brought to the attention of the Applicant before he accepted the promotion. The Tribunal, citing Judgement No. 390, Walter, 1987 (see sect. A.2 above), stated that in order to meet the basic elements of due process, a staff member could not be bound by an unofficial, unpublished memorandum, particularly when he had no notice of it or of its consequences. The Respondent also contended that, since the 1974 methodology on which the Applicant relied was also unpublished, it should not constitute a source of authority for the Applicant's argument that the invariable element of the MMA less the assignment allowance should be taken into account in arriving at the proper step at the P-2 level, as had been done on an exceptional basis in an earlier case of conversion of a Field Service Officer to the Professional category. The Tribunal, however, did not view any earlier cases of this nature as precedents, stating that, at most, those cases indicated that, at least at one point, the Respondent had recognized the reasonableness of the methodology advocated by the Applicant. The Tribunal further stated that thus, when the Applicant had entered the Professional category as a result of promotion following a competitive examination, he could at least have expected treatment not less favourable than that accorded to the previous Field Service Officer converted to the Professional category. The Tribunal concluded that the methodology applied by the Respondent in the Applicant's circumstances did not represent a reasonable or permissible interpretation of administrative instruction ST/AI/279 or staff rule 103.9 and strongly endorsed the Joint Appeals Board's view that "steps be taken within the appropriate administrative and staff/management organs to devise, implement and publicize a coherent policy and methodology which can be used system-wide and in all circumstances for determining the level, step and remuneration of Field Service staff members who are promoted to the Professional category." Accordingly, the Tribunal ordered that the Applicant's emoluments, effective 1 March 1982, should be recalculated by adding the difference between the invariable element of the Field Service MMA and the Professional category assignment allowance to his net base Field Service salary and then by granting him the net base salary in the Professional category nearest to the resulting amount, plus one step as required by staff rule 103.9, and that the Applicant's subsequent emoluments be recalculated accordingly with an appropriate retroactive adjustment paid to him. 5. JUDGEMENT No. 401 (12 NOVEMBER 1987): UPADHYA v. THE SECRETARY- GENERAL OF THE UNITED NATIONS'

Discriminatory treatment of a staff member determined by the Panel to Investigate Allegations of Discriminatory Treatment — Unjustified delay of the Respondent in replying to the Applicant's appeal — Competence of the Joint

146 Appeals Board in the matters raised by the Applicant — Prompt and effective action has to be taken to remedy discriminatory treatment

In 1981, the Panel to Investigate Allegations of Discriminatory Treatment had concluded that the Applicant had been treated in a discriminatory manner by his department (Department of Political and Security Council Affairs). In response, the Assistant Secretary-General for Personnel Services informed the Under-Secretary- General for Political and Security Council Affairs of the conclusions of the Panel and requested from him a plan for the Applicant's career development with the department. As the Applicant was unsuccessful in his efforts to be promoted to the P-5 level in 1981 or 1982, the Assistant Secretary-General for Personnel Services on 19 March 1984 authorized the implementation of the Applicant's promotion to the P-5 level, effective 1 June 1983, after the Under-Secretary-General for Political and Security Council Affairs did not immediately implement the Applicant's promotion pursuant to the 1983 promotion register. In the meantime, the Applicant had filed an appeal with the Joint Appeals Board (JAB). The Tribunal first considered the conclusion of the JAB that, because of a three-year delay on the part of the Respondent in replying to the Applicant's appeal, and his promotion in 1984, effective 1 June 1983, the JAB did not consider itself competent to consider the Applicant's claims of discrimination. Although the Tribunal recognized that the passage of time and the intervening promotion rendered moot the question of whether the JAB should recommend promotion as a remedy for discrimination that it might have found, that did not in the Tribunal's view exhaust the range of further recommendations, depending upon how the JAB would have assessed the related matters raised by the Applicant, such as the alleged continuing discriminatory treatment against the background of the report of the Panel to Investigate Allegations of Discriminatory Treatment, or the issue of the unjustified delay of the Respondent in answering the Applicant's appeal. The Tribunal concluded that the JAB had taken an excessively narrow view of its own competence to deal with the problems presented to it and that this was not in keeping with the rationale underlying its advisory functions. The Tribunal noted that the the Panel had concluded, inter alia, that the Applicant had been treated unfairly in being bypassed for promotion and recommended that the Office of Personnel Services play an active role in ensuring him a fair chance for career development within or outside his Department. While the Panel might have explained more clearly the rationale underlying its conclusions and might also have been more specific with regard to the remedy it recommended, the Tribunal considered that the Panel had investigated the Applicant's claims carefully and satisfied itself that they were sufficiently meritorious to warrant a determination of unfair treatment. The Tribunal further considered such a Panel determination highly significant because, firstly, it was fundamental that no staff member should be subjected to discriminatory treatment and it was of the utmost importance to the integrity of the Organization that prompt action be taken to remedy such treatment; and, secondly, it was equally fundamental that, after a Panel determination of discrimination, the victim must not be retaliated against for having claimed discrimination, and strong efforts should be made by the Administration to avoid even the appearance of such retaliation. In this connection, following the Panel's finding that the Applicant had been discriminated against, there was thus, in the Tribunal's opinion, an especially

147 heavy burden on the Administration to provide a prompt and effective remedy, and if one was not forthcoming, to provide clear and convincing evidence of justifiable reasons for this. In this case, the Tribunal was unable to find in the record any adequate explanation for the repeated instances of inability or unwillingness on the part of the Administration to take effective action to remedy in a meaningful fashion the unfair treatment which the Panel found the Applicant had been subjected to prior to 1981. Furthermore, the Tribunal found that the Administration had acted in derogation of the Applicant's rights stemming from the determination of unfair treatment made by the Panel in 1981. In view of the foregoing, the Tribunal strongly urged that in the future the Administration should monitor carefully the Applicant's career to ensure not only that it was in no way prejudiced by the events which had given rise to the Tribunal proceeding, but that he receive the fair treatment to which he was entitled. The Tribunal also awarded US$ 12,000 to the Applicant as compensation for the injuries he had sustained.

6. JUDGEMENT No. 408 (13 NOVEMBER 1987): RIGOULET v. THE SECRETARY- GENERAL OF THE UNITED NATIONS"

Request for a repatriation grant — Prerequisites for payment of a repatriation grant — Those entitled to the grant have to meet relevant requirements set forth in rule 109.5 of the Staff Rules — Tribunal obliged to apply to United Nations staff members the provisions of the United Nations Staff Regulations and Rules irrespective of what other international organizations do

The Applicant, a French national, who had been working at the United Nations Office at Geneva and living in France, had requested payment of the repatriation grant. She had provided the personnel office with papers certifying that she would reside in Strasbourg upon her retirement. In its consideration of the case, the Tribunal identified three prerequisites for payment of a repatriation grant to a staff member, taking account of all relevant factors: ( 1 ) The staff member must be in the category of staff members who are eligible for the repatriation grant. Under annex IV to the Staff Regulations, the staff members in question were those whom the Organization was obligated to repatriate. (2) The fact that under annex IV a staff member was among those whom the Organization was obligated to repatriate did not mean that he or she was automatically entitled to the grant. In order to be eligible for the grant, a staff member must be able legitimately to exercise the right in question by meeting the relevant requirements set forth in rule 109.5 of the Staff Rules. (3) There must not be a legal obstacle to payment of the grant, based on the text of annex IV to the Staff Regulations and of staff rule 109.5. One such legal obstacle concerned any staff member who was residing at the time of separation in his or her home country while performing official duties. The Tribunal, rejecting the Applicant's argument that this exception concerned only a staff member who was both residing and performing official duties in his or her country, concluded that the wording chosen by the legislative authority for the text in question covered both situations, because the justification for

148 withholding the grant was exactly the same: there was no reason to pay a repatriation grant to a staff member who was already residing at the time of separation in his or her home country. The Tribunal noted that in Geneva international organizations adopted different rules or followed different practices in respect of payment of the repatriation grant in similar cases; however, the Tribunal was obliged to apply to United Nations staff members the provisions of the Staff Regulations and Rules that were in force. It was not for the Tribunal to establish uniform practice in respect of payment of the repatriation grant. The Tribunal, while concluding that in refusing to pay the repatriation grant to the Applicant, the Respondent had not violated either the Staff Regulations or the Staff Rules, awarded the Applicant $US 2,000 in compensation in view of the special circumstances in which she found herself.

B. Decisions of the Administrative Tribunal of the International Labour Organization9 1. JUDGEMENT No. 803 (13 MARCH 1987): GROVER v. INTERNATIONAL COMPUTING CENTRE (WORLD HEALTH ORGANIZATION)10

Question of the conclusion of an employment contract — Conditions for formulation of a valid contract— UNOG officials do not have competence to make commitments that would bind the International Computing Centre — Right of the complainant to payment for work he did

The International Computing Centre (ICC) provides computer services for the agencies of the United Nations system. The World Health Organization, which shares premises with ICC, provides ICC with administrative services and the appointment of its staff members. The complainant had a six-month contract with ICC, from 27 February to 26 August 1984; however, his services were at the disposal of the United Nations Office at Geneva (UNOG). He had a second employment contract with UNOG itself, from 28 August to 26 September. On 28 September 1984, the complainant received an offer dated 27 September 1984 for a third employment contract, this time with ICC. The complainant objected to the terms of the offer regarding salary and employee status, but continued to work at the Centre. A work plan antedated 27 September 1984 was appended to the contract and communicated to him on 10 October 1984. He further objected to the work plan, but nevertheless signed and returned the contract. Subsequently, ICC wrote to the complainant on 11 October stating that because he had "changed the appendix" to the contract UNOG would have to agree before the contract could come into effect. The complainant protested in a letter of 12 October, alleging an oral promise by UNOG officials, at the time of his second contract, that the terms of his third contract would be the same as those of the first contract. On 15 October, he was informed by an UNOG official that he was not entitled to a three- month appointment with the Centre and that he must choose between a contract for one month as from 27 September and leaving immediately without any pay at all. The complainant declined to make the choice and from 16 October 1984 he was forbidden access to the work premises.

149 At the outset, the Tribunal determined that it was competent to hear the case, because the matter came within article H, paragraph 4, of its statute and because the International Computing Centre, which is a party to the dispute, is administered by the World Health Organization, which has recognized the Tribunal's jurisdiction. In considering the merits of the case, the Tribunal referred to Judgement No. 621 (in re Pouliri), in which it observed that "no contract can conceivably arise unless there was an unquestioned and unqualified concordance of will on all the terms of the relationship. A contract is concluded only if both parties have shown contractual intent, all the essential terms have been worked out and agreed on, and all that may remain is a formality of a kind requiring no further agreement". In the present case, the Tribunal held that no contract had been concluded between the parties. It was clear on the evidence as set out above that the complainant's acceptance of the offer of 27 September 1984 was neither unquestioned nor unqualified and that no contract had ever been concluded. Moreover, the Tribunal found no evidence to support the complainant's contention that there was an oral agreement between him and UNOG officials that he would be granted a third contract on the same terms as those of the first one, except that it would be for three months. In any event, the other party to the third contract was to be, not UNOG, but the Centre, and no one in UNOG was competent to make commitments that would be binding on the Centre. The Tribunal decided, however, that the complainant should be paid pro rata for the period during which he had worked at the Centre while the exchanges on the third contract were going on. 2. JUDGEMENT No. 809 (13 MARCH 1987): NAJMAN (NOS. 1 AND 4) v. UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION"

Complainant challenges a Director-General's decision to place him on an "unclassified" post on special leave with pay — Consultation with the UNESCO Executive Board required for appointment or renewal of a contract for senior officials — Conditions of rule 105.2(b) of the UNESCO Staff Rules on placing a staff member on special leave without pay were not met—Director-General in making assignments must pay due regard to a staff member's qualifications and experience—Rule 105.2(b) cannot be invoked in place of a disciplinary procedure

The complainant challenged a decision the main effect of which was to put him on special leave with full pay for a period not to exceed one year, and a decision to extend the period of that leave by two months. The complainant had held three two-year appointments at the rank of Assistant Director-General. Assistant Directors-General are not granted permanent appointments but, in accordance with regulation 4.5 of the UNESCO Staff Regulations, are appointed for successive periods not exceeding five years each and which in practice are two years. Before the complainant's third two-year appointment expired, on 31 May 1982, the Director-General of UNESCO wrote to him, on 25 May 1982, informing him that he would receive a one-year extension to 31 May 1983 and then be reassigned, and instead of the praise of earlier years the Director-General indicated in the letter that he expected his loyal support in his new position. With the Director-General's consent, the complainant

150 took study leave from 1 July 1982 until 31 May 1983. On 1 June 1983, the Director of the Office of Personnel wrote to the complainant and informed him that he was to resume duty forthwith at the grade of his permanent appointment, P-5, and was to choose between two posts at that grade, one in Nigeria and one in Samoa. Based on health reasons, he objected to a field assignment in the tropics, and on 30 June 1983 the Director-General informed him that pending a new assignment he would be placed on special leave pursuant to UNESCO Staff rule 105.2(b) from 1 June 1983 until 31 May 1984, and would be against an "unclassified" post with an Assistant Director-General's pay. Furthermore, on 15 May 1984, he was notified that the Director-General had extended his leave to 31 July 1984, to allow time for the Appeals Board to report. The Tribunal, disagreeing with UNESCO's contention that the action was merely an assignment of a P-5 official, pointed out that the Director-General — by creating an "unclassified" post and placing the complainant against it with an Assistant Director-General's salary — had neglected to consult the Executive Board of UNESCO before taking his decision, which was in breach of article 54 of the Board's rules of procedure which required such consultation for appointment or renewal of a contract for officials at the D-1 level and above. The effect of the decision had been to appoint the complainant for a period of up to one year to a grade above D-1, having been placed against a post that carried an Assistant Director-General's pay, even though he had lost his previous Assistant Director- General's post. Thus, the impugned decision may be seen either as ''renewal of a contract" as regards pay, since the complainant was to continue receiving the same amount, or else as an "appointment" to a grade above D-1. The Tribunal also rejected UNESCO's argument that pursuant to staff rule 112.2(b) exceptions should just be "made known" to the Executive Board and that the Board should not be consulted. The Tribunal stated that the Organization could not do away with a safeguard that prescribed that the Board must be consulted when the Director-General wanted to create a senior post and appoint someone against it. In this case, it was all the more imperative as the high-ranking post had been created with no content to it. Moreover, the Tribunal concluded that, in the present case, UNESCO, in placing the complainant on special leave against the unclassified post, had not met the conditions of rule 105.2(b), which required that "exceptional circumstances" must exist in order for a staff member to be placed on special leave with pay — both because of the circumstances that led the Director-General to take the decision and because of the long duration of the special leave. While it is no breach of the letter or spirit of rule 105.2(b) to make a staff member take provisional special leave until some new assignment is found for him, the Tribunal noted that the Director-General had decided as early as May 1982 that the complainant must leave his post on 1 June 1983. Thus, over a year was allowed to go by before the impugned decision was taken, and when the complainant reported for duty (after the Director-General had suggested a few days before that he not report for work) he was offered two posts, both at the P-5 level, and the Tribunal considered this offer tantamount to a sanction. The Tribunal, while noting that UNESCO staff regulation 1.2 made staff members subject to the authority of the Director-General and to assignment by him, his authority was not absolute and "quite plainly he failed in this case to pay due regard to the complainant's qualifications and experience in picking P-5 posts".

151 At one point, UNESCO had accused the complainant of serious shortcom- ings in his conduct as an international civil servant. However, the Tribunal found that the facts did not support his being put on special leave because of any short- comings. In a broader sense, if the Organization's intent was for the decision to have been some sort of disciplinary sanction, then it should have invoked the disciplinary procedure to be followed and not rule 105.2(b). As regards the complainant's other complaint, regarding the two-month extension of the period of his special leave to 31 July 1984, the Tribunal further concluded that, in so far as the decision of 1 June 1983 to create an "unclassified" post and grant special leave to the complainant was unlawful, so was the decision to extend the special leave. In view of the foregoing, the Tribunal declared the impugned decisions unlawful in so far as they placed the complainant in an unclassified post and on compulsory special leave, and awarded the complainant, under article VJJI of its statute, moral damages in the amount of 50,000 French francs, and 100,000 French francs for costs. 3. JUDGEMENT No. 810 (13 MARCH 1987): NAJMAN (NO. 5) v. UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION12

Complainant challenges a decision to assign him at a lower grade to a temporary post—Authority of an executive head of an organization in assigning staff is not absolute — In reviewing the complainant's assignment, the Tribunal relies on general principles that govern the international civil service, particularly that of good faith — Requirement of consultations of the decision with UNESCO Executive Board—Decision tainted with several flaws

The complainant, who previously had served at the Assistant Director- General level, requested the quashing of the decision by the Director-General of UNESCO to appoint him, from 1 August 1984, to a D-l post, as special adviser to the European Centre for Higher Education in Bucharest, where he would remain until some suitable permanent assignment was found for him. For reasons of health the complainant did not take up the post, and he was dismissed on 7 May 1986. The complainant further requested that his status as an official be retroactively restored with reinstatement as an Assistant Director-General, as from the date on which the impugned decision took effect, i.e., 27 July 1984 (and confirmed on 31 December 1985). The Tribunal pointed out that while an executive head had wide discretion in assigning staff in the organization's interest, his authority was not absolute. The lawfulness of his decision was subject to review, albeit limited, so that the Tribunal might not meddle in the actual running of the Organization. The Tribunal can determine whether there is a formal or procedural flaw or a mistake of law or of fact, or whether some essential fact has been overlooked or a clearly mistaken conclusion drawn from the evidence, or whether there is abuse of authority. As the Administrative Tribunal indicated, the executive head had assigned the complainant to a post, but one that was established for only six months, repeating the decisions taken in 1982 and 1983 in that he would later get a final assignment to some post that matched his qualifications and experience. In other words, for over two years and for all the assurances the Director-General

152 himself had given in his decisions of 1982 and 1983, UNESCO was still keeping the complainant waiting. In response to the complainant's argument that rule 104.14 of the UNESCO Staff Rules, which says that when a staff member is to be transferred to a post of lower grade he may elect to be terminated instead, was violated when he was transferred to a lower grade post, the Tribunal concluded, given the peculiar position of the complainant, that the rule might not apply in his case. Rather, the Tribunal preferred to rely on general principles governing the international civil service, particularly that of good faith. The Tribunal explained that good faith required that the staff member being transferred be given proper notice, and not just of a vague intention, but of the nature of the post he is to get and of the duty station. The principle does have to be applied flexibly, and a transfer may be lawful even if no notice is given provided that there is enough time before it takes effect. In the present case, the complainant was not given due notice of the decision of 27 July 1984: (1) the decision was made known five days before it was to come into effect; (2) there was vagueness over his duties and title; (3) the Director of Centre in Bucharest was not consulted; and (4) the matter did not appear urgent. The Tribunal, noting that article 54.1 of the rules of procedure of the Executive Board stated that "the Director-General shall consult the members of the Executive Board with regard to the appointment or renewal of contract of officials at D-l and above ...", rejected the Organization's argument that the Board, however, did not have to be consulted on "non-renewal of promotion, non-renewal of appointment or dismissal of an official at D-l and above". The Tribunal pointed out that since the complainant was not a grade D-l official on the date of the decision the case did concern an appointment at that grade. Therefore, the Director- General was bound by the Board's rules of procedure. Indeed, in the Tribunal's view, there was greater need to consult the Board in that the Director-General and the complainant were in disagreement regarding the latter's assignment. The Tribunal concluded from the above that the decision of 27 July 1984 was tainted with several flaws: (1) even though the Director-General had a long time in which to take the decision, he made it known only a matter of days before the leave expired; (2) there was no preparation for the decision; (3) the duties were not even stated; (4) the Executive Board was not consulted; and (5) the decision was not shown to have served UNESCO's interest. As to the matter of redress, while the Tribunal stated that there was no objection in principle to retroactively restoring the complainant's status as an official over the period covered by the decision, that did not entail appointing him to an Assistant Director-General's post. However, the Tribunal stated that the Director- General would exercise his discretion in executing the judgement and trusted that the matter would be looked into, after consultation with the complainant, in an attempt to reach a settlement. The Tribunal awarded moral damages in the amount of 50,000 French francs and 25,000 French francs in costs. 4. JUDGEMENT No. 832 (5 JUNE 1987): AYOUB, LUCAL, MON AT, FERRET- NGUYEN AND SAMSON v. INTERNATIONAL LABOUR ORGANIZATION^

Challenge to the new scale of pensionable remuneration — Question of the receivability of the application founded on article 3.1.1 of the ILO Staff Regulations—Acquired right is a general principle—Definition of an "acquired

153 right" — Tests used by the Tribunal to determine whether the altered term of appointment is fundamental and essential — International organization is bound by general principles of law

The complainants requested the quashing of the decisions to apply to them the new scale of pensionable remuneration (as from 1 April 1985), which resulted in a reduction in their pension contributions and thus also in the amount of their future pensions, alleging breach of their acquired rights. The Tribunal considered whether the application was receivable. Although the complainants' case did not rest on any breach of their contract or any provisions of the Staff Regulations, the application of article 3.1.1 of the Staff Regulations, which brought the new scale into effect, caused the complainants injury. The Tribunal, rejecting the Organization's argument that article 3.1.1 was merely a corollary of article 54(b) of the Regulations of the United Nations Joint Staff Pension Fund, thereby precluding review of any decision taken under article 3.1.1, concluded that the latter was an "independent" provision and that it could hear complaints impugning decisions that were founded on it. As to the substance of the claims, ILO had claimed that the complaints were misdirected, in that they challenged the reckoning of pensionable remuneration whereas what was really at issue was the reckoning of the remuneration used in calculating pension contributions. However, the Tribunal noted that the complaints impugned decisions to apply article 3.1.1, which was a provision that determined pensionable remuneration and therefore that the Tribunal was required to rule on the actual amount of such remuneration. Secondly, there was a close connection between pensionable remuneration and the remuneration used in reckoning pension contributions: the remuneration on which contributions were based may not be lower than the remuneration that gave right to a pension, and when the former fell, so did the latter. Even if the complaints had a direct bearing only on the reckoning of contributions, they would indirectly raise the question of the reckoning of the pension. As regards the complainants' argument that their acquired rights had been violated, the Tribunal, rejecting the Organization's inference that staff members under article 49 (b) of the Pension Fund Regulations could rely on their acquired rights only up to the date of adoption of the new scale, stated, inter alia, that since the doctrine of acquired rights was a "general principle" it did not matter whether article 49 (b) of the Pension Fund Regulations construed acquired rights widely or narrowly. Moreover, article 14.7 of the ILO Staff Regulations provided for the protection of acquired rights. The Tribunal, while acknowledging that the meaning of the term "acquired rights" was debatable, defined the right as "one the staff member may expect to survive any amendment of the rules". In its decision in Judgement No. 61 (in re Lindsey), the Tribunal held that the amendment of a rule to an official's detriment and without his consent amounts to breach of an acquired right when the structure of the contract of appointment is disturbed or there is impairment of any fundamental term of appointment in consideration of which the official accepted appointment. Moreover, the Tribunal used three tests to determine whether the altered term of the staff member's appointment was "fundamental and essential",

154 depending on (a) the nature of the altered term; (b) the reason for the change; and (c) the consequence of allowing or disallowing an acquired right. The Tribunal considered that pensionable remuneration had greatly altered with circumstances, and that the calculation of the pension depended on such factors as the cost of living, currency rates and rates of tax in the country of the pensioner's residence — variables that might preclude the creation of acquired rights — and to treat pensionable remuneration as a fundamental condition of service, an acquired right and therefore inviolate, might be to overlook the real difficulties facing the Pension Fund and the agencies. The Tribunal concluded that because the altered term was in the rules and because of the reasons for the amendment, and notwithstanding the financial injury to the complainants, no breach of an acquired right had occurred. However, the Tribunal also stated that if the injury increased because of future decisions there might be a further review. Furthermore, the Tribunal stated that although the complainants had no acquired right in that regard, an international organization should refrain from any measure which was not warranted by its normal functioning or the need for competent staff. It was bound by the general principles of law such as equality, good faith and non-retroactivity and should act from reasonable motives and avoid causing unnecessary or undue injury. For the foregoing reasons, the complaints were dismissed. 5. JUDGEMENT No. 848 (10 DECEMBER 1987): PILOWSKY v. WORLD INTEL- LECTUAL PROPERTY ORGANIZATION14

Complainant's request for withdrawal of a written warning over the allegation of misleading WIPO by claiming a specific nationality in his employment application — Overwhelming evidence of the complainant's right to this nationality— Right to a nationality under the Universal Declaration of Human Rights —Definition of "stateless person" as provided for in the 1954 Convention relating to the Status of Stateless Persons — Organization's obligation to examine evidence of nationality carefully — Possession of passport does not determine nationality

On 10 October 1984, the complainant, who had been born in Chile in 1929 and who, after leaving his country owing to a change in government, had been granted refugee status in Switzerland since 1974, filled out an application for employment with WIPO in Geneva indicating that his "present nationality" was "Chilean". He was granted an appointment for one year as from 1 January 1986. When WIPO discovered that he did not hold a Chilean passport, the complainant was informed that he would be treated as stateless, receiving neither home leave nor other expatriate benefits, and, on 10 March 1986, the Director General of WIPO issued the complainant a written warning, stating that his assertion of Chilean nationality in his application form amounted to "serious misconduct", and any further such act or omission might entail sanctions under the Staff Rules. The warning was also reflected in his performance report of 21 May. The complainant objected to this course of events, observing that he had surrendered refugee status and, on 28 April 1986, had provided a Chilean passport, issued by the Chilean Consul-Général. Subsequently, as from 1 May 1986, the complainant was treated as a Chilean national by WIPO.

155 The Tribunal considered that WIPO's argument for its action in the matter rested on the implication that the Swiss authorities' granting the complainant refugee status and issuing him travel authorization had in some way terminated his Chilean nationality. The Tribunal noted that there was overwhelming evidence of the complainant's right to Chilean nationality. The Tribunal further noted that the Organization was bound to recognize that everyone had the right to a nationality and that no one should be arbitrarily deprived of his nationality, as stated in the Universal Declaration of Human Rights, and that under article 1 of the Convention relating to the Status of Stateless Persons of 28 September 195415, a stateless person was "a person who is not considered as a national by any State under the operation of its law". In this regard, in the Tribunal's view, WIPO was under an obligation to examine the available evidence with great care before concluding that the complainant had not proved the nationality he claimed, and the Tribunal concluded that in the present case the facts did not support the inference that the complainant's nationality had been annulled or suspended, but rather that the complainant was without a passport at the time he completed the application and had been given permission to reside in Switzerland. The Tribunal, noting that the possession of a passport did not by itself determine nationality, nor did the failure to produce a passport denote a loss of nationality heretofore held, maintained that the Director General's warning was miscon- ceived. Moreover, the complainant had made no entry in his application for employment which had been shown to be inaccurate, nor had any answer which he gave to the Personnel Section been shown to be false or misleading. By stating his date and place of birth, his nationality, his place of residence and the period during which he had lived there, his marital status and the names of his depen- dants, the complainant satisfied the requirements of regulation 4.11 of the WIPO Staff Regulations and Rules, which placed on him the duty of providing information necessary for the purpose of determining his status and entitlements. The Tribunal ordered the warning to be set aside and any record of it removed from the complainant's file, and that he be paid 10,000 Swiss francs for moral injury and 6,000 Swiss francs for legal costs. 6. JUDGEMENT No. 873 (10 DECEMBER 1987): DA v. INTERGOVERNMENTAL COUNCIL OF COPPER EXPORTING COUNTRIES16

Abolition of the complainant's post — Question of the abolition of a post under regulation 9.1(c) of the Staff Regulations while a fixed-term appointment had not expired — Organization's duty to adopt a reasonable attitude towards notice and payment of compensation to be given to a redundant staff member — Organization must abide by general principles governing international civil service

The complainant, who was on a fixed-term appointment to terminate on 30 June 1988, challenged the decision to abolish his post and pay him nine months' pay in settlement. He was informed on 26 January 1987 that he would be separated from service at the end of the month. As to the merits of the case, the Tribunal concluded that the abolition of the complainant's post complied with the Staff Regulations and that the reasons given for the decision, namely, a desire to effect savings and to organize the secretariat

156 on more rational lines, were genuine. Therefore, there was neither abuse of authority nor any desire to impose a hidden disciplinary sanction, in breach of regulations 10.1 and 10.2 of the Staff Regulations. The complainant had alleged breach of contract as his contract was to expire on 30 June 1988 and he had been separated from service at the end of January 1987. However, as the Tribunal explained, the fact that an appointment still had time to run did not preclude abolition under Council staff regulation 9.1(c), which was a general and unconditional rule and allowed no derogation in favour of the holder of an unexpired fixed-term appointment. As regards the issues of notice and the amount of compensation to be given to a redundant staff member, the Tribunal noted that the Staff Regulations did not make such provisions, and that since the Council was an intergovernmental consultative organization set up under treaty and not affiliated to any other international body, its work and the terms of appointment of its staff were exclusively governed by its own rules. However, in the Tribunal's view, the fact that there was no provision in the Staff Regulations did not mean that no notice must be given or no compensation paid. The Council was under a duty to adopt a reasonable attitude. Ordinarily, a staff member on a fixed-term appointment whose post is abolished is entitled to notice and to fair and reasonable compensation — the amount and the manner of determining it to depend upon the particular circumstances of the organization and an assessment of the staff member's own situation and seniority and the terms of his appointment — and the decision must not be discriminatory or tainted with any other flaw. In the present case, the Executive Committee instructed the new Secretary General to negotiate the amount of compensation to be paid to the two staff members whose post had been abolished and their appointments ended. However, the Tribunal considered that notwithstanding the express mandate for the negotiations, the organization also had to abide by the general principles that govern the international civil service, including the respect and consideration due to staff members, as well as such criteria as seniority, record of service and qualifications, and that in the complainant's case, these requirements had not been fully complied with. The Tribunal held that the complainant should be paid 13 months' salary in compensation, and that he receive 3,400 French francs in costs.

7. JUDGEMENT No. 874 (10 DECEMBER 1987): CACHELIN (NO. 2) AND APPLICATION OF ILO IN RE CACHELIN v. INTERNATIONAL LABOUR ORGANISATION17

Complainant's request for interest on the amount awarded—Sound administration of justice demanded joinder of the cases — Interest does not automatically accrue from the date the principal is due — One cannot infer legal effect from the Tribunal's refusal or failure to rule — Interest cannot be awarded on an application for a court order unless the payment of the principal is due

The complainant, who had retired on 31 December 1985 and had filed an earlier appeal regarding the payment of indemnity provided for under article 11.16 of the Staff Regulations awarded to her under Judgement No. 792, has

157 objected to ELO's not paying interest on the amount awarded. She claimed that since the indemnity under article 11.16 was due from the date of retirement she was entitled to payment of interest from the date on which the principal fell due, namely, 1 January 1986. The Tribunal will ordinarily join cases only if the purpose of the suit, the issues of fact and the defendant are the same. Although the conditions were plainly not met in the present case, i.e., the cause of action was not the same and the two parties took a different approach, the Tribunal considered that the sound administration of justice demanded joinder of ILO's application of 19 February 1987 seeking a further ruling or else an explanation of the judgement and the complainant's application requesting payment of interest on the indemnity awarded in the earlier judgement. The Tribunal further stated that though there were differences, the purpose of both suits was to obtain a ruling by the Tribunal on a dispute that had arisen over the consequences of its earlier judgement, and the unusu- alness of the case warranted a derogation from the rules on joinder. As regards the issue of the payment of interest, the Tribunal stated that, in general, interest would not automatically accrue as from the date on which the principal was due. Save where there was express provision in a clause of a contract or in some general text, interest would not be payable until a formal demand for payment of the principal had been made, the demand being addressed directly by the creditor to the debtor, or being implicit in an application for a court order, in which case the creditor need not have asked originally for payment of interest over and above the principal. As there were many precedents for applying these rules, the Tribunal further stated that it was immaterial that the Organization claimed no interest from a staff member who owed it money. The Tribunal, in rejecting ILO's argument that, having made no award of interest the Tribunal may be deemed to have declined to do so, stated that to allow this argument would be to infer legal effect from the Tribunal's refusal or failure to rule. The reason the Tribunal did not give an explicit ruling on the financial consequences of its judgement was that at the date of filing of the original complaint the indemnity under article 11.16 of the Staff Regulations was not due. As noted by the Tribunal, interest would not be awarded on an application for a court order unless payment of the principal was due. In the present case, the principal was not due when the original complaint was filed on 17 July 1985. At that time the complainant was still a staff member of ILO, and not until 1 January 1986 did she take retirement and become entitled to payment of the indemnity. Since the Tribunal had not given judgement by 1 January 1986, the claim in the original complaint held good even though at the date of filing no interest had yet been due, and the application for an award of interest implicit in the original complaint also held good up to the date on which the Tribunal gave judgement. Considering the above, the Tribunal held that the complainant was entitled to interest at the rate of 5 per cent a year on the indemnity it paid her under article 11.16 of the Staff Regulations for the period from 1 January 1986 to 9 January 1987, the date of payment of the principal, and interest on the amount so calculat- ed at the rate of 5 per cent a year from 10 January 1987 to the date of payment. She was also awarded 1,000 Swiss francs in costs.

158 C. Decisions of the World Bank Administrative Tribunal18 1. DECISION No. 38 (27 OCTOBER 1987): VON STAUFFENBERG, GANUELAS AND LEACH v. THE WORLD BANK''

Applicants dispute salary increases in the salary structures — Question of the jurisdiction of the Tribunal—Tribunal would not fulfil its judicial mission if it were, for procedural and purely formalistic reasons, to limit itself to the review of only one aspect of the case — Principle of parallelism between the World Bank and the International Monetary Fund in salaries and staff benefits — Principles governing staff compensation laid down in the Kafka system and in the ruling of the Tribunal in the de Merode case — Principles in question included in various aspects a margin of flexibility—Discretionary power of the President of the Bank is subject to limits on which the Tribunal has to exercise its right to review — "Political pressure" of member States and the President's responsibilities under the Articles of Agreement

In their initial applications, the Applicants maintained that the increases in the headquarters' salary structure of 4 per cent and 1.2 per cent (according to category) recommended by the President of the World Bank on 18 July 1984, instead of the increases of 5 per cent and 2 per cent first recommended by the President on 29 May 1984, violated the principles governing staff compensation laid down by the Executive Directors on 24 May 1979 (known as the Kafka system), as well as the rulings of the Tribunal in the de Merode case (Decision No. 1 (1981)). The Applicants argued that the Bank had thus not observed their contracts of employment or terms of appointment and requested that the Bank revert to the increases initially recommended by the President. Secondly, after resump- tion of the case, the Applicants also maintained that in granting, on 10 June 1986, general salary increases of 1.5 per cent and 1.3 per cent (according to category), effective 1 May 1986, instead of the increases of 1.6 per cent and 0.5 per cent retroactive to 1 May 1984, and 0.5 per cent retroactive to 1 May 1985, decided by the International Monetary Fund, the Bank had violated the principle of parallelism between the Bank and the Fund in compensation matters. The Applicants consequently requested that the Tribunal award them retroactive adjustments in the same amounts as those decided by the Fund. In response to two jurisdictional objections raised by the Respondent, firstly, the Tribunal, in rejecting the Bank's contention that the decisions on salary adjustments had been taken by the Executive Directors and that the President's recommendations were not binding and did not create rights or obligations as between the Bank and the staff, stated that since the applications alleged non- observance of the contracts of employment or terms of appointment of the Applicants, it was competent to determine those matters. Secondly, as regards the Bank's argument that the Tribunal had jurisdiction to rule on the 1984 decisions but not the 1986 decision and the 1985 salary adjustment decision, since the initial applications had been directed against the decisions made in 1984 only, the Tribunal noted that the 1986 decision was part of the 1984 salary adjustment, and that the Applicants only referred to the 1985 salary adjustments in so far as they had been referred to by the Bank, alongside with the 1984 salary adjustments, as the background of the 1986 action and as a basis for the calculation of the 1986 increase. Furthermore, bearing in mind the views

159 expressed in Mavrommatis Palestine Concessions'0 and Northern Cameroons,21 the Tribunal was of the opinion that it would not fulfil its judicial mission if it were, for procedural and purely formalistic reasons, to limit itself to the review of only one aspect of the case. The Tribunal next addressed the issue of parallelism, the question of which was only one among others with respect to the 1984 decisions and the initial applications, while the legality of the 1986 decision turned exclusively on the question of parallelism. Parallelism had been formulated by the President and the Executive Directors in 1972 and referred to the principle of the "greatest feasible parallelism in salaries and staff benefits" between the Bank and the IMF, while at the same time provision was made for "differences . . . clearly warranted by circumstances". Subsequently, the Kafka system was developed by a joint Bank/Fund committee and was adopted at the same time by the two institutions. Likewise, both the Bank and the Fund initiated their job grading programme at about the same time in 1982 and the exercise had been conducted in close consultation between the two institutions and with a view to achieving similar results. Turning from procedure to substance, it appeared that over all those years parallelism in most cases had led to identical policies and similar measures. None the less, however consistent the policy and practice of parallelism had been since 1972, the Tribunal observed, in many cases they had led only to broadly conceived harmonization which admitted of differences between the two institutions. The question for the Tribunal was not the relationship between the Bank and the Fund regarding the principle of parallelism, but whether the principle of parallelism was part of the conditions of employment of the Bank's staff. The Tribunal, noting the legal commitment or obligation referred to in the de Merode case, concluded that the established practice confirmed by consistent statements made by Bank management and the Executive Directors had created a rule of parallelism which had become part of the conditions of employment of the Bank's employees, but that both practice and statements most consistently reflected a flexible approach. As regards the adjustments of 1984 in the salary structure, the Applicants based their case against the 1984 decisions primarily on an alleged violation of the principles governing staff compensation (the Kafka system), which in the opinion of the Tribunal were also part of the conditions of employment for the staff. The Tribunal found, however, that those principles included in various respects a margin of flexibility and that the Respondent, in adopting the contested decisions of 1984, did no more than exercise the discretionary power conferred upon it by the system established in 1979. As the Tribunal noted, the Kafka principles were not the only source of the staffs conditions of employment as regards compensation and salary review; the rule, binding the Bank even prior to the adoption of the Kafka system and independently of the principles laid down in 1979, was that endorsed in the de Merode case, placing the Bank under the legal obligation to carry out periodic reviews of salaries, taking into account various relevant factors, including changes in the cost of living. Again, as the Tribunal noted, the Bank retained a measure of discretion in the process. However, as the Tribunal further noted, as with every discretionary power it was subject to limits on which the Tribunal had to exercise its right of review. The Applicants had claimed that while the President had correctly exercised his discretion in making the original recommendation of 29 May 1984, he had abused

160 his discretion by amending that proposal and formulating a reduced proposal on 18 July 1984. The Tribunal, however, had difficulty in understanding why the Applicants saw a violation of their conditions of employment in the rates of adjustment proposed on 18 July while they admitted the legality of the original proposal of 29 May. Moreover, the Applicants also contended that the circumstances in which the President had made his revised proposal of 18 July 1984 showed an abuse in the exercise of the discretionary power left to the Bank by the Kafka system and by the de Merode ruling on periodic salary reviews. Contrary to the Applicants' arguments, the attempt to achieve parallelism with the Fund, the taking into consideration of the austerity policy of member States and of the Bank and the search for a consensus among the Executive Directors, in the view of the Tribunal, did not constitute improper motives and were legitimate factors to be taken into consideration. The Tribunal also rejected the Applicants' contention that the President and the Executive Directors had yielded to "political pressure", pointing out that an international organization was composed of States and each member State was entitled to seek the adoption of its views within the governing bodies of the organization, on condition, of course, of respecting its constituent instrument. Far from adopting an attitude of a "political" nature, the President was acting in accordance with his responsibilities under the Articles of Agreement when he altered his initial proposal in such a way as to take account of the "concerns" which had led to its rejection. The Tribunal concluded that the recommendation formulated by the President on 18 July 1984 and the approval of that recommendation by the Executive Directors on 19 July 1984 were in accordance with the principles governing staff compensation decided upon by the Executive Directors on 24 May 1979, as well as with the other applicable rules, in particular with the Bank's obligation to make periodic salary reviews taking into account various relevant factors, including changes in the cost of living and the principle of parallelism. The President and the Executive Directors all exercised the discretionary power given to them by the principles laid down in 1979 and the other relevant rules. Neither the content of the contested decisions nor the circumstances of their adoption constituted a misuse or abuse of their respective discretions. In deciding the salary adjustments for 1984, therefore, the Respondent had not committed any non-observance of the conditions of employment of the Applicants. Turning to the issue of the salary increases of 1986, the Tribunal, rejecting the Applicants' argument that the Bank had abandoned the principle of parallelism when on 10 June 1986 it had granted salary increases below those earlier decided by IMF and without retroactivity, stated that it was satisfied that there had been no abuse or misuse of discretion. In arriving at this conclusion, the Tribunal took into account a number of factors, including the budgetary impact of the various options and the administrative difficulties raised by retroactive increases. The Tribunal pointed out that the decision had been made in a reasonable manner, seeking to avoid unnecessary harm to the staff, noting that the increase was lower than that granted by the Fund at professional levels (1.5% instead of 1.6%), and higher at support levels (1.3% instead of 0.5%), because of the much wider discrepancy between Bank and Fund salaries at support levels than at professional levels. For the foregoing reasons, the Tribunal decided to dismiss the applications.

161 2. DECISION No. 40 (27 OCTOBER 1987): THE WORLD BANK STAFF ASSOCIATION v. INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT, INTERNATIONAL FINANCE CORPORATION, INTERNATIONAL DEVELOPMENT ASSOCIATION"

The Staff Association challenges various aspects of the Bank's plan for reorganization of the staff— Question whether the Tribunal has power to hear and pass judgement upon the application filed by the Staff Association — Staff Association standing vis-à-vis the Tribunal — The Staff Association may serve, under rule 23(2) of the Tribunal's statute, in particular cases as amicus curiae

The Staff Association, which was created during the early years of the Bank's existence to promote and safeguard the rights, interests and welfare of the members of the staff, is a membership organization, open to all members of the staff of the Bank and IFC. The Bank has accorded to the Staff Association a formal role in the formulation of Bank policies, embodied in principle 10.1 of the Principles of Staff Employment, and in rule 10.01 of the Staff Rules. On 8 October 1986, the President of the Bank announced the reorganization, and soon thereafter the Staff Association began to express concerns involving various aspects of the reorganization process. Eventually, on 15 May 1987, a draft of rule 5.09 on "Implementation of the Reorganization" had been forwarded to the Staff Association for comments. At a meeting on 20 May 1987 with the Assistant General Counsel and the Director of Compensation, the Association gave its comments on the draft rule. On 1 June 1987, a document was distributed entitled "A Guide to Staffing Policies", and three days later the Chairman of the Staff Association stated the document had been issued before the Staff Association had had an opportunity to review it, which he thought in itself to be a breach of the rule on consultation. The Staff Association contended, variously, that it was empowered to file an application on its own behalf (at least by virtue of the Respondent's alleged failure adequately to consult with regard to the formulation of rule 5.09), or on behalf of aggrieved staff members (in the generality or in particular), or as an intervenor, or as amicus curiae. The Tribunal observed that under the statute of the Tribunal the only person who might properly file an application was a member of the staff as defined in article II, paragraph 3, of its statute. That definition referred only to an individual currently or formerly employed, or a personal representative of such an individual, or a person claiming a pension payment. The Staff Association was not within any of those categories. Moreover, the Tribunal noted that the statute was clear in defining not only the kind of person entitled to file an application but also the kind of claim that must be asserted in that application: the applicant must allege "non-observance of the contract of employment or terms of appointment of such staff member". Obviously, the Staff Association failed to satisfy this requirement as well, as the Tribunal further noted, for it could not properly allege the non- observance of an employment contract or terms of appointment on its own. The Tribunal, therefore, concluded that the Staff Association had no standing to file an application with the Tribunal on its own behalf as an institution. Furthermore, the Tribunal stated that any of the concerns expressed by the Staff Association, including the Bank's alleged failure fully to consult with the

162 Association as required by various Bank policies and statements, could be asserted in an application by an individual staff member who claimed that he or she had been the subject of an improper adverse decision by the Bank. The Staff Association also asserted standing to file an application on behalf of all or particular staff members who had been adversely affected by the Respondent's alleged non-observance of those persons' contracts of employment or terms of appointment. As the Tribunal pointed out, there was no greater support in the statute of the Tribunal for the Staff Association filing an application on behalf of staff members than there was for its filing an application on its own behalf. Article II, paragraph 1, of the Tribunal's statute expressly contemplated the filing of an application "by which a member of the staff alleged non-observance of the contract or terms of appointment "of such staff member". The only exception to this rule concerned an application by an applicant acting "as a personal representative or by reason of the staff member's death". The Staff Association also had claimed standing to file an application, in the alternative, as an intervening party. Under the Tribunal's statute and rules, intervention is available only to persons who are entitled to file an initial application pursuant to article n of the statute, and, as explained by the Tribunal, the Staff Association was not such a person. However, rule 23(2) of the Tribunal's statute expressly contemplated that the Staff Association might serve in particular cases as amicus curiae. The Tribunal concluded that in those cases properly brought before the Tribunal by staff members alleging non-observance of their contracts of employment or terms of appointment, the Staff Association could usefully file briefs in support of the staff member's contentions regarding such matters as the Respondent's alleged failure to consult properly with the Staff Association or the allegedly arbitrary and unreasonable methods chosen by the Respondent to implement the reorganization plan. The Tribunal, therefore, treated the pleas and supporting memoranda of the Staff Association in the present case, which had been cross-referenced in the other cases filed and listed at the same time, as requests for permission to participate as friend-of-the-court and as amicus curiae briefs. For the foregoing reasons, the Tribunal dismissed the application and granted the Staff Association's request to participate as friend-of-the-court in the other cases arising from the reorganization of the Bank.

3. DECISION No. 41 (27 OCTOBER 1987): GODWIN AGODO v. INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT, INTERNATIONAL FINANCE CORPORATION, INTERNATIONAL DEVELOPMENT ASSOCIATION23

Applicant challenges various aspects of the Respondent's rules providing for the reorganization of the staff—Applicant's standing to file an application in a representative capacity — No similarity to the de Merode case — The Tribunal is not empowered by its statute or the Staff Rules to issue advisory opinions — Question of issuing a decision in the form of a declaratory judgement

The general facts relating to the reorganization of the Bank are the same as those in Decision No. 40 above. The Applicant had been employed as an Accounting Assistant by IFC and was elected by his unit at IFC to be a delegate to

163 the World Bank Staff Association and was currently serving on the Executive Committee of the Staff Association. The Applicant contended that he was a "member of the staff, as required under article n of the statute of the Tribunal, who might properly file an application with the Tribunal, in which he challenged the Respondent's rules providing for the comprehensive reorganization of the staff, particularly rule 5.09 of the Staff Rules on implementation of the reorganization of the Bank. He asserted that, in his capacity as a member of the Executive Committee of the Staff Association, he had standing to bring the application as a representative of the staff members for the same reasons which justified the representative standing of the Staff Association, and that he had standing to allege that the Bank's actions constituted a non-observance of his own contract of employment. However, the Tribunal concluded that the Applicant had no standing to file an application in a representative capacity and that he had failed to identify a particular decision by the Respondent that had adversely affected him. While it was true, as the Tribunal noted, that the Applicant was an individual who indisputably fell within the definition of a "member of the staff' empowered by article n, paragraph 1, to file an application, he none the less, for the same reasons that warranted denying the Staff Association standing to assert claims of individual staff members, could not assert claims of other individual staff members. Furthermore, article II, paragraph 1, of the statute expressly limits claims to injuries of the applicant filing the claim. As the Tribunal pointed out, the staff member must allege non-observance of the employment contract or terms of appointment "of such staff member", i.e., of the staff member filing the application. An application asserting a violation of some other staff member's contract of employment is clearly inadmissible under the provision. The Applicant had relied in support of his assertion of standing to present the claims of fellow staff members on the case of de Merode (Decision No. 1 (1981)), in which the applications filed with the Tribunal had alleged non-observance of the applicants' own contracts of employment or terms of appointment. However, as the Tribunal explained, the impact that those applications had had upon the rights of other staff members stemmed not from any statutory right of the applicants but rather from a stipulation to which the Respondent was a party, stating that in the interests of economy of adjudication staff members similarly situated would be given the benefit of any Tribunal decision favourable to the particular applicants. The Applicant also alleged non-observance by the Respondent of his own contract of employment and terms of appointment, challenging the procedures employed in promulgating rule 5.09 and the content of the rule. The Tribunal, however, noting that the Applicant did not contend that rule 5.09 had served as the basis for some particular decision of the Respondent which had adversely affected his own working conditions or status, agreed with the Respondent's contention that the Applicant was in effect requesting the issuance of an advisory opinion by the Tribunal, which in fact lacked the power to do so. The Tribunal further noted that article XII of its statute required a "decision" be made that adversely affected the Applicant specificially, and that at the time of the creation of the Administrative Tribunal, in November 1979, a proposal by the Staff Association requesting provision for advisory opinions had been rejected and had not been incorporated in the statute. The Tribunal also observed that other tri-

164 bunals had reached similar conclusions regarding advisory opinions (In re Sikka No. 3, BLOAT Judgment No. 622, p. 4 (1984)). The Tribunal also rejected the Applicant's contention that the attack on the validity of staff rule 5.09 could be adjudicated by the Tribunal by means of the issuance of a declaratory judgement which, although not expressly authorized in the statute of the Tribunal, was a form of remedy that all adjudicatory bodies could issue by virtue of inherent powers. The Tribunal stated that, even assuming that the Tribunal could issue a decision in the form of a declaratory judgement, the premise underlying any such relief was that the applicant had standing before the Tribunal and that he or she had properly alleged and proved a cognizable violation of his or her own contract of employment or terms of appointment. For the foregoing reasons, the Tribunal dismissed the application.

NOTES 'In view of the large number of judgements which were rendered in 1987 by administrative tribunals of the United Nations and related intergovernmental organizations, only those judgements which are of general interest have been summarized in the present edition of the Yearbook. For the integral text of the complete series of judgements rendered by the three tribunals, namely, Judgement Nos. 380 to 408 of the United Nations Administrative Tribunal, Judgements Nos. 800 to 878 of the Administrative Tribunal of the International Labour Organization and Decisions Nos. 31 to 54 of the World Bank Administrative Tribunal, see, respectively: Judgements of the United Nations Administrative Tribunal, Numbers 371 to 438,1986-1988 (United Nations publication, Sales No. E.98.XI); Judgements of the Administrative Tribunal of the International Labour Organization: 61st, 62nd and 63rd Ordinary Sessions; and World Bank Administrative Tribunal Reports, 1987, Decisions 31-54 (Parts I, II and HI). 2Under article 2 of its statute, the Administrative Tribunal of the United Nations is competent to hear and pass judgement upon applications alleging non-observance of contracts of employment of staff members of the Secretariat of the United Nations or of the terms of appointment of such staff members. The Tribunal shall be open: (a) to any staff member of the Secretariat of the United Nations even after his employment has ceased, and to any person who has succeeded to the staff member's rights on his death; and (b) to any other person who can show that he is entitled to rights under any contract or terms of appointment, including the provisions of staff regulations and rules upon which the staff member could have relied. Article 14 of the statute states that the competence of the Tribunal may be extended to any specialized agency brought into relationship with the United Nations in accordance with the provisions of Articles 57 and 63 of the Charter of the United Nations upon the terms established by a special agreement to be made with each such agency by the Secretary-General of the United Nations. Such agreements have been concluded, pursuant to the above provisions, with two specialized agencies: the International Civil Aviation Organization and the International Maritime Organization. In addition, the Tribunal is competent to hear applications alleging non-observance of the Regulations of the United Nations Joint Staff Pension Fund. 3Mr. Luis de Posadas Montera, Second Vice-President, presiding; Mr. Endre Ustor, Member; and Mr. Ahmed Osman, Member. "Mr. Luis de Posadas Montero, Vice-Président, presiding; Mr. Endrc Ustor, Member; and Mr. Roger Pinto, Member. 'Mr. Arnold Kean, First Vice-Président, presiding; Mr. Luis de Posadas Montero, Second Vice-Président; and Mr. Jerome Ackerman, Member.

165 'Mr. Samar Sen, President; Mr. Arnold Kean, Vice-Président; and Mr. Roger Pinto, Member. 7Mr. Roger Pinto, First Vice-Président, Presiding; Mr. Luis de Posadas Montera, Member; and Mr. Jerome Ackerman, Member. "Mr. Samar Sen, President; Mr. Roger Pinto, Vice-Président; and Mr. Ahmed Osman, Member. The Administrative Tribunal of the International Labour Organization is competent to hear complaints alleging non-observance, in substance or in form, of the terms of appointment of officials and of the staff regulations of the International Labour Organization and of the other international organizations that have recognized the competence of the Tribunal, namely, as at 31 December 1987, the World Health Organization (including the Pan American Health Organization), the United Nations Educational, Scientific and Cultural Organization, the International Telecommunication Union, the World Meteorological Organization, the Food and Agriculture Organization of the United Nations, the European Organization for Nuclear Research, the General Agreement on Tariffs and Trade, the International Atomic Energy Agency, the World Intellectual Property Organization, the European Organisation for the Safety of Air Navigation, the Universal Postal Union, the European Patent Organization, the European Southern Observatory, the Intergovernmental Council of Copper-Exporting Countries, the European Free Trade Association, the Inter-Parliamentary Union, the European Molecular Biology Laboratory, the World Tourism Organization, the African Training and Research Centre in Administration and Development, the Central Office for International Railway Transport, the International Center for the Registration of Serials, the International Office of Epizootics and the United Nations Industrial Development Organization. The Tribunal is also competent to hear disputes with regard to the execution of certain contracts concluded by the International Labour Organization and disputes relating to the application of the regulations of the former Staff Pension Fund of the International Labour Organization. The Tribunal is open to any official of the above-mentioned organizations, even if his employment has ceased, to any person on whom the official's rights have devolved upon his death and to any other person who can show that he is entitled to some right under the terms of appointment of a deceased official or under provisions of the staff regulations upon which the official could rely. 10Mr. Andre Grisel, President; Mr. Jacques Ducoux, Vice-Président; and Tun Mohamed Suffian, Judge. "Mr. André Grisel, President; Mr. Jacques Ducoux, Vice-Président; and Tun Mohamed Suffian, Judge. '2Mr. Andre Grisel, President; Mr. Jacques Ducoux, Vice-Président; and Tun Mohamed Suffian, Judge. 13Mr. André Grisel, President; Mr. Jacques Ducoux, Vice-Président; and Tun Mohamed Suffian, Judge. 14Mr. Jacques Ducoux, President; Tun Mohamed Suffian, Vice-Président; and Sir William Douglas, Deputy Judge. "United Nations, Treaty Series, vol. 360, p. 117. 16Mr. Jacques Ducoux, President; Miss Mella Carroll, Judge; and Mr. Hector Gros Espiell, Deputy Judge. "Mr. Jacques Ducoux, President; Tun Mohamed Suffian, Vice-Président; and Miss Mella Carroll, Judge. "The World Bank Administrative Tribunal is competent to hear and pass judgement upon any applications alleging non-observance of the contract of employment or terms of appointment, including all pertinent regulations and rules in force at the time of the alleged non-observance, of members of the staff of the International Bank for Reconstruction and Development, the International Development Association and the International Finance Corporation (referred to collectively in the statute of the Tribunal as "the Bank Group").

166 The Tribunal is open to any current or former member of the staff of the Bank Group, any person who is entitled to a claim upon a right of a member of the staff as a personal representative or by reason of the staff member's death and any person designated or otherwise entitled to receive a payment under any provision of the Staff Retirement Plan. 19Mr. Eduardo Jimenez de Aréchaga, President; Mr. Prosper Weil and Mr. A. Kama! Abul-Magd, Vice-Présidents; and Mr. Robert A. Gorman, Mr. Elihu Lauterpacht, Mr. Charles D. Onyeama and Tun Mohamed Suffian, Judges. 20P.C.IJ., Series A, No. 2, 1924, p. 34. 21/.C J. Reports 1963, p. 28. 22Mr. Eduardo Jimenez de Aréchaga, President; Mr. Prosper Weil and Mr. A. Kama! Abul-Magd, Vice-Présidents; and Mr. Robert A Gorman, Mr. Elihu Laterpacht, Mr. Charles D. Onyeama and Tun Mohamed Suffian, Judges. "Mr. Eduardo Jimenez de Aréchaga, President; Mr. Proper Weil and Mr. A. Kama! Abul-Magd, Vice Presidents; Mr. Robert A. Gorman, Mr. Elihu Lauterpacht, Mr. Charles D. Onyeama and Tun Mohamed Suffian, Judges.

167

Chapter VI

SELECTED LEGAL OPINIONS OF THE SECRETARIATS OF THE UNITED NATIONS AND RELATED INTERGOVERN- MENTAL ORGANIZATIONS

A. Legal opinions of the Secretariat of the United Nations (Issued or prepared by the Office of Legal Affairs)

1. REQUEST BY A MEMBER STATE THAT ITS NATIONAL FLAG BE FLOWN HALF- MAST AT UNITED NATIONS HEADQUARTERS FOR REASONS OF NATIONAL MOURNING — UNITED NATIONS RAG CODE AND REGULATIONS

Note for the file

1. On 3 August 1987, the Protocol and Liaison Service was confronted with the following question: A Member State wished its national flag to be flown half-mast at United Nations Headquarters for reasons of national mourning. When the Service informed it that the United Nations Flag Regulations and protocol practice would not permit it to accede to that request, the representative of the Member State mentioned, in support of the request, the note appearing at the end of the United Nations Flag Code and Regulations.1 2. The note in question reads as follows: "In the event of any provision contained in this Code or in any regulation made under this Code being in conflict with the laws of any State governing the use of its national flag, said laws of any such State shall prevail." 3. The United Nations Flag Code and Regulations set forth the arrangements for the use of the flag at Headquarters, as well as for the use of the flag by Governments, organizations and individuals (see article 5 of the Code). Although in principle the flag is to be displayed everywhere in conformity with the Code, cases of conflict may arise where the laws and customs of the country require modifications in the display of the flag. In such cases, the laws of the country prevail. At United Nations Headquarters, it is the prerogative of the Secretary- General to proclaim official mourning within the United Nations, the provisions as contained in section V of the Regulations being then strictly adhered to. United Nations practice discloses no exception from these rules.

7 August 1987

169 2. CORPORATE SPONSORSHIP OF A GLOBAL PUBLIC-INFORMATION AND FUND- RAISING EVENT IN CONNECTION WITH THE UNITED NATIONS DECADE OF DISABLED PERSONS — PROPOSED DONATION BY A FIRM IN EXCHANGE FOR THE USE OF REPRESENTATIONS OF UNITED NATIONS HEADQUARTERS IN AN ADVERTISING CAMPAIGN — QUESTION OF THE USE OF THE UNITED NATIONS EMBLEM ON THE PRODUCTS OF SPONSORING COMPANIES — GENERAL ASSEMBLY RESOLUTION 92(7) — LONG-ESTABLISHED UNITED NATIONS POLICY TO PROHIBIT FIRMS CONTRACTING WITH THE ORGANIZATION FROM REFERRING TO THEIR SERVICES TO THE UNITED NATIONS FOR COMMERCIAL OR OTHER ADVERTISING PURPOSES

Memorandum to the Under-Secretary-General for Public Information

1. This responds to your memorandum of 11 November 1987 and your earlier note concerning a global information and fund-raising event in support of the United Nations Decade of Disabled Persons and the use by a firm of representations of United Nations Headquarters in an advertising campaign.

(a) Arrangements with outside institutions in connection with the United Nations Decade of Disabled Persons — Global public-information and fund-raising event

2. The project summary describes a proposed global public-information and fund-raising event in support of the Decade. One of the key objectives of the event is to raise a minimum of $50 million of extra resources for projects in the fields of prevention, rehabilitation and equalization. We understand that one of the main sources of income would be corporate sponsorship of the project. However, in exchange for their sponsorship of the project, the sponsors wish to have permission to use the United Nations emblem on their products and in their marketing campaigns. Indeed, paragraph 6 of the project summary indicates that: "In conclusion, this is primarily a marketing opportunity for companies to support a major global project backed by the United Nations. The key is the use of the United Nations logo 'on products' of acceptable sponsors and within well-defined parameters controlled by the United Nations." 3. In our opinion, any use of the name and emblem of the United Nations's for commercial purposes (e.g. in association with the products of a firm, or in a firm's advertising) is explicitly prohibited by General Assembly resolution 92(1) of 7 December 1946. Indeed, such use could create the erroneous impression of United Nations endorsement or sponsorship of those products, or of an official connection between the firm and the United Nations. Therefore, we consider that even the Secretary-General could not give permission to use the Organization's emblem for such a purpose, as this would be counter to both the letter and the spirit of the resolution. 4. On the other hand, we see no legal objection to the use by the sponsors of the emblem of the United Nations Decade of Disabled Persons.

170 (b) Corporate sponsorship proposal for cooperation between the United Nations Visitor's Section and a firm

5. The proposal dealing with this matter would not directly violate General Assembly resolution 92(1), since no use by the firm in question of the United Nations name and emblem is foreseen. 6. We understand that, under the present proposal, the firm, in exchange for the donation of free uniforms to United Nations tour guides, desires to use representations of United Nations Headquarters in an advertising campaign, to display the firm logo on United Nations premises with an acknowledgement and to issue statements of support for the United Nations in its extensive advertising. This proposal should be considered in the light of the following: (a) It is long-established United Nations policy to prohibit firms contracting with the United Nations from referring to their services to the Organization for commercial or other advertising purposes. This policy has been reflected in the general conditions used in all United Nations contracts and purchase orders; (b) On a few occasions, the donors of goods or services have received a discreet acknowledgement. For example, on 11 June 1987, a new limousine was accepted, with appropriate protocol but without any public advertising, by the United Nations for the exclusive use of the Secretary-General; the Office of Legal Affairs had cleared this procedure; (c) Any advertising which might create the erroneous impression of United Nations endorsement of products or sponsorship, or of an official connection between a firm and the United Nations, has hitherto been prohibited. 7. To the extent that the proposals of the firm concerned extend beyond what has been accepted practice to date, the Secretary-General's approval would be required.

27 November 1987

3. QUESTION WHETHER IT WOULD BE IN ACCORDANCE WITH UNITED NATIONS PROCEDURE FOR THE UNITED NATIONS ENVIRONMENT PROGRAMME TO ACCEDE IN ITS OWN NAME TO THE 1986 CONVENTION ON EARLY NOTIFICATION OF A NUCLEAR ACCIDENT AND TO THE 1986 CONVENTION ON ASSISTANCE IN THE CASE OF A NUCLEAR ACCIDENT OR RADIOLOGICAL EMERGENCY

Cable to the Chief of the Legal Section, United Nations Environment Programme

This is in response to your recent cable and further to conversations with us concerning the 1986 Convention on Early Notification of a Nuclear Accident2 and the 1986 Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency.3

171 1. The question that arose at the recent session of the Governing Council of the United Nations Environment Programme and on which you have requested the views of the Office of Legal Affairs is, as we understand it, whether it is in order under United Nations procedure for UNEP to accede in its own name to the two Conventions. 2. Article 12, paragraph 5, of the Convention on Notification and article 14, paragraph 5, of the Convention on Assistance are in identical terms as follows: "(tf) This Convention shall be open for accession, as provided for in this article, by international organizations and regional integration organizations constituted by sovereign States, which have competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention. "(b) In matters within their competence such organizations shall, on their own behalf, exercise the rights and fulfil the obligations which this Convention attributes to States parties. "(c) When depositing its instrument of accession, such an organization shall communicate to the depositary a declaration indicating the extent of its competence in respect of matters covered by this Convention. "(d) Such an organization shall not hold any vote additional to those of its member States." 3. You have drawn attention to the fact that UNEP is party to several international agreements. We understand these to be either (a) agreements entered into under authority delegated by the Secretary-General to the Executive Director of UNEP or (b) agreements entered into under authority from the General Assembly. 4. The two IAEA Conventions are outside the present authority deriving from the Secretary-General and outside the present authority deriving from the General Assembly. Accordingly, it would not be in accordance with United Nations procedure for UNEP to simply accede to the two Conventions in its own name. 5. What is needed is additional authorization. The issuance of this authorization is not a matter which falls within the competence of the Secretary-General as chief administrative officer of the Organization or any other mandate given to him. The authorization would therefore have to be given by the General Assembly. If UNEP wishes the inscription of a corresponding item on the agenda of the forthcoming forty-second session of the General Assembly, then this would be possible only under rule 15 of the rules of procedure of the General Assembly as an additional item after 15 August and as a supplementary item up to 15 August. Should the Executive Director of UNEP wish the inscription into the agenda, he should contact the Secretary-General, which could be done by telegram. The possible financial implications would then, of course, have to be clarified in the Fifth Committee. 6. The next question which arises is for whom the authorization should be required. UNEP is a part of the Organization but, as follows from the registration of the Office of the United Nations Disaster Relief Coordinator (UNDRO) as the point of contact in addition to UNEP, there are other parts of the Organization which are also interested in the two Conventions. Also, the political significance

172 of United Nations accession is to be borne in mind. We are therefore of the opinion that, if authorization for signature is to be sought, it should be requested for the United Nations and not for UNEP. The necessary instruments would then be issued from the United Nations but they would of course encompass UNEP.

21 July 1987

4. LEGAL REQUIREMENTS REGARDING THE ACCESSION BY THE UNITED NATIONS TO THE 1986 CONVENTION ON EARLY NOTIFICATION OF A NUCLEAR ACCIDENT AND THE 1986 CONVENTION ON ASSISTANCE IN THE CASE OF A NUCLEAR ACCIDENT OR RADIOLOGICAL EMERGENCY — REQUIREMENT OF THE SUBMISSION OF "DECLARATIONS OF COMPETENCE" BY INTERNATIONAL ORGANIZATIONS ACCEDING TO THE CONVENTIONS

Memorandum to the Director-General for Development and International Economic Cooperation

1. This is in reply to your memorandum of 23 November 1987 on the accession by the United Nations to the 1986 Convention on Early Notification of a Nuclear Accident2 and the 1986 Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency.3 2. You have inquired as to whether the United Nations has in previous cases of accession to international conventions been required to provide "declarations of competence" similar to those envisaged by the two Conventions in the present case. The adherence of the Organization to multilateral conventions of this kind is novel. There have been no previous analogous agreements permitting adherence of the United Nations and, thus, there are no precedents. 3. As the matter of United Nations accession to the Conventions is now before the General Assembly it would, of course, be for delegations to decide whether it should be resolved at the current or at the next session of the Assembly. From the point of view of the Office of Legal Affairs there has never been a particular urgency in this matter, on the contrary, we had at first advocated postponing — and preparing — it for the forty-third session of the General Assembly. UNEP, however, attaches symbolic importance to a speedy United Nations adherence. 4. As to your request for an explanation of the legal requirements of subparagraphs 5(c) of articles 12 and 14 of the Conventions in question, we would note the following: (à) Subparagraph 5(a) of articles 12 and 14 provides that an international organization may accede to the Convention if it has competence in respect of the negotiation, conclusion and application of international agreements in respect of matters covered by each Convention; (b) Subparagraph 5(b) of articles 12 and 14 provides that in matters within their competence such organizations shall, on their own behalf, exercise the rights and fulfil the obligations which each Convention attributes to States parties;

173 (c) Subparagraph 5(c) of articles 12 and 14 requires that when acceding to the Conventions an international organization shall deposit a declaration indicating the extent of its competence in respect of the matters covered by each Convention; (d) We understand such a declaration of competence as intended to make clear to the other parties to the Conventions which articles are of relevance to, and which matters are within the competence of, an international organization acceding to the Conventions; (e) Thus, a declaration of competence on the part of the United Nations would refer to articles which concern matters with respect to which United Nations bodies consider they have competence. The question of the competence of a particular United Nations body should, of course, be a matter for the particular body to determine and propose for inclusion in the declaration to be deposited by the United Nations. 5. As we see it, the following provisions of the Conventions may be of relevance to the question of the competence of United Nations bodies: (a) Convention on Early Notification: article 4, paragraph (a); article 5, paragraph !(/); article 7; and article 8; (b) Convention on Assistance: article 2, paragraphs 1, 2 and 6; article 4; article 5, paragraph (e); article 6; article 7; and article 11.

25 November 1987

5. MEANING OF CONSENSUS IN THE PRACTICE OF THE UNITED NATIONS Letter to the Legal Counsel, World Health Organization

In reply to your memorandum of 4 August 1987 on the meaning of consensus in the practice of the United Nations, we would like to provide the following comments. There is no established United Nations definition of consensus. However, in United Nations practice, consensus is generally understood to mean adoption of a decision without formal objections and vote; this being possible only when no delegation formally objects to a consensus being recorded, though some delegations may have reservations to the substantive matter at issue or to a part of it. The fact that consensus is recorded does not necessarily mean that there is "unanimity", namely, complete agreement as to substance and a consequent absence of reservations. For example, there are numerous occasions where States make declarations or reservations to a matter at issue while not objecting to a decision being recorded as taken by consensus. There are certain further aspects to which we should also draw attention. (a) Consensus decisions can be expressed in various ways. In its weakest form, that term is sometimes used to characterize any decision adopted "without a vote", which may imply that while there is no formal objection to its being so adopted, the participating delegations do not consider themselves too closely associated with the adopted text. On the other hand, a decision may be expressly declared as having been adopted "by consensus", implying that the decision was

174 arrived at as a result of a collective effort to achieve a generally acceptable text and consequently the participating delegations are considered to be more closely associated with the decision. It is the latter kind of decision by consensus that generally reflects the current usage of the term; (b) With respect to the binding nature of decisions adopted by consensus, it should be noted that the legal status of a decision is not affected by the manner in which it is reached. Once adopted, it has the status of a legally adopted decision and the fact that it has been adopted by consensus or by means of a vote does not add to or diminish the legal value or significance of the decision in question. In other words, if a decision is of a binding character, adoption on the basis of consensus as opposed to adoption by means of a vote does not make the decision more binding or less binding. Adopted decisions are equal in status regardless of the manner in which they are adopted; (c) If a delegation announces that it is not participating in the decision- making but does not prevent the Chairman from stating that the decision has been adopted by consensus, the Chairman can make such an announcement and then, in effect, the situation would be viewed as if such a State was not present when the decision was taken. Those delegations which do not expressly indicate that they do not participate in a consensus must be deemed to have participated in it. Finally, as you are aware, it has become common practice for many organs of the United Nations to operate on the basis of consensus. At the same time, except in those rare cases where decision-making is formally limited to consensus, it is understood that delegations are entitled to request a vote and cannot be deprived of this right merely because the body concerned has agreed to operate by consensus. There are delegations, however, which contest the constitutional validity of express provisions limiting decision-making exclusively to consensus.

21 September 1987

6. LEGAL STATUS OF THE DECISIONS AND RECOMMENDATIONS OF THE ECONOMIC AND SOCIAL COUNCIL WHEN THE GENERAL ASSEMBLY TAKES DECISIONS ON SUBJECTS ON WHICH THE COUNCIL HAD ALREADY TAKEN A DECISION (ENDORSEMENT) — DUAL CAPACITY OF THE COMMITTEE FOR PROGRAMME AND COORDINATION AS A SUBSIDIARY ORGAN OF BOTH THE ECONOMIC AND SOCIAL COUNCIL AND THE GENERAL ASSEMBLY

Memorandum to the Assistant Secretary-General for Programme Planning, Budget and Finance and Controller

1. This is in reply to your memorandum of 15 December 1987 on the legal status of the decisions and recommendations of the Economic and Social Council when the General Assembly takes decisions on subjects on which the Economic and Social Council has already taken a decision (endorsement). By that memorandum, you forwarded various questions posed by the representatives of Member States in the course of negotiations in the Fifth Committee on the draft resolution on agenda item 116 (Programme planning).

175 2. The questions were submitted "within the context of the discussion and decision-making process by the General Assembly on the report of the Committee for Programme and Coordination (CPC) under agenda item 116". It should thus be recalled from the outset that CPC, according to its terms of reference, functions as the main subsidiary organ of both the Economic and Social Council and the General Assembly for planning, programming and co-ordination.4 3. This "dual" capacity of CPC is demonstrated by the fact that CPC regularly submits its reports to both the Economic and Social Council and the General Assembly. CPC's functions vis-à-vis the General Assembly have been highlight- ed recently by the Assembly in its resolution 41/213 of 19 December 1986, annex I to which states that CPC, for budget years, shall examine the proposed programme budget in accordance with its mandate and shall submit its conclusions and recommendations to the General Assembly, through the Fifth Committee, for the final approval of the programme budget. Furthermore, for off-budget years, CPC, acting as a subsidiary organ of the General Assembly, shall consider the outline of the programme budget and submit, through the Fifth Committee, to the General Assembly its conclusions and recommendations. However, there is no clear overall dividing line between when CPC functions exclusively as an Economic and Social Council subsidiary, when it functions exclusively as a General Assembly subsidiary or when it functions as both at the same time. 4. In relation to questions (a) and (b) (para. 2 of your memorandum), it must first be pointed out that from a legal point of view there are a few instances in which it is necessary for the Assembly to act on Economic and Social Council resolutions or decisions. This is the case when such action is required by the Charter of the United Nations (see Article 63, paragraph 1), when the General Assembly has addressed requests or recommendations to the Economic and Social Council which require that organ to respond or reply to the General Assembly, and when the Economic and Social Council has addressed, on its own initiative, requests or recommendations to the General Assembly. 5. Beyond that, it is also clear that the General Assembly is not legally required to endorse all Economic and Social Council resolutions. But the General Assembly may deem it advisable and desirable to endorse Economic and Social Council resolutions or decisions from a policy standpoint. Nothing prevents the General Assembly from so doing, in the light of Article 60 of the Charter which specifies that the powers set forth in Chapter X thereof are vested in the Economic and Social Council "under the authority of the General Assembly". In addition, the General Assembly naturally has a vested interest in the work of CPC, which is a subsidiary organ of the General Assembly, in relation to "programme planning". The General Assembly has addressed that item in a comprehensive manner involving virtually all programme aspects of the United Nations as a whole, including in the economic and social field. If the Economic and Social Council reaches what it considers to be a "final" decision, within the context under consideration, the General Assembly, none the less, on the basis of the above considerations, possesses the power to reach its own decisions which would then have to be considered the "final" General Assembly decision on the matter. In case of divergence, at least in dual areas such as programme planning, the position of the General Assembly, under Article 60 of the Charter of the United Nations, would then prevail. 6. As to questions (c) and (d) they appear to us to relate to the allocation of various Economic and Social Council resolutions or decisions to the Main

176 Committees of the General Assembly or indeed to the plenary itself. The question of the allocation of various chapters, portions thereof or resolutions or decisions included in the report of the Economic and Social Council submitted to the General Assembly is a matter for consideration and recommendation by the General Committee of the General Assembly. It is that Committee which recom- mends to the General Assembly the most appropriate allocation of the various portions of the report of the Economic and Social Council, either to certain Main Committees of the General Assembly in the light of the subject matters considered by them or to the plenary meetings of the General Assembly. 7. Finally, with regard to the question contained in paragraph 3 of your memorandum, we do not consider that the draft resolution attached to your memorandum necessarily contains redundant provisions. It follows from what has been stated above that the fact that the Economic and Social Council has endorsed a CPC report or recommendation does not detract from the General Assembly doing likewise. An endorsement by the General Assembly, as a co-parent of CPC, stands on its own merit and constitutes an endorsement from a different body which has, under Article 60 of the Charter of the United Nations, been vested with the responsibility for the discharge of the functions of the Organization set forth in Chapter IX of the Charter and under whose authority the Economic and Social Council functions under Chapter X. Furthermore, endorsing a CPC recommendation need not necessarily constitute the equivalent of endorsing an Economic and Social Council resolution. For example, in section IV of the draft resolution attached to your memorandum, the General Assembly would in paragraph 1 endorse CPC's recommendations and conclusions on a particular matter. In paragraph 2, the General Assembly would endorse Economic and Social Council resolution 1987/79 on the same matter. That Economic and Social Council resolution does not merely "endorse" the CPC conclusions or recommendations in question but rather represents the Economic and Social Council's own evaluation and assessment thereof. Thus, those paragraphs appear neither redundant nor incompatible.

17 December 1987

7. POLICY OF THE ORGANIZATION WITH REGARD TO RIGHTS IN INVENTIONS THAT RESULT FROM PROJECTS FUNDED BY THE UNITED NATIONS DEVELOPMENT PROGRAMME — ARTICLE in, PARAGRAPH 8, OF THE UNITED NATIONS DEVELOPMENT PROGRAMME STANDARD BASIC ASSISTANCE AGREEMENT AND ARTICLE VIH OF THE BASIC AGREEMENT WITH EXECUTING AGENCIES — QUESTION WHETHER SUCH POLICY RESTRICTS THE PATENTING OF THE SUBJECT INVENTIONS BY GOVERNMENTS

Memorandum to the Director, Office for Projects Execution, United Nations Development Programme

1. This responds to your request of 6 August 1987 for advice on: (a) the policy of the Organization with regard to rights in inventions that result from projects funded by UNDP; and (b) whether such policy restricts the patenting of the subject inventions by the Government of (name of a Member State).

177 2. The policy of the Organization with regard to inventions resulting from work on projects funded by UNDP is set out in article EH, paragraph 8, of the UNDP Standard Basic Assistance Agreement (SBAA) with Governments, as well as in article VIII of the Basic Agreement with Executing Agencies. The former states: "Patent rights, copyrights and other similar rights to any discoveries or work resulting from UNDP assistance under this Agreement shall belong to the UNDP. Unless otherwise agreed by the Parties in each case, however, the Government shall have the right to use any such discoveries or work within the country free of royalty or any charge of similar nature." 3. The State concerned has not yet signed the SBAA. The Special Fund Agreement, signed by the Government in question on 20 October 1959, which is still in force, merely provides, in article III, paragraph 5, that: "The parties shall consult each other regarding the publication as appropriate of any information relating to any project or to benefits derived therefrom." UNDP is, by virtue of General Assembly resolution 2029(XX) of 22 November 1965, the successor to the Expanded Programme for Technical Assistance (EPTA) and of the Special Fund, and is therefore a party to the Special Fund Agreement of 1959 with the State in question. In this case, therefore, and until the State signs the SBAA, it would seem that any question relating to the disposition of benefits, including discoveries from projects funded by UNDP, has to be resolved through consultations between UNDP and the Government. We consider that any decision reached through such consultations should be recorded in an agreement, which could be done through an exchange of letters. 4. The agreement to be concluded with the Government should be in accord with UNDP's general policy to act as guardian of the interests of all recipient countries in case of any discoveries resulting from projects funded by UNDP. Normally, UNDP discharges such responsibility by requiring all participants in the project to assign to UNDP, by agreement, the property rights in all discoveries. This policy enables UNDP to review each case on its merits before deciding on the appropriate action to be taken in order to make available such information for productive use.5 5. Once an assignment is obtained, publication of an invention can be achieved in several different forms. The most effective way is to execute a patent claim, in accordance with the applicable law, and thus secure the right to benefit from the invention, either directly or through granting licences to others. The patent provides legal protection to the inventor or his assignee against others who might otherwise use the invention once they have sufficient information about it. 6. A patent claim is made through submission of an application in the prescribed form and registration of the claim with a designated patent office. A patent is normally limited to the particular countries in which it is applied for and granted, though more general protection can be secured by registration in accordance with applicable international treaties on intellectual property (e.g., the Convention for the Protection of Industrial Property, 1883" or the Patent Cooperation Treaty,!9707). 7. In making a patent claim, the patentee in effect discloses the invention through the application, in exchange for legal protection against infringement. Thus, a decision to patent a new discovery has to be made in the light of the need

178 to obtain such protection, by weighing such considerations as: the nature of the invention; the benefits of the invention to the local industry; the need for such benefits to be shared by other recipient countries and the relative value of the invention as compared to the legal costs and other expenses involved in protecting it from infringement. 8. Another method of publishing information of a new discovery is to allow such information to be freely available, through dissemination in trade journals or other publications. In that way the discovery is said to enter the public domain and cannot then be claimed exclusively by anyone; in many countries it cannot then be protected by patent, either by the inventor or by anyone else. While this may sound attractive as a means of making such information available to as many countries as possible, in certain cases there may be drawbacks in this means of publishing patentable discoveries; in particular, this could result in benefits from projects financed by UNDP not being put to productive use, because private investors may be reluctant to risk capital in developing new products without patent protection. 9. National laws usually require that patents be registered in the name of the person who made the discovery. However, it may also be permitted that registration be in the name of an assignee, such as the inventor's employer, based on a contractual assignment of the property rights in the discovery by the employee. In respect of UNDP contractors, the assignment is incorporated in all UNDP contracts through the UNDP General Conditions (para. 16); in respect of staff and project personnel, such assignment is contained in rules 112.7 and 212.6 of the Staff Rules and Regulations. 10. The principal problem with UNDP deciding to patent discoveries itself is the lack of resources to do so on a regular basis, given the complexity of the req- uisite legal procedures and the considerable expense involved in the registration of patents, particularly if this is to be done in many countries; in addition, there may be costs in protecting patents from infringements that might deprive them of their value. Therefore, UNDP might wish to explore the possibility of authorizing Governments to patent inventions in the names of the inventor or the Government, provided the patent is limited to the country of the project and does not preclude other Governments from working the invention on a royalty-free basis. 11. However, at this stage, we can only provide general outlines of the form of agreements to be concluded with Governments. In general, UNDP's permitting the patent to be in the name of the Government or an entity nominated by it, or of the individual who made thé discovery, should be subject to the patentee agreeing to grant UNDP a royalty-free, non-exclusive and unrestricted licence to work the invention, with an unrestricted right to sub-licence. 12. A copy of this memorandum is being sent to the Assistant Administrator and Director, Bureau for Programme Policy and Evaluation, UNDP, to whom we addressed a similar memorandum on this subject on 5 December 1984. It would seem, for the reasons given below, that more and more Governments will, in the future, be raising concerns similar to those of the State in question with regard to the restriction on obtaining patents on discoveries from UNDP-funded projects. At some suitable time, therefore, consideration should be given to revising the note of the Administrator of 7 April 1975, to provide more guidance on the procedures to be followed in patenting new discoveries. The

179 revised note could also provide more definite guidance on the areas where UNDP would want to patent in its own name and those areas where others may be permitted to patent in their names. 13. It is worth noting, in this respect, that the United States Government's policy on patents, which may have inspired that of the Organization, has under- gone radical changes in the last decade. The United States policy, as provided in Executive Order 10096 of 23 January 1950, required the Government, subject only to limited exceptions, to retain "the entire right, title and interest in and to all inventions" made by Government employees, and by contractors in case of inventions resulting from a Government contract or from federally funded research and development efforts. However, Public Law 96-517 permitted small business firms and non-profit organizations to elect to take title to inventions made with federal funds, subject to certain conditions and restrictions. In 1983, a presidential direc- tive extended this election to large entities, to the extent permitted by law.8 14. The consequence of the change in United States policy on Government patents is that the Organization may face increased pressure from United States contracting firms to be permitted to retain title to inventions resulting from UNDP-funded projects, particularly in the computer technology field. We should thus be prepared to make a meaningful response to any such requests from Governments or private contractors.

24 September 1987

8. DESIGNATION OF EXECUTING AGENCIES FOR PROJECTS OF THE UNITED NATIONS DEVELOPMENT PROGRAMME — HISTORICAL BACKGROUND OF THE ISSUE

Memorandum to the Assistant Administrator and Director, Bureau for Programme Policy and Evaluation,United Nations Development Programme

1. This responds to your memorandum of 26 May 1987 about the draft UNDP circular and annex on the designation of executing agencies of UNDP, and takes into account the subsequent discussions held with members of your office. 2. You will find attached a study prepared by this office on the historical background to the issue. 3. As you will note from the study, the granting of executing agency status had previously been the responsibility of deliberative bodies of the United Nations entrusted with functions in relation to UNDP, i.e., the General Assembly, the Economic and Social Council or the UNDP Governing Council. You will also note that, originally, executing agencies were limited to the United Nations and specialized agencies of the United Nations system and have only recently come to include Governments, governmental or intergovernmental organizations outside the United Nations system and UNDP itself. 4. However, the categories of entities which may be entrusted with the implementation of UNDP projects are now reflected in regulation 2.1(/0 of the

180 Financial Regulations and Rules of UNDP (adopted by Governing Council decision 81/28 of 30 June 1981 and quoted in full in footnote 1 of the historical background annexed hereto) which entrusts the Administrator with the responsibility of designating executing agencies from among certain categories of entities specified therein. As regards organizations of the United Nations system, the regulation refers to: "(ii) Organizations of the United Nations system, i.e., the United Nations, the specialized agencies, the International Atomic Energy Agency and other organizations that are or become part of the United Nations system. These organizations are referred to as participating and executing agencies;'1'' (emphasis added). 5. It would thus seem to us that organizations that are part of the United Nations system have either already been designated as executing agencies of UNDP by the General Assembly or the Economic and Social Council or, for those which later became part of the United Nations system, are recognized as such by the Governing Council under financial regulation 2.1 (h). What the Financial Regulations and Rules of UNDP require is that, if they have not already done so, such organizations sign an agreement with UNDP to cover the terms and conditions which are to govern the execution of the UNDP projects for which they are selected (see regulation 8.10(/>)). The selection of an executing agency for a particular project is regulated by rule 108.14. In the latter respect, regulation 8.10 provides, in paragraph (d), that in the selection of an executing agency first consideration shall normally be given to organizations of the United Nations system. 6. Regulation 8.10^) authorizes the Administrator to "assign projects to a governmental, intergovernmental [institution] or organization not part of the United Nations system, or to UNDP itself for execution, and to "contract for the services of other agencies, private firms or individual experts in the execution of projects . . ." (emphasis added). However, the latter function has been entrusted by the Governing Council of UNDP to the Office for Projects Execution. 7. We understand, therefore, that the circular referred to in paragraph 1 above is confined to the designation of entities covered by regulation 2.\(h) (iii) (or SAO(e)), i.e., governmental or intergovernmental institutions or agencies not part of the United Nations system, and would not encompass Governments, organizations of the United Nations system, UNDP itself, or non-governmental entities or private firms. Since, unlike the category defined by regulation 2A(h) (ii) (i.e., organizations of the United Nations system), this category refers to an indefinitely large class of miscellaneous entities, it is necessary for the Administrator to decide which of them may be designated as executing agencies, and the circular is designed to set out the procedures for reaching that decision. 8. With regard to the requirement that all executing agencies sign an executing agency agreement, regulation 8.10(£) states as follows: "(b) Agreements shall be entered into between UNDP and executing agencies which are organizations of the United Nations system ..." As regards organizations outside the United Nations system, rule 108.14 (c) provides that "all designations [of an executing agency] shall be conditioned upon the existence of a signed executing agency agreement or other agreed arrangement between UNDP and the entity concerned." It appears, therefore, that while there is a mandatory requirement that organizations of the United Nations system

181 sign an executing agency agreement before they are selected to execute projects, such requirement does not seem to extend to other entities which may be entrusted with the execution of UNDP projects. 9. You may wish to consider, therefore, whether it will be possible or even necessary, in practice, to negotiate agreements with all the organizations that are eligible to act as executing agencies, particularly where the entities concerned do not perform executing agency functions on a regular basis. As we understand it, the practice in the past has been to use less formal arrangements for those entities that are called upon only occasionally to execute projects, as indicated in paragraph 10 below. However, if it is decided by UNDP, as a matter of policy, that all organizations outside the United Nations system must also sign an executing agency agreement, we see no legal objection to such requirement being included in the proposed circular. 10. The institutions listed below have not signed the Standard Executing Agency Agreement but at one time or another have acted as executing agencies either on the basis of a standard annex I to a project document or through an exchange of letters incorporating the terms of the standard annex, as indicated below: (a) Asian Development Bank (AsDB) — A standard annex I signed by AsDB and attached to each project document for AsDB's executed projects, in countries which have not signed the Standard Basic Assistance Agreement with UNDP; (b) Arab Fund for Economic and Social Development (AFESD) — An exchange of letters between AFESD and UNDP whereby the former was designated as executing agency for a particular project (REM/74/011); (c) United Nations Centre for Human Settlements (UNCHS) — An exchange of letters between UNCHS and UNDP providing that UNCHS agrees to be guided by the terms of the UNDP Standard Executing Agency Agreement.

8 October 1987

ANNEX

Historical background to the designation of executing agencies for UNDP projects i. BEFORE THE ESTABLISHMENT OF UNDP

The United Nations Development Programme was established by General Assembly resolution 2029 (XX) of 22 November 1965 through a merger of the Expanded Programme of Technical Assistance (EPTA) and the Special Fund (SF). Before the establishment of UNDP, the execution of technical assistance projects was carried out by participating organizations of EPTA. Paragraph 1 of the section on coordination of effort in annex I to Economic and Social Council resolution 222 A (DC) of 15 August 1949 reads as follows: "The projects falling within the competence of participating organizations should be carried out by them..."

182 Participating organization was defined under the resolution to mean the United Nations and the specialized agencies participating in EPTA. The original participating organizations were the United Nations, PAO, ICAO, ILO, UNESCO and WHO. Subsequently, the following specialized or related agencies participated in EPTA further to the explicit approval of the Economic and Social Council: (a) IAEA* (Economic and Social Council resolution 704 (XXVI) of 23 October 1958); (b) ITU" (Economic and Social Council resolution 400 (XIII) of 30 August 1951 ); (c) WMO" (Economic and Social Council resolution 400 (XIII); (d) UPUC (Economic and Social Council resolution 902 (XXXIV) of 2 August 1962); (e) mO? (Economic and Social Council resolution 1009 (XXXVU) of 21 July 1964); (/) Other specialized agencies (annex I to Economic and Social Council resolution 222 A (II)). H. AFTER THE ESTABLISHMENT OF UNDP

The following entities were subsequently designated as executing agencies for UNDP projects, by the methods indicated:

A. By decision of the General Assembly

(a) UNIDO* (General Assembly resolution 2152 (XXI) of 17 November 1966); (b) UNCTAD' (General Assembly resolution 2401 (XXIII) of 13 December 1968); (c) WTO* (General Assembly resolution 2529 (XXIV) of 5 December 1969); (d) Governments'1 (General Assembly resolution 3405 (XXX) of 28 November 1975).

B. By decision of the Economic and Social Council

(e) Regional commissions (ESCAP, ESCWA, ECA, ECE and ECLAC> (Economic and Social Council resolutions 1896 (LVD) of 1 August 1974 and 1952 (UX) of 23 July 1975).

C. By decision of the Governing Council, pursuant to a General Assembly mandate

(/) The UNDP Office for Projects Execution (OPE) (decision taken by the Governing Council in 1973, at its sixteenth session (E/5365/Rev.l), and reaffirmed by the Council in its decision 84/6 of 29 June 1984'). OPE (originally called "Project Executions Division" (PED)) was established in 1973 as an integral part of the UNDP secretariat structure for direct execution of UNDP projects under subcontracting arrangements. The establishment of the Office was first provided for in the 1974 budget estimates which were examined by the Advisory Committee on Administrative and Budgetary Questions and adopted by the Governing Council at its sixteenth session without specific reference to the proposed establishment of OPE. In 1984 the Governing Council, after considering the report of the Joint Inspection Unit (JIU) on OPE (JIU/REP.83/9), reaffirmed its approval of the establishment of the Office for Projects Execution to enable UNDP to provide direct project services to Governments. With reference to the JIU report, where the mandate of OPE was questioned, the Administrator, in justifying the establishment of OPE, invoked paragraph 41 of the annex to General Assembly resolution 2688 (XXV)k and stated that, it "was found essential to establish within UNDP a small unit for direct execution of projects under subcontracting arrangements" for purposes of using non-governmental institutions and private firms in UNDP assistance programmes. (g) Governmental and intergovernmental institutions which are not part of the United Nations system (Governing Council decision 81/28 of 30 June 1981). Through the adoption of the Financial Regulations and Rules of UNDP, the Governing Council has

183 authorized the Administrator, under regulations 2.1(/i)' and 8.10(£),m to also assign the execution of UNDP projects to governmental or intergovernmental institutions which are not part of the United Nations system. NOTES

"Paragraph 1 of Economic and Social Council resolution 704 (XXVI) reads as follows: "Decides to amend its resolution 222(IX) of 14 and 15 August 1949 to enable the International Atomic Energy Agency to become a member of the Technical Assistance Board and to participate in the Expanded Programme of Technical Assistance on the same conditions as the other participating organizations." "Paragraph 4 of Economic and Social Council resolution 400 (XIII) reads as follows: "Approves the participation of the International Telecommunication Union and the World Meteorological Organization in the expanded programme of technical assistance." "Paragraph 1 of Economic and Social Council resolution 902 (XXIV) reads as follows: "Approves the participation of the Universal Postal Union in the Expanded Programme of Technical Assistance." •"Paragraph 1 of Economic and Social Council resolution 1009 (XXXVII) reads as follows: "Approves the participation of the Intergovernmental Maritime Consultative Organization in the Expanded Programme of Technical Assistance." 'Paragraph 31 of General Assembly resolution 2152 (XXI) reads as follows: "The Organization [UNIDO] shall be a participating agency in the United Nations Development Programme and there shall be close cooperation and coordination between the Organization and the United Nations Development Programme. The Executive Director shall be a member of the Inter-Agency Consultative Board of the United Nations Development Programme." Taragraph 2 of General Assembly resolution 2401 (XXIII) reads as follows: "Decides that the United Nations Conference on Trade and Development shall be a participating organization of the United Nations Development Programme in conformity with General Assembly resolution 2029 (XX) of 22 November 1965." «Paragraph 5(b) of General Assembly resolution 2529 (XXIV) reads as follows: "The Union should function as an executing agency of the United Nations Development Programme and participate in the activities of the Programme in order to assist in the preparation and implementation of technical assistance and pre- investment projects in the field of tourism, financed by the Programme, and consideration should be given to enabling the Union to function as a participating and executing agency of the Programme." "Paragraph e (vii) of the annex to General Assembly resolution 3405 (XXX) reads as follows: "Governments and institutions in recipient countries should be increasingly entrusted with the responsibility for executing projects assisted by the United Nations Development Programme." 'Paragraphs 5 and 6 of Economic and Social Council resolution 1896 (LVII) read as follows: "Requests the Secretary-General, in consultation with the Administrator of the United Nations Development Programme, to make the necessary arrangements allowing for the delegation of the appropriate functions of an executing agency to the regional economic commissions for regional, subregional and interregional projects, financed by the Programme, in cases where such delegation is requested by the countries concerned and recommended by the Administrator of the Programme; "Requests the regional economic commissions to extend their cooperation to the United Nations Development Programme by participating in the planning and, as appropriate, the implementation of relevant regional, subregional and interregional

184 projects, and by ensuring the coordination with the Programme of their own activities and, in particular, the activities of the United Nations Development Advisory Teams." Paragraphs 4, 5 and 6 of Economic and Social Council resolution 1952 (LIX) read as follows: "Further requests the regional commissions at their intergovernmental sessions to pay increasing attention, in preparing their programmes of activities, to the inclusion of interregional projects which will directly assist their members in strengthening their development efforts and to take at these sessions greater initiatives, in consultation with the United Nations Development Programme and the countries concerned, in order to identify projects for which the regional commissions would be given the function of executing agencies by the United Nations Development Programme; "Calls upon the Secretary-General and the Administrator of the United Nations Development Programme to expedite in this connection the conclusion of the necessary arrangements, in order that the regional commissions may function as executing agencies for regional, subregional and interregional projects financed by the Programme; "Requests the Administrator of the United Nations Development Programme to utilize the services of the regional commissions at the request of the countries concerned for the purpose of making contributions to the forthcoming programme cycle, in particular to inter-country programming." 'Paragraphs 4 and 5 of Governing Council decision 84/6 read as follows: "Reaffirms that the Office for Projects Execution has been established with the full approval of the Governing Council in recognition of the need of the Administrator to have at his disposal an appropriate instrument for providing direct project services to Governments; "Approves the continued use of the Office for Projects Execution as an agent for the implementation of projects where the Administrator decides in consultation with the Government and the executing agencies concerned that the expertise or services required are such that the delivery of service through the Office will best serve the interests of the country concerned." "Paragraph 41 of the annex to General Assembly resolution 2688 (XXV) reads as follows: "When necessary to ensure the maximum effectiveness of Programme assistance or to increase its capacity, and with due regard to the cost factor, increased use may appropriately be made of suitable services obtained from governmental and non- governmental institutions and firms, in agreement with the recipient Government concerned and in accordance with the principle of international competitive bidding. Maximum use should be made of national institutions and firms, if available, within the recipient countries." 'Regulation 2.1(/z) reads as follows: "(/O 'executing agency' shall mean an entity to which the Administrator has entrusted the implementation of UNDP assistance to a project and shall include the following: " (i) A recipient Government or Governments; " (ii) Organizations of the United Nations system, i.e., the United Nations, the specialized agencies, the International Atomic Energy Agency and other organizations that are or become part of the United Nations system. These organizations are referred to as participating and executing agencies; "(iii) A governmental or intergovernmental institution or agency not part of the United Nations system: "(iv) UNDP itself." •"Regulation 8.10 (e) reads as follows: "(e) Under conditions established by the Governing Council, the Administrator is also authorized, subject to the agreement of the requesting Government or Governments,. . . to assign projects to a governmental or intergovernmental institution or agency not part of the United Nations system ..."

185 9. POLICIES GOVERNING THE ATTRIBUTION OF AUTHORSHIP IN UNITED NATIONS PUBLICATIONS, DOCUMENTS AND OTHER OFFICIAL PAPERS

Memorandum to the Under-Secretary-General for Conference Services and Special Assignments

1. We are forwarding you herewith the attached paper on the attribution of authorship in United Nations publications, documents and other official papers. 2. It is hoped that the attached paper will be helpful in the preparation by the Publications Board of the guidelines for granting exceptions to the rule of anonymity. 3. It should be noted that the attached paper is not concerned with the issue of outside publications.

21 December 1987

Attribution of authorship in United Nations publications, documents and other official papers

1. Article 97 of the Charter of the United Nations, in outlining the composition of the Secretariat as one of the principal organs of the United Nations, makes reference to the Secretary-General and to the staff. This could give the impression that the staff has received independent recognition, were it not stated in the same Article that the Secretary-General "shall be the chief administrative officer of the Organization." Appointed by the General Assembly, he is, under the Charter (Article 98), responsible for the Secretariat vis à vis the organs of the United Nations and the Member States. Acting as chief administrator, he performs such functions as are entrusted to him by the Charter and by the organs of the Organization. In his capacity as chief administrator, the Secretary-General is given the authority by the Charter to appoint, in accordance with regulations established by the General Assembly, such staff as may be required for the Organization (Articles 97 and 101). 2. In the light of these provisions of the Charter, it is essential that the Secretary-General should have complete control over the work done by the Secretariat, including all publications, documents and other papers produced by the Secretariat in servicing the Organization. Therefore, it is not only essential but mandatory that these publications, documents and other papers be attributed to the Secretary-General. Thus the attribution of authorship to the Secretary-General is the logical consequence of his bearing full responsibility for the work of the Secretariat. 3. This is not to say that part of the Secretary-General's responsibility cannot be delegated by him or by the General Assembly to senior Secretariat officials appointed by the General Assembly (such as the heads of United Nations bodies like UNDP, UNICEF, UNEP, etc.) and to Under-Secretaries-General. It is understood that the officials in question continue to act under the control of the Secretary-General as chief administrator of the Organization and that he can

186 always overrule any of their decisions. 4. Individuals who choose to work in the service of the United Nations Secretariat voluntarily accept the conditions and limitations such service implies, including the condition, consequential upon the above provisions of the Charter, that what they say or do in the exercise of their official functions is attributable to the Secretary-General. The Staff Regulations of the United Nations are clear in this regard. Under regulation 1.2, "Staff members are subject to the authority of the Secretary-General and to assignment by him to any of the activities or offices of the United Nations. They are responsible to him in the exercise of their functions. The whole time of staff members shall be at the disposal of the Secretary- General. The Secretary-General shall establish a normal working week." 5. Among the relevant provisions of the Staff Rules of the United Nations, one may quote the following:

"Rule 101.6 "Outside activities and interests

"(e>) Staff members shall not, except in the normal course of official duties or with the prior approval of the Secretary-General, perform any one of the following acts, if such act relates to the purpose, activities or interests of the United Nations:

(iv) Submit articles, books or other material for publication." and

"Rule 112.7 "Proprietary rights

"All rights, including title, copyright and patent rights, in any work performed by a staff member as part of his or her official duties shall be vested in the United Nations." 6. It should also be mentioned that under the Standard Basic Assistance Agreements concluded by the United Nations on behalf of UNDP with more than ninety Governments, "... patent rights, copyrights and other similar rights to any discoveries of work resulting from UNDP assistance, under this Agreement shall belong to UNDP" (article III, paragraph 8). 7. This explains why from the very beginning of the Organization's existence (the earliest reference available in the records is to a 1949 instruction) the policy has been to attribute to the Secretary-General all publications, documents and other papers emanating from the Secretariat and otherwise keeping them anonymous. As a consequence, direct or indirect attribution of authorship to individual staff members, has, as a rule, not been permitted. 8. The two most recent administrative instructions on the subject provide as follows. Under administrative instruction ST/AI/189/Add.6 of 14 June 1972, entitled "Attribution of authorship in United Nations publications, documents and other papers",

187 "3. The general principle to be applied is that publications are issued in the name of the Organization, while documents emanating from the Secretariat are attributed to the Secretary-General. The major organizational unit mainly involved in producing a publication or document may be indicated in the front matter or introduction; however, attribution, either direct or indirect, to individual members of the Secretariat is not permitted." and under administrative instruction ST/AI/189/Add.6/Rev.2 of 14 October 1982, also entitled "Attribution of authorship in United Nations documents, publications and other official papers", "3. The general principle to be applied is that publications are issued in the name of the United Nations, while documents emanating from the Secretariat are attributed to the Secretary-General or to the Secretariat. "4. Attribution, either direct or indirect, to individual members of the Secretariat is not permitted in documents, publications or other official papers, nor may such attribution be made in a preface, foreword or introduction." 9. Both instructions admit departure from the rule of anonymity in very exceptional instances and contain similar language to this effect. The 1982 instruction provides as follows:

"K. Departure from the rules"

"22. Departure from these rules may be made only with the personal written permission of the Secretary-General or of the Chairman of the Publications Board." 10. The above provision could be interpreted as implying a delegation of authority by the Secretary-General similar to those mentioned in paragraph 3 above, but granted on a case by case basis in very exceptional situations. 11. The available information indicates that the issue of attribution of authorship in the United Nations has arisen throughout the years in the following terms: (a) Could a paper prepared by a staff member as part of his official duties and appearing in a United Nations publication be attributed to the staff member otherwise than on an exceptional basis? (b) Would a staff member who prepared an article outside working hours and had it published under the imprint of the United Nations be considered as having performed official duties and enjoy the corresponding immunities? (c) Could United Nations publications, documents and other papers issued under the name of the Secretary-General give credit to individual staff members for their substantial assistance to the Secretary-General in the preparation of such papers? 12. The issue is in effect whether, instead of being exceptional, the attribution of authorship to staff members performing their official duties should be permitted on the basis of certain guidelines and criteria, i.e., whether, when the relevant guidelines or criteria are met, a paper prepared by a staff member should be automatically published under the name of its author without exceptional permis-

188 sion being required from the Secretary-General. In such a case, since official responsibility rests with the Secretary-General and the staff member is acting in his official capacity, he will have immunity for the work done. 13. In 1970, the Publications Board, with the approval of the Secretary- General, developed, on an experimental basis, some criteria and procedures which would have allowed for the attribution of authorship to staff members acting in the exercise of their official duties. These criteria and procedures were as follows: "(a) The heads of the Department of Economic and Social Affairs, the secretariats of the regional economic commissions, UNCTAD and UNIDO should be invited to inform the Publications Board which of their periodicals and which of their publications in established series consistently contain material which could be considered as purely scientific or technical, not dealing with questions upon which any United Nations organ or body has taken policy decisions or questions upon which the Governments of Member States adopt policy positions; "(&) The Publications Board will review the information thus provided and establish a list of periodicals and series in which attribution of authorship to staff members could be approved by the heads of the office concerned under the procedure set out in (c) below, as exceptions to the general rule permitted under paragraph 3 of administrative instruction ST/AI/167; "(c) The heads of the offices would establish 'reading committees' — an arrangement in force in UNESCO — to review articles or studies contributed for inclusion in the publications in the approved list, both as to their substance and as to the propriety of attributing authorship when the material is the work of a staff member. The head of the office will make the final decision on attribution to staff members based on the advice of these committees." 14. In reviewing this experimental policy, the Publications Board in 1978 found it was unsatisfactory for the following reasons: "13. A review of the articles for which attribution had been sanc- tioned revealed that most of them had not met the specifications laid down in the arrangement approved by the Publications Board. Some of them were admittedly based, not on independent research or original work, but rather on studies carried out by units of the Secretariat and on internal documents. Few, if any, met the criterion that they should contain 'material that could be considered as purely scientific or technical, not dealing with questions upon which any United Nations organ or body had taken policy decisions or questions upon which the Governments of Member States had adopted policy positions.' Most of them related clearly to subjects dealt with by legislative bodies of the United Nations. "14, There was no evidence that the procedure" for substantive clearance by the head of the division, editorial clearance by the editorial unit concerned and policy clearance by the head of the department or office had been followed. "15. In the opinion of the Special Adviser, the experiment had not substantiated the arguments advanced in favour of attributing authorship to staff members (PB/77/GEN/11, annex I). There was no evidence that

189 relaxation of the rule of anonymity had attracted articles of superior worth. There was no evidence that it had enabled the United Nations to recruit high-level experts who would not otherwise have accepted posts. The claim that experts had to become professionally dormant while working at the United Nations had already been refuted; staff members might, in accordance with the established procedure (ST/AI/190), publish in their own name in outside journals provided that their work was based on original thought and effort." 15. In 1987 the matter was raised again by the Department of International Economic and Social Affairs, which suggested a new set of criteria for attribution of authorship. It seems that this suggestion could serve as a basis for further consideration. The solution might be sought along the following lines: — To identify United Nations periodicals created by resolutions permitting publication therein of papers otherwise than in the name of the Secretary-General; — To establish criteria which the contents of the manuscript should meet: (a) The manuscript must be based on independent work and not contain material forming part of United Nations reports and documents; (b) The manuscript should contain information which is publicly available and should not use information received by the United Nations on a privileged basis; (c) The manuscript should meet the criteria of impartiality mandatory for all United Nations publications; — To set up a procedure for the clearance of such papers for publication. Such procedure should probably envisage that the authorization by the head of the relevant department should be required and that the Publications Board should be informed about such decisions in order to have a chance to review the implementation of policy at the time required. 16. As regards the question raised in subparagraph (b) of paragraph 11 above, it appears that if a staff member prepared a paper on his personal time, then he would not be considered as having acted in the exercise of his official duties. Although the paper would be published under the imprint of the United Nations, the staff member would not be immune with regard to its content because article V, section 18 (a) of the Convention on the Privileges and Immunities of the United Nations9 would not be applicable in such a case. The inclusion of a disclaimer indicating that the views expressed in the a paper are those of the staff member and not those of the United Nations would further confirm that the paper had not been prepared in the exercise of the staff member's official duties. 17. Therefore the reply to the question raised by the Publications Board at its meeting on 20 October 1987 and addressed to the Office of Legal Affairs is that a staff member publishing an article in a United Nations periodical as his personal endeavour would not be protected under the Convention on the Privileges and Immunities of the United Nations and would be liable for that writing while the United Nations would be immune.

190 18. As for the question referred to in subparagraph (c) of paragraph 11 above, what is involved is not attribution of authorship stricto sensu, but giving credit to those involved in a work attributed to the Secretary-General. To some extent the present rules already permit crediting departments. Paragraph 6 of the aforementioned 1982 administrative instruction states the following in this regard: "The cover and title-page of publications may bear the name of the department, regional commission, major conference or other United Nations body in which the publication originated. Attribution may not normally be made to any unit of the Secretariat smaller than a department, office or regional commission." 19. The purpose of this clause is to cover situations where it may be useful for financial or other reasons to let Member States know what part of the Secretariat has been involved in the drafting of the paper. It is argued that the same regime could be made applicable to individual staff members in order to raise the morale of the Secretariat and that the Secretary-General's reports could indicate the names of the staff members who substantially contributed to their preparation. 20. Such approach, however attractive it may seem at first glance, could have undesirable consequences. The present regime already may result in arguments as to the appropriateness of involving particular departments in doing a specific study. The problem would be compounded if the authors of the study were identified by name and outside interference in the assignment of specific projects to individual staff members would become a risk.

10. LEGAL QUESTIONS CONCERNING THE FUNCTIONING OF THE STAFF ASSOCIATION OF THE UNITED NATIONS ENVIRONMENT PROGRAMME

Memorandum to the Under-Secretary-General for Administration and Management

1. This is in response to a memorandum from UNEP of 1 October on the UNEP Staff Committee as well as to other communications on the subject. The legal questions arising from those communications are as follows: (à) Whether a section of the UNEP staff has a right to withdraw from the Staff Association of UNEP and to form a separate staff association and, if it does have such a right, what is the status of such other association; (b) Whether, in the light of the resignation of a large number of staff members from the Staff Association, it should still be recognized as the sole and exclusive staff representative body in terms of rule 108. l(c) of the Staff Rules; (c) At what time does a resignation from the Staff Committee take effect if no nomination of a candidate for election to the vacancy is received.

191 Question (a)

2. Rule 108.1(e) of the Staff Rules recognizes that, in accordance with the principle of freedom of association, staff members may form and join associations. It also provides that contacts and communications between the Administration and the staff on issues relating to staff welfare shall be conducted solely and exclusively through the single "staff representative body" established pursuant to regulation 8.1 (a) to (c) of the Staff Regulations. The reasons for this provision are the difficulties which the Administration would face if it had to deal with several staff representative bodies, which may have divergent views, and the desirability of decisions made by the Administration with the agreement of a staff representative body applying to the entirety of the staff. Article 4.1 of the statute of the Staff Association, which provides that "all members of the staff of UNEP are members of the Staff Association", was evidently drafted in the light of these considerations. However, apart from these considerations, the Staff Rules and the statute of the Staff Association cannot negate the right of staff members to refuse to become, or to withdraw from, the sole staff representative body provided for in rule 108.1(e). Besides, the right to freedom of association recognized by the rule itself, the Universal Declaration of Human Rights (to which the United Nations is solemnly pledged — Robinson, Judgment No. 15 of the United Nations Administrative Tribunal), states that "no one may be compelled to belong to an association" (article 20, paragraph 2). Accordingly, the staff members who have resigned from the Staff Association should no longer be regarded as members of that body, and they are also entitled to form a separate staff association. 3. Assuming the Staff Association were to continue to be recognized as the sole and exclusive staff representative body in terms of rule 108.\(e) (see question (b)\ the Executive Director should not have formal contacts and communications with any other staff association on issues relating to staff welfare. However, informal consultations with such other staff associations would be permissible, if the Executive Director so desires, and it would also be open to those associations to submit proposals to the Executive Director which he may consider (though he is not obliged to do so).

Question (b)

4. In requiring that all formal contacts and communications on issues relating to staff welfare must be through a single staff representative body, rule 108.\(e) assumes that, as required by regulation 8.10), that body is organized in such a way as to afford equitable representation to all staff members. From a letter sent on behalf of a UNEP staff Subcommittee investigating the statutes of staff associations within the United Nations system, it appears that the principal complaint of the staff members who have resigned from the Staff Association is that article 17.1 of the Association's statute is so drafted that Professional staff do not obtain equitable representation in the Staff Committee, which is the principal executive organ of the Staff Association. Since, under that article, all staff are entitled to vote for the representatives of all electoral units of the Staff Committee (including the two units consisting of the professional staff), and since the General Service staff heavily outnumber the Professionals, the former can in fact determine which candidates will represent the latter in the Staff Committee.

192 5. Regulation 8.1(6) requires electoral regulations drawn up by a staff representative body to be agreed to by the Secretary-General. It would appear, however, that the statute of the Staff Association, including its electoral regulations, was never agreed to by the Executive Director (who has delegated authority from the Secretary-General to agree to it). However, the practice has been to permit the use of unapproved electoral regulations as long as the Secretary-General or his delegate does not explicitly object. Indeed, no objection would normally be forthcoming if the election procedures worked satisfactorily. 6. In the light of the current situation, however, we believe it would be justifiable for the Executive Director to indicate to the Staff Association that he can no longer recognize it as the sole and exclusive representative body envisaged in rule 108.1(e), for the reason that it is not organized in such a way as to afford equitable representation to all staff members. It could, of course, continue to function as a staff association representing its members, and the Executive Director would consult with it, and entertain proposals made by it. However, the funds ear- marked for it as the sole and exclusive representative body envisaged in rule 108.1(e) need not be released to it — and probably should at most be released in proportion to the staff it does represent. A relationship involving informal consultation may also be established with any newly formed staff association. Since, clearly, it is to the advantage of all concerned that the staff be once more represented by a single staff association, efforts should be made to agree on a set of electoral regulations which are equitable and acceptable to both factions.

Question (c)

1. Article 18.4 of the statute of the Staff Association provides that "a resignation shall take effect on the date on which the vacancy has been filled". In the present case, the vacancies created by the letters dated 29 April and 4 May 1987 could not be filled because no nominations were forthcoming as required by articles 16.3, 16.4 and 16.5 of the Staff Association statute. The purpose of article 18.4 appears to be to permit the Staff Committee's proceedings to be conducted uninterruptedly despite the resignation (e.g., to prevent an inability to hold meetings owing to the lack of a quorum). However, a secondary effect of this provision is to prevent a resignation from taking effect, in spite of the express wishes of the incumbent, until a successor takes office — a matter over which the incumbent has no control and which may, as in the present case, take indefinitely long. If the position of staff representative is considered as essentially an assignment to a Secretariat organ (and staff associations are that), then it might be argued that an incumbent cannot resign except subject to the conditions specified — i.e. those in article 18.4. However, because of the special nature of staff associations, they are subject to the basic rule of freedom of association discussed in paragraph 2 above — and if a staff member cannot be required to participate in a staff association, a fortiori he cannot be required to retain an office in it indefinitely. But even aside from this, we consider that the article should be read subject to the qualification that a resignation must in any event be permitted to take effect at the expiration of a period reasonably sufficient for the completion of the procedures necessary for filling the vacancy.

17 November 1987

193 11. QUESTION OF THE ACCEPTANCE BY A STAFF MEMBER OF A NOMINATION BY THE GOVERNMENT OF A MEMBER STATE AS "CHEVALIER DE LA LÉGION D'HONNEUR" — REGULATION 1.6 OF THE STAFF REGULATIONS OF THE UNITED NATIONS — ARTICLE 100, PARAGRAPH 2, OF THE CHARTER OF THE UNITED NATIONS

Memorandum to the Chef de Cabinet, Under-Secretary-General, Executive Office of the Secretary-General

1. You have asked for my advice concerning the acceptance by a staff member of his nomination by the Government of (name of a Member State) as "Chevalier de la Légion d'Honneur" for his previous service with the Government. 2. This matter is regulated by regulation 1.6 of the Staff Regulations of the United Nations, which reads as follows: "No staff member shall accept any honour, decoration, favour, gift or remuneration from any Government excepting for war service; nor shall a staff member accept any honour, decoration, favour, gift or remuneration from any source external to the Organization, without first obtaining the approval of the Secretary-General. Approval shall be granted only in exceptional cases and where such acceptance is not incompatible with the terms of regulation 1.2 of the Staff Regulations and with the individual's status as an international civil servant." The first clause of the regulation, which is applicable here, lays down a categorical injunction against acceptance by a staff member of any honour, decoration, favour, gift or remuneration accorded by a Government. It leaves absolutely no discretion to the Secretary-General for approval of such acceptance. This is emphasized by the fact that as regards honour, decoration, favour, gift or remuneration from non-governmental sources, the Secretary-General is given strictly circumscribed discretion to approve acceptance. 3. The basis for this regulation lies in Article 100, paragraph 2 of the Charter of the United Nations, which reads: "Each Member of the United Nations undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities." 4. The categorical injunction laid down by the first clause of regulation 1.6 has been strictly and consistently enforced in practice. 5. In conclusion, the nomination of "Chevalier de la Légion d'Honneur" can only be accepted by the staff member after leaving the Organization.

25 November 1987

194 12. TERMINATION OF A PERMANENT OR FIXED-TERM APPOINTMENT FOR ABSENCE ON SICK LEAVE — RELEVANT PROVISIONS OF THE STAFF REGULATIONS AND RULES OF THE UNITED NATIONS

Memorandum to the Medical Director, United Nations Headquarters and to the Director, Office of the Under-Secretary-General for Administration and Management

This is with reference to the question of what can be done about staff members who constantly have certified illnesses, to the point of exhausting or even exceeding their authorized sick leave. The following text is based on the preliminary thoughts we had prepared for a meeting on this subject, taking into account the points discussed.

1. Challenging certification

Under rule 106.2(o) (viii) of the Staff Regulations and Rules of the United Nations, the Secretary-General (i.e., the Medical Director) can in effect challenge a staff member's claim to sick leave, even if certified by the latter's physician. Any resulting dispute must be submitted to a mutually agreed independent practi- tioner or medical board — which is rarely done. Though the relevant rule does not indicate whether or not such a determination is final, the answer probably is that, though the Secretary-General is not bound, he is unlikely to prevail in the United Nations Administrative Tribunal if he should disregard such a determination without an excellent reason.

2. Disciplinary dismissal

If it is found that a certification was forged or procured fraudulently, or that sick leave is abused for outside work, then appropriate disciplinary action — probably summary or other disciplinary dismissal — can be taken. Some disciplinary action can also be taken if a staff member on sick leave leaves the area of the duty station without permission, in violation of rule 106.2(a) (ix).

3. Termination for reasons of health

Regulation 9.1 (a) permits the termination of a permanent appointment (and regulation 9.\(b) of a fixed-term appointment) if the staff member "is, for reasons of health, incapacitated for further service." This raises several questions: (a) Can a person be considered incapacitated for further service merely because of frequent, extensive absences, if between such absences he can actually perform work? At least in certain positions, it could be held that reasonably consistent and reliable presence is of the essence, and that someone who must be irregular for reasons of health therefore cannot hold such posts; if, then, such a person is not qualified for any other post, termination under regulation 9.1 (a) would be appropriate. (b) Would an official terminated under regulation 9.1 (a) necessarily be entitled to a disability benefit under article 33 of the United Nations Joint Staff Pension Fund Regulations — which would merely shift to the Pension Fund

195 (UNJSPF) a burden otherwise borne by the Organization? The standard established by paragraph (a) of that article is "incapacitated for further service in a member organization reasonably compatible with his abilities, due to injuries or illness constituting an impairment to health which is likely to be permanent or of long duration." Although a prediction of duration is not explicitly required by regulation 9.1 (a), it might be considered implied — i.e., if an official with a bad sick leave record can show that in the future he will no longer have such problems (e.g., as a result of an operation or a cure), termination would be inappro- priate. Nevertheless, it might be possible to terminate someone under this regulation without also awarding a disability benefit; in this respect it might help that the respective decisions are taken by different bodies, though the Administrative Tribunal is likely to examine critically any apparently inconsistent decisions on termination and disability benefits. The situation is not essentially different if the health problem is service-incurred, except that the person would then also be entitled to some payment under article 11.1 (c) of appendix D to the Staff Rules (subject to article 4.1 ). (c) What procedure would be used to implement a termination for reasons of health? The Staff Rules are silent on this, since the relevant function of the Appointment and Promotion Board is limited to the termination of appointments for unsatisfactory service (see rule 104.14(/) (ii) (c), and para. 4 below). Though this would suggest that a health-related termination could be carried out without following any special procedures and without any review by a joint body, this would be an unsatisfactory approach. It might therefore be best to amend the cited rule slightly to provide for the competence of the Appointment and Promotion Board in those cases, or to assume that the Board already has such competence.

4. Termination for unsatisfactory service

Regulation 9. \(a) also provides for termination "if the services of the individual concerned prove unsatisfactory". The question therefore is whether excessive absences for reasons of health might, by themselves, constitute unsatisfactory service? (a) In favour of that proposition, it might be argued that staff are entitled to generous sick leave (staff rule 106.2); therefore, any absence beyond that must be first by annual leave and, on the exhaustion of the latter, by special leave (with full, partial or no pay) under staff rule 105.2(a); as such special leave need not be granted, i.e. it is a matter of grace, it would not be unreasonable to deny such leave and, if the staff member remains absent, there could be termination for unsatisfactory service or for abandonment of post. (b) However, against this proposition it could be argued that in the cited regulation the provision concerning unsatisfactory service is followed immediately by that for separation for reasons of health (see para. 3 above), so that if the service is unsatisfactory only for reasons of health, then that latter provision should be relied on. (c) Although there may be instances in which a staff member who has excessive health-related absences, serves perfectly satisfactorily when present, it is likely that in most instances this is not so. Consequently, if a staff member's

196 service, taken as a whole, with due account of the health-related absences, is not satisfactory, this should be reflected in the performance evaluation reports, and termination or non-renewal action be taken accordingly.

5. Agreed termination

If a staff member cannot be terminated for unsatisfactory service (see para. 4 above), and separation for reasons of health is considered too expensive for the Organization and/or the Pension Fund (see subpara. 3(b) above), termination under the final paragraph of regulation 9.1 (a) can be considered. This requires the payment of a termination indemnity (which for long-serving staff (over 15 years) amounts to a year's pay), plus payment in lieu of notice under rule 109.3(c) of the Staff Rules (usually three months), plus possibly, under regulation 9.3(6), termination indemnity up to 50 per cent higher than that which would otherwise be payable — for a total equivalent to some 21 months' salary. In this connection it should be noted: (a) Such payments should not be agreed to if the remaining period of service (to normal retirement or to expiration of a fixed-term contract) would not justify it. (b) No matter how much is offered (within the permissible parameters stated above), the staff member need not accept, and may insist on a more favourable termination for reasons of health (see para. 3 above). (c) If the staff member is mentally badly disturbed, "agreed" termination may not be an option, for the staff member may no longer have the capacity to consent — and thereby in effect waive his rights to a disability benefit.

6. Extension of fixed-term appointments until exhaustion of sick leave

It is the policy of the Organization that if a staff member is on sick leave at the time his fixed-term appointment expires, such appointment is extended until the sick leave is exhausted."

7. Retirement during sick leave

Although some time ago the UNJSPF Secretary took the position that an official on sick leave could not take regular, early or deferred retirement benefit, but had to take a disability benefit, which precluded the receipt of a partial lump sum withdrawal, in view of the Zanartu case12 that position is no longer maintained. Consequently, officials on sick leave can opt for regular retirement benefit.

11 August 1987

197 13. ASSESSMENT OF DAMAGE TO UNITED NATIONS VEHICLES AND UNITED NATIONS-OWNED EQUIPMENT ATTRIBUTABLE TO GROSS NEGLIGENCE ON THE PART OF PERSONNEL OF A UNITED NATIONS PEACE-KEEPING MISSION — UNTSO ADMINISTRATIVE CIRCULAR 7/79 — RULE 112.3 OF THE STAFF RULES OF THE UNITED NATIONS

Memorandum to the Director for Field Operational and External Support Activities, Department of Administration and Management

1. This is in response to your memorandum of 20 July on the assessment of damage to United Nations vehicles and United Nations-owned equipment attributable to gross negligence on the part of personnel of a United Nations peace-keeping mission. You state that difficulties have arisen in two areas regarding such assessment. You first indicate that: "Whenever the circumstances fit the definition precisely, the existing definition of gross negligence and the situations under which a charge for damage may be assessed are causing little difficulty at the missions. However, there are two principal areas where additional clarification is called for, namely: — Where United Nations-owned vehicles are being used for 'off-duty' purposes, or for 'liberty travel' for which a mileage charge is being assessed, and — Whether a distinction needs to be made in respect of military personnel between United Nations military observers (UNMOs) in an observer mission and soldiers in a national contingent in a peace-keeping force." In this regard, you mention that the Property Survey Board of the United Nations Truce Supervision Organization (UNTSO) operates on the basis of UNTSO administrative circular 7/79, and point out that thereunder "the driver, whether he is a military observer or a United Nations civilian staff member, can be held financially responsible for up to 100 per cent of the actual cost of repairs/loss incurred by the Organization, in cases where damage results from his negligence, whether gross or not, while the vehicle is being used for 'liberty travel'". 2. Regarding your request for "some additional guidance on the application of the gross negligence provisions as a basis for assessing damage sustained by United Nations vehicles and other items of United Nations-owned equipment in a peace-keeping operation", we would refer you to advice on this general subject that has been previously provided in the following documentation: (a) Memorandum dated 17 October 1969 from the Assistant Secretary- General, Office of General Services, and the Legal Counsel, to the Chairman of the Headquarters Property Survey Board entitled "Procedure in vehicle accident cases"; (b) Legal opinion of 20 August 1975, entitled "Advice on the procedure to be followed to collect compensation for damage caused to UNEF property by members of military contingents";13 (c) Legal opinion of 6 October 1975, entitled "Question of the financial responsibility to the Organization of members of the staff for accidental damage caused to United Nations vehicles while driving such vehicles — Policy of the Organization in this respect";14

198 (d) Memorandum dated 8 March 1976 from the Director of the General Legal Division, Office of Legal Affairs, to the Chairman of the Headquarters Property Survey Board, entitled "Financial responsibility of staff members for non-fault vehicle accidents"; (e) Letter dated 2 March 1979 from the Acting Director of the General Legal Division, in charge of the Office of Legal Affairs, to the Legal Adviser, Office of the Chief Coordinator of United Nations Peace-keeping Missions in the Middle East. 3. With respect to this documentation, we would particularly point out that the referenced UNTSO administrative circular, which appears to apply only to civilian staff members and military observers, comports with the advice presented in the above-cited legal opinion of 6 October 1975 as well as rule 112.3 of the Staff Rules of the United Nations. This legal opinion, in citing the following part of the above-referenced Legal Counsel's memorandum of 17 October 1969, indicates that the circumstances under which a driver of a United Nations vehicle should be considered financially accountable to the Organization for damage caused to the vehicle depend in part on whether it was being used for official or non-official purposes: "Section VII of the draft [text of the Property Survey Board to establish assessment policy guidelines] would, as we understand it, make a driver of a United Nations vehicle financially accountable, subject to certain limitations, for damage caused to the vehicle if it is damaged (a) while being used on official business as a result of gross negligence on the part of the driver, (b) while being used on official business as a result of negligence, but not gross negligence, on the part of the driver, and (c) while being used for a recreational purpose (a permissible use in certain missions) as a result of negligence, whether gross or not, on the part of the driver. "A case of gross negligence in our opinion would be one involving an element of recklessness such as driving a vehicle at an obviously excessive speed or while intoxicated or in obvious breach of the rules of the road. 'To require a driver to be financially accountable in cases of the type referred to in (à) and (c) above would not appear to be unreasonable. It does not seem reasonable to us, however, that a United Nations driver should be made financially accountable in the type of case referred in (b) "15 We would mention that insofar as this opinion, in addressing the issue of assessment of staff members and military observers, maintains that a driver of a United Nations vehicle should be held financially accountable for damage caused to the vehicles as a result of gross negligence on his/her part while driving for official purposes, and for damage resulting from negligence, whether gross or not, on his/her part while driving for recreational/non-official purposes, the position expressed is consistent with the principle of financial responsibility of staff presented in rule 112.3 of the Staff Rules. Under that rule, it is permissible to require a staff member "to reimburse the United Nations either partially or in full for any financial loss suffered by the United Nations as a result of the staff member's negligence or of his or her having violated any regulation, rule or administrative instruction."

17 September 1987

199 14. REQUEST FOR AN EX-GRATIA PAYMENT ON BEHALF OF A FORMER MEMBER OF A NATIONAL CONTINGENT IN THE UNITED NATIONS EMERGENCY FORCE IN THE SINAI DESERT — CONDITIONS TO BE MET FOR AN EX-GRATIA PAY- MENT TO BE APPROPRIATE — RULE 1 10.13(fl) OF THE FINANCIAL REGULATIONS AND RULES OF THE UNITED NATIONS — UNITED NATIONS PRACTICE REGARDING REIMBURSEMENT OF COMPENSATION AWARDS MADE BY TROOP-CONTRIBUTING COUNTRIES TO CONTINGENT MEMBERS

Memorandum to the Under-Secretary-General for Special Political Affairs

1. This is in response to your routing slip of 3 February seeking our comments on the letter from solicitors to the United Nations Secretariat of 19 January 1987, concerning their request for an ex-gratia payment on behalf of a former member of the contingent of a Member State in the United Nations Emergency Force in the Sinai Desert II in 1974. The solicitors are requesting that the United Nations make this payment to their client, on the basis that the latter has allegedly been suffering from insomnia, stress, anxiety and depression which his medical advisor has intimated stems from his tour of duty with those forces.

A determination regarding an award of an ex-gratia payment cannot be made on the basis of the claims as presented

2. While it would be for the Office of the Under-Secretary-General for Administration and Management to decide whether an ex-gratia payment would be appropriate in this case, rule 110.13(a) of the Financial Regulations and Rules of the United Nations specifies that an award of an ex-gratia payment may be considered only after there has been an initial determination by our Office that no legal liability exists on the part of the Organization. We are unable to make such a determination at this stage for the following two reasons: (a) Based on established United Nations procedures for dealing with compensation claims from members or former members of various United Nations peace-keeping operations, all claims of this nature must be forwarded officially to the United Nations by the respective claimant's national Government, through its permanent mission to the United Nations, and not by the individual claimant directly. It has been the practice of the United Nations to reimburse a troop- contributing State for compensation paid on behalf of one of its nationals for death, injury or illness incurred while performing official duties with a United Nations peace-keeping force, provided that such payment has been made in accordance with the national legislation applicable to service in the armed forces of that State and that the State's claim for reimbursement has been duly certified by its Auditor-General (or an official of similar rank) as based on payment properly made pursuant to specific provisions of national legislation. (b) There is insufficient evidence available upon which to make an assessment regarding legal liability as no substantiating documentation (i.e., factual, medical or legal certification) has been submitted with respect to this claim.

200 Establishment of the United Nations practice regarding reimbursement of compensation awards made by troop-contributing countries to contingent members

3. The aforementioned United Nations practice regarding reimbursement of compensation awards is referred to by the Secretary-General in paragraph 21 of his report on the "Financing of the United Nations Emergency Force and of the United Nations Disengagement Observer Force", dated 30 October 1974'6 which states: "... The Secretary-General has continued the practice whereby a troop contributor [to a United Nations peace-keeping force] makes such payments [i.e., death and disability awards] to beneficiaries as are prescribed under the national legislation of its country and reimbursement is then claimed from the United Nations for such amounts." 4. The principle that compensation payments for service-incurred death or disability must be made in the first instance by the troop-contributing State concerned was embodied explicitly in the regulations respectively governing UNEFI and UNFICYP. Article 40 of the Regulations for the United Nations Emergency Force, dated 20 February 1957,17 provides: "Service-incurred death, injury or illness. In the event of death, injury or illness of a member of the Force attributable to service with the Force, the respective State from whose military services the member has come will be responsible for such benefits or compensation awards as may be payable under the laws and regulations applicable to service in the armed forces of the State..." Article 39 of the Regulations for the United Nations Peace-keeping Force in Cyprus, dated 25 April 1964," incorporates the exact wording of article 40 of the UNEF I Regulations. 5. While no comparable set of regulations was issued with respect to UNEF II, provisions were similarly made in the budgets for the Force for reimbursement of death and disability awards made by troop-contributing States. For example, the cost estimates for UNEF for the period from 25 October 1973 to 24 April 1974 included US$ 200,000 for reimbursement of "extra and extraordinary costs to Governments — death and disability awards to members of contingents".19 With reference to the combined cost estimates for UNEF and UNDOF for the period from 25 October 1978 to 24 October 1979, the report of the Secretary-General on "Financing of the United Nations peace-keeping forces in the Middle East — United Nations Emergency Force and United Nations Disengagement Observer Force", dated 15 November 1978,20 explained, in annex II, paragraph 75, as follows, that the specific cost estimates for "death and disability awards" were based on a formula of reimbursement: "These estimates provide for the reimbursement of troop-contributing Governments for payments made by them based upon national legislation and/or regulations for death, injury, disability or illness of members of the Forces attributable to service with UNEF and UNDOF." 3 April 1987

201 15. QUESTION OF RESERVATIONS TO THE 1953 CONVENTION ON THE POLITICAL RIGHTS OF WOMEN — COMMENTS ON SUGGESTIONS TO BRING ARTICLE VII OF THE CONVENTION INTO CONFORMITY WITH THE PROVISIONS ON THE LEGAL EFFECT OF RESERVATIONS CONTAINED IN ARTICLE 21 OF THE 1969 VIENNA CONVENTION ON THE LAW OF TREATIES

Letter to the Secretary for External Affairs, Ministry of External Affairs of a Member State

This is in response to your letter dated 4 August 1987 on the question of reservations to the 1953 Convention on the Political Rights of Women.21 The last paragraph of article VII of the Convention, providing that the Convention shall not enter into force between a State making a reservation and any State objecting to it, has from the very beginning been a matter of dispute between the parties to the Convention. The reservation submitted by Democratic Yemen to article VII of the Convention on 9 February 1987 and referred to in your letter is similar to those made to this article by some other countries, i.e.: Albania, Bulgaria, Byelorussian SSR, Czechoslovakia, German Democratic Republic, Hungary, Indonesia, Poland, Romania, Ukrainian SSR and the Union of the Soviet Socialist Republics. They have been objected to by Canada, Denmark, the Dominican Republic, Ethiopia, Israel, Norway, Pakistan and the Philippines. In your letter it is suggested that the text of article VII of the aforementioned Convention should be changed and brought into conformity with the provisions on the legal effect of reservations contained in article 21 of the 1969 Vienna Convention on the Law of Treaties.22 Two alternatives are suggested on how to proceed with these changes. The first one envisages that the Secretary-General should prepare an amendment to article VII of the 1953 Convention, in effect bringing it into line with the 1969 Convention, and present it to the parties to the former on a 90-day, no- objection basis. With regard to this suggestion, we would like to draw your attention to the fact that the Secretary-General, as Depositary, does not have the competence under either the 1953 Convention or the 1969 Convention to propose amendments to the former, nor could an amendment take effect on a no-objection basis; indeed such an amendment could not, pursuant to article 40, paragraph 4, of the 1969 Convention, enter into force for any prior party to the 1953 Convention that does not explicitly accept the amendment. The second alternative would be to include this question as a new item in the agenda of the forty-second session of the General Assembly to be taken up by the Sixth Committee, with a view to having the Assembly sanction the proposed amendments. In this connection it should be noted that international treaties can be amended only by the parties thereto. Consequently, the General Assembly does not have the competence to propose amendments to the 1953 Convention, though it could of course recommend to the contracting parties to consider negotiating an amendment to the 1953 Convention in order to align its article VII with the provisions of article 21 of the 1969 Vienna Convention. To initiate such a recommendation, a proposal might be submitted to the General Assembly for the inclusion of an additional item in the agenda of its current session in accordance

202 with the requirements of rule 15 of its rules of procedure. At the same time, it should be kept in mind that such an approach might meet with strong opposition on the part of those parties to the 1953 Convention reluctant to discuss the proposal of an amendment at a forum where States other than the parties to the Convention will be represented.

22 September 1987

16. UNITED NATIONS PROCEDURES FOR THE INSTITUTION AND ENFORCEMENT OF FINANCIAL CLAIMS ARISING OUT OF CONTRACTS — IMMUNITY OF THE UNITED NATIONS FROM LEGAL PROCESS — ARTICLE 105 OF THE CHARTER OF THE UNITED NATIONS AND FINAL ARTICLE, SECTIONS 32 AND 34, OF THE 1946 CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS — SETTLEMENT OF DISPUTES ARISING OUT OF CONTRACTS OR OTHER DISPUTES OF A PRIVATE LAW CHARACTER

Letter to a professor

1. Your letter addressed to the Office of the Secretary-General was referred to the Office of Legal Affairs for a reply. 2. As we understand from the questions raised in your letter, you inquired whether the United Nations has established procedures for the institution and enforcement of financial claims. For ease of reference, your questions are addressed below in the order in which they are presented. Please also be advised that a legal opinion prepared by this Office in 197623 provides more detailed information on the questions you raised.

Presentation of claims

3. Private claims against the United Nations arising out of contracts or other disputes of a private law character are generally handled outside any national judicial machinery because the Organization, by virtue of its privileges and immunities, is immune from legal process. 4. Article 105 of the Charter of the United Nations provides in paragraph 1 that: "The Organization shall enjoy in the territories of each of its Members such privileges and immunities as are necessary for the fulfilment of its purposes." Paragraph 3 of the same Article authorizes the General Assembly to make recommendations with a view to determining the details of the application of the privileges and immunities provided in paragraph 1 and to propose "conventions to Members of the United Nations for this purpose." 5. On 13 February 1946, the General Assembly adopted the Convention on the Privileges and Immunities of the United Nations.24 Final article, section 32, of the Convention states that the Convention shall become effective as regards each Member of the United Nations on the date of deposit of the instrument of accession. According to section 34 of the same article, upon such accession the Member is required to give effect under its own law to the terms of the Convention.

203 6. Article II, section 2, of the Convention provides: "The United Nations, its property and assets wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case it has expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution." Although the United States only became a party to the Convention in 1970, it had already provided for the jurisdictional immunity of the United Nations (and of other intergovernmental organizations of which the United States is a member) by section 2(6) of the 1945 United States International Organizations Immunities Act.25 7. On the settlement of disputes, article VIII, section 29, of the Convention states: "The United Nations shall make provisions for appropriate modes of settlement of: "(a) Disputes arising out of contracts or other disputes of a private law character to which the United Nations is a party; "(ft) Disputes involving any official of the United Nations who by reason of his official position enjoys immunity, if immunity has not been waived by the Secretary-General." 8. As stated in paragraph 3 above, in view of the immunity from suit enjoyed by the Organization under its constitutional and other instruments, steps have been taken to ensure that procedures are established by contract, between the Organization and private parties, for resolution of disputes. In this respect and in compliance with the Financial Regulations and Rules of the United Nations, all contracts with private parties are normally concluded in writing and are accompanied by an appropriate version of the United Nations Standard General Conditions. 9. The United Nations Standard General Conditions, which are generally attached to contracts and purchase orders, contain a provision for the settlement of disputes through arbitration. The arbitration clause currently included in purchase orders reads: "Any controversy or claim arising out of or in connection with this contract, or any breach thereof, shall, unless it is settled by direct negotiation, be settled in accordance with the UNCITRAL Arbitration Rules as at present in force. The parties shall be bound by any arbitration award rendered as a result of such arbitration after the final adjudication of any such controversy or claim." 10. As provided in that clause, the initial method used by the United Nations to settle disputes is through negotiations. Normally, the aggrieved party will be required to state the nature of its claim in a written submission to the substantive department administering the contract which would, in turn, refer the claim to this Office for review and advice. This Office then determines whether the claim is valid or not. If it is determined that the claim is valid and a negotiated settlement appears possible, we will normally suggest the available options for settlement of the claim. In our experience, the majority of claims are settled in this

204 manner. In the unlikely event of the dispute remaining unsettled, the aggrieved party is requested to submit the claim to arbitration in accordance with the UNCITRAL Arbitration Rules. 11. The UNCITRAL Arbitration Rules, unlike the American Arbitration Association (AAA) or the International Chamber of Commerce (ICC) arbitration rules, are not administered by any single arbitral body. They have, therefore, the unique advantage of being applied by many of the arbitration associations or organizations worldwide, which suits the worldwide operations of the United Nations. In some cases, however, the United Nations may agree with the contractor in advance to use the facilities of a commercial arbitral organization, such as the AAA, ICC or the London Chamber of Commerce, particularly in respect of real property transactions. In such cases a phrase, "under the auspices of . . .", would be added after the first sentence of the clause reproduced in paragraph 9 above.

Administrative procedures

12. There are no administrative procedures for initiation and resolution of financial or commercial disputes, except as stated above.

Administrative Tribunal

13. The United Nations Administrative Tribunal has jurisdiction only in cases within its competence as provided in article 2 of its statute and regulation 48 of the Regulations and Rules of the United Nations Joint Staff Pension Fund. Article 2, paragraph 1, of the statute of the Tribunal provides: "The Tribunal shall be competent to hear and pass judgement upon applications alleging non-observance of contracts of employment of staff members of the Secretariat of the United Nations or of the terms of appointment of such staff members. The words 'contracts' and 'terms of appointment' include all pertinent regulations and rules in force at the time of alleged non-observance, including the staff pension regulations." 14. The Tribunal has in the past asserted jurisdiction in claims by individuals who are employed on a contractual basis but are not accorded the status of staff members, and in respect of whom no mode of settlement of disputes was provided for in their contract of employment. However, this was only done once in the unusual case of Teixeira v. the Secretary-General of the United Nations, case No. 214, Judgements Nos. 233 and 255 rendered on 13 October 1978 and 24 April 1980 respectively,26 and is unlikely to recur, since most contracts of employment by the Organization now automatically include an arbitration clause.

27 December 1987

205 17. NOTICE FROM A QUASI-JUDICIAL BODY OF A CHARGE OF DISCRIMINATION MADE BY A FORMER SHORT-TERM STAFF MEMBER AGAINST THE GENERAL ASSEMBLY OF THE UNITED NATIONS AND TWO UNITED NATIONS OFFICIALS — BASIS OF THE UNITED NATIONS' IMMUNITY FROM LEGAL PROCESS AND FROM THE JURISDICTION OF QUASI-JUDICIAL BODIES — CASES IN WHICH THE IMMUNITIES OF THE UNITED NATIONS AND OTHER INTERNATIONAL ORGANI- ZATIONS FROM ALL FORMS OF LEGAL PROCESS WERE UPHELD BY COURTS OF THE UNITED STATES Letter to the United States Equal Employment Opportunity Commission

The notice dated 29 January 1987 from the Equal Employment Opportunity Commission (EEOC) to the United Nations General Assembly of a charge of discrimination has been referred to this Office for reply. We observe that the said notice results from the complaint of discrimination annexed to the notice made by a former short-term staff member to the New York City Commission on Human Rights (NYCCHR), and sent to EEOC for dual filing purposes. We have also noted that the complaint to NYCCHR names as respondents, in addition to the United Nations General Assembly, the Director of Recruitment, and the Director of the Publishing Division, Department of Conference Services. We wish to state that both these individuals are officials of the United Nations. However, no notice addressed to them has been received. Nevertheless, we are taking this opportunity to reply on behalf of all the respondents. As you are no doubt aware, the United Nations is a public international organization established by a treaty, the Charter of the United Nations, to which 159 States, including the United States, are parties. Under Article 7 of the Charter, the General Assembly is a principal organ of the United Nations. The status, privileges and immunities of the United Nations are laid down in Articles 104 and 105 of the Charter and in the 1946 Convention on the Privileges and Immunities of the United Nations,27 to which the United States became a party. Article II, section 2, of the Convention states: "The United Nations, its property and assets wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case it has expressly waived its immunity

Article V, section 18, provides: "Officials of the United Nations shall: "(a) Be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity;..." The status of the premises of the United Nations is also provided for in the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations of 26 June 1947.28 In the United States, the privileges and immunities of the United Nations are also provided for in the International Organizations Immunities Act.29 In view of the provisions of the above legislation and treaties, the United Nations, its organs or officials cannot be made subject to process of EEOC, nor can they be made party to its proceedings. The courts of the United States have upheld the immunities of the United Nations and other international organizations

206 from all forms of legal process. In Tuck v. Pan American Health Organization, it was held that an international organization was immune from suit by a non- employee who alleged tortious interference with his contract.10 In Broadbent v. Organization of American States," an action brought by members of the OAS staff alleging breach of their employment contract was dismissed on the ground that the organization was immune.32 In Kissi v. de Laroisiere," the court held that the Director of the International Monetary Fund was immune from a discrimination claim instituted by one of the Fund's employees. The United Nations and other international organizations are equally immune from the jurisdiction of quasi-judicial bodies. In Canteen Corporation, Restaurant Associations Industries, Inc. and Commercial Services of the United Nations34 before the National Labor Relations Board, Region 2, of New York, the Regional Director held, on 31 July 1986, that a service of the United Nations is immune from an action instituted by an employee of a contractor, Canteen Corporation, alleging violation of section a (1), (3) and (5) of the National Labor Relations Board Act. The Regional Director stated in paragraph 3 of the Ruling: "With regard to the contention that the Commercial Management Service of the United Nations violated the Act, further proceedings are not warranted inasmuch as this Organization is exempted from the Board's jurisdiction under the Public International Organization Act, 22 U.S.C. 288, which sets forth the privileges and immunities of the United Nations. You contend that the Headquarters Agreement between the United Nations and the United States in effect constitutes consent to the application of United States law to the United Nations. I note, however, that the United Nations does not interpret the Headquarters Agreement in this manner and contests an assertion of jurisdiction by the National Labor Relations Board in this case. Moreover the Agreement seems to refer to the application of United States Law to the premises of the United Nations but not to the application of such law over the United Nations as an entity. Thus, in the absence of any clear consent by the United Nations to the jurisdiction of the National Labor Relations Board, I conclude that the Board is precluded from asserting jurisdiction over Commercial Management Services, a division of the United Nations."35 The Ruling of the Regional Director was upheld by the General Counsel, National Labor Relations Board, on 28 August 1986. The General Counsel stated: "The appeal is denied substantially for the reasons set forth in the Regional Director's letter of 31 July 1986. Contrary to your contention on appeal, the United Nations has taken a position before the Regional Office that it is not subject to the jurisdiction of this Agency, and the Board in the past has refused to assert jurisdiction over similar international entities."36 Consequently, the Commission is requested to dismiss the totality of the complaint in question against the United Nations and its above-mentioned officials. We should mention that, in regard to complaint No. 11126514-EP made to NYCCHR, we have submitted in a letter dated 2 March 1987 to the Intake Supervisor that NYCCHR, for the reasons set out above, has no jurisdiction to hear the complaint in question, and requested that the totality of that complaint be dismissed. We should add that employment by the United Nations is subject to the Staff Regulations and Rules of the United Nations. The complainant served as a Clerk- Labourer on a short-term appointment during the thirty-sixth session of the General Assembly (1981) and again on short-term appointments in March and

207 May 1982 during the Conference on the Law of the Sea. He sought further employment with the United Nations after the expiration of his last short-term appointment on 31 May 1982. His application, together with those of the many others seeking employment, was duly considered, but it was not found possible to give him further employment. In this connection, we bring to your attention rule 304.4 of the Staff Rules of the United Nations, which provides that "a short-term appointment does not carry any expectancy of renewal or of conversion to any other type of appointment." We also wish to mention that the Staff Regulations and Rules of the United Nations provide both administrative and judicial recourse procedures to which employees and ex-employees who believe that they have been affected by unlawful personnel action, including discriminatory action, might resort. The complainant did not seek to avail himself of these procedures.

3 March 1987

18. STATUS OF UNITED NATIONS CORRESPONDENCE DISPATCHED IN BAGS — OBLIGATIONS OF MEMBER STATES TO GRANT PRIVILEGES AND IMMUNITIES TO SUCH CORRESPONDENCE UNDER THE 1946 CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS AND THE 1961 VIENNA CONVENTION ON DIPLOMATIC RELATIONS

Note to the Permanent Representative of a Member State to the United Nations

The Legal Counsel has the honour to refer to the status of the United Nations correspondence dispatched in bags. The Legal Counsel's attention has recently been drawn to the fact that United Nations pouches, being clearly marked and denoted as such by a seal, were forcibly opened and examined by the authorities of (name of a Member State) when they arrived on 1 September and 19 October 1987 at their destina- tion. Such acts give rise to serious concern on the part of the United Nations as they violate the legal status of the United Nations bags and contradict the relevant obligations of (name of the Member State) under existing international conventions. In this connection it should be recalled that pursuant to article III, section 10, of the Convention on the Privileges and Immunities of the United Nations of 13 February 1946" to which (name of the Member State) is a party, the Organization has the right, inter alia, to dispatch and receive its correspondence in bags, which shall have the same immunities and privileges as diplomatic bags. The detailed provisions on the privileges and immunities of diplomatic bags are set out in the 1961 Vienna Convention on Diplomatic Relations,38 to which (name of the Member State) also is a party. Article 27, paragraph 2, of the Vienna Convention unequivocally provides that the diplomatic bag shall not be opened or detained. Furthermore, paragraph 1 of the same article requires that the packages constituting the diplomatic bag must bear visible external marks of their character.

208 The Legal Counsel trusts that the incidents involving United Nations pouches will not recur and that the competent authorities will strictly respect their relevant obligations under the aforementioned international conventions. 17 November 1987

19. REQUIREMENT UNDER THE LAW OF A MEMBER STATE THAT LOCALLY RECRUITED UNITED NATIONS OFFICIALS OBTAIN A WORK PERMIT FROM LOCAL AUTHORITIES — ARTICLES 100 AND 101 OF THE CHARTER OF THE UNITED NATIONS — ARTICLE V, SECTION 17, OF THE CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS — MEANING OF THE TERM "OFFICIALS" FOR THE PURPOSES OF ARTICLE V, SECTION 17, OF THE CONVENTION IN THE LIGHT OF GENERAL ASSEMBLY RESOLUTION 76(1)

Note verbale to the Permanent Representative of a Member State to the United Nations

The Legal Counsel of the United Nations presents his compliments to the Permanent Representative of (name of a Member State) to the United Nations and has the honour to refer to the question of work permits for locally recruited United Nations officials. The Legal Counsel has been informed by the United Nations offices in your country that, pursuant to a recently promulgated law, all locally recruited officials are required to obtain work permits from the municipal authorities and that such a permit is a legal requirement for all nationals of (name of the Member State) working for foreign diplomatic and international organization missions. In this connection, the Legal Counsel wishes to draw the attention of the competent authorities to the following. The recruitment and appointment of United Nations officials are governed by Articles 100 and 101 of the Charter of the United Nations to which (name of the Member State) is a party. According to Article 101, the staff shall be appointed by the Secretary-General, who is the chief administrative officer of the Organization. In so far as the issuance of work permits may impede the exercise of the Secretary-General's exclusive authority to appoint his staff under Article 101 of the Charter of the United Nations, the Legal Counsel is, therefore, obliged to point out that the law in question would not be in conformity with the obligations of the State concerned under the Charter. On the other hand, in accordance with article V, section 17 of the Convention on the Privileges and Immunities of the United Nations,39 to which (name of the Member State) is also a party, the Secretary-General is required to communicate to the Governments of Member States the names of officials of the United Nations. Since, by its resolution 76(1) of 7 December 1946, the General Assembly decided that all staff members of the United Nations, with the exception of those who are both recruited locally and assigned to hourly rates, are to be considered "officials" for the purposes of article V, section 17, of the Convention, the names to be communicated to the Government of (name of the Member State) would necessarily include all locally recruited staff members as referred to above.

209 The Legal Counsel is convinced that the requirement for locally recruited international civil servants of the nationality of (name of the Member State) to obtain work permits has occurred as a result of an oversight or misinterpretation of the relevant obligations of the said State. The Legal Counsel therefore hopes that in the light of the foregoing explanations, the competent authorities will take the necessary measures with a view to clarifying the scope of application of the work permit law and thus will not impede the exercise of the Secretary-General's authority to recruit and appoint his staff.

19 January 1987

20. CONSCRIPTION OF UNITED NATIONS STAFF MEMBERS INTO THE ARMED FORCES OF A MEMBER STATE — QUESTION WHETHER THE PROVISIONS OF THE 1946 CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS CAN BE CONSIDERED APPLICABLE TO ALL STAFF MEMBERS OF THE UNITED NATIONS SYSTEM

Letter to the Resident Representative of the United Nations Development Programme in a Member State

Your letter of 2 September 1987 in which you raised the question of the conscription of United Nations staff members into the armed forces of (name of a Member State) has been referred to this Office for advice. In your letter, after referring to the cases of two FAO staff members whose fixed-term contracts expire on 31 December 1987 and who have been conscripted into the armed forces, you note that while you are aware that the Government of the State in question has not signed the Convention on the Privileges and Immunities of the Specialized Agencies you would nevertheless wish to adopt a position vis-à-vis the Government whereby the Convention on the Privileges and Immunities of the United Nations would apply to all staff members of the United Nations system, including the specialized agencies. From a strictly legal point of view, the Convention on the Privileges and Immunities of the United Nations only applies to United Nations officials. However desirable it may be to adopt a uniform position for all staff members of the United Nations system, as a matter of legal obligation the Government of the State in question is not obliged to grant an exemption from national service for staff members of the specialized agencies. Accordingly, the only position that it is possible to take vis-à-vis the staff members of the specialized agencies is to request the Government to defer or exempt staff members, not as a matter of legal obligation but merely by reason of their employment with the agency concerned. The argument that United Nations staff members are exempted may be used in support of this request. If the Government declines to grant the exemption, the arrangements for military service which are normally applicable would be to place the staff member on special leave without pay for the duration of the

210 required military service. Special leave without pay is normally provided only to staff members who have completed one year of satisfactory probationary service or who hold permanent or regular appointments.

17 September 1987

21. CONSCRIPTION IN A MEMBER STATE OF ONE OF ITS NATIONALS HOLDING A FIXED-TERM APPOINTMENT IN THE SECRETARIAT OF THE ECONOMIC AND SOCIAL COMMISSION FOR WESTERN ASIA — ANALYSIS OF THE DIFFERING PROVISIONS ON MILITARY SERVICE CONTAINED IN THE 1979 AGREEMENT RELATING TO THE HEADQUARTERS OF THE UNITED NATIONS ECONOMIC COMMISSION FOR WESTERN ASIA AND IN THE 1946 CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS

Memorandum to the Assistant Secretary-General, Office of Human Resources Management

1. This is in reference to a cable from the Economic and Social Commission for Western Asia received on 6 October, requesting our advice on the question of the conscription in a host State of a national of that State, who is a Security Officer holding a fixed-term appointment at ESCWA. 2. The status of members of the staff of ESCWA vis-à-vis the host Government is governed by the Agreement relating to the headquarters of the United Nations Economic Commission for Western Asia of 13 June 1979.40 Article 8, paragraph l(d), provides that the officials of ESCWA are exempted from any national service obligations, but "with due regard to the provisions of paragraph 2 of this article". That paragraph provides that officials of the Commission who are nationals of the host State shall not be exempt from the military service obligations or any other obligatory service in the State in question. However, those who, by virtue of their functions, are put on a nominal list drawn up by the Executive Secretary and approved by the competent authorities of the host State shall, in the event of mobilization, be given special assignments in accordance with the national legislation. Also such authorities shall grant, upon the request of the Commission and in the event of other officials of the Commission, nationals of the host State, being called up for national service, the waivers which might be necessary to avoid the interruption of a basic service. The person in question does not fall under either category of exemption and is therefore required to obey the call to military service by the authorities of the host State. 3. The question of the immunity of officials of the United Nations in respect of military service is also addressed in the Convention on the Privileges and Immunities of the United Nations of 13 February 1946,41 to which the host State acceded without reservations. Article V, section 18(c), of that Convention provides that officials of the United Nations are "immune from national service obligations". There is no exception permitting officials to be drafted by their own Governments. 4. In attempting to reconcile the differing military service provisions of the ESCWA headquarters Agreement and of the Convention we looked for possible

211 guidelines in the two instruments as to how to interpret them in relation to each other. The Convention is silent on that point However, the ESCWA headquarters Agreement contains several relevant provisions: (a) The third paragraph of the preamble states that "the Convention on the Privileges and Immunities of the United Nations ... to which (the host State) is a party, applies by definition to the United Nations Economic Commission for Western Asia"; (b) The fourth paragraph of the preamble states that the Agreement supple- ments "the Convention on Privileges and Immunities of the United Nations in order to regulate matters not covered therein..."; (c) Article 13, paragraph 2, provides as follows: "The provisions of this Agreement shall be considered supplementary to the provisions of the Convention on the Privileges and Immunities of the United Nations. When a provision of this Agreement and a provision of the Convention deal with the same subject, both provisions shall be considered complementary whenever possible; both of them shall be applied and neither shall restrict the force of the other." (emphasis added) In respect of the present problem it might be argued that as the basic provisions on conscription in the Convention and in the ESCWA headquarters Agreement are substantially equivalent, but as the Headquarters Agreement contains an exception in respect of nationals of the host State, that exception, which is lex specialis and was negotiated later than the Convention, should prevail over the earlier and more general provision of the Convention. Though this would clearly be a conclusive argument if the Convention is treated primarily as equivalent to a series of bilateral agreements between the Organization and each member State party to the Convention, the fact that the Convention is a multilateral instrument casts some doubt on this interpretation. Nevertheless, it could still be viewed as the best possible interpretation, and consequently there would appear to be no legal ground to oppose against the proposed conscription.

B. Status of a drafted staff member in relation to the United Nations

5. The second question raised in the above-mentioned cable concerns the legal status of the person in question vis-à-vis ESCWA from the date of his conscription until the expiration of his fixed-term contract on 8 August 1988, if the Administration decides not to raise the question of the exemption with the authorities of the host State and lets the staff member respond to the call for military service. 6. Unless the staff member resigns voluntarily, the last sentence of paragraph (c) of appendix C to the Staff Rules is applicable, which requires that the staff member be separated from the Secretariat according to the terms of his appointment. Unfortunately, that provision is not too useful in the present case, for the staff member's appointment will only expire in August 1988, and there does not appear to be any special termination provision in his letter of appointment, nor do any of the normal grounds for termination listed in regulation 9A(b) appear applicable. It would therefore appear necessary to apply by analogy the provision of the first sentence of paragraph (c) of appendix C (which applies to officials on permanent or regular appointment), i.e., to place him on special leave without pay for the duration of the military service or until the expiration date of

212 the fixed-term contract, whichever comes first. There would, however, then be some uncertainty about whether paragraph (d) then guarantees his re-employment even after the expiration of his appointment, but the sounder interpretation would appear to be that it would not (since that provision, like the first sentence of paragraph (c), assumes a permanent or regular appointment).

16 October 1987

22. QUESTION OF THE EXEMPTION OF THE UNITED NATIONS FROM A PROPOSED HARBOUR MAINTENANCE FEE IN A HOST COUNTRY — CHARACTER OF THE FEE IN QUESTION — ARTICLE H, SECTION 7, OF THE 1946 CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS

Note to the Permanent Mission of a Member State to the United Nations

The Legal Counsel of the United Nations has the honour to refer to the question of a proposed harbour maintenance fee contained in the interim regulations issued by the Customs Service of (name of a Member State) as well as in the relevant amendment to the Customs Regulations. The interim regulations amend, on a provisional basis, the Customs Regulations to implement provisions of the Water Resources Development Act of 1986 which authorizes the Customs Service to assess a harbour maintenance fee of 0.04 per cent on the value of commercial cargo loaded on or unloaded from a commercial vessel at the ports of (name of the Member State). The harbour maintenance fee is to be applied to passengers as well as merchandise. Before adopting the interim regulations as a final rule, the Customs Service has requested all those interested to submit comments to the Regulations Control Branch, Customs Service Headquarters. Neither the proposed final version of part 24 of the Customs Regulations nor the provisions of the interim regulations exempt the United Nations from the harbour maintenance fee. In accordance with article II, section 7, of the Convention on the Privileges and Immunities of the United Nations,42 to which (name of the Member State) is a party, the United Nations is exempt from all direct taxes, customs duties, prohibitions and restrictions on imports and exports in respect of articles imported or exported for its official use or in respect of its publications. The United Nations, however, is not entitled to "claim exemption from taxes which are, in fact, no more than charges for public utility services". The harbour maintenance fee, as stated in the summary of the interim regulations published in the Federal Register on 30 March 1987, is collected by Customs for, inter alia, "the improvement and maintenance of ... ports and harbours" and its character as a revenue provision is clearly demonstrated by virtue of the fact that it is contained in the Harbor Maintenance Revenue Act of 1986. In the opinion of the Legal Counsel, this fee is clearly not a charge for "public utility services" and if applied to the Organization would constitute a direct tax from which the United Nations is exempt by virtue of the relevant provisions of the cited Convention.

213 The cost to the United Nations of the harbour maintenance fee would exceed $40,000 per annum, not including the administrative expense of collecting the required paperwork, maintaining records and processing the payments to the Customs Service. In the interest of the financial and administrative efficiency of the United Nations, the Legal Counsel believes that it is incumbent upon all Member States to strictly observe those provisions of the Convention on the Privileges and Immunities of the United Nations which have a direct bearing on expenditures and administrative costs and, therefore, requests the Permanent Mission to the United Nations to forward to the relevant authorities the above comments regarding the harbour maintenance fee with a view to exempting the Organization from the fee in question.

1 May 1987

23. ADVICE ON NEW BANKING AND CUSTOMS REGULATIONS IN A MEMBER STATE — QUESTIONS CONCERNING THE HOLDING OF LOCAL CURRENCY ACCOUNTS; RENT PAYMENTS IN FOREIGN CURRENCY; CHARGES FOR PUBLIC UTILITY SERVICES AND TELECOMMUNICATIONS; AND IMPORTATION OF VEHI- CLES AND HOUSEHOLD APPLIANCES — PROVISIONS OF THE 1946 CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS

Memorandum to the Chief of the Treasury Section, United Nations Development Programme

The preliminary views of the Office of Legal Affairs on the press reports concerning the new banking and customs regulations in (name of a Member State) are as follows: (i) Holding of local currency accounts (a) If the new banking regulations are applicable to international organizations as well as diplomatic missions, the ban on local currency accounts would run counter to the 1946 Convention on the Privileges and Immunities of the United Nations,43 to which the State concerned succeeded without reservation, and which provides in article n, section 5, as follows: "Without being restricted by financial controls, regulations or moratoria of any kind, (a) The United Nations may hold funds, gold or currency of any kind and operate accounts in any currency; (b) The United Nations shall be free to transfer its funds, gold or currency from one country to another or within any country and to convert any currency held by it into any other currency." It should be noted, however, that section 6 of the article provides that: "In exercising its rights under section 5 above, the United Nations shall pay due regard to any representations made by the Government of any

214 Member in so far as it is considered that effect can be given to such representations without detriment to the interests of the United Nations." Consequently, if the Government wishes to make representations in this regard, the United Nations in good faith must consider the impact of the regulations on the interests of the United Nations. If it can be shown that the regulations can be implemented without detriment to the interest of the United Nations, the United Nations may accede to the Government's request. (b) The foregoing is applicable to the official accounts of the Organization. Individual accounts held by staff members are accorded no particular privilege under the Convention on the Privileges and Immunities of the United Nations other than the right to the same privileges in respect of exchange facilities as are accorded to diplomatic personnel (article V, section 18 (e), of the Convention).

(ii) Rent payments in foreign currency

The Convention on the Privileges and Immunities of the United Nations contains no provisions of relevance to rental payments whether for official or private premises. United Nations practice in this regard has normally been to align itself with the procedures applicable to the diplomatic community.

(iii) Charges for public utility services and telecommunications

The currency of payments for public utility services and telecommunications is not provided for in the Convention on the Privileges and Immunities of the United Nations and the Organization would normally abide by the local law in such matters. In so doing, however, it should be kept in mind that the United Nations enjoys in the territory of each Member State treatment not less favourable than that accorded to diplomatic missions in the matter, inter alia, of rates and taxes (article III, section 9, of the Convention).

(iv) Importation of vehicles and household appliances

United Nations officials have the right to import free of duty their furniture and effects, which includes an automobile, at the time of first taking up their post in the country in question (article V, section 18 (g), of the Convention on the Privileges and Immunities of the United Nations). The Convention, however, does not specify the number of vehicles and appliances which may be so imported. This is a matter for local law and regulations. The restrictions imposed by the new customs regulations of the State concerned would not, therefore, run counter to its obligations under the Convention.

11 March 1987

215 24. QUESTION WHETHER LOCALLY RECRUITED STAFF OF THE UNITED NATIONS PEACE-KEEPING FORCE IN CYPRUS ARE EXEMPT FROM TAXATION ON THEIR SALARIES AND EMOLUMENTS — PARAGRAPHS 24 AND 37 OF THE 1964 AGREEMENT BETWEEN THE UNITED NATIONS AND CYPRUS CONCERNING THE STATUS OF THE UNITED NATIONS PEACE-KEEPING FORCE IN CYPRUS

Memorandum to the Administrative Officer, Personnel Processing Unit, Field Operation Division, Office of Field Operational and External Support Activities

This is in reply to your memorandum of 16 January 1987 concerning exemption from taxation of locally recruited staff of the United Nations Peace-keeping Force in Cyprus. The basis of the claim by certain locally recruited staff that they should be exempted from taxation on their salaries and emoluments is paragraph 24 of the Agreement concerning the Status of the United Nations Peace-keeping Force in Cyprus, concluded between the United Nations and the Government of the Republic of Cyprus on 31 March 1964,44 which provides, inter alia, that, with respect to "the locally recruited personnel of the Force ... who are not members of the Secretariat, the United Nations will assert its right... [concerning] exemption from taxation ... provided in sections 18 ... (ft)... of the Convention on the Privileges and Immunities of the United Nations". It should be noted that the essential character of this "locally recruited personnel" is defined in paragraph 37 of the Agreement which is quoted below: "The Force may recruit locally such personnel as required. The terms and conditions of employment for locally recruited personnel shall be prescribed by the Commander and shall generally, to the extent practicable, follow the practice prevailing in the locality." From the language of this provision, it appears that the locally recruited staff to whom the provisions of paragraph 24 would apply are those directly recruited and administered by the United Nations. It is understood that the locally recruited staff in the present case, however, are employed by the Civilian Establishment and Pay Office (CEPO) of the British Force in Cyprus and are under a labour contract which is subject to CEPO's regulations and conditions of employment. The arrangement wHereby CEPO provides locally employed civilians to UNFICYP is part of the United Kingdom logistic support to the Force established by the provisions of paragraph 4 of (and paragraph 11 of the annex to) the Memorandum of Understanding signed by the United Nations and the Government of the United Kingdom on 11 December 1974. All administrative costs, including salaries, incurred by CEPO in providing this personnel (except for the costs shared by the United Kingdom) are charged to UNFICYP by the Government through the regular logistic support billings. In these circumstances, there appears to be no employer-employee relationship between UNFICYP and the civilian personnel provided by CEPO. The fact that certain personnel are engaged by CEPO to serve in UNFICYP does not create an employment relationship between the latter and the individuals concerned, since CEPO acts, in this connection, more as an independent contractor than as an agent of UNFICYP. Considering that the character of the locally recruited civilian staff administered by CEPO is significantly different from that of the personnel referred to in

216 paragraph 37 of the Status Agreement, it appears doubtful that the provisions of paragraph 24 of the Agreement could be invoked to claim the exemption status of the personnel concerned.

30 January 1987

25. LEGAL BASES FOR THE EXEMPTION OF NON-AMERICAN UNITED NATIONS OFFICIALS FROM UNITED STATES SOCIAL SECURITY COVERAGE

Letter to a Counsellor in the Permanent Mission of a Member State to the United Nations

This is in response to your telephone call concerning the legal bases for the exemption of United Nations officials from American social security coverage.

1. The 1945 United States International Organizations Immunities Act4*

Sections 4(c) and (d) and 5 amend the Federal Insurance Contributions Act, the Federal Unemployment Tax Act and the Social Security Act to exempt international organizations (as employers) and their officials (as employees) from the provisions of these Acts.

2. The 1947 Headquarters Agreement between the United Nations and the United States and Headquarters regulation No. 1

The 1947 Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations46 provides in article HI, sections l(b) and 8 that federal, state and local law apply within the Headquarters district, except to the extent superseded by "Headquarters regulations" adopted by the United Nations. By resolution 604(VI) of 1 February 1952, the General Assembly confirmed Headquarters regulation No. 1 of 26 February 1951, establishing the "United Nations Social Security System" as the sole provisions covering persons in the service of the United Nations vis-à-vis the Organization.

3. 7960 Social Security Act Amendment

As of 1960 the United States Federal Social Security Act was amended47 to provide for the compulsory social security coverage of United States citizens working for an international organization within the United States.48 As the United States of America could of course not tax international organizations for the employer's share of the cost of such coverage, international officials would have to be considered and taxed as if they were self-employed. An arrangement was later worked out, approved by the United States Mission and the Fifth Committee,4" whereby the affected American officials would be reimbursed (as part of the tax reimbursement scheme) for the difference between the payments they had to make as self-employed and those they would have had to make if regularly employed.

217 4. Convention on the Privileges and Immunities of the United Nations

The 1946 Convention on the Privileges and Immunities of the United Nations,50 to which the United States became a party in 1970 (with a reservation allowing it, inter alia, to tax United States citizens and permanent residents on their international salaries), provides in article II, section l(a), that the United Nations is not to be subject to any direct taxes, and in article V, section 18(6), that officials (except American citizens to which the reservation applies) are not to be taxed on their official emoluments. These two exceptions in effect also preclude the coverage of non-American officials by any compulsory social insurance.

11 March 1987

26. QUESTION WHETHER THE STATUS OF A PERMANENT MISSION is AFFECTED BY THE FACT THAT IT IS TEMPORARILY WITHOUT EITHER A PERMANENT REPRE- SENTATIVE OR A CHARGÉ D'AFFAIRES — PRACTICE OF THE ORGANIZATION IN THIS RESPECT

Memorandum to the Chief of Protocol

1. This is with reference to your memorandum dated 7 October 1987 requesting our comments on the current status of the Mission of (name of a Member State) as a result of the fact that the Mission, as you informed us, is temporarily without either a permanent representative or a chargé d'affaires. 2. The existing rules and norms of the codified diplomatic law of international organizations in general, and specifically the 1946 Convention on the Privileges and Immunities of the United Nations51 as well as the 1947 Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations,52 do not explicitly cover the issue of the designation of the head of a mission to the United Nations. Nor do they unequivocally regulate the procedures for the appointment of an acting head of mission when the latter is absent or unable to perform his functions or the post of head of mission is vacant. 3. However, from the practice of this Organization, it has become customary for a mission to be headed by a permanent representative who is officially designated in this capacity by a sending State. Accordingly, in case of his absence, a chargé d'affaires or an acting head of mission is usually appointed in due course (to this end, both terms are used by missions). 4. It should be noted furthermore that these customary rules were reflected to a certain extent in the Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character53 which was adopted in 1975 but is not yet in force. While the provisions of the Vienna Convention do not directly require the accreditation or appointment of a head of mission, such an understanding derives from the sense of several articles of the Convention, particularly article 10 which stipulates that "the credentials of

218 the head of mission shall be issued by the Head of State, by the Head of Government, by the Minister for Foreign Affairs .. . and shall he transmitted to the Organization". 5. The 1975 Vienna Convention further provides in article 16 that if the post of head of mission is vacant, or if the head of mission is unable to perform his functions, the sending State may appoint an acting head of mission whose name shall be notified to the Organization and by it to the host State (emphasis added). Thus, even if the 1975 Convention had entered into force, it should not, in our opinion, necessarily be interpreted as imposing a mandatory obligation to appoint an acting head of mission. 6. The issue of accreditation of a head of mission is indirectly addressed in article V, section 15, of the Agreement between the United Nations and the United States of America concerning the Headquarters of the United Nations which provides for a distinction as between categories of members of the mission in the context of the privileges and immunities to be accorded to them. Section 15 provides for the following categories: — Principal resident representative to the United Nations; — Resident representative with the rank of ambassador or minister plenipotentiary; — Resident members of their staff. As a general conclusion it might be assumed that the categories provided by this Agreement could be interpreted as constituting a framework for a mission staff hierarchy with the senior representative at the top of it. 7. In your memorandum it is mentioned that the credentials of the Member State in question could be questioned in United Nations bodies if it did not have a properly designated head of mission. In this connection, we would like to remind you that in accordance with rule 27 of the rules of procedure of the General Assembly, the members of the Organization are required to submit to the Secretary-General credentials for their respective delegations to the sessions of the General Assembly and its organs. It is further understood that the delegations may consist of not more than five representatives and five alternative representatives and as many advisers, technical advisers, experts and persons of similar status as may be required by the delegation. 8. Accordingly, the credentials of the representatives of the State in question to the forty-second session of the General Assembly should be considered in the light of the credentials which were issued by the Foreign Minister of that State. 9. As far as the question of credentials in the Security Council is concerned, we would like to refer to rule 14 of the provisional rules of procedure of the Security Council. That rule, inter alia, provides that any country not a member of the Security Council, if invited to participate in its meetings, is obliged to submit credentials for the representatives appointed by it for that purpose. Such credentials are to be examined by the Secretary-General, who shall submit a report to the Security Council for approval. 10. For the foregoing reasons, the status of the Permanent Mission per se is not affected by the failure to appoint a permanent representative or chargé

219 d'affaires. However, for practical reasons, in case it becomes necessary to contact the Mission of the State concerned, correspondence could be addressed either to the Mission in general or to one of its senior officers.

19 October 1987

27. ESTABLISHMENT OF OBSERVER MISSIONS BY STATES NOT MEMBERS OF THE UNITED NATIONS — PRIVILEGES AND IMMUNITIES ENJOYED BY PERMANENT OBSERVERS — FINANCIAL CONTRIBUTION OF NON-MEMBER STATES TO THE ACTIVITIES OF THE UNITED NATIONS — ADMISSIBILITY OF RESTRICTIONS PLACED BY STATES ON THE USE OF THEIR CONTRIBUTIONS

Cable to the Assistant Director-General for Public Relations and Information, United Nations Educational, Scientific and Cultural Organization

This is in response to your telegram concerning non-member States with observer status at the United Nations. (a) The establishment of observer missions by States not Members of the United Nations is based entirely on precedent and is not explicitly dealt with in decisions adopted by the General Assembly, the Charter of the United Nations, the 1947 Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations or any other applicable legal instrument. In practice, permanent observer missions have been established by non- member States on the basis of decisions made by the States concerned and subsequently communicated to the Secretary-General. In each case, the Secretary- General has merely taken note of the decision and accorded such missions assistance and facilities relating to their attendance at public meetings of United Nations organs (assigning seats, providing documentation and passes, and the like). In the past, problems arose in some instances because of the lack of a general consensus on recognition. There are no such problems at present. Permanent observers enjoy purely functional privileges and immunities and are not entitled to the diplomatic privileges and immunities accorded under the Headquarters Agreement. Diplomatic privileges and additional facilities provided by the authorities of the host State are accorded under bilateral arrangements to which the United Nations is not a party. With regard to the financial contribution of non-member States to the activities of the United Nations, the establishment of a permanent observer mission does not in itself entail an obligation to contribute to the expenses of the United Nations. In accordance with the Financial Regulations and Rules of the United Nations, however, non-member States who participate (by virtue of an official invitation) as full members (with the right to vote) in United Nations organs and conferences (such as UNDP) are required to contribute to such activities at rates to be determined by the General Assembly. (b) The United Nations position on restrictions placed by States on the use of their contributions is this: (à) in the case of assessed contributions, restrictions

220 imposed by States will not be honoured; (b) in the case of voluntary contributions for which the use is specified by the donor, the Secretary-General may accept the contributions in accordance with regulation 7.2 of the Financial Regulations and Rules of the United Nations provided that the purposes for which the contributions are made are consistent with the policies, aims and activities of the Organization, and provided that the acceptance of such contributions which directly or indirectly involve additional financial liability for the Organization shall require the consent of the appropriate authority. Therefore, if the contribution is acceptable, the restrictions placed by the donor on the use of its contribution will be honoured.

5 June 1987

28. DIPLOMATIC PRIVILEGES AND IMMUNITIES OF MEMBERS OF THE STAFF OF PERMANENT MISSIONS TO THE UNITED NATIONS — DETERMINATION OF THE SCOPE OF THE PRIVILEGES AND IMMUNITIES TO BE PROVIDED TO A GIVEN CATEGORY OF MEMBERS OF THE STAFF OF THE MISSION — CRITERIA SET FORTH BY THE HOST COUNTRY FOR ENTITLEMENT TO DIPLOMATIC PRIVI- LEGES AND IMMUNITIES FOR DIPLOMATIC OFFICERS OF PERMANENT MIS- SIONS TO THE UNITED NATIONS — RELEVANT PROVISIONS OF THE 1946 CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS AND THE 1961 VIENNA CONVENTION ON DIPLOMATIC RELATIONS — ROLE OF THE SECRETARY-GENERAL OF THE UNITED NATIONS IN SUCH MATTERS IN THE LIGHT OF ARTICLE V, SECTION 15(2), OF THE 1947 HEADQUARTERS AGREEMENT

Memorandum to the Chief of Protocol

1. This is with reference to our telephone conversation of 2 December 1987 and your subsequent memorandum of 3 December requesting further clarification on diplomatic privileges and immunities of members of the staff of permanent missions in the context of a request by the Permanent Mission of a Member State for diplomatic privileges and immunities for a chauffeur and clerk in that Mission. 2. The relevant definitions and distinctions between categories of members of staff of the mission can be found in the 1961 Vienna Convention on Diplomatic Relations.54 Pursuant to article \(d) of the said Convention, members of the staff of the mission having diplomatic rank are to be considered "... members of the diplomatic staff. For their part, members of the staff of the mission employed in the administrative and technical service of the mission fall within the category entitled "... members of the administrative and technical staff ' (article !(/)). 3. In order to determine the scope of the privileges and immunities to be provided to a given category of mission personnel, consideration must be given to whether the particular individual possesses a diplomatic rank and to the kind of functions the individual performs in the mission concerned. The diplomatic

221 rank of a member of a mission is determined by the sending State and expressed by the function attributed to him or her. Neither the United Nations nor the host country can overrule the sending State's decision to accord diplomatic rank and functions to its personnel. On the other hand, there is nothing in the Convention that empowers the sending State to attribute diplomatic rank to the members of its mission's staff performing principally and solely administrative or technical functions. 4. International law provides for a restriction in granting privileges and immunities to a diplomatic agent who is a national of or permanently resident in the receiving State. In particular, article 38, paragraph 1, of the Vienna Convention prescribes that such a person could "... enjoy only immunity from jurisdiction, and inviolability, in respect of official acts performed in the exercise of his functions." Furthermore, pursuant to article IV, section 15, of the 1946 Convention on the Privileges and Immunities of the United Nations,55 the provisions of that Convention outlining the privileges and immunities accorded to the representatives of Members do not apply "... as between a representative and the authorities of the State of which he is a national or of which he is or has been the representative." 5. We would also remind you that on 16 January 1978 the Mission of the host country circulated a note verbale concerning the applicable criteria for entitlement to diplomatic privileges and immunities for diplomatic officers of permanent missions to the United Nations. In the note, the host country set forth the following criteria which, as far as we are aware, were not objected to by any mission: "The criteria are as follows: Each diplomatic officer must (1) perform diplomatic duties for the Mission on an essentially full-time basis; (2) possess a valid diplomatic passport if diplomatic passports are issued by his or her Government, or the Mission should by diplomatic note explain its absence in particular cases; (3) possess a recognized diplomatic title; (4) possess appropriate United States non-immigrant status; and (5) reside in the New York area." 6. According to the information contained in our files, the host country has, on several occasions, denied diplomatic status to certain members of the missions' staff on the ground that they were engaged primarily in non-diplomatic administrative and technical functions. For example, in 1984, there was an extensive correspondence between the host country and a mission regarding 17 members of the mission whose status as diplomats was questioned by the host country. The host country thus exercised a right, namely the enforcement of a distinction between different classes of mission members referred to in the 1961 Convention, which any host country has but which is often not exercised. The former Director of the General Legal Division in charge of the Office of Legal Affairs, in a memorandum to the Secretary-General dated 14 May 1984, advised that "... article V, section 15(2), of the 1947 Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations56 seems to assign some role to the Secretary-General in determining which mission members shall be entitled to diplomatic status, by providing that this determination be made in agreement between the Secretary-General, the Government of the United States and the Government of the Member concerned". The Director recognized, however, that in practice the role of the Secretary-General in such matters "... has

222 been essentially that of an intermediary between the sending and the host States". In our view, this conclusion is still applicable and should be taken into consideration in connection, inter alia, with the case in question.

10 December 1987

29. LAW GOVERNING THE PROTECTION OF PERMANENT MISSIONS TO THE UNITED NATIONS — ARTICLE 22 OF THE 1961 VIENNA CONVENTION ON DIPLOMATIC RELATIONS — ACT FOR THE PROTECTION OF FOREIGN OFFICIALS AND OFFICIAL GUESTS OF THE HOST COUNTRY

Letter to the Ministry of Foreign Affairs of a Member State

I wish to refer to our recent conversation in which you requested information regarding the law governing the protection of permanent missions to the United Nations, particularly as regards demonstrations outside or within the vicinity of such missions. The obligation of the host country to provide police protection and prevent any disturbance of the peace of missions derives from article 22 of the Vienna Convention on Diplomatic Relations of 1961." In the United States, the only federal statute regulating this question is the Act for the Protection of Foreign Officials and Official Guests of the United States.58 Section 301 of that Act amends section 112 of title 18 of the United States Code to read as follows: "(c) Whoever within the United States but outside the District of Columbia and within one hundred feet of any building or premises belonging to or used or occupied by a foreign Government or by a foreign official for diplomatic or consular purposes, or as a mission to an international organization, or as a residence of a foreign official, or belonging to or used or occupied by an international organization for official business or residential purposes, publicly: (1) Parades, pickets, displays, any flag, banner, sign, placard or device, or utters any word, phrase, sound or noise, for the purpose of intimi- dating, coercing, threatening or harassing any foreign official or obstructing him in the performance of his duties, or (2) Congregates with two or more other persons with the intent to perform any of the aforesaid acts or to violate subsection (a) or (b) of this section, shall be fined not more than $500, or imprisoned not more than six months, or both." We are informed by the New York City Commission for the United Nations that the New York City Police Department does not systematically apply the 100 feet rule, which it regards as poorly drafted and which contains no enforcement mechanism. The Police Department applies its own standard of reasonableness. A permit is required, however, if the demonstrators utilize sound equipment or march.

223 While there is no New York City or State law or ordinance governing such matters, the District of Columbia has adopted an ordinance prohibiting demonstrations within 500 feet of diplomatic missions. This ordinance has been held constitutional by the Supreme Court. In summary, federal law lays down a 100 feet rule which is not strictly applied in New York City. Local ordinances can apparently establish different limits. As far as can be determined, the only city to have established its own limits is Washington, D.C., where a 500 feet rule is applied.

8 October 1987

30. QUESTION WHETHER THE PREMISES OCCUPIED BY PERMANENT MISSIONS TO THE UNITED NATIONS ARE EXEMPT FROM REAL ESTATE TAXES IMPOSED ON THE OWNER OF THE PREMISES — PROVISIONS OF ARTICLE V, SECTION 15, OF THE 1947 AGREEMENT BETWEEN THE UNITED NATIONS AND THE UNITED STATES OF AMERICA REGARDING THE HEADQUARTERS OF THE UNITED NATIONS IN CONNECTION WITH ARTICLE 23 OF THE 1961 VIENNA CONVENTION ON DIPLOMATIC RELATIONS

Letter to the Permanent Representative of a Member State to the United Nations

This is further to your letter dated 27 January 1987, and our telephone conversation of 11 February 1987, concerning the question of the payment of real property taxes on the office premises occupied by the Permanent Mission of your country. We understand from your letter that the office premises are occupied by the Permanent Mission under a lease; that the real property taxes are imposed on the lessor; and that the lessor seeks to recover the amount of such taxes from the Permanent Mission under the terms of the lease. Thus, as we understand it, there are no taxes imposed on the Permanent Mission, the taxes being imposed on the lessor of the premises. The privileges and immunities accorded to permanent missions accredited to the United Nations derive from the 1947 Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations.59 Under article V, section 15, of that Agreement, permanent missions to the United Nations are entitled to the same privileges and immunities in the territory of the United States, subject to corresponding conditions and obligations, as are accorded to diplomatic envoys accredited to the United States. Such privileges and immunities are set out in the 1961 Vienna Convention on Diplomatic Relations,60 to which the United States became party on 13 December 1972. Article 23 of the Vienna Convention on Diplomatic Relations reads as follows: "1. The sending State and the head of the mission shall be exempt from all national, regional or municipal dues and taxes in respect of the premises of the mission, whether owned or leased, other than such as represent payment for specific services rendered.

224 2. The exemption from taxation referred to in this article shall not apply to such dues and taxes payable under the law of the receiving State by persons contracting with the sending State or the head of the mission." We should like, in this connection, to draw attention to the related commentary of the International Law Commission on paragraph 1 of the article, which, at the time of drafting, was its sole provision: "The provision does not apply to the case where the owner of leased premises specifies in the lease that such taxes are to be defrayed by the mission. This liability becomes part of the consideration given for the use of the premises and usually involves, in effect, not the payment of taxes as such, but an increase in the rental payable."61 The question was considered further at the Vienna Conference in 1961 and, as a result, a second paragraph, as quoted above, was included in the article. We should also draw attention to paragraph 2 of article 24 of the 1975 Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character,62 whose provisions are identical. Though the Convention is not yet in force and has not been signed by the United States, it is pertinent to note that the provisions of the 1961 and 1975 Conventions are consistent on the particular point. Thus, as you will see, it is difficult to conclude that the premises occupied by the Permanent Mission of your country are exempt from real property taxes imposed on the lessor of the premises. The position with respect to real property taxes on leased premises occupied by the United Nations is similar.

12 February 1987

B. Legal opinions of the secretariats of intergovernmental organizations related to the United Nations

1. INTERNATIONAL LABOUR ORGANIZATION

Memoranda prepared by the International Labour Office in reply to requests for clarification concerning instruments adopted by the International Labour Conference

(a) Memorandum on the Labour Administration Convention, 1978 (No. 150), drawn up at the request of the Government of Canada.61

1. By letter of 5 November 1984, the Government of Canada asked the International Labour Office for an opinion on the interpretation of the Labour Administration Convention, 1978 (No. 150), regarding the following points:

225 ( 1 ) Article 5 of the Convention — What is the nature and extent of the process of "consultation, cooperation and negotiation" between public authorities and employers' and workers' organisations called for in this article? — Specifically, is the requirement of "negotiation" in the article to be interpreted to mean a process whereby changes may result from consultation, or a process leading to a binding arrangement between the State and one of the social partners? (2) Effect of exclusions from labour legislation on compliance with Convention No. 150 Is it correct to conclude that the exclusion of agricultural, domestic and self- employed workers from the coverage of labour legislation would not prevent compliance, since the focus of Convention No. 150 is on the establishment of the basic elements of a system of labour administration and not on the scope of labour legislation generally? 2. Point ( 1 ) of the query relates to article 5 of the Convention, which reads as follows:

"Article 5

"1. Each member which ratifies this Convention shall make arrangements appropriate to national conditions to secure, within the system of labour administration, consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers, or — where appropriate — employers' and workers' representatives. "2. To the extent compatible with national laws and regulations and national practice, such arrangements shall be made at the national, regional and local levels as well as at the level of the different sectors of economic activity." 3. The first question raised by the Government in respect of article 5 concerns the nature and extent of the "consultation, cooperation and negotiation" provided for therein. 4. The terms "consultation, cooperation and negotiation" were first included in point 35(1) of the Conclusions of the 1975 Meeting of Experts on Labour Administration,63 which subsequently became point 15(1) of the Questionnaire on the proposed instruments.64 5. Reference was made there to "arrangements of an institutional character" to secure such consultation, cooperation and negotiation. Examples of "institutional" arrangements given in the preparatory report include more particularly economic and social councils, national labour advisory councils or sectoral councils of various types as may be found in the national practice of countries.65 6. The words of "of an institutional character" were subsequently deleted, "taking into account the views expressed (by Governments) and the general plea for flexibility with a view to avoiding difficulties of a technical nature for eventual ratification".66 It follows that institutional arrangements of the types described are not compulsory for the purposes of article 5. 7. It may further be noted that point 35(2) of the Conclusions (referred to above) of the Meeting of Experts states that "such consultation and cooperation

226 should aim, in particular, at ensuring that the competent public authorities seek the views, advice and assistance of employers and workers in an appropriate manner" in respect of such matters as enumerated in that point of the Conclusions, including the preparation and implementation of relevant laws and regulations and of economic and social development plans, the establishment and functioning of national bodies in various social and labour fields. Those matters were not taken up, however, in question 15(1) of the Questionnaire, presumably owing to the concern for flexibility, as stated above. 8. Against this background, it appears appropriate to recall the following statement made by the Government member of Japan at the time of the second discussion of the proposed Convention, as recorded in the report of the Committee on Labour Administration of the Conference: "54. The Government member of Japan made a statement to the effect that, in the absence of further proposals concerning Article 5, there was a point of clarification which should be placed on record, concerning his country. The Government of Japan considered it necessary to secure, within the system of labour administration, the participation of the most representative organisations of employers and workers, but the form of participation which could be effective varied from country to country according to the nature of the problems. For the Proposed Convention to be adaptable to actual conditions in a greater number of countries, yet without impairing the substance of article 5, member States should appropriately be allowed to select the forms that such participation should take. The concepts as well as the modes conveyed by the words "consultation, cooperation and negotiation" were not clear enough and they differ from country to country. The Government of Japan thus understood that it would be left to each country to decide in accordance with national practice what should be the subject, the level and the form in each case.67 9. The above statement was included without objection or disagreement in the report of the Committee on Labour Administration and may be thus considered as a generally accepted understanding of the bearing of article 5, namely that "it would be left to each country to decide in accordance with national practice what should be the subject, the level and the form" of consultation, cooperation and negotiation in each case. It may further be noted that article 5 requires only "arrangements appropriate to national conditions". In the light of all the above considerations, it may be said, as regards the first question put by the Government of Canada, that the nature and extent of the process called for in Article 5 may be decided by each country in accordance with national conditions and practice. 10. The Government of Canada also puts a specific question as to whether the requirement of "negotiation" in article 5 should be interpreted to mean a process whereby changes may result from consultation, or a process leading to a binding arrangement betwen the State and one of the social partners. 11. To take first the dictionary meaning of the term, "negotiation" is defined in Webster's New College Dictionary as "conferring, discussing or bar- gaining to reach agareement". The Concise Oxford Dictionary defines "negotiate" as "confer with a view to compromise or agreement", the word "agreement" comprising as one of its meanings, according to ths same dictionary, that of "mutual understanding".

227 12. In the context of article 5 of the Convention, doubt was in fact expressed by three Governments (Canada, Japan and the United States) in their replies to point 15(1) of the Office Questionnaire, as to the use of the word "negotiation".68 The statement by the Government member of Japan (see paras. 8 and 9 above) provided an understanding as to the type, level and form of such negotiation. The specific question put by the Government of Canada is concerned with the purpose and result of the negotiation envisaged under article 5. 13. In this respect, there is nothing in the background and context of this article of the Convention, as recalled above, to show that any particular meaning of the word "negotiation" has been intended, other than the current dictionary acceptation of the word, that is to confer, discuss with a view to compromise or agreement. It may therefore be said, in reply to the specific question of the Government of Canada, that the process of negotiation referred to in article 5 does not necessarily imply "a process leading to a binding arrangement between the State and one of the social partners". 14. It may be appropriate, in the light of the above, to recall that in the usage of the Governing Body Committee on Freedom of Association recourse to this concept, or to similar ones, is found in contexts emphasizing the principle that the parties "should bargain in good faith making every effort to come to an agreement" or that "satisfactory labour relations depend primarily on the attitudes of the parties towards each other and on their mutual confidence".69 Indeed good faith and a disposition, in the attitudes of the parties, to confer or bargain towards a mutual understanding seems to be inherent to the concept of "negotiation" in labour law in general. 15. In point (2) of its query, the Government of Canada requests confirmation that the exclusion of agricultural, domestic and self-employed workers from the coverage of labour legislation would not prevent compliance with the Convention. 16. On this point it may be observed, firstly, that, as the Government right- ly remarks, the focus of Convention No. 150 is on the establishment of a system of labour administration and not on the scope of labour legislation. Article 4 of the convention lays down the obligation for a ratifying State to "ensure the organisation and effective operation... of a system of labour administration". 17. From the definitions given in article l(a) and (b) of the Convention, this obligation involves the organization and operation of all public administration bodies responsible for and/or engaged in public administration activities in the field of national labour policy. 18. The nature and scope of such "activities in the field of national labour policy" are not defined by the Convention. However, certain elements are given, in particular, by its article 6. 19. Article 6, paragraph 1, of the Convention provides, as follows: "1. The competent bodies within the system of labour administration shall, as appropriate, be responsible for or contribute to the preparation, administration, coordination, checking and review of national labour policy, and be the instrument within the ambit of public administration for the preparation and implementation of laws and regulations giving effect thereto."

228 20. Article 6, paragraph 2, refers more specifically to employment policy (subparagraph (a), conditions of work and working life and terms of employment, defects and abuses in these conditions and terms, and proposals on means to overcome them, taking into account national laws and regulations and national practice (subparagraph (ft)); services and technical advice to employers and workers and their organizations (subparagraphs (c) and (d)). 21. As can be seen from the provisions of article 6, labour administration activities include, but are not limited to, the preparation and implementation of relevant legislation. The system of labour administration must have the capacity to carry out all these activities such as specified by article 6, in respect of categories of persons coming within the scope of the Convention. 22. In respect of the categories of workers referred to by the Government of Canada, namely, agricultural, domestic and self-employed workers, it may be noted that article 7 of the Convention provides for the progressive extension of the functions of the system of labour administration, when national conditions so require, to certain "categories of workers who are not, in law, employed persons". Workers to whom coverage of the Convention may be so extended include tenants and sharecroppers and self-employed workers in the informal sector, as defined in subparagraphs (a) and (b) of article 7. On the other hand, agricultural workers (e.g. wage earners in agriculture) in general, and domestic workers all come within the initial scope of the Convention, and must be covered by the activities of the system of labour administration referred to above. 23. To conclude, in reply to point 2 of the query of the Government of Canada, it may be said that the exclusion of agricultural, domestic and self- employed workers from the coverage of labour legislation would not prevent compliance with the Convention, which does not include a specific obligation to have legislation covering those workers, as a condition for ratification. The Convention would require however that the system of labour administration should have the capacity and competence for identifying the need for legislation covering these workers (bearing in mind the provisions of article 7 concerning tenants and sharecroppers and self-employed persons) and for introducing and implementing such legislation, if necessary, as well as the capacity for carrying out all the other activities contemplated by the Convention in respect of the workers concerned.

(b) Memorandum on the Asbestos Convention, 1987 (No. 162), drawn up at the request of the Government of Canada™

1. By a letter dated 22 January 1987, the Government of Canada requested the Director-General of the International Labour Office to provide clarifica- tions as to the meaning of article 17 of the Asbestos Convention, 1986 (No. 162). The article reads as follows: " 1. Demolition of plants or structures containing friable asbestos insulation materials, and removal of asbestos from buildings or structures in which asbestos is liable to become airborne, shall be undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work in accordance with the provisions of this Convention and who have been empowered to undertake such work.

229 "2. The employer or contractor shall be required before starting demolition work to draw up a workplan specifying the measures to be taken, including measures to — (a) provide all necessary protection to the workers; (b) limit the release of asbestos dust into the air; and (c) provide for the disposal of waste containing asbestos in accordance with Article 19 of this Convention. "3. The workers or their representatives shall be consulted on the workplan referred to in paragraph 2 of this article." 2. The request of the Government of Canada is in the following terms: "We have a question about the terms ... by employers or contractors which are recognized by the competent authority as qualified to carry out such work . . . and empowered to undertake such work. Concerns were expressed that this provision might be interpreted as imposing some form of special certification or accreditation of all employers or contractors who are or might become involved in demolition or removal work involving asbestos. As can be readily appreciated, such requirement could translate into a very heavy, cumbersome and costly administrative burden which would be difficult or even impossible to implement, particularly in smaller jurisdictions or member States. For example, as regards demolition works, it is often not possible to determine and assess the presence of asbestos in every existing building or structure throughout a given jurisdiction or country; in many instances, the presence of asbestos may not be known until demolition would require certification or accreditation of every single employer or contractor in the jurisdiction which, as already mentioned above, raises very real practical problems of implementation. "Article 17, as we see it, aims at (a) underlining the specific risks to the workers' health and safety created by airborne asbestos dust in demolition or removal works (as distinct from and equal to the risks associated with mining and processing of asbestos in the manufacture of asbestos products) and (b) ensuring that proper procedures are taken by the employers and contractors involved to protect the workers against these risks at every stage of the work. "In this context, it seems to us that if, in a given jurisdiction, the following measures obtain: (a) The competent authority has (through legislation, regulations or enforceable guidelines, codes of practice, requirements or procedures) provided for specific health and safety measures to be implemented in demolition or removal work involving asbestos; (b) These measures or requirements apply to all employers and contractors within the jurisdiction; (c) These measures are in accordance with the requirements of article 17(2)(fl), (b), (c) and 17(3); (d) The competent authority has a monitoring system aimed at gathering information, to the extent possible, on planned or proposed demolition, repair or removal works involving asbestos within its

230 jurisdiction, with a view to ensuring that the proper procedures are put in place from the very start of the work; (e) The monitoring activities are accompanied by a system of on-site inspections either at the initiative of the competent authority or in reaction to allegations of non-compliance or in response to requests by the employer or contractor or a combination of all three; (f) The competent authority has a programme of information designed to (i) sensitize employers and workers and their associations (as well as the general public) to the dangers of work involving asbestos; (ii) to inform them of the prescribed health and safety measures; and (iii) to assist them in the effective implementation of these measures; (g) Employers or contractors who fail to comply with the prescribed measures are guilty of an offence and liable to sanction, which may involve a fine or a term of imprisonment or both; the requirements of article 17(1) are met. The prescribed measures, followed up by on-site inspections, will dictate how the demolition or removal work is to be conducted. Any employer, or contractor, is required to follow the prescribed measures and that employer or contractor therefore becomes qualified by the competent authority. Any employer, or contractor, who fails to comply with the prescribed measures is liable to sanctions. "Our view that article 17 does not necessarily require pre-authorisation through a system of accreditation or certification would seem to be corrobo- rated by the amendment submitted jointly by the Employers' and Workers' groups, and adopted by the June 1986 Conference, to delete the terms 'subject to authorization' which appeared in the original version of article 17 in the text submitted to the Conference for approval." 3. This request raises two questions. The first question is whether article 17 applies to all employers or contractors who are or might become involved in demolition work involving asbestos. The second question is whether article 17 requires pre-authorization of employers or contractors through a system of accreditation or certification. 4. On the first question, it is clear from the wording of article 17, and in particular of paragraph 2, which requires that plans of work be drawn up "before starting demolition work", that it only applies to demolition and removal work when asbestos is known in advance to be present. 5. To answer the second question, it is necessary to go back to the preparatory work leading to the adoption of the Convention. 6. Article 17 was introduced through an amendment submitted by the Workers' members in the Asbestos Committee during the first discussion of the draft Convention. A counter-amendment submitted by the Government member of Luxembourg to the effect that: "the employer or contractor, undertaking the demolition of plants or structures containing asbestos insulation materials and removal of asbestos from buildings or structures in which asbestos is liable to become airborne, should be qualified to carry out such work in accordance with the provisions of this Convention"

231 was rejected.71 The text adopted by the Conference after the first discussion — which became Article 15 of the proposed Convention — reads as follows: "1. Demolition of plants or structures containing asbestos insulation materials, and removal of asbestos from buildings or structures in which asbestos is liable to become airborne, shall be subject to authorization, which shall be granted only to employers or contractors who are recognized by the competent authority as qualified to carry out such work in accordance with the provisions of this Convention. "2. The employer or contractor shall be required before starting demolition work to draw up a workplan specifying the measures to be taken before the commencement of the work, including measures to: (a) Provide all necessary protection to the workers; (b) Limit the release of asbestos dust into the air; (c) Provide for the disposal of waste containing asbestos in accordance with article 17 of this Convention."72 7. This text remained unchanged right through to the plenary in the second discussion. An amendment, introduced in the Asbestos Committee, to replace paragraph 1 by a provision requiring that demolition and removal work should be subject to specific regulations issued by the competent authority received equal votes for and against and thus was not adopted.73 A request to reconsider this provision when the Committee adopted its report was strongly opposed and was withdrawn.74 8. The present wording of article 17 is the result of an amendment introduced in plenary. As explained by the Workers' Vice-Chariman of the Asbestos Committee, "this amendment is of a clarifying nature and has been drafted to improve the wording of the text so as to avoid ambiguity. There is no conceptual change".75 9. The ambiguity which the amendment was designed to eliminate was that the wording adapted by the Asebestos Committee, article 17, paragraph 1, could be read as requiring a two-stage procedure: firstly, the employer or contractor must be recognized as competent and, secondly, there must be an individual authorization for each demolition. This was not the intention. The intention was to ensure that demolition or removal work involving asbestos is undertaken only by employers or contractors qualified to do so. In its final wording, article 17, paragraph 1, leaves it to the competent authority in each country to decide the most appropriate way in which employers or contractors are recognized as qualified to carry out demolition and removal work and are empowered to do so. It may be through a system of pre- authorization of recognized contractors, limiting demolition work where asbestos is known to be present to a restricted number of licensed specialized firms, or through a system under which, for each demolition or removal project known to involve asbestos, the competent authority empowers the contractor concerned, provided it recognizes him as qualified, to undertake the job. 10. In the Office's opinion, the procedure described in the Government's request could be considered as satisfying the requirements of article 17(1), if the following conditions are met: (a) the competent authority is informed of all demolition or removal work known to involve asbestos; (b) the competent authority satisfies itself, before the work starts, that the contractor has made arrangements for the work to be done in accordance with the provisions of the

232 Convention; (c) it is empowered to prohibit the contractor from undertaking the work should it not be so satisfied. In this way the competent authority can be considered as having recognized the contractor as qualified to carry out the work and as empowering him to do so. 11. The above opinion is given with the usual understanding that any decision as to the conformity of a country's legislation and practice with a particular convention must rest, in the first instance, with the Government of the country concerned subject, in case of ratification of the convention, to the procedure established by the International Labour Organization for the examination of reports supplied by member States in pursuance of article 22 of the ILO Constitution. 2. UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION (a) Offer from a member State of services in lieu of cash as payment of assessed contributions

Memorandum to the Deputy Director-General, Department of External Relations, Public Information, Language and Documentation Services

1. I wish to refer to your request of 9 March 1987 for my view on the offer, contained in a note verbale dated 5 March 1987 from the Permanent Representative of Cuba, of the services of a Cuban translation and interpretation company in lieu of payment of assessed contributions. The reason indicated for the offer is Cuba's lack of foreign exchange. 2. In this connection you are no doubt aware of the applicable provision in article 15, paragraph 1, of the Constitution of UNIDO, which provides: "Regular budget expenditures shall be borne by the members, as appor- tioned in accordance with a scale of assessment established by the Conference by a two-thirds majority of the members present and voting, upon the recommendation of the Board adopted by a two-thirds majority of the members present and voting, on the basis of a draft prepared by the Programme and Budget Committee." In view of the above provision and taking into account that the scale of assessment adopted by the General Conference does not contemplate any other method of payment of assessed contributions than the usual payment of cash in the convertible currency (or currencies) indicated, there is at present no legal basis on which the Director-General could accept the Cuban offer. 3. The foregoing conclusion is, of course, without prejudice to the possibility of contractual arrangements being made between the secretariat and Cuba for the performance of translation services. However, the award of any such contract necessarily must be made in accordance with the Financial Regulations and Rules and, as required, upon the advice of the Committee on Contracts.

16 March 1987

233 (b) Legal consequences of withdrawal of a member State from UNIDO

Memorandum to the Director-General

1. I wish to refer to your request for my opinion on the legal consequences of withdrawal of a member State from UNIDO, including the financial aspects. 2. According to article 6, paragraph 1 of the Constitution, a member may withdraw "by depositing an instrument of denunciation of this Constitution with the depositary". The depositary being the Secretary-General of the United Nations, the instrument must be deposited with him. According to article 6, paragraph 2, of the Constitution, "withdrawal shall take effect on the last day of the fiscal year, following that during which such instrument was deposited." This means — on the assumption that the expression "fiscal year" equals 12 months — that if for example a member State should deposit its instrument of denunciation between today and the end of 1987, the withdrawal would take effect on 31 December 1988, and membership rights and obligations would continue until that date. 3. In accordance with article 6, paragraph 2, the withdrawing member shall pay contributions for the last fiscal year of its membership, which shall be the same as the assessed contributions for the fiscal year during which the instrument of denunciation was deposited. The interpretation of the period referred to as "fiscal year" encounters the difficulty that while this expression is used in the Arabic, Chinese, English and Russian versions of the authentic texts of the Constitution, the French and Spanish versions use, respectively, "exercice financier" and "ejercicio economico". The terms used in French and Spanish refer to a period of time without defining the length of the period, while the expression in English "fiscal year" and its equivalent in Arabaic, Chinese and Russian normally would be understood to refer to a period of 12 consecutive months. It is a well-established principle of international law that where authentic versions of a plurilingual treaty differ, an attempt must be made to conciliate the divergent versions. It is further well-established that where one or more of the authentic texts contain a precise expression, in particular if it is a technical or legal term, that expression is applied, if its application is compatible with the more general or vague expressions used in one or more of the other authentic texts. It follows therefore that the length of the period is a fiscal year or 12 months. 4. The above conclusion is compatible with the use of "fiscal year" in the Arabic, Chinese, English and Russian versions of article 5, paragraph 2 of the Constitution, which defines the amount of arrears necessary before a member may lose its right to vote. Article 5, paragraph 2, provides that the arrears shall equal or exceed the assessed contributions due "for the preceding two fiscal years". Although the French and Spanish versions also in article 5, paragraph 2, use the expressions "exercice financier" and "ejercicio economico", the divergence between the authentic texts can be conciliated in the same manner as discussed above for article 6, paragraph 2. 5. Article 14, paragraph 1, of the Constitution concerns the preparation of the budget and the programme of work and in this connection all the authentic versions employ the same expression, namely "fiscal period", "exercice financier", and "ejercicio economico" in English, French and Spanish, respectively. The Constitution does not itself define the length of the fiscal period but a definition is contained in the draft Financial Regulations, namely regulation II. 1,

234 according to which "the fiscal period shall consist of two consecutive calendar years, the first of which shall be an even year." The definition contained in the Financial Regulations could not, however, be applied to questions not considered by any of the provisions of the Financial Regulations and therefore would seem to be of no consequence for the questions of suspension and withdrawal of Member States, which are dealt with in articles 5 and 6 of the Constitution. 6. Considering that the contributions to be paid by the withdrawing member for the last year of its membership "shall be the same as the assessed contributions for the fiscal year during which" the deposit of the instrument of denunciation was effected, it follows that any supplementary estimates must be included in the calculation. 7. Although the last contribution of the withdrawing member is not an assessed contribution in the strict sense of article 14 of the Constitution, it is a mandatory contribution to the regular budget and must be assimilated to assessed contributions. The draft Financial Regulations do not deal expressly with this special contribution, but it would appear to be legally acceptable to treat it as "miscellaneous income to the regular budget" under draft financial regulation 10.1(b)(iv), and to credit it to the General Fund. If this is done, the contribution would become available to meet regular budget expenditures and it therefore would seem logical to deduct the amount of the special contribution from the total estimated expenditures for 1988/89 before distributing the remainder among the other members in accordance with the scale of assessment. 8. With respect to the Working Capital Fund, the withdrawing member's obligation to make advances continues until its membership has lapsed. Since in accordance with draft financial regulation 5.4(6) advances "shall be made in the proportion of the scale of assessments established by the Conference for the contributions of members to the regular budget", the obligation for the last year of membership should be adjusted in the same manner as the contribution to the regular budget for that year is adjusted in accordance with article 6, paragraph 3, of the Constitution.

21 September 1987

Memorandum to the Director-General

1. I wish to refer to your request for a legal opinion on the legal aspects of the problem "that several Governments in countires where UN1DO is implementing projects are delaying the purchase of equipment by requesting that these purchases be made only after the Government has given its clearance". In this connection, you also asked my opinion on the possibility of UNIDO submitting to the Governments concerned a set of possibilities for purchases accompanied by a deadline (for instance one month) indicating that in case no reply is received within the deadline, UNIDO would proceed with the purchase option of its choice.

235 2. From a legal viewpoint, a requirement that the recipient Government must first give its clearance before equipment can be purchased or a contract awarded by UNIDO would not be compatible with the relevant Financial Regulations and Rules applicable to UNIDO. As you know, UNIDO, in accordance with article 26, paragraph 2, of its Constitution, continues to apply the United Nations Financial Regulations and Rules. In respect of contracts and purchases, regulation 10.5 provides: "Tenders for equipment, supplies and other requirements shall be invited by advertisement, except where the Secretary-General deems that, in the interests of the Organization, a departure from the rules is desirable." "Rule 110.18 "Calling for bids or proposals "Except as provided in rule 110.19, contracts for the purchase or rental of services, supplies, equipment and other requirements shall be let after competitive bidding or calling for proposals. Tenders shall be invited by advertising through publication or distribution of formal invitations to bid; provided that in cases when the nature of the work involved precludes invitation of tenders and where proposals are called, a comparative analysis of such proposals shall be kept on record." "Rule 110.21 "Awarding of contracts "Contracts shall be awarded to the lowest acceptable bidder, due consideration being given to the utilization of currencies available to the Organization and which require special management, provided that where the interests of the Organization so require, all bids may be rejected. In the latter instance, the Assistant Secretary-General for General Services or such other official authorized under rule 110.16 shall record in writing the reasons for rejection of the bids and determine whether to invite new competitive tenders or enter into a negotiated contract." 3. It is a long-standing practice of the United Nations and of UNIDO for technical cooperation projects to let contracts and to award purchase orders upon the calling of costed proposals. Invitations to submit such proposals are distributed internationally to qualified companies with the technical specifications prepared by or under the responsibility of UNIDO's substantive backstopping staff. To the extent possible the technical specifications are kept neutral so as not to pre- judge the eventual choice of a company, and they are finalized in the context of the relevant project document and budget, taking fully into account the wishes and requirements of the recipient Government. Upon receipt of the costed proposals they are examined and their technical acceptability is evaluated by the competent substantive backstopping officer. Thereafter, the costs of the technically acceptable proposals are computed on a comparable basis by the Purchasing and Contract Service and upon the advice and recommendation of the interdepartmen- tal Committee on Contracts, the contract or purchase order is placed in accordance with rule 110.21, with the company that submitted the least costly, technically acceptable, proposal. 4. From the foregoing, it is clear that the applicable regulations and rules do not permit UNIDO to accept a requirement of prior Government clearance before selecting the company or equipment in question since UNIDO necessarily

236 must choose the lowest technically acceptable proposal. If, therefore, the Government should not give its clearance or point to another source, UNIDO would not be able to act in accordance with the applicable rules. 5. The foregoing procedure does not exclude close cooperation between UNIDO and the competent authorities of the recipient Government, whether at the stage of formulating the project, establishing the technical specifications prior to inviting proposals or even in the course of the technical evaluation of the costed proposals. In the context of such cooperation there would, of course, not be any legal obstacle to arranging for a procedure that would set deadlines for when the recipient Government's views and requests should be transmitted to UNIDO.

22 October 1987

NOTES

'ST/SGB/132. 2IAEA document INFCIRC/335. 'IAEA document INFCIRC/336. ••Economic and Social Council resolution 2008(LX) of 14 May 1976, and General Assembly resolution 31/93 of 14 December 1976. 'See note by the Administrator (DP/107 of 7 April 1975). "Revised text: United Nations, Treaty Series, vol. 828, p. 305. international Legal Materials, vol. 9, p. 978. 848 CFR 27.300. 'United Nations, Treaty Series, vol. 1, p. 15. '"General Assembly resolution 217 A(III). "See PD/4/77, paras. 18-2O. 12United Nations, Administrative Tribunal Judgement No. 252. In: Judgements of the United Nations Administrative Tribunal, Numbers 231 to 300, 1978-1982 (United Nations publication, Sales No. E.83.X.1). "Juridical Yearbook, 1975, p. 161. I4lbid.,p. 186. "We would incidentally note that it was clearly stated in the above-cited memorandum of 2 March 1979 that the "memorandum [of the Legal Counsel of 17 October 1969], of course, is relevant only to the question of assessment of staff members and military observers". With respect to collection by the United Nations of compensation for damage to property caused by military members of national contingents of peace-keeping forces, it was indicated, as follows, that settlement is made through the Government involved and that claims are normally presented only in cases of gross negligence: "Concerning claims against Governments contributing military contingents, it seems the United Nations policy is correctly stated in the Reference Guide for Peace-keeping Forces, paras. 5.7.6 on page A.24 . . . Normally, gross negligence would be required in order for the Office of Financial Services to be in a position to present an effective claim ..." The procedures for collection of compensation for damage caused to United Nations property by military members of national contingents are discussed in the above-cited legal opinion of 20 August 1975. "A/9822, para. 21. 17ST/SGB/UNEF/1. I8ST/SGB/UNFICYP/1. "A/9285, annex I.

237 20 A/33/373. -'United Nations, Treaty Series, vol. 193, p. 135. -Ibid., vol. 1155, p. 331; also reproduced in Juridical Yearbook, 1969, p. 140. ^Juridical Yearbook, 1976, p. 159. 24United Nations, Treaty Series, vol. 1, p. 15. ^Public Law 79-291. 26See Judgements of the United Nations Administrative Tribunal, Numbers 23 J to 300,1978-1982 (United Nations publication, Sales No. E.83.X.1). 27United Nations, Treaty Series, vol. 1, p. 15. 2»Ibid., vol. 11, p. 11. 29Public Law 79-291; 22 U.S.C. Sec 288. 10668 F.2d 547 (D.C. Cir. 1981). 1]628 F.2d 27. 35 (D.C. Cir. 1980). 12See also Mendaro v. World Bank, 111 F.2d 610 (D.C. Cir. 1983). "No. 82-1267 (D.D.C. June 23, 1983). "Cases Nos. 2-CA-21648 and 2-CA-21664. "In another Ruling of 17 November 1986, the Regional Director dismissed on the same grounds a similar application in Restaurant Associates Industries, Inc. and Commercial Management Services for the United Nations, Case No. 2-CA-21879. '"See National Detective Agencies. 237 NLRB 451, fn. No. 1. On 31 December 1986, the General Counsel upheld, on the same grounds, the Ruling of the Regional Director of 17 November 1986 dismissing Case No. 2-CA-21879, supra, note 9. "United Nations, Treaty Series, vol. 1, p. 15. "Ibid., vol. 500, p. 95. "Ibid., vol. l,p. 15. "Ibid., vol. 1144, p. 213. 4llbid.,vol. l,p. 15. 42Ibid. 41Ibid. "Ibid., vol. 492, p. 57. 45Public Law 79-291. "Public Law 80-357; United Nations, Treaty Series, vol. 11, p. 11. "Public Law 86-778. 4826 U.S.C. sees. 1402(c) (2) (C); 3121(b) (15). 49A/6491, sect. II; A/6605, para. 35(a). '"United Nations, Treaty Series, vol. 1, p. 15. "Ibid. "Ibid., vol. 11, p. 11. "Juridical Yearbook, 1975, p. 87. ^United Nations, Treaty Series, vol. 500, p. 95. "Ibid., vol. l.p. 15. *lbid., vol. 11, p. 11. "Ibid., vol. 500, p. 95. '"Public Law 92-539; 86 STAT. 1070. "United Nations, Treaty Series, vol. 11, p. 11. •"Ibid., vol. 500, p. 95. "Yearbook of the International Law Commission, 1958, vol. II (United Nations publication, Sales No. 58.V.I, vol. II), p. 96. "Juridical Yearbook, 1975, p. 87. "'Document G.B. 238/22/5; 238th session of the Governing Body, November 1987. "International Labour Council, 61st Session, 1976; Report V(l), p. 12. "Ibid., p. 163. "Ibid., pp. 94-97. "Ibid., 63rd Session, 1977; Report V(2), p. 46. 67Ibid., 64th Session, Record of Proceedings, p. 22/6.

238 ""Ibid., 63rd Session, 1977, Report V(2), pp. 44-45. 69See Freedom of Association, Digest of Decisions of the Freedom of Association Committee of the Governing Body of the ILO, 2nd edition, ILO, 1976, paras. 243, 244, 245 on p. 92. '"Document G.B. 238/22/5; 238th session of the Governing Body, November 1987. 7lParagraph 76 of the Committee's report (ILO, Safety in the use of asbestos, Report IV(1), International Labour Conference, 72nd Session, Geneva (Geneva, 1986), p. 20). "Point 24 of the proposed Conclusions and article 15 of the proposed Convention, ibid., p. 41. "International Labour Conference, Record of Proceedings, 72nd Session, Geneva (Geneva 1986), p. 29/12, para. 93. 74Ibid., p. 29/27-28, paras. 286-291. "Ibid., p. 28/4.

239

Part Three

JUDICIAL DECISIONS ON QUESTIONS RELATING TO THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZATIONS

Chapter VII

DECISIONS AND ADVISORY OPINIONS OF INTERNATIONAL TRIBUNALS

International Court of Justice APPLICATION FOR REVIEW OF JUDGEMENT No. 333' OF THE UNITED NATIONS ADMINISTRATIVE TRIBUNAL (REQUEST FOR AN ADVISORY OPINION)2

Request for an advisory opinion by the Committee on Applications for Review of Administrative Tribunal Judgements — Article 11 of the statute of the Tribunal — Competence of the Court — Discretion of the Court and propriety of giving an opinion — Objection to the judgement on the grounds of error on a question of law relating to the provisions of the Charter of the United Nations and of excess of jurisdiction or competence On 10 September 1984 the Court had recieved a request for an advisory opinion, submitted by the Committee on Applications for Review of Judgements of the Administrative Tribunal of the United Nations, in respect of Judgement No. 333, delivered at Geneva on 8 June 1984 by the Administrative Tribunal in the case of Yakimetz v. the Secretary-General of the United Nations. Written statements were in due course submitted by the Governments of the Union of Soviet Socialist Republics, Italy, Canada and the United States of America, and on behalf of the Secretary-General of the United Nations. The laner also transmitted a statement on behalf of Mr. Yakimetz, who had made the application for review. Written comments were subsequently received from the Secretary-General of the United Nations, who also transmitted comments made by Mr. Yakimetz, and by the Government of the United States of America. As in previous similar cases, the Court decided not to hear oral3 statements, and the United Nations and the States having presented written statements were so informed by a letter of 3 November 1986. On 27 May 1987 the Court delivered, at a public sitting, its advisory opinion,4 of which a summary outline and the complete text of the operative paragraph are given below:5

Review of the proceedings and summary of facts (paras. 1 -22)

The Court outlines the successive stages of the proceedings before it (paras. 1-9) and summarizes the facts of the case as they emerge from the reasons adduced in the judgement of 8 July 1984 in the case concerning Yakimetz v. the Secretary-General of the United Nations, and as set out in the documents submit- ed to the Tribunal (paras. 10-18). The facts essential for an understanding of the decision reached by the Court are as follows:

243 Mr. Vladimir Victorovich Yakimetz (referred to in the Opinion as "the Applicant") was given a five-year appointment (1977-1982) as Reviser in the Russian Translation Service of the United Nations. In 1981 he was transferred as Programme Officer to the Programme Planning and Coordination Office. At the end of 1982 his appointment was extended for one year, expiring on 26 December 1983, and his letter of appointment stated that he was "on secondment from the Government of the Union of Soviet Socialist Republics" (para. 10). On 8 February 1983 the Assistant Secretary-General for Programme Planning and Coordination informed the Applicant that it was his intention to request an extension of his contract after the current contract expired on 26 December 1983. On 9 February 1983 the Applicant applied for asylum in the United States; on 10 February he informed the Permanent Representative of the USSR to the United Nations of his action, and stated that he was resigning from his positions in the Soviet Government. On the same day, he notified the Secretary-General of his intention to acquire permanent resident status in the United States (para. 11). On 25 October 1983, the Applicant addresed a memorandum to the Assistant Secretary-General for Programme Planning and Coordination, in which he expressed the hope that it would be found possible on the basis of his performance to recommend a further extension of his contract with the United Nations, "or even better a career appointment". On 23 November 1983, the Deputy Chief of Staff Services informed the Applicant by letter "upon instruction by the Office of the Secretary-General" that it was not the intention of the Organization to extend his fixed-term appointment beyond its expiration date, i.e., 26 December 1983. On 29 November the Applicant protested against the decision and referred to his acquired rights under section IV, paragraph 5, of General Assembly resolution 37/126 of 17 December 1982, which provides "that staff members on fixed-term appointments upon completion of five years of continuing good service shall be given every reasonable consideration for a career appointment" (para. 13). On 13 December, the Applicant requested the Secretary-General to review the decision not to extend his appointment beyond its expiration date and again invoked his rights under General Assembly resolution 37/126. hi a letter dated 21 December 1983, the Assistant Secretary-General for Personnel Services replied to the Applicant's letter of 13 December and advised him that, for the reasons stated, the Secretary-General was maintaining the decision communicated in the letter of 23 November 1983 (para. 14). On 6 January 1984 the Applicant filed the application on the United Nations Administrative Tribunal in respect of which Judgement No. 333 was given (para. 14). The Applicant then made a further application for United Nations employment (para. 15). The Court notes that, at a press conference on 4 January 1984, the spokesman for the Secretary-General said that "if Mr. Yakimetz chose to apply for a position ... he would be given every consideration along with other applicants for any position". It also noted that the New York Times of the same day carried an article dealing with the non-renewal of the Applicant's contract, in which the Executive Assistant to the Secretary-General was quoted as having said that "to have the contract extended ... Soviet consent was essential, But, he said, 'the Soviets refused'." Commenting on that report in a letter to the New York Times

244 dated 24 January 1984, the Under-Secretary-General for Administration and Management pointed out that "a person who is on loan returns to his Government unless that Government agrees otherwise" (para. 16). Following this summary of the facts, the opinion presents the principal contentions of the Applicant and of the Respondent as summarized by the Tribunal, and lists the legal issues which the Tribunal stated were involved in the case (paras. 17-19). It then gives a brief analysis of Judgement No. 333 (paras. 20-21), to which it returns subsequently in more detail.

Competence of the Court to give an advisory opinion, and the propriety of doing so (paras. 23-27)

The Court recalls that its competence to deliver an advisory opinion at the request of the Committee on Applications for Review of Administrative Tribunal Judgements is derived from several provisions: article 11, paragraphs 1 and 2, of the statute of the Tribunal, Article 96 of the Charter and Article 65, paragraph 1, of the Statute of the Court. It has already had occasion to examine the question of its competence under these provisions, whether the request for opinion originated, as in the present case, from an application by a staff member (Application for Review of Judgement No. 158 of the United Nations Administrative Tribunal, Fasla case, 1973) or from an application by a member State (Application for Review of Judgement No. 273 of the United Nations Administrative Tribunal, Mortished case, 1982). In both cases, it concluded that it possesed competence. In the present case, its view is that the questions addressed to it are clearly legal questions arising within the context of the Committee's activities (paras. 23-24). As for the propriety of giving an opinion, it is clearly established, according to the Court, that the power conferred by article 65 of the Statute is of a discretionary character, and also that the reply of the Court to a request for an advisory opinion reflects its participation in the activities of the United Nations and, in principle, should not be refused. In the present case, it considers in any event that there is clear legal justification for replying to the two questions put to it by the Committee. It recalls that, in its 1973 opinion, it subjected the machinery established by article 11 of the statute of the Administrative Tribunal to critical examination. While renewing some of its reservations as to the procedure established by that article, the Court, anxious to secure the judicial protection of officials, concludes that it should give an advisory opinion in the case (paras. 25-26). In its advisory opinions of 1973 and 1982, the Court established the principle that its role in review proceedings was not "to retry the case and to attempt to substitute its own opinion on the merits for that of the Tribunal". That principle must continue to guide it in the present case. In particular, it should not express a view on the correctness or otherwise of any finding of the Tribunal, unless it is necessary to do so in order to reply to the questions put to it (para. 27).

First question (paras. 28-58)

The first question put to the Court is worded as follows: " 1. In its Judgement No. 333 of 8 June 1984 (AT/DEC/333), did the United Nations Administrative Tribunal fail to exercise jurisdiction vested in it by not responding to the question whether a legal impediment existed to

245 the further6 employment in the United Nations of the Applicant after the expiry of his contract on 26 December 1983?" In his application to the Administrative Tribunal, the Applicant contended that "there was no legal bar to his eligibility for a new fixed-term contract" or to a probationary appointment leading to a career appointment. He claimed to have a "legally and morally justifiable expectancy of continued U.N. employment, and a right to reasonable consideration for a career appointment". Before the Tribunal, the Secretary-General stated that there was no legal impediment to the grant of a career appointment, and asserted that the contested decision had been taken after consideration of all the circumstances in the case. This, he contended, constituted "reasonable consideration" within the meaning of General Assembly resolution 37/126, given that the Applicant had no "right" to "favourable consideration for a career appointment" (paras. 29-30). Before the Tribunal, the Applicant made no reference to the recognition by the Secretary-General that there was no legal impediment, but took issue with the statement that "reasonable consideration" had been given. He argued that if the Secretary-General was under the impression, as the letter of 21 December 1983 and the statements made by certain senior officials indicated, that any extension of the Applicant's appointment without the consent of the Government which had seconded him was beyond the scope of his discretionary power, this would have prevented him from giving every reasonable consideration to a career appointment. The Applicant therefore requested the Tribunal to find that the view which actually was held at that time — that a secondment did give rise to a legal impediment to any further employment—was incorrect, so that no "consideration" on that basis could be "reasonable" within the meaning of resolution 37/126, and requested it to find that there was no legal impediment to his futher employment after the expiry of his contract on 26 December 1983. The Applicant held that the Tribunal had not responded to his plea on that point, and the Court is now requested to state whether in that regard it failed to exercise jurisdiction (paras. 31-32). The Court considers that the Tribunal's handling of the question of the "legal impediment' is not entirely clear. The reason for this, according to the Court, is that it was obliged to deal first with other contentions set out by the Applicant. As a matter of logic, the Tribunal dealt first with the question whether the Applicant had a "justifiable expectancy of continued United Nations employment" — in other words, whether there was a "legal expectancy" in that connection, since if such an expectancy existed the Secretary-General would have been obliged to provide continuing employment to the Applicant within the United Nations. The Tribunal found that there was no legal expectancy. On the one hand, the consent of the national Government concerned would have been required for the renewal of the previous contract, which was a secondment contract, and on the other hand, according to staff rule 104.12 (b), fixed-term appointments carry no expectancy of renewal or of conversion to any other type of appointment. The Tribunal also held that the Secretary-General had given reasonable consideration to the Applicant's case, pursuant to section IV, paragraph 5, of General Assembly resolution 37/126, but without saying so explicitly (paras. 33-37). An analysis of the Judgement therefore shows that, for the Tribunal, there could be no legal expectancy, but neither was there any legal impediment to "reasonable consideration" being given to an applicant for a career appointment.

246 According to the Tribunal there would have been no legal impediment to such an appointment if the Secretary-General, in the exercise of his discretion, had seen fit to offer one (paras. 38-41). The Court notes that the real complaint of the Applicant against the Tribunal was, rather than failing to respond to the question whether there was a legal impediment to his further employment, that it had paid insufficient attention to the indications that the Secretary-General had thought that there was a legal impediment, so that the "reasonable consideration" either never took place or was vitiat- ed by a basic assumption — that there was an impediment — which was later conceded to be incorrect. Here the Court recalls that in appropriate cases it is entitled to look behind the strict terms of the question as presented to it (Interpretation of the Agreement of 25 March 1951 between WHO and Egypt, 1980), provided its reformulation remains within the limits of the powers of the requesting body. In the present case, without going beyond the limits of the ground of objection contemplated by article 11 of the Tribunal's statute and upheld by the Committee (failure to exercise jurisdiction), it is open to the Court to redefine the point on which it is asserted that the Tribunal failed to exercise its jurisdiction, if this will enable it to give guidance on the legal question really in issue. It thus seems to the Court essential to examine not only whether the Tribunal failed to examine the question of the legal impediment to the Applicant's further employment — as it is requested to do — but also whether the Tribunal omitted to examine the Secretary-General's belief in that regard, and the possible impact of that belief on his ability to give "every reasonable consideration" to a career appointment. If it can be established in this case with sufficient certainty that the Tribunal addressed its mind to the matters on which the Applicant's contentions were based, there was no failure to exercise jurisdiction in that respect, whatever may be thought of the conclusion it reached in the light of the information available to it (paras. 42-47). The Court refers first to the actual text of the Tribunal's judgement, which did not deal specifically with the question of the existence of a "legal impediment". It does not, however, conclude from this that it failed to address its mind to this question. What the judgement states is that, in the Tribunal's view, the Secretary-General could take the decision to offer the Applicant a career appointment, but was not bound to do so. It follows from this that the Tribunal was clearly deciding, though by implication, that there was no absolute legal impediment which had supposedly inspired the decision not to give the Applicant a career appointment. In so doing the Tribunal therefore responded to the Applicant's plea that it should be adjudged that there was no legal impediment to the continuation of his service (para. 48). The Court then refers to a statement by the President of the Administrative Tribunal, Mr. Ustor, appended to the judgement, and to the dissenting opinion of another member of the Tribunal, the Vice-Président, Mr. Kean. It seems to the Court impossible to conclude that the Tribunal did not address its mind to the issues which were specifically mentioned by Mr. Ustor and Mr. Kean as the grounds for their disagreement with part of the judgement relating to the "legal impediment" and to the "reasonable consideration". The Tribunal, as a body represented by the majority which voted in favour of the judgement, must have drawn its own conclusions on these issues, even if these conclusions were not spelt out as clearly in the judgement as they ought to have been (paras. 49-57).

247 As to the question whether "every reasonable consideration" was in fact given, the Tribunal decided this in the affirmative. The Court, considering that it is not entitled to substitute its own opinion for that of the Tribunal on the merits of the case, does not find it possible to uphold the contention that the Secretary- General did not give "every reasonable consideration" to the Applicant's case, in implementation of resolution 37/126, because he believed that there was a legal impediment. The Court, after due analysis of the text of Judgement No. 333 of the Tribunal, considers that the Tribunal did not fail to exercise jurisdiction vested in it by not responding to the question whether a legal impediment existed to the further employment in the United Nations of the Applicant after the expiry of his contract on 26 December 1983. Accordingly, the answer to the first question put to it by the Committee must be in the negative (para. 58).

Second question (paras. 59-96)

The question is worded as follows: "2. Did the United Nations Administrative Tribunal, in the same Judgement No. 333, err on questions of law relating to provisions of the Charter of the United Nations?" Concerning the nature of its task, the Court recalls that the interpretation, in general, of Staff Regulations and Rules is not its business, but that it is the business of the Court to judge whether there is a contradiction between a particular interpretation or application of them by the Tribunal and any of the provisions of the Charter of the United Nations. It is also open to the Court to judge whether there is any contradiction between the Tribunal's interpretation of any other relevant texts such as, in this case, General Assembly resolution 37/126, and any of the provisions of the Charter (paras. 59-61). The first provision of the Charter in respect of which the Applicant contends that the Tribunal made an error of law is Article 101, paragraph 1, which provides that: "The staff [of the Secretariat] shall be appointed by the Secretary- General under regulations established by the General Assembly." More specifically, the Applicant's complaint bears upon the role which ought to have been played by the Appointment and Promotion Board, but which it was unable to play because no proposal ever reached it, with the result that it never had a chance to consider his case. The Applicant presented this as one element of the denial of "reasonable consideration" of his case. The Tribunal found that it was "left to the Respondent to decide how every reasonable consideration for a career appointment should be given to a staff member" and that the Respondent had "the sole authority to decide what constituted "reasonable consideration". On the basis of this passage the Applicant contends that this is a question of law relating to Article 101, paragraph 1, of the Charter (paras. 62-69). The Court interprets the above-quoted passage as meaning that it was for the Secretary-General to decide what process constituted "reasonable consideration", and not that the only test of reasonableness was what the Secretary-General thought to be reasonable. Indeed the Tribunal has nowhere stated that the Secretary-General possesses unfettered discretion. Nevertheless, the Tribunal did accept as sufficient a statement by the Secretary-General that the "reasonable consideration" required by resolution 37/126 had been given. It did not require the

248 Secretary-General to furnish any details of when and how it had been given, let alone calling for evidence to that effect. Because the texts do not specify which procedures are to be followed in such a case, the Court is unable to regard this interpretation as in contradiction with Article 101, paragraph 1, of the Charter (paras. 70-73). The Secretary-General has also asserted that the decision taken in this case was "legitimately motivated by the Secretary-General's perception of the interests of the Organization to which he properly gave precedence over competing interests". The Tribunal need not have accepted this; it might have regarded the statements quoted by the Applicant as evidence that the problem of secondment and the lack of Government consent had been allowed to dominate more than the Secretary-General was ready to admit. That was not, however, the view it took. It found that the Secretary-General had "exercised his discretion properly". Whether or not this was an error of judgement on the Tribunal's part, what is certain is that it was not an error on a question of law relating to Article 101, paragraph 1, of the Charter. The essential point is that the Tribunal did not abandon all claim to test the exercise by the Secretary-General of his discretionary power against the requirements of the Charter. On the contrary, it reaffirmed the need to check any "arbitrary or capricious exercise" of that power (paras. 74-75). The Applicant claims that the Tribunal committed an error of law relating to Article 100, paragraph 1, of the Charter, which provides: "In the performance of their duties the Secretary-General and the staff shall not seek or receive instructions from any Government or from any other authority external to the Organization. They shall refrain from any action which might reflect on their position as international officials responsible only to the Organization." The Applicant does not allege that in refusing him further employment the Secretary-General was merely carrying out the instructions of a Government, but considers that the statements made by senior officials as mentioned above indicated that the Secretary-General believed that further employment was impossible without the consent of the Applicant's Government — which has been shown to be untrue — and that the Tribunal concluded that this was indeed the belief of the Secreatry-General. The Court does not find it possible to uphold this contention, since it does not consider the Tribunal to have reached that conclusion (paras. 76-78). The Applicant alleges a failure to observe Article 101, paragraph 3, of the Charter, which provides: The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence and intregrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible." He asserts that the Tribunal's judgement failed to weigh the mandate of that Article against other factors, and that it made merit subservient to other considerations. It is clear that the expression "the paramount consideration" is not synony- mous with "the sole consideration", and it is for the Secretary-General to balance the various considerations. It was not for the Tribunal, nor is it for the Court, to substitute its own appreciation of the problem for his. The Secretary-General's

249 decision cannot be said to have failed to respect the "paramount" character of the considerations mentioned in Article 101, paragraph 3, simply because he took into account all the circumstances of the case in order to give effect to the interests of the Organization (paras. 79-82). In taking his decision, the Secretary-General had taken account of "the events of 10 February 1983" (the date of the Applicant's communication informing the Soviet Government that he was resigning from its service) "and thereafter". The Tribunal examined this matter in the context of the new contractual relationship "which, according to the Applicant, had been created between himself and the United Nations on that date". For his part, the Secretary-General denied that "a continuing relationship with a national Government is a contractual obligation of any fixed-term staff member — seconded or not" and that the Applicant's continued employment did not imply that a new contractual relationship had been created. The Tribunal comments on the significance of national ties and expresses disapproval of the Secretary-General's above-quoted remarks. It does not apparently consider them consistent with the ideas found shortly before- hand in Judgement No 326 (Fischman) which referred to a "widely held belief expressed in a report to the Fifth Committee of the General Assembly to the effect that staff members who break their ties with their home countries can no longer claim to fulfil the conditions governing employment in the United Nations. The Tribunal adds that this position must continue to provide an essential guidance in this matter. The Court here observes that this "widely held belief amounts to the views expressed by some delegates to the Fifth Committee in 1953 at the eighth Session of the General Assembly, and never materialized in an Assembly resolution (paras. 83-85). The Court also notes that the relevant passage in Judgement No. 333 is not essential to the reasoning of the decision, but that the Court has a duty to point out any error "on a question of law relating to the provisions of the Charter of the United Nations" whether or not such error affected the disposal of the case. However, having considered the relevant passage of the judgement (para. XII), the Court is unable to find that the Tribunal there committed an error of law "relating to the provisions of the Charter". For the Secretary-General, the change of nationality was an act having no specific legal or administrative consequences. The Tribunal upheld the Secretary-General's main contention, but at the same time pointed out that according to one view, the change of nationality was not necessarily such an act, but one which in some circumstances may adversely affect the interests of the United Nations. This is very far from saying that a change or attempted change of nationality may be treated as a factor outweighing the "paramount consideration" defined by Article 101, paragraph 3, of the Charter; this is what the Applicant accuses the Secretary-General of having done, but the Tribunal did not agree with him, since it established that "reasonable consideration" had taken place, (paras. 86-92). The Applicant asserts that the Tribunal erred on a question of law relating to Article 8 of the Charter, which is worded as follows: "The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs." The Applicant propounds a novel view of that Article, that it prohibits "any restriction on the eligibility of any person". The Court explains why it is not

250 called upon to deal with this contention, so that Article 8, even in the wide interpretation contended for by the Applicant, has no relevance whatever (para. 93). The Applicant asserts that the Tribunal erred on a question of law relating to Article 2, paragraph 1, of the Charter, namely: "The Organization is based on the principle of the sovereign equality of all its Members", coupled with Article 100, paragraph 2: "Each Member of the United Nations undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities." The complaint here examined appears to be that a certain Government brought pressure to bear on the Secretary-General contrary to Article 100, paragraph 2, of the Charter. In that event, even if there had been evidence (which there was not) that a member State had behaved in violation of that Article of the Charter, the Tribunal would not have been justified in making any finding in that respect, and could not therefore be critized for not doing so. The Court can therefore see no possibility of an error of law by the Tribunal relating to Article 2 and Article 100, paragraph 2, of the Charter (paras. 94-96). In respect of the second question put to it in this case, the Court concludes that the Tribunal, in its Judgement No. 333, did not err on any question of law relating to the provisions of the Charter. The reply to that question also must therefore be in the negative (para. 96).

Operative paragraph (para. 97)

"THE COURT, A. Unanimously, Decides to comply with the request for an advisory opinion; B. Is of the opinion : (1) with regard to question 1, Unanimously, That the United Nations Administrative Tribunal, in its Judgement No. 333 of 8 June 1984 (AT/DEC/333), did not fail to exercise jurisdiction vested in it by not responding to the question whether a legal impediment existed to the further employment in the United Nations of the Applicant after the expiry of his fixed-term contract on 26 December 1983; (2) with regard to question 2, by 11 votes to 3, That the United Nations Administrative Tribunal, in the same Judgement No. 333, did not err on any question of law relating to the provisions of the Charter of the United Nations. IN FAVOUR: President Nagendra Singh; Vice-Président Mbaye; Judges Lachs, Ruda, Elias, Oda, Ago, Sette-Camara, Bedjaoui, Ni and Tarassov; AGAINST: Judges Schwebel, Sir Robert Jennings and Evensen." Judge Lachs appended a declaration to the Advisory Opinion.7 Judges Elias, Oda and Ago appended separate opinions8 and Judges Schwebel, Sir Robert Jennings and Evensen appended dissenting opinions.9

251 NOTES

'For a summary of the judgement, see Juridical Yearbook, 1984, p. 146. 2Ibid., p. 87. 3See l.CJ. Yearbook 1972-1973, p. 127; I.CJ. Yearbook 1981-1982, pp. 131-132. 4/.CJ. Reports 1987, p. 18. The summary is taken from the I.CJ. Yearbook 1986-1987, No. 41, p. 148. The Opinion notes a discrepancy between the English and French texts, pointing out that the words "obstacle juridique au renouvellement de l'engagement" appearing in the French version include both a case of prolongation of an existing contract and that of an appointment distinct from the pre-existing contractual relationship (para. 28). 7/.CJ. Reports 1987, pp. 74-75. "Ibid., pp. 76-108. 'Ibid., pp. 110-174.

252 Chapter VIII

DECISIONS OF NATIONAL TRIBUNALS

Switzerland

FEDERAL COURT

Ms. X. V. THE COUNCIL OF STATE OF THE CANTON OF GENEVA: JUDGEMENT OF 2 APRIL 1987'2

Expulsion of a staff member of an international organization pursuant to the Federal Act of 26 March 1931 on the Stay and Establishment of Aliens—Decision challenged through an appeal under public law and through an appeal under administrative law — Inadmissibility of the appeal under public law — In the absence of any provision of federal law, including international agreements concluded by Switzerland establishing special treatment of international civil servants, they remain subject to ordinary law — Appellant's claim of violation of personal freedom and of the prohibition of arbitrary action

(Second Court of Public Law) Hearing of 2 April 1987 Mr. PATRY presiding EXPULSION, PURSUANT TO ARTICLE 10 OF THE FEDERAL ACT OF 26 MARCH 1931 ON THE STAY AND ESTABLISHMENT OF ALIENS (LSEE), OF A STAFF MEMBER OF AN INTERNATIONAL ORGANIZATION

Federal Act on Judicial Organization (OJ) 100 (b), 101 (c); LSEE 10, 11, 25; Regulation of 1 March 1949 for the Implementation of the LSEE (RSEE) 16; Interim Arrangement on Privileges and Immunities of the United Nations, article V.

1. According to article 25, paragraph 1 (/), of the LSEE, the Federal Council is authorized to establish a special treatment to be applied, in the area of the policing of aliens, to representatives of foreign States or members of international agencies. It has not, however, made use of that power, so that international civil servants remain subject to the ordinary regime, except as provided by treaties. 2. The international agreements concluded by Switzerland do not exempt a United Nations staff member, at least when he is not assimilated to a diplomatic agent, from the risk of expulsion pursuant to article 10 of the LSEE and do not enable him to benefit from any special procedure.

253 Facts (summarized):

A. A foreign national, against whom a number of complaints had been made and who had been employed as a secretary by an organization associated with the United Nations, had been expelled from Swiss territory by a decision of the Geneva Department of Justice and Police on the ground that she had demonstrated her inability to adapt to the established order in Switzerland. B. The Geneva Council of State rejected the appeal she lodged against that decision. C. The person concerned challenged the latter decision through an appeal under public law and through an appeal under administrative law.

Law:

1. (a) The two appeals were lodged against the same decision and are supported by practically identical arguments. It is therefore justifiable to combine the two cases and to rule in one and the same judgement. (b) The appeal under public law to the Federal Tribunal against a cantonal decision for violation of the constitutional rights of citizens is not admissible if the alleged violation can be brought before the Federal Tribunal by other legal means (art. 81, para. 2, OJ). In so far as violation of the constitutional rights of citizens may also be claimed within the context of an appeal under administrative law (Collection of Judgements of the Swiss Federal Tribunal (AFT 110,1 (/>), 257, para. 1), it must first be considered whether that legal recourse is available to the appellant. (c) An appeal under administrative law is admissible against final decisions which were rendered by cantonal authorities (art. 98 (g), OJ) and which are based on federal public law (art. 5, Federal Act of Judicial Organization of 16 December 1943 (PA), or which should have been so based (AFT 101,1 (b), 380). In the present case, the decision of the Council of State was indeed a final decision at the cantonal level, in accordance with article 4 of the Act for the implementation in the canton of Geneva of the Federal Act on the Stay and Establishment of Aliens, dated 21 February 1934; moreover, since the case is one of expulsion pursuant to article 10, paragraph 1 (b), and article 11, paragraph 3, of the LSEE and of article 16, paragraph 3, of the RSEE, the conditions for inadmissibility which are provided for under article 100 (b) of the OJ with regard to the policing of aliens are not fulfilled (AFT 103,1 (b), 374, para. 2,97, 1 63). Whether the Council of State was competent to take the contested measure on the basis of these provisions is in fact a question of substance and not a question of admissibility. (d) Since the appellant — who wishes to live and work in Geneva — was personally affected by the decision being challenged, she has an interest, deserv- ing of protection within the meaning of article 103 (a) of the OJ, in the annulment or modification of that decision. Apart from this, the appeal under administrative law lodged by the appellant satisfies the other conditions of articles 97 et seq. of the OJ; it is therefore admissible, which means that the appeal under public law is inadmissible (art. 84, para. 2, OJ).

254 2. The appellant maintains, first of all, that the decision to expel her was rendered by an incompetent authority. (a) According to article 25, paragraph 1 (/), of the LSEE, the Federal Council is authorized to establish special treatment to be applied, within the area of the policing of aliens, to the representatives of foreign States or to the members of international agencies. Since the Federal Council has not made use of this power, it must be concluded that it wished to subject international civil servants to the ordinary regime, except as provided in treaties. At the time when the decision to expel the appellant was rendered, she was a staff member at the United Nations. Since she was not assimilated to diplomatic agent within the meaning of article V, section 16, of the Interim Arrangement on Privileges and Immunities of the United Nations (Systematic Collection of Federal Law (RS) 0.192.120.1), her status was governed by art. V, sect. 15, of that Arrangement. Accordingly, she could not invoke her limited immunity from legal process (art. V, sect. 15 (a)), since she was not summoned before a tribunal to answer for acts performed in her official capacity. With regard to her residence in Switzerland, however, she does enjoy a special status within the limited context of article V, section 15 (d), of the Arrangement. That provision states in fact that United Nations officials, together with their spouses and relatives dependent on them, are immune from immigration restrictions and alien registration. Unlike article 46, paragraph 1, of the Vienna Convention on Consular Relations (RS 0.191.02), the Arrangement does not even specify that they are exempt from the provisions relating to residence permits. It follows, however, from the practice of the Federal Department of Foreign Affairs that dispensing with the formalities for registration is interpreted as exemption from the residence permit. Nevertheless, it cannot be concluded from that usage that United Nations staff members cannot be expelled pursuant to article 10 of the LSEE if the measure concerned is unrelated to the provisions limiting the number of foreign workers or to registration requirements. (b) It is true that some headquarters agreements provide that the expulsion of international civil servants is subject to a special procedure requiring the consent of the Ministry of Foreign Affairs and consultation with the organization (Philippe Cahier, thesis, Geneva, 1959, p. 302). However, inasmuch as the headquarters agreements concluded by Switzerland do not contain such a provision (Philippe Cahier, op. cit., p. 303), it must be concluded that our country has wanted to subject international civil servants to ordinary law, at least when they are not assimilated to diplomatic agents. Moreover, it is generally accepted that it is important to the State of residence to be recognized as fully competent to ensure good order in its territory, except in the case of an explicitly agreed derogation (Christian Dominicé, "La détermination du domicile des fonctionnaires internationaux", Third Juridical Seminar, Geneva, 1964, p. 124). In the absence of any provision of federal law — including international agreements concluded by Switzerland — which could exempt the person concerned from the risk of expulsion or which enables her to benefit from a special procedure, the appellant remains subject to ordinary law. (c) Furthermore, it is beyond doubt that in the Canton of Geneva, the Department of Justice and Police is the cantonal authority for the policing of aliens within the meaning of article 15 of the LSEE (art. 1 of the Act for the implementation in the Canton of Geneva of the LSEE). In particular, it rules on

255 expulsions (art. 3 of the Act), and its decisions can be challenged before the Council of State (art. 4, para. 1, of the Act; ATF 991 (a) 323, para. (b)). Therefore the Geneva authorities were in fact competent to rule. As to whether, in the light of the relations existing between the Confederation and international organizations, it is desirable for a cantonal authority to expel a person without prior discussion with the organization concerned, that question is beyond the Federal Tribunal's power to consider (art. 104 (c), OJ).

4. With regard to substance, the appellant claims violation of personal freedom and of the prohibition of arbitrary action. These claims are, however, directly linked to the question whether or not the cantonal authority applied federal law correctly in confirming the contested measure of expulsion (art. 104 (a) and art. 114, para. 1,OJ). (a) According to article 10, paragraph 1 (b), of the LSEE, an alien may be expelled from Switzerland when his general behaviour and his actions give reason to conclude that he is unwilling or unable to adapt to the established order in the country which offers him hospitality. Article 16, paragraph 2, of the RSEE cites as examples some cases in which the aforementioned conditions are fulfilled. An expulsion judgement will, however, be rendered only if it seems appropriate to all of the circumstances (art. 11, para. 3, LSEE); in order to judge the matter, the authority must take account, in particular, of the gravity of the offence committed by the alien, the duration of the alien's residence in Switzerland and the harm which the alien and his family would suffer as a result of the expulsion (art. 16, para. 3, RSEE). The cantonal authorities are, in principle, competent to examine the question of the desirability of the expulsion order and to make a comparison of the interests involved. Therefore, within the context of the appeal under administrative law now before it, the Federal Tribunal will not disagree with the opinion of the cantonal authorities unless there are pressing reasons to do so; it will intervene only in cases in which the evaluative power has been exceeded or abused (art. 1 (a), OJ; AFT, 105 I (b) 169, para. 6 (a), 98 I (b) 3, item 1). (b) (Examining the circumstances of the case at hand, the Federal Tribunal arrives at the conclusion that there has been no violation of federal law, and no exceeding or abuse of the evaluative power.) (c) In the last document she submitted, the appellant is essentially challenging the manner in which the expulsion was carried out. On that question, there is certainly reason to doubt that the cantonal authority respected all of the appellant's rights, in particular, article 16, paragraph 8, of the RSEE, which prescribes that the Canton must grant the alien an appropriate period of time to leave Switzerland unless, by way of exception, it is essential that he should depart at once. However, the questions involved relate to the execution of the expulsion measure, on which the Federal Tribunal has no reason to rule, since by virtue of article 101 (c) of the OJ, an appeal under administrative law is not admissible against measures relating to the execution of decisions. In any case, even in the context of an appeal under public law which is based on article 4 of the Constitution, the appellant could complain only against final decisions rendered at the cantonal level (art. 87, OJ).

256 Those of the appellant's complaints which are manifestly unrelated to the decision being challenged are therefore not admissible. For these reasons, the Federal Tribunal: 1. Declares that the appeal under public law is not admissible...

NOTES

'Published in the journal La Semaine judiciaire, vol. 109, 1987, pp. 517-524. Translation prepared by the Secretariat of the United Nations.

257

Part Four

BIBLIOGRAPHY

LEGAL BIBLIOGRAPHY OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZATIONS

A. INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL LAW IN GENERAL 1. General 2. Particular questions B. UNITED NATIONS 1. General 2. Particular organs 3. Particular questions or activities

C. INTERGOVERNMENTAL ORGANIZATIONS RELATED TO THE UNITED NATIONS

261

A. INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL LAW IN GENERAL 1. General

Abi-Saab, Georges. La coutume dans tous des états ou le dilemme du droit développement du international général dans un monde éclaté. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré. 1987). v. 1, p. 53-65. Includes bibliographical references. Akehurst, Michael Barton. A modern introduction to international law. 6th ed. (London and Boston, Allen and Unwin, 1987). 315 p. Includes bibliographical references and index. Anand, Ram Prakash. Attitude of the Asian-African states toward certain problems of international law. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 5-22. Includes bibliographical references. Avakov, Mirza Mosesovich. Glavniiat imperativ na epokhata, novoto mislene i mezhdunarodnoto pravo. Pravna mis"I 31 (2) 1987:15-26. Includes bibliographical references. Azud, Jan. Nové myslenie v medzinarodnych vztahoch a dalsf rozvoj medzinârodného prâva. Prâvny obzor 70(7) 1987:537-547. Includes bibliographical references. Bélanger, Michel. Institutions économiques internationales. 3. éd. (Paris, Economica, 1987). 180 p. Bibliography: p. 165-171. Bierzanek, Remigiusz. Miekkie prawo miedzynarodowe. Sprawy miedzynarodowe 40(1) stycz. 1987:91-106. Includes bibliographical references. Bishop, William W. The role of international law in a peaceful world. In: Public international law and the future world order (Littleton, Colo., F.B. Rothman, 1987). Includes bibliographical references. Brownlie, Ian. Problems concerning the unity of international law. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. l,p. 153-162. Includes bibliographical references. Caldera, Rafael. The juridical basis of a new international order (conference held on 8 July 1986). Recueil des cours (Hague Academy of International Law, vol. 196, 1986:385-400. Concerns social justice. La Carta de la OEA y su reforma por el Protocole de Cartagena de Indias. Anuario juridico interamericano 1985:113-171. Combacau, Jean. Droit international public (Paris, Presses universitaires de France, 1987). 250 p. maps. Conforti, Benedetto. Diritto internazionale. 3d. ed. (Naples, Editoriale scientifica, 1987). 432 p. Includes bibliographies and index.

263 Denisov, V. Nove politichne mislennia i mizhnarodne pravo. Radians' ke pravo. No. 11, 1987:14-18. Includes bibliographical references. Detter Delupis, Ingrid. The concept of international law (Stockholm, Norstedts Fôrlag, 1987). 145 p. Bibliography: p. 137-145. Dreyfus, Simone. Droit des relations internationales: éléments de droit international public. 3e éd. rev. et complétée (Paris, Cujas, 1987). 490 p. ill., maps. Includes bibliographical references and index. Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago/ International law at the time of its codification: essays in honour of Roberto Ago (Milan: Giuffré, 1987) 4 v. ill. Text in English, French or Italian. Bibliography of Roberto Ago: p. xv-xix. Includes bibliographical references. Ergec, Rusen. Le droit international et les conflits au sein de l'Etat fédéral. Revue de droit international et de droit comparé 64(4) 1987:333-366. Includes bibliographical references. Flory, Maurice. Adapting international law to the development of the Third World. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 801-810. Includes bibliographical references. Henkin, Louis. International law: cases and materials. 2nd ed. (St. Paul, Minn., West Pub. Co., 1987). 1517 p. Includes bibliographical references and index. Herdegen, Matthias. Bemerkungen zur Zwangsliquidation und zum Haftungsdurchgriff bei internationalen Orzanisationen. Zeitschrift fur auslàndisches ôffentiches Recht und Vôlkerrecht 47(3) 1987:537-558. Summary in English. Includes bibliographical references. Higgins, Rosalyn. Contending systems of a world public order and international law: an overview. Atlantic Community quarterly 25(2) summer 1987:145-159. Includes biliographical references. Ignatenko, G. V. Novye tendentsii v mezhdunarodnom normotvorchestve. Sovetskii ezhegodnik mezhdunarodnogo prava 1986: 32-46. Summary in English. Includes bibliographical references. Jennings, Robert Y. Universal international law in a multicultural world. In: Liber amicorumfor the Rt. Hon. Lord Wilberforce (Oxford, Clarendon Press, 1987). p. 39-51. Includes bibliographical references. Kennedy, David. International legal structures (Baden-Baden, Nomos Verlagsgesellschaft, 1987). 294-p. Includes bibliographical references. The sources of international law. The American University journal of international law and policy 2( 1 ) 1987:1 -96. Kwakwa, Edward. Emerging international development law and traditional international law: congruence or cleavage? Georgia journal of international and comparative law 17(3) winter 1987:431-455. Includes bibliographical references.

264 Leben, Charles. Une nouvelle controverse sur le positivisme en droit international public. Droits 5 1987:121-130. Lukashuk, Igor' Ivanovich. Novoe v osushchestvlenii norm mezhdunarodnogo prava. Sovetskii ezhegodnik mezhdunarodnogo prava 1986:46-65. Summary in English. Includes bibliographical references. Malekian, Farhad. The system of international law: formation, treaties, responsibility. (Uppsala, Uppsala University, 1987). 232 p. Bibliography: p. 180-188. Includes index. Maryan Green, N.A. International law. 3rd ed. (London, Pitman, 1987). 333 p. Bibliography: p. 316-317. Includes index. McWhinney, Edward. "Classical" sources, and the international law-making process of contemporary international law. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 341-353. Includes bibliographical references. Movchan, Anatolii Petrovich. The concept and meaning of modern international law and order. Co-existence: a review of East-West and development issues 24(1/2) 1987: 123-134. Includes bibliographical references. Nascimento e Silva, Geraldo Eulalio do. Treaties as evidence of customary international law. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 387-397. Includes bibliographical references. Nastase, Adrian. Le droit à la paix dans le contexte du développement du droit international contemporain. Revue roumaine des sciences sociales. Série des sciences juridiques 31(1) janv./juin 1987:75-79. Includes bibliographical references. Olmstead, Cecil J. Lord Wilberforce and international law. In: Liber amicorum for the Rt. Hon. Lord Wilberforce (Oxford, Clarendon Press, 1987). p. 77-89. Includes bibliographical references. Park, No-hyoung. The Third World as an international legal system. Boston College Third World law journal 7(1) winter 1987:37-60. Includes bibliographical references. Pashovski, Slavi. Pravno-politcheska s"shtnost na mezhdunarodnite nepravitelstveni organizatsii. Pravna mis"l 31(1) 1987:5-17. Includes bibliographical references.- - Problème des Vôlkerrechts (Berlin, Akademie-Verlag, 1987). 360 p. Text in English. German or Russian. Includes bibliographical references. Public international law and the future world order: liber amicorum in honor of A.J. Thomas, Jr. (Littleton, Colo, Rothman, 1987). 583 p. Includes bibliographical references. Qureshi, Asif H. The freedom of a State to legislate in fiscal matters under general international law. Bulletin for international fiscal documentation 41(1) Jan. 1987:14-21. Includes bibliographical references. Reuter, Paul. Traités et transactions: réflexions sur l'identification de certains engagements conventionnels. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan: Giuffré, 1987). v. 1, p. 399-415. Includes bibliographical references.

265 Rousseau, Charles. Droit international public. 1 le éd. (Paris, Dalloz, 1987). 495 p. Includes bibliographical references and index. Sahovic, Milan. Rapports entre facteurs matériels et facteurs formels dans la formation du droit international. Recueil des cours (Hague Academy of International Law), vol. 199, 1986:171-232. Bibliography: p. 232. Schwob, Jacques. Les organes intégrés de caractère bureaucratique dans les organisations internationales: essai de typologie des organes "administratifs" et "execu- tives" des organisations internationales (Bruxelles, Bruylant, 1987). 398 p. Bibliography: p. 365-382. Includes index. Sinha, S. Prakash. Perspective of the newly independent states on the binding quality of international law. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 23-31. Includes bibliographical references. Szasz, Paul C. The United Nations legislates to limit its liability. American journal of international law 81(3) July 1987:739-744. Includes bibliographical references. Third World attitudes towards international law: an introduction (Dordrecht and Boston, Nijhoff, 1987). 850 p. Includes bibliographies. Vel'iaminov, Georgii Mikhailovich. Mezhdunarodnaia pravosub"ektnost'. Sovetskii ezhegodnik mezhdunarodnogo prava 1986:77-97. Summary in English. Includes bibliographical references.

2. Particular questions

Anand, Ram Prakash. Confrontation or cooperation? International law and the developing countries (Dordrecht and Boston, 1987). 274 p. Includes bibliographical references and index. Detter Delupis, Ingrid. International law and the independent State. 2nd ed. (Aldershot, England; and Brookfield, Vermont, Gower, 1987). 252 p. Includes bibliographical references and indexes. Forwein, Jochen Abraham. Collective enforcement of international obligations. Zeitschrift fur auslândisches ôffentliches Recht und Vôlkerrecht 47(1) 1987:67-79. International law and the international system. Co-existence: a review of East-West and development issues 24(1/2) 1987:183 p. Special issue. Includes bibliographical references. Jennings, R.Y. Equity and equitable principles. Schweizerisches Jahrbuch fur internationales Recht, vol. 42, 1986:27-38. Includes bibliographical references. Kahn, Paul W. From Nuremberg to The Hague: the United States position in Nicaragua v. United States and the development of international law. Yale journal of international law 12(1) winter 1987:1-62. Includes bibliographical references.

266 Kovaleva, T.M. O vnutrennem prave mezhdunarodnykh organizatsii. Pravovedenie, No. 1 ianv./fevr. 1987:84-90. Includes bibliographical references. Summary in English. Lapidoth, Ruth Eschelbacher. Equity in international law. Israel law review 22(2) summer/autumn 1987:161-183. Includes bibliographical references. Nilsson, Ann-Sofie. Political uses of international law (Lund, Sweden, Dialogos, 1987). 181 p. ill. Bibliography: p. 165-181. Ott, David H. Public international law in the modern world (London, Pitman, 1987). 390 p. Includes bibliographies and index. Panebianco, Massimo. Le sanzioni economico-politiche delle organizzazioni internazionali regionali. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 3, p. 219-248. Includes bibliographical references. Pryles, Michael C. Reflections on the false conflict in the choice of law process. Sydney law review 11(2) March 1987:284-305. Includes bibliographical references. Radivojeviç, Zoran. Nacelo pacta sunt servanda u svetlosti feorije medunarodnog prava/ The principle pacta sunt servanda in the light of the theory of international law. Archiv za Pravne i Drustvene Nauke. 43(2) 1987:249-262. Summary in English. Ruegger, Paul. Nouvelles réflexions sur le rôle des procédures internationales d'enquête dans la solution des conflits internationaux. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 3, p. 327-361. Includes bibliographical references. Schwebel, Stephen M. On whether the breach by a State of a contract with an alien is a breach of international law. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 3, p. 401-413. Includes bibliographical references. Skubiszewski, Krzysztof. Rezolucje Zgromadzenie Ogolnego ONZ a powstawanie prawa zwyczajov ego/UN resolutions as a source of customary law. Acta universitatis Wratislaviensis 159(948) 1987:131-140. Stern, Brigitte. Quelques observations sur les règles internationales relatives à l'application extraterritoriale du droit. Annuaire français de droit international, vol. 32, 1986:7-52. Includes bibliographical references. Vassilakakis, Evangelos. Orientations méthodologiques d_ans les codifications récentes du droit international privé en Europe (Paris, Librairie générale de droit et de jurisprudence, 1987). 531 p. Bibliography: p. 497-516. Includes index. Vereshchetin, Vladlen Stepanovich. Cultural and ideological pluralism and international law. German yearbook of international law, vol. 29, 1986:56-67. Includes bibliographical references.

267 B. UNITED NATIONS

1. General

Batra, T.S. International institutions: the UN Charter and the International Court of Justice. 2nd éd., rev. and enl. (New Delhi, Bookhive, 1987). 472 p. Includes bibliographical references and index. Chemillier-Gendreau, Monique. La solution de la crise des Nations-Unies: application de la Charte plutôt que révision. Revue belge de droit international 20(1) 1987:28-40. Includes bibliographical references. Cohen, Maxwell. Technology, multiple fora and time-factor: the international legal response. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 219-230. Includes bibliographical references. Dimitrijevic, Vojin. Napomene o zakonodavnoj funkciji Ujedinjenih nacija. Medunarodni problemi 37(3/4) 1985:241-248. Doxey, Margaret Pamela. Rule observance and rule making: growing problems of authority and control for the United Nations. International journal 42(3) summer 1987:413-437. Includes bibliographical references. Franck, Thomas M. The prerogative powers of the Secretary-General. In: Public international law and the future world order (Littleton, Colo., Rothman, 1987). 20 p. Includes bibliographical references. Monaco, Riccardo. Dal coordinamento al controllo neH'ordinamento internazionale. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 355-372. Includes bibliographical references. Naucni skup posvecen cetrdesetogodisnjici Ujedinjenih nacija. Medunarodni problemi 37(3/4) 1985:179-326. Special issue. Pérez de Cuéllar, Javier. For a fuller use of UN potential. World Marxist review: problems of peace and socialism. 30(12) December 1987:5-7. Journal also available in French, Russian and Spanish. Ramcharan, Bertrand G. Keeping faith with the United Nations (Dordrecht and Boston, Nijhoff, New York, UNITAR, 1987). 354 p. Bibliography: p. 239-243. Schiavoni, Anna. Lo scontro Nord-Sud nella gestione délie agenzie dell'Onu. Politico internazionale 15(12) die. 1987:25-30. Includes bibliographical references. Seyersted, Finn. Binding authority for the United Nations and other international organizations in limited functional and territorial fields. Nordic journal of international law 56(3) 1987:198-204. Also available in Spanish in: Anuario argentine de derecho internacional vol. 3 1987/1989. Suy, Erik, Rôle et signification du consensus dans l'élaboration du droit international. In: le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 521-542. Includes bibliographical references.

268 Tomuschat, Christian. Die Krise der Vereinten Nationen. Europa Archiv 42(4), 25 February 1987:97-106. Includes bibliographical references. Wolf, Francis. Nécessité croissante des normes internationales. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 553-563. Includes bibliographical references. Woroniecki, Jan. Propozycje reformy ONZ. Sprawy miedzynarodowe 40(4) kwiec. 1987:99-116. Includes bibliographical references.

2. Particular organs

General Assembly Dauchy, Jacqueline. Travaux de la Commission juridique de l'Assemblée générale des Nations-Unies (41e session). Annuaire français de droit international, vol. 32, 1986:528-557. Includes bibliographical references. Higgins, Rosalyn. The role of resolutions of international organisations in the process of creating norms in the international system. Co-existence: a review of East-West and development issues 24(1/2) 1987:21-30. Includes bibliographical references. Kiwanuka, Richard N. The thirteenth UN General Assembly special session: lessons for Africa. Journal of world trade law 21(2) April 1987:65-78. Includes bibliographical references. Knezevic, Vesna. Pregled rezolucija Generalne skupstine Ujedinjenih nacija u razdoblju od 1945 g. do 1984 g. Medunarodni problemi 37(3/4) 1985:249-266. Kourula, Erkki. Review of the work of the Sixth Committee of the 41st General Assembly of the United Nations. Kansainoikeus ius gentium No. 1/2,1987:209-223. Lukashuk, Igor' Ivanovich. Recommendations of international organisations in the international normative system. Co-existence: a review of East-West and development issues 24(1/2) 1987:31-45. Makarevich, M. Pravovi problemy, vyrishuvani General'noiu Asambleieiu OON. Radians'ke pravo. No. 10, 1987:74-78. Includes bibliographical references. Marin-Bosch, Miguel. How nations vote in the General Assembly of the United Nations. International organization 41(4) autumn 1987:705-724. Includes bibliographical references and tables. Miga Besteliu, Raluca. Some remarks concerning reservations to the decisions of international organizations, with special reference to the decisions adopted by consensus within the United Nations. Revue roumaine d'études internationales 21(5) 21 Sept./Oct. 1987:443-449. Includes bibliographical references. Oleandrov, Vsevolod. International dialogue on building a secure world: result of the 41st session of the UN General Assembly. International affairs: a monthly journal of political analysis. No. 4, April 1987:12-20. Journal also available in French and Russian.

269 Potocny, Miroslav. Mezinârodneprâvni otâzky na 41. zasedâni Valného shromâzdeni OSN. Prâvnik 126(11) 1987:1048-1053. Includes bibliographical references. Skubiszewski, Krzysztof. Resolutions of the U. N. General Assembly and evidence of custom. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987) v. 1, p. 503-519. Includes bibliographical references. Stultz, Newell Maynard. The apartheid issue at the General Assembly: stalemate or gathering storm? African affairs 86(342) January 1987:25-45. Includes bibliographical references. Tunkin, Grigorii Ivanovich. The role of resolutions of international organisations in creating norms of international law. Co-existence: a review of East-West and development issues 24(1/2) 1987:5-19. Concerns the General Assembly. Includes bibliographical references.

International Court of Justice Almond, Harry H. The Military Activities Case: new perspectives on the International Court of Justice and global public order. International lawyer 21(1) winter 1987: 195-209. Concerns the Nicaragua situation. Includes bibliographical references. Anand, Ram Prakash. Attitude of the "new" Asian-African countries toward the International Court of Justice. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff 1987), p. 163-177. Includes bibliographical references. Appraisals of the Id's decision: Nicaragua v. United States (merits). American journal of international law 81(1) January: 1987:77-183. Series of articles. Includes bibliographical references. Arangio-Ruiz, Gaetano. Notes on non-appearance before the International Court of Justice. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 3, p. 3-48. Includes bibliographical references. Becerra Ramirez, Manuel. El papel de la Corte International de Justicia en la solucion pacifica de controversias (el caso de Nicaragua vs. los Estador Unidos). Boletîn mexicano de derecho comparado 20(60) septiembre/diciembre 1987:839-855. Includes bibliographical references. Bedjaoui, Mohammed. Remarques sur la création de Chambres ad hoc au sein de la Cour internationale de justice. In: Société française pour le droit international. Colloque (20th, 1986, Lyon, France). (Paris, Editions A. Pedone, 1987). p. 73-78. Brown, Colton. Enforcement of ICJ decisions in United States courts. Maryland journal of international law and trade 11(1) spring 1987:73-92. Includes bibliographical references. Casado Raigon, Rafael. El enfoque jurisprudencial de los Articules 36, parâgrafo 5, y 37 del Estatuto de la Corte International de Justicia. Revista espanola de derecho international 39(1) enero/junio 1987:23-44. Summary in English. Includes bibliographical references. La jurisdicciôn conîenciosa de la Corte Internacional de Justicia: estudio de las reglas de su competencia (Côrdoba, Espana, Universidad de Cordoba, 1987). 190 p. Bibliography: p. 171-183.

270 Chamey, Jonathan I. Compromissory clauses and the jurisdiction of the International Court of Justice. American journal of international law 81(4) October 1987: 855-887. Includes bibliographical references. Colliard, Claude-Albert. La non-comparution. In: Société française pour le droit international. Colloque (20th, 1986, Lyon, France). (Paris, Editions A. Pedone, 1987). p. 167-190. Includes bibliographical references. Principes et règles de droit international applicables en matière de délimitation maritime: analyse de la "jurisprudence" de la Cour internationale de justice. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milano, Giuffré, 1987). v. 2, p. 87-105. Includes bibliographical references. Condorelli, Luigi. L'autorité de la décision des juridictions internationales permanentes. In: Société française pour le droit international. Colloque (20th, 1986, Lyon, France). (Paris, Editions A. Pedone, 1987). p. 277-313. Includes bibliographical references. Coussirat-Coustère, Vincent. La procédure devant les juridictions internationales permanentes. In: Société française pour le droit international. Colloque (20th, 1986, Lyon, France). (Paris, Editions A. Pedone, 1987). p. 103-165. Includes bibliographical references. Decaux, Emmanuel. L'arrêt de la Chambre de la Cour internationale de justice dans l'affaire du différend frontalier (Burkina Faso/République du Mali): arrêt du 22 décembre 1986. Annuaire français de droit international, vol. 32, 1986:215-238. Includes bibliographical references. La juridiction international permanente: l'intervention. In: Société française pour le droit international. Colloque (20th, 1986, Lyon, France). (Paris, Editions A. Pedone, 1987). p. 219-255. Includes bibliographical references. Delupis, Ingrid. The légal value of recommendations of international organisations. Co-existence: a review of East-West and development issues 24(1/2) 1987:47-65 Includes bibliographical references. Eismann, Pierre Michel. L'arrêt de la C.I.J. du 27 juin 1986 (fond) dans l'affaire des activités militaires et paramilitaires au Nicaragua et contre celui-ci. Annuaire français de droit international vol. 32, 1986:153-191. Includes bibliographical references. Gautron, Jean-Claude. Création d'une chambre au sein de la Cour internationale de justice, mesures conservatoires et médiation dans le différend frontalier entre le Burkina Faso et le Mali: ordonnance du 10 janvier 1986. Annuaire français de droit international vol. 32 1986:192-214. Includes bibliographical references. Grasern, Lambert. Verfahrensboykott vor dem Internationalen Gerichtshof: Sachverhaltsermittlung und Beweiswiirdigung. Archiv des Vôlkerrechts 25(4) 1987:460-483. Guillaume, Gilbert. La juridiction internationale permanente: preuves et mesures d'instruction. In: Société française pour le droit international. Colloque (20th, 1986, Lyon, France). (Paris, Editions A. Pedone, 1987). p. 191-218. Includes bibliographical references.

271 Highet, Keith. Evidence, the Court, and the Nicaragua case. American Journal of international law 81(1) January 1987:1-56. Includes bibliographical references. Reflections on jurisprudence for the Third World: the World Court, the big case, and the future. Virginia journal of international law 27(2) winter 1987: 287-304. Review essay. Includes bibliographical references. Hodge, Marc H. A proposal for the second use of the International Court of Justice chamber mechanism. Emory journal of international dispute resolution 1(2) spring 1987:239-256. Concerns dispute settlement of cultural property. Includes bibliographical references. Hohmann, Harald. Compulsory jurisdiction and the use of force as a legal issue: the epoch-making judgment of the International Court of Justice in Nicaragua v. United States of America. Netherlands international law review 34(2) 1987:162- 191. Includes bibliographical references. The International Court of Justice at a crossroads (Dobbs Ferry, N.Y., Transnational Publishers, 1987). Slip. ill. Includes bibliographical references and index. Kelly, J. Patrick. The International Court of Justice: crisis and reformation. Yale journal of international law 12(2) summer 1987:342-374. Includes bibliographical references. Lachs, Manfred. A few thoughts on the independence of judges of the International Court of Justice. Columbia journal of transnational law 25(3) 1987:593-600. Includes bibliographical references. Macdonald, Ronald St. John. The Nicaragua case: new answers to old questions? Canadian yearbook of international law vol. 24 1986: 127-160. Summary in French. Includes bibliographical references. Mavungu, Mvumbi-di-Ngoma. La contribution de la Cour internationale de justice au règlement pacifique des différends touchant les Etats africains. (Geneva, Institut universitaire de hautes études internationales, 1987). 376 p. ill., maps. Bibliography: p. 331-351. McDorman, Ted L. The Libya-Malta case: opposite States confront the Court. Canadian yearbook of international law, vol. 24, 1986:335-367. Summary in French. Includes bibliographical references. McWhinney, Edward. The International Court of Justice and the western tradition of international law: the Paul Martin lectures in international relations and law (Dordrecht and Boston, Nijhoff, 1987). 158 p. Includes bibliographical references and index. Merrills, J.G. The role and limits of international adjudication. Co-existence: a review of East-West and development issues 24(1/2) 1987:169-181. Includes bibliographical references. Morelli, Gaetano. Sulla nozione di sentenza internationale dichiarativa. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 3, p. 209-217. Includes bibliographical references.

272 Norton, Patrick M. The Nicaragua case: political questions before the International Court of Justice. Virginia journal of international law 27(3) spring 1987:459-526. Includes bibliographical references. Oellers-Frahm, Karin. Die obligatorische Gerichtsbarkeit des Internationalen Gerichtshofs: Anmerkungen anlasslich der Zustandigkeitsentscheidung im Fall Nicaragua gegen USA. Zeitschrift fur auslàndisches ôffentliches Recht und Vôlkerrecht 47(2) 1987:243-264. Summary in English. Includes bibliographical references. Oliver, Covey T. The World Court and world order: today and what of tomorrow? In: Public international law and the future world order (Littleton, Colo., Rothman, 1987). Includes bibliographical references. Ostrihansky, Rudolf. Izby Miedzynarodowego Trybunalu Sprawiedliwosci. Sprawy miedzynarodowe 40(7/8) lip/sierp. 1987:151-161. Includes bibliographical references. Pescatore, Pierre. Les mesures conservatoires et les référés. In: Société française pour le droit international. Colloque (20th, 1986, Lyons, France). (Paris, Editions A. Pedone, 1987). p. 315-362. Includes bibliographical references. Philip, Christian. Nature et évolution de la juridiction internationale. In: Société française pour le droit international. Colloque (20th, 1986, Lyon, France). (Paris, Editions A. Pedone, 1987). p. 3-43. Includes bibliographical references. Phillepich, Alain. Les chambres. In: Société française pour le droit international. Colloque (20th, 1986, Lyon, France). (Paris, Editions A. Pedone, 1987). p. 45-72. Includes bibliographical references. Qadeer, Anwar I. The International Court of Justice: a proposal to amend its statute. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 179-195. Includes bibliographical references. Rasmussen, Hjalte. Le juge international en évitant de statuer obéit-il à un devoir judiciaire fondamental? In: Société française pour le droit international. Colloque (20th, 1986, Lyon, France). (Paris, Editions A. Pedone, 1987). p. 383-407. Also issued as an article, available in: German yearbook of international law vol. 29, 1986. Includes bibliographical references. Reisman, M. Dissemination of information by international organisations: reflections on law and policy in the light of recent developments. Victoria University of Wellington law review, vol. 17, February 1987:53-70. Rosenne, Shabtai. Publications of the International Court of Justice. American journal of international law 81(3) July 1987:681-696. Includes bibliographical references. The role of the International Court of Justice in inter-State relations today. Re vue belge de droit international 20(2) 1987:275-289. Includes bibliographical references. Some reflections on intervention in the International Court of Justice. Netherlands international law review 34(1) 1987:75-90. Includes bibliographical references.

273 Schwebel, Stephen M. Ad hoc chambers of the International Court of Justice. American journal of international law 81(4) October 1987:831-854. Includes bibliographical references. Scott, Gary L. The ICJ and compulsory jurisdiction: the case for closing the clause. American journal of international law 81(1) January 1987:57-76. Includes bibliographical references. Should the United States reconsider its acceptance of World Court jurisdiction? Proceedings (American Society of International Law. Meeting) 79th, 1985:95-109. Contains remarks and discussion. Strydom, H.A. The Nicaragua/United States dispute before the International Court of Justice. South African yearbook of international law, vol. 12, 1986/1987:121-131. Includes bibliographical references. Tanzi, Attila. Diritto di veto ed esecuzione délia sentenza délia Corte intemazionale di giustizia tra Nicaragua e Stati Uniti. Rivista di diritto internazionale 70(2) 1987: 293-308. Includes bibliographical references. Torres Bemardez, Santiago. A propos de l'interprétation et de la révision des arrêts de la Cour internationale de justice. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 3, p. 443-496. Includes bibliographical references. Turner, Robert F. Peace and the World Court: a comment on the paramilitary activities case. Vanderbilt journal of transnational law 20(1) January 1987:53-79. Concerns the United States and Nicaragua. Includes bibliographical references. Verhoeven, Joe. Le droit, le juge et la violence: les arrêts Nicaragua c. Etats-Unis. Revue générale de droit international public 91(4) 1987:1159-1239. Includes bibliographical references. Villiger, Mark E. Die Billigkeit im Vôlkerrecht: Neuere Entwicklungen in der Rechtsprechung und der Staatenpraxis. Archivdes Vôlkerrechts 25(2) 1987:174-201. Includes bibliographical references.

Regional commissions Garba, Mohammed A. Le Commission! regional! nella politica dell'Onu. Politico internazionale 15(5) magg. 1987:11-24. Includes bibliographical references. Hodara, Joseph. Origenes de la CEPAL. Comercio exterior (Banco Nacional de Comercio Exterior (Mexico)) 37(5) mayo 1987:383-391.

Secretariat Gomel, Dieter. Arbeitswelt Vereinte Nationen: Berufsbild und deutsche personelle Beteiligung. Vereinte Nationen 35(2) April 1987:55-62. Includes bibliographical references. Schwob, Jacques. Tribunal administratif des Nations Unies. Annuaire français de droit internatioal vol. 32, 1986:345-370. Includes bibliographical references Westas, Bo. Generalsekreteraren i Fôrenta nationerna: begrànsningar och mojligheter (Uppsala: Institutionen for freds- och konfliktforskning, Uppsala universitet, 1987). 64p. Bibliography: p. 56-58.

274 Security Council Benvenuti, Paolo. Il Consiglio de sicurezza e i limiti strutturali dell'ONU. Politico internazionale 15(6/7) giugno/luglio 1987:27-33. Honsowitz, Herbert. Markt und Makler der Interessen: Sicherheitsrat und Generalsekretar: Versuche zur Beilegung des Golfkriegs. Vereinte Nationen 35(1) February 1987:6-10. Macht und Ohnmacht der Vereinten Nationen: zur Rolle der Weltorganisation in Drittwelt- Konflikten (Munich, Weltforum Verlag, 1987). 243 p. Includes bibliographies. The United Nations and the Iran-Iraq war (New York, Ford Foundation, 1987). 39 p.

United Nations Forces Dimitrijevic, Nebojsa. UN peacekeeping operations. Review of international affairs. 38(898) 5 September 1987:15-18. Journal also available in French, Russian and Spanish. Gaffen, Fred. In the eye of the storm: a history of Canadian peacekeeping (Toronto, Deneau & Wayne, 1987). 302 p. Bibliography, p. 288-296. Includes index. Kozai, Shigeru. Guidelines for the UN peace-keeping operations. Journal of international law and diplomacy 86(1) April 1987:1-44. In Japanese. Summary in English. Pollack, Samuel. Self-doubts on approaching forty: the United Nations' oldest and only collective security enforcement army, the United Nations command in Korea. Dickinson journal of international law 6(1) fall 1987:1-24. Thakur, Ramesh Chandra. International peacekeeping, UN authority, and US power. Alternatives: social transformation and humane governance 12(4) October 1987:461-492. Includes bibliographical references.

3. Particular questions or activities

Collective security Bello-Fadile, Ralph Sixtus Babatunde. The role of the United Nations in conflict management (Zaria, Nigeria, Ahmadu Bello University, 1987). 423 p. (Ph.D. thesis, 1987). Bibliography: p. 370-387. Bolintineanu, Alexandra. Ukreplenie roli osnovnykh printsipov mezhdunarodnogo prava v ramkakh vseob"emliushchei sistemy mezhdunarodnoi bezopasnosti. Revue roumaine d'études internationales 21(3) mai/juin 1987:233-236. Includes bibliographical references. Fedorov, Vladimir Nikolaevich. The UN and a comprehensive international security system. International affairs: a monthly journal of political analysis, No. 9, September 1987:90-95. Journal also available in French and Russian. Hulinsky, Ilja. Komplexni system mezinârodni bezpecnosti. Mezinârodni vztahy 22(5) 1987:2-9. Summaries in English and Russian. Lukashuk, Igor' Ivanovich. Zasada pokojowego wspolistnienia. Sprawy miedzynarodowe 40(6)czerw. 1987:17-36. Includes bibliographical references.

275 Malinin, Sergei Aleksandrovich. Kontseptsiia vseob "emliushchei sistemy mezhdunarodnoi bezopasnosti i mezhdunarodnoe pravo. Pravovedenie No. 4 iiul'Vavg. 1987:16-25. Summary in English. Includes bibliographical references. Skakunov, E.I. Vseob"emliushchaia bezopasnot': model' perestroiki mezhdunarodnykh otnoshenii. Sovetskoe gosudarstvo pravo, No. 5 mai 1987:102-111. Summary in English. Includes bibliographical references.

Commercial arbitration Arkin, Harry L. International ad hoc arbitration: a practical alternative. International business lawyer 15(1) January 1987:5-12. Includes bibliographical references. Asante, Samuel Kwadwo Boaten. International law and investments. In: Essays on international law: thirtieth anniversary commemorative volume (New Delhi, Secretariat of the Asian-African Legal Consultative Committee, 1987). p. 42-75. Includes bibliographical references. Ball, Markham. Structuring the arbitration in advance: the arbitration clause in an international development agreement. In: Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 297-312. Includes bibliographical references. Bernardini, Piero. L'Arbitrate internazionale (Milan, Giuffre, 1987). 304 p. Text in Italian or English. Includes bibliographical references. Bernini, Giorgio. The enforcement of arbitral awards against a State: the problem of immunity from execution. In: Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 359-373. Includes bibliographical references. Bockstiegel, Karl-Heinz. States in the international arbitral process. In: Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 40-49. Includes bibliographical references. Booysen, H. The municipal enforcement of arbitration awards against States in terms of arbitration conventions, with special reference to the New York Convention: does international law provide for a municipal law concept of an arbitrable act of State? South African yearbook of international law vol. 12, 1986/1987:73-120. Includes bibliographical references. Broches, Aron. The 1985 UNCITRAL Model Law on International Commercial Arbitration an exercise in international legislation. Netherlands yearbook of international law vol. 18. 1987:3-67. Includes bibliographical references. Cahier, Philippe. The strengths and weaknesses of international arbitration involving a State as a party. In: Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 241-249. Includes bibliographical references. Carver, Jeremy P. The strengths and weaknesses of international arbitration involving a State as a party: practical implications. In: Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 264-272. Includes bibliographical references. Chatterjee, Syamal Kumar. The Djibouti Code of International Arbitration. Journal of international arbitration 4(1) March 1987:57-67. Includes bibliographical references.

276 Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). 380 p. Includes bibliographical references and index. Deshpande, V.S. How international arbitration can always prevail over litigation. Journal of international arbitration 4(4) December 1987:9-33. Fauver, Scribner K. Partnership claims before the Iran-United States Claims Tribunal. Virginia journal of international law 27(2) winter 1987:307-341. Includes bibliographical references. Fleischhauer, Carl-August. The contribution of UNCITRAL in the field of commercial arbitration. In: Essays on international law: thirtieth anniversary commemorative volume (New Delhi, Secretariat of the Asian-African Legal Consultative Committee, 1987). p. 16-27. Fouchard, Ph. La loi-type de la C.N.U.D.C.I. sur l'arbitrage commercial international. Journal du droit international 114(4)oct.-nov.-dec. 1987:861-900. Includes bibliographical references. Glossner, Ottoamdt. The conduct of ICC arbitration proceedings. In: Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 210-215. Includes bibliographical references. Herman, A.H. Disputes between states and foreign companies. In: Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 250-263. Includes bibliographical references. Herrmann, Gerold. The role of the courts under the UNCITRAL Model Law script. In: Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 164-187. Includes bibliographical references. Holtzmann, Howard M. International commercial dispute settlement: developments of a decade. In: Essays on international law: thirtieth anniversary commemorative volume (New Delhi, Secretariat of the Asian-African Legal Consultative Committee, 1987). p. 95-102. Includes bibliographical references. Jarvin, Sigvard. Multi-party arbitration: identifying the issues. New York Law School journal of international and comparative law 8(2) spring 1987:317-325. Includes bibliographical references. The sources and limits of the arbitrator's powers. In: Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 50-72. Includes bibliographical references. Kassis, Antoine. Problèmes de base de l'arbitrage: en droit comparé et en droit international (Paris, Librairie générale de droit et de jurisprudence, 1987). Includes bibliographical references and indexes. Kerr, Michael. Commercial dispute resolution: the changing scene. In: Liber amicorum for the Rt. Hon. Lord Wilberforce (Oxford, Clarendon Press, 1987). p. 111-130. Includes bibliographical references. Lalive, Pierre. Arbitration with foreign States or State-controlled entities: some practical questions. In: Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 289-296. Includes bibliographical references.

277 Lando, Ole. The law applicable to the merits of the dispute. In: Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 101-112. Includes bibliographical references. Lew, Julian D.M. Determination of arbitrators' jurisdiction and the public policy limitations on that jurisdiction. In: Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 73-85. Includes bibliographical references. Mitrovic, Dobrosav. Odvojeno misljenje arbitra. Jugoslovenska revija za medunarodno pravo 34(1/2) 1987:368-379. Summary in French. Includes bibliographical references. Parkinson, F. Some legal and institutional aspects of the debt crisis. Co-exisience: a review of East-West and development issues 24(1/2) 1987:155-168. Includes bibliographical references. Paulsson, Jan. The extent of independence of international arbitration from the law of the situs. In: Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 141-148. Includes bibliographical references. Third World participation in international investment arbitration. ICSID review 2(1) spring 1987:19-65. Includes bibliographical references. Pechota, Vratislav. International economic arbitration in the USSR and Eastern Europe. New York Law School journal of international and comparative law 8(3) fall 1987:377-400. Includes bibliographical references. Poznanski, Bernard G. The nature and extent of an arbitrator's powers in international commercial arbitration. Journal of international arbitration 4(3) September 1987: 71-108. Includes bibliographical references. Richard, Diana G. Enforcement of foreign arbitral awards under the United Nations convention of 1958: a survey of recent federal case law. Maryland journal of international law and trade 11(1) spring 1987:13-47. Concerns the United States. Includes bibliographical references. Ruiz del Rio, Oscar A. Arbitration clauses in international loans. Journal of international arbitration 4(3) September 1987:45-69. Includes bibliographical references. Sandrock, Otto. Dispute resolution in international business transactions. In: Public international law and the future world order (Littleton, Colo., Rothman, 1987). Includes bibliographical references. Sawada, Toshio. International commercial arbitration: practice of arbitral institutions in Japan. Japanese annual of international law, No. 30, 1987:69-88. Includes bibliographical references. Shenton, David W. Supplementary rules governing the presentation and reception of evidence in international commercial arbitration. In: Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 188-194. Includes bibliographical references.

278 Shihata, Ibrahim F.I. Factors influencing the flow of foreign investment. In: Essays on international law: thirtieth anniversary commemorative volume (New Delhi, Secretariat of the Asian-African Legal Consultative Committee, 1987). p. 76-94. Includes bibliographical references. Should investment in the Third World be internationally protected? : what role for the United Nations? Proceedings (American Society of International Law. Meeting) 79th, 1985, 378-394. Simmonds, Kenneth R. International arbitration between states and corporate entities: a cautionary note. In: Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 273-278. Includes bibliographical references. Public international arbitration. Texas international law journal 22(2/3) spring/summer 1987:149-168. Includes bibliographical references. Transnational arbitration and State contracts: selective bibliographyIL'arbitrage transnational et les contrats d'Etat: bibliographie sélective (The Hague, Centre for Studies and Research of the Hague Academy of International Law, 1987). 69 p. Velten, Rainer. Die Anwendung des Vôlkerrechts auf State Contracts in der internationalen Schiedsgerichtsbarkeit (Berlin (West), Duncker und Humblot, 1987). 180 p. Bibliography: p. 166-180. Includes index.

Consular relations Bederman, David J. Ambassadors and consuls: first amendment and international law. Virginia journal of international law. 27(2) 1987:339-431. Includes bibliographical references. Sawicki, Stefan. Immunitet jurysdykcyjny konsula w sprawach o wykroczenia. Wojskowy PrzegladPrawniczy&Kl) 1987:53-61. Konsul honorowy. Sprawy Miedz 40(6) 1987:117-126.

Diplomatic relations Cresti, Laura. II soggiorno negli Stati Uniti di personale délie missioni permanenti presse 1'O.N.U. Rivista di diritto internazionale 70(3/4) 1987:609-626. Includes bibliographical references. Jiirgens, Thomas. Diplomatischer Schutz und Staatenlose (Berlin (West), Duncker und Humblot, 1987). 241 p. Bibliography: p. 228-241. Mzioudet, Hareth. Le règlement des différends dans les conventions du droit diplomatique. Etudes internationales (Association des études internationales (Tunis)), No 24, octobre 1987:19-38. Includes bibliographical references. Pindic, Dimitrije. Procès razvoja savremenog diplomatskog prava. Jugoslovenska revija ia medunarodno pravo 34(1/2) 1987:263-277. Summary in English. Includes bibliographical references. Plantey, Alain. De la politique entre les états: principes de diplomatie (Paris, Editions A. Pedone, 1987). 416p. Includes index.

279 Sawicki, Stefan. Osoby kor/ystajace z ochrony miedzynarodowej na podstawie konwencji z 1973/Special international protection under the UN Convention of 1973. Nowe pravo 43(9) 1987:88-94. Tran, Van Dinh. Communication and diplomacy in a changing world (Norwood, N.J., Ablex, 1987). 185 p. Bibliography: p. 167-172. Includes indexes.

Disarmament Afskraekkelse: en studiefra FN (Kobenhavn, Del Sikkerheds- og Nedrustningspolitiske Udvalg, 1987). 250 p. Includes bibliographical references. Almond, Harry H. Nuclear weapons, nuclear strategy and law. Denver journal of international law and policy 15(2/3) winter/spring 1987:283-299. Includes bibliographical references. Bolintineau, Alexandra. International law and disarmament. Revue roumaine d'études internationales 21(1) janv./fevr. 1987:21-29. Includes bibliographical references. Boyle, Francis Anthony. Defending civil resistance under international law (Dobbs Ferry, N.Y., Transnational Publishers, 1987). 378 p. Bibliography: p. 361-369. Includes index. Calvo-Goller, Notburga K. The SALT agreements: content, application, verification (Dordrecht and Boston, Nijhoff, 1987). 428 p. Bibliography: p. 333-339. Includes index. Chayes, Abram. The future of the ABM Treaty. Arms control today. 17(1) January/ February 1987:2-4. Fyfe, Nigel. The South Pacific Nuclear Free Zone Treaty. Victoria University of Wellington law review (1) 1987:33-51. Gargiulo, Pietro. Le armi chimiche. Aspetti di diritto internazionale e disarmo. La comunita internazionale 52(2) seconde trimestre 1987:167-180. Part 1 in 12(1) 1987:9-33. Legal models of arms control: past, present, and future. Havard law review 100(6) April 1987:1326-1344. McFadden, Eric J. The Second Review Conference of the Biological Weapons Convention: one step forward, many more to go. Stanford journal of international law 24(1) fall 1987:85-109. Includes bibliographical references. Meredith, Pamela L. "Star wars" SDI: an international legal perspective. Nordic journal of international law 56(3) 1987:205-209. Includes bibliographical references. Meyers, Robert L. The war with words: the strategic defense initiative in light of the ABM treaty. New York Law School journal of international and comparative law 8(3) fall 1987:431-450. Includes bibliographical references. Meyrowitz, Elliott L. The opinions of legal scholars on the legal status of nuclear weapons. Stanford journal of international law 24(1) fall 1987:111-177. Includes bibliographical references. Nitze, Paul H. Interpreting the ABM Treaty. Atlantic Comunity quarterly 25(2) summer 1987:223-230.

280 Nuclear weapons and international law (Aldershot, England and Brookfield, 111., Avebury, 1987). 253 p. maps. Includes bibliographical references and index. Rogers, A.P.V. A commentary on the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and other Devices. Revue de droit pénal militaire et de droit de la guerre 26(1/3) 1987:185-206. Includes bibliographical references. Tanaka, Tadashi. Some legal aspects of disarmament. Japanese annual of international law,-No. 30, 1987:18-35. Includes bibliographical references. Tunkin, Gregorii Ivanovich. The nuclear age and a jurist in an ivory tower. In: Le droit international à l'heure de sa codification; études en l'honneur de Robert Ago (Milan, Giuffré, 1987). v. 1, p. 543-552. Includes bibliographical references.

Domestic jurisdiction Cataldi, Giuseppe. II caso del' "Achille Lauro" e la giurisdizione dello stato costiero nel mare territoriale. Rivista di diritto internazionale 70(3/4) 1987:548-572. Includes bibliographical references. Morrison, Fred L. Conflicts of jurisdiction. German yearbook of international law, vol. 29, 1986:417-434. Includes bibliographical references.

Environmental questions Cuth, Juraj. Kompetencia Organizâcie Spojenych nârodov v oblasti medzinarodnej spoluprace statov pri orcharne zivotného prostredia. Prâvny obzor 70(2) 1987:96-106. Summaries in English and Russian. Includes bibliographical references. Dandelot, Marc. Le droit international et les pollutions transfrontières. Revue juridique de /'environnement (1) 1987:5-23. Harders, J. Enno. In quest of an Arctic legal regime: marine regionalism: a concept of international law evaluated. Marine policy 11(4) October 1987:285-298. Includes bibliographical references. Heller, Michael A. Chernobyl fallout: recent IAEA conventions expand transboundary nuclear pollution law. Stanford journal of international law 23(2) summer 1987: 651-664. Includes bibliographical references. Howland, Todd. Can international law prevent another Bhopal tragedy? Denver journal of international law and policy 15(2/3) winter/spring 1987:301-316. Includes bibliographical references. International transfer of hazardous technology and substances: caveat emptor or State responsibility? the case of Bhopal, India. Proceedings (American Society of International Law. Meeting), 79th, 1985:303-322. Kiss, Alexandre Charles. L'accident de Tchernobyl et ses conséquences au point de vue du droit international. Annuaire français de droit international, vol. 32,1986:139-152. Makarewicz, Andrzej. La protection internationale du droit à l'environnement. In: Environnement et droits de l'homme (Paris, UNESCO, 1987). p. 77-90.

281 McBrayer, Sharon. Chernobyl's legal fallout: the Convention on Early Notification of a Nuclear Accident. Georgia journal of international and comparative law 17(2) summer 1987:303-319. Includes bibliographical references. Melkov, G.M. OON i problema organicheniia voennomorskikh vooruzhenii. Sovetskii ezhegodnik mezhdunarodnogo prava 1986:118-135. Summary in English. Includes bibliographical references. Meng, Qing-nan. Land-based marine pollution: international law development (London, Dordrecht and Boston, Graham & Trotman, Nijhoff, 1987). 254 p. Bibliography: p. 245-250. Includes index. Muldoon, Paul R. The international law of ecodevelopment: emerging norms for development assistance agencies. Texas international law journal 22(1) winter 1987:1-52. Includes bibliographical references. Nascimento e Silva, Geraldo Eulalio do. Air pollution across national frontiers/La pollution de l'air à travers les frontières nationales. Institute of International Law. Yearbook 62(pt. 1) 1987:159-381. Annex contains questionnaire and comments. Simpson, Wendy J. The problem of ozone depletion: is there an international legal solution? North Carolina journal of international law and commercial regulation 12(3) summer 1987:433-463. Includes bibliographical references. Spak, David G. The need for a ban on all radioactive waste disposal in the ocean. Northwestern journal of international law and business 7(4) fall/winter 1986:803-832. Includes bibliographical references. Vinogradov, Sergei Vladimirovich. Mezhdunarodnoe pravo i okhrana atmosfery (Moskva, Nauka, 1987). 157 p. Includes bibliographical references. Weiss, Edith Brown. Environmental disasters in international law. Anuario juridico interamericano 1986:141 -169. Includes bibliographical references. World Commission on Environment and Development, Experts Group on Environmental Law. Environmental protection and sustainable development: legal principles and recommendations (London, Graham & Trotman, 1987). 196 p. Includes bibliographical references. World environmental law bibliography: non-periodical literature in law and the social sciences published since 1970 in various languages, with selected reviews and annotations from periodicals (Littleton, Colo., Rothman, 1987). 480 p. Includes indexes.

Financing Marchisio, Sergio. Accords de financement multibilatéral: règles et pratiques des organisations internationales. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré. 1987). v. 2, p. 281-306. Includes bibliographical references. Zoller, Elisabeth. The corporate will of the United Nations and the rights of the minority. American journal of international law 81(3) July 1987:610-634. Includes bibliographical references.

282 Friendly relations and cooperation among States Chubar'ian, Aleksandr Oganovich. Evropeiskaia ideia v istorii: problemy voiny i mira (Moskva, Mezhdunarodnye otnosheniia, 1987). 350 p. Includes bibliographical references. Contadora y otras propuestas para la pacification y la democratization de Centra America: cronologia y documentation 1983-1987 (Guatemala, El Institute, 1987). 174 p. Niemann, Heinz. Zum Verstandnis der friedlichen Koexistenz und ihrer Rolle in den Kampfen unserer Zeit. Osteuropa 37(11) Nov. 1987:862-871. Seiss, Giinter. Grenziiberschreitende Massenkommunikation und internationale Sicherheit. 1PW Berichte 16(4) Apr. 1987:9-14. Includes bibliographical references.

Human rights Alston, Philip. The right to development at the international level. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 811-824. Includes bibliographical references. Barsh, Russel Lawrence. Making the United Nations human-rights machinary cost- effective. Nordic journal of international law 56(3) 1987:183-197. Includes bibliographical references. Bello, Emmanuel G. The African Charter on Human and Peoples' Rights: a legal analysis. Recueil des cours (Hague Academy of International Law), vol. 194, 1985:9-268. Bibliography: p. 240-268. Bennett, Walter H. A critique of the emerging Convention on the Rights of the Child. Cornell international law journal 20(1) winter 1987:1-64. Includes bibliographical references and text of draft Convention. Berlin, Mark L. Le droit international humanitaire comme source interprétative de la Charte canadienne des droits et libertés: l'incidence de la Convention européenne des droits de l'homme. Revue de droit international et de droit comparé 64(1/2) 1987:36-64. Includes bibliographical references. Bossuyt, Marc J. Guide to the "travaux préparatoires" of the International Covenant on Civil and Political Rights (Dordrecht and Boston, Nijhoff, 1987). xxvi, 851 p. Bibliography: p. 825-836. Boven, Theodoor Corneelis van. Human rights and the world order: realities and perspectives. In: Public international law and the future world order (Littleton, Colo., Rothman, 1987). Includes bibliographical references. Buquicchio-de Boer, Maud. The European Commission on Human Rights. Emory journal of international dispute resolution 1(2) spring 1987:219-238. Includes bibliographical references. Busschere, André G. de. The humane treatment of women in times of armed conflict: equality and the law of humanity. Revue de droit penal militaire et de droit de la guerre 26(4) 1987:575-610. Summaries in Dutch, French, German, Italian and Spanish. Includes bibliographical references. Cepelka, Cestmir. K mezinàrodne prâvnim aspektum ochrany lidskych prâv. Prâvnik 126(6) 1987:472-483. Summaries in English and Russian. Includes bibliographical references.

283 De Feyter, Koen. The international protection of political prisoners: the practice of the United Nations Commission on Human Rights, the International Committee of the Red Cross and Amnesty International. Revue belge de droit international 20(2) 1987:290-312. Bibliography: p. 312. Delbrueck, Jost. International protection of human rights and State sovereignty. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 263-274. Includes bibliographical references. Drzemczewski, Andrew. The European Human Rights Convention: time for a radical overhaul? Boston College international and comparative law review 10(1) winter 1987:9-15. Includes bibliographical references. Empell, Hans-Michael. Die Kompetenzen des UN-Menschenrechtsausschusses im Staatenberichtsverfahren: Art. 40 des Internationalen Paktes iiber burgerliche und politische Rechte (Frankfurt am Main and New York, P. Lang, 1987). 294 p. Bibliography: p. 246-294. Farer, Tom J. The United Nations and human rights: more than a whimper, less than a roar. Human rights quarterly 9(4) November 1987:550-586. Includes bibliographical references. Fawcett, James Edmund Sandford. The application of the European Convention on Human Rights. 2nd ed. (Oxford, Clarendon Press, 1987). 444 p. Includes bibliographical references and index. Ghandhi, P.R. The Human Rights Committee and the right of individual communication. British yearbook of international law, vol. 57, 1986:201-251. Includes bibliographical references. Gros Espiell, Hector. Contentious proceedings before the Inter-American Court of Human Rights. Emory journal of international dispute resolution 1(2) spring 1987:175-218. Includes bibliographical references. Gutto, S.B.O. Violation of human rights in the Third World: responsibility of states and TNCs. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 275-292. Includes bibliographical references. Hannum, Hurst. The right to leave and return in international law and practice (Dordrecht and Boston, Nijhoff, 1987). 189 p. Includes bibliographical references and index. The Strasbourg Declaration on the Right to Leave and Return. American journal of international law 81(2) April 1987:432-438. Includes bibliographical references and text of declaration. Harvey, Philip. Monitoring mechanisms for international agreements respecting economic and social human rights. Yale journal of international law. 12(2) summer 1987:396-420. Includes bibliographical references. International Association of Legal Science. Colloquium (1985, Heidleberg, Federal Republic of Germany). (Berlin (West), New York, Springer-Verlag. 1987). 265 p. Text in English or French. Includes bibliographical references.

284 International handbook of human rights (New York, Greenwood Press, 1987). 495 p. ill. Bibliography: p. 467-480. Includes index. International Recht en Vrouwen (Zwolle, Netherlands, Tjeenk Willink, 1987). 624 p. Kamminga, M.T. The thematic procedures of the UN Commission on Human Rights. Netherlands international law review 34(3) 1987:299-323. Includes bibliographical references. Kiss, Alexandre. Définition et nature juridique d'un droit de l'homme à l'environnement. In: Environnement et droits de l'homme (Paris, UNESCO, 1987). p. 13-28. Kovalev, Aleksandr Antonovich. Problema "kollektivnykh" prav narodov v mezhdunarodnom prave. Sovetskii ezhegohnik mezhdunarodnogo prava 1986:145-160. Summary in English. Includes bibliographical references. Kunig, Philip. The inner dimension of the right to development: considerations concerning the responsibility of developing countries. Law and state, vol. 36, 1987:46-64. Includes bibliographical references. Macdonald, Ronald St. John. The margin of appreciation in the jurisprudence of the European Court of Human Rights. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré. 1987). v. 3, p. 187-208. Includes bibliographical references. Mahalic, Drew. The limitation provisions of the International Convention on the Elimination of All Forms of Racial Discrimination. Human rights quarterly 9(1) February 1987:74-101. Includes bibliographical references. Michalska, Anna. Pakty Praw Czlowieka a regulacje regionalne w dziedzinie praw czlowieka. Panstwo i prawo 42(2) luty 1987:3-19. Includes bibliographical references. Naidu, Arjuna. The right to be free from slavery, servitude and forced labour. Comparative and international law journal of Southern Africa 20(1) March 1987: 108-113. Includes bibliographical references. Nordenfelt, Johan. Human rights: what they are and what they are not. Nordic journal of international law 56(1) 1987:3-8. Includes bibliographical references. Plender, Richard.The right to leave any country, including one's own. Co-existence: a review of East-West and development issues 24(1/2) 1987:135-153. Includes bibliographical references. Prémont, Daniel. Etat d'acceptation du Pacte international relatif aux droits civils et politiques et de protocole facultatif s'y rapportant. Annuaire français de droit international, vol. 32, 1986:570-590. Includes bibliographical references. Przetacznik, Franciszek. The philosophical concept of peace as a basic collective human right. Revue de droit pénal militaire et de droit de la guerre 26(1/3) 1987:360-403. Summaries in Dutch, French, German, Italian and Spanish. Includes bibliographical references. Ramcharan, Bertrand G. Peoples' rights and minorities' rights. Nordic journal of international law 56(1) 1987:9-38. Includes bibliographical references.

285 Rodley, Nigel S. The treatment of prisoners under international law (Paris, UNESCO; Oxford, Clarendon Press, 1987). 374 p. Includes bibliographical references and index. Saulle, Maria Rita. Jus cogens and human rights. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 2, p. 385-396. Includes bibliographical references. Sudre, Frédéric. La première affaire française devant la Cour européenne des droits de l'homme: l'arrêt Bozano du 18 décembre 1986. Revue générale de droit international public 91(2) 1987:533-585. Includes bibliographical references. Symposium on the Implementation of the International Covenant on Economic, Social and Cultural Rights (1986, Maastricht, Netherlands). Human rights quarterly 9(2) May 1987: 287 p. Includes bibliographical references. Tardu, Maxime E. The United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. Nordic journal of international tow 56(4) 1987:303-321. Includes bibliographical references. Verwey, Wil D. The new international economic order and the realization of the right to development and the welfare: a legal survey. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 825-851. Includes bibliographical references. Weston, Burns H. Regional human rights regimes: a comparison and appraisal. Vanderbilt journal of transnational law 20(4) October 1987:585-637. Includes bibliographical references.

International administrative law Amerasinghe, Chittharanjan Felix. Sources of international administrative law. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 67-95. Includes bibliographical references. Grimes, David M. The OAS Administrative Tribunal: proposals for appellate review. Emory journal of international dispute resolution 1(2) spring 1987:257-274. Includes bibliographical references. Valticos, Nicolas. L'évolution du système de contrôle de l'Organisation internationale du travail. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 2, p. 505-521. Includes bibliographical references. Zyss, Witold. Le régime commun des Nations Unies. Revue générale de droit international public 91(2) 1987:341-478. Includes bibliographical references.

International criminal law Abi-Saab, Georges. The international law of multinational corporations: a critique of American legal doctrines. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 549-576. Includes bibliographical references.

286 Bassiouni, M. Cherif. A draft international criminal code and draft statute for an international cirminal tribunal. 2nd rev. ed. (Dordrecht and Boston, Nijhoff, 1987). 492 p. Bibliography, p. 271-353. Includes index. Cassese, Antonio. Remarks on the present legal regulation of crimes of states. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v.3, p. 49-64. Includes bibliographical references. Conforti, Benedetto. In tema di responsabilité degli stati per crimini internazionali. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 3, p. 99-111. Includes bibliographical references. Donovan, Colleen R. The history and possible future of international criminal law. Brooklyn journal of international law 13(1) 1987:83-109. Includes bibliographical references. Kobrick, Eric S. The ex post facto prohibition and the exercise of universal jurisdiction over international crimes. Columbia law review 87(7) November 1987:1515-1538. Includes bibliographical references. Mann, Frederick Alexander. Zum Strafverfahren gegen einen vôlkerrechtswidrig Entfiihrten. Zeitschrift fur auslândisches ôffentliches Recht und Vôlkerrecht 47(3) 1987:469-488. Summary in English. Includes bibliographical references. Pustogarov, Vladimir Vasil'evich. Niurnbergskii protsess i razvitie mezhdunarodnogo prava. Sovetskii ezhegodnik mezhdunarodnogo prava 1986:135-144. Summary in English. Includes bibliographical references. Sahovic, Milan. Le concept du crime international de l'état et le développment du droit international. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 3, p. 363-370. Includes bibliographical references. Strauss, Francine R. Demjanjuk v. Petrovsky: an analysis of extradition. Maryland journal of international law and trade 12(1) fall 1987:65-81. Includes bibliographical references.

International economic law Agrawala, S.K. The emerging international economic order. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 379-391. Includes bibliographical references. Buxbaum, Richard M. The role of public international law in international business transactions. In: Public international law and the future world order (Littleton, Colo., Rothman, 1987). 27 p. Includes bibliographical references. Gilas, Janusz. International economic equity. Polish yearbook of international law, vol. 14, 1985:65-97. Includes bibliographical references. Gold, Joseph. Public international law in the international monetary system. In: Public international law and the future world order (Littleton, Colo., Rothman, 1987). Includes bibliographical references.

287 Grossfeld, Bernhard. Transnational corporation and the reorientation of international economic law. In: Public international law and the future world order (Littleton, Colo., Rothman, 1987). 14 p. Includes bibliographical references. Kovalev, A.A. Mezhdunarodnaia ekonomicheskaia bezopasnost': pravovye aspekty. Sovetskoe gosudarstvo i pravo, No. 4, apr. 1987:68-77. Ostapski, S. Andrew. The touch of gold in international conventions: value maintenance in a changing world. Loyola of Los Angeles international and comparative law journal 9(3)1987:523-543. Includes bibliographical references. Seidl-Hohenveldern, Ignaz. International economic law: general course on public international law. Recueil des cours (Hague Academy of International Law), vol. 198 1986:9-264. Bibliography: p. 262-264.

International terrorism Babovic, Budimir. Medunarodni terorizam i INTERPOL. Jugoslovenska revija za medunarodno pravo 34(3) 1987:452-482. Summary in French. Includes bibliographical references. Baker, Mark B. Terrorism and the inherent right of self-defense (a call to amend Article 51 of the United Nations Charter). Houston journal of international law 10(1) autumn 1987:25-49. Includes bibliographical references. The Western European legal response to terrorism. Brooklyn journal ofinterna- tionallaw 13(1) 1987:1-24. Includes bibliographical references. Cassese, Antonio. // caso "Achille Lauro" : terrorismo, politico e diritto nella comunita internationale (Roma, Riuniti, 1987). 231 p. Bibliography: p. 209-211. Chladek, Tilmann. Die westlichen Demokratien im Kampf gegen den intemationalen Terrorismus: eine Bilanz. Europa Archiv 42(20) 25 Okt. 1987:577-586. Includes bibliographical references. Dawson, Humphrey G. Civil aviation, hijacking and international terrorism: an historical and legal review. International business lawyer 15(2) February 1987:53-54, 57-66. Includes bibliographical references. Derby, Daniel H. Coming to terms with terrorism: relativity of wrongfulness and the need for a new framework. Touro law review 3(2) spring 1987: 151-201. Includes bibliographical references. Dinstein, Yoram. The international legal response to terrorism. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 2, p. 139-151. Includes bibliographical references. Gurovitsch, Kerry Ann. Legal obstacles to combatting international State-sponsored terrorism. Houston journal of international law 10(1) autumn 1987:159-180. Concerns the United States. Includes bibliographical references. Human rights v. new initiatives in the control of terrorism. Proceedings (American Society of International Law. Meeting), 79th, 1985:288-303.

288 Labayle, Henri. Droit international et lutte contre le terrorisme. Annuaire français de droit international, vol. 32, 1986:105-138. Includes bibliographical references. Larsen, Mark D. The Achille Lauro incident and the permissible use of force. Loyola of Los Angeles international and comparative law journal 9(2) 1987:481-497. Includes bibliographical references. McWhinney, Edward. Aerial piracy and international terrorism: the illegal diversion of aircraft and international law. 2nd rev. ed. (Dordrecht and Boston, Nijhoff, 1987). 244 p. Bibliography: p. 183-187. Includes index. North Atlantic Assembly. Working Group on Terrorism. Final report (Brussels, North Atlantic Assembly, 1987). 61 p. Includes bibliographical references. Parritt, B.A.H. Maritime terrorism and the law. Lloyd's maritime and commercial law quarterly 1987 (pt. 1) February 1987:18-21. Includes bibliographical references. Regourd, Serge. Raids "anti-terroristes" et développements récents des atteintes illicites au principe de non-intervention. Annuaire français de droit international, vol. 32, 1986:79-103. Includes bibliographical references. Roberts, Guy B. Self-help in combatting State-sponsored terrorism: self defense and peace- time reprisals. Case Western Reserve journal of international law 19(2) spring 1987:243-293. Includes bibliographical references. Selth, Andrew. International terrorism and the challenge to diplomacy. Terrorism 10(2) 1987:103-112. Includes bibliographical references. Should the laws of war apply to terrorists? Proceedings (American Society of International Law. Meeting), 79th, 1985:109-126. Contains remarks and discussion. Simon, Denys. La contre-violence unilatérale: pratiques étatiques et droit international. Annuaire français de droit international, vol. 32, 1986:53-78. Includes bibliographical references. Sochor, Eugene. Terrorism in the sky: the rhetoric and realities of sanctions. Terrorism 10(4)1987:311-327. Includes bibliographical references. Special issue on terrorism. Indian journal of international law 27(2/3) April/September 1987:151-356. Bibliography: p. 342-356. Stuesser, Lee. Active defense: State military response to international terrorism. California Western international law journal 17(1) winter 1987:1-42. Concerns the United States. Includes bibliographical references. Sucharitkul, Sompong. International terrorism and the problem of jurisdiction. Syracuse journal of international law and commerce 14(2) winter 1987:141-181. Includes bibliographical references. Symposium on State Sponsored International Terrorism. Vanderbilt journal of transnational law 20(2) March 1987:195-363. Series of articles. Includes bibliographical references.

289 Vasilijevic, Vladan A. Pravo oruzanih sukoba kao osnov za odredivanje pravne prirode krivicnog delà terorizma. Jugoslovenska revija za medunarodno pravo 34(1/2) 1987: 247-262. Summary in English. Includes bibliographical references. Weber, Hermann. Gewalt, Gegengewalt, Gewalrverbot: der internationale Terrorismus als Herausforderung der Vereinten Nationen. Vereinte Nationen 35(2) April 1987:50-55. Includes bibliographical references. Wilensky, Roberta L. Flying the unfriendly skies: the liability of airlines under the Warsaw Convention for injuries due to terrorism. Northwestern journal of international law and business 8(1) spring 1987:249-272. Includes bibliographical references. Windsor, Philip. Terrorism and international order. Atlantic Community quarterly 25(2) summer 1987:201-209.

International trade law Bergsten, Eric E. The interest of developing countries in the work of UNCITRAL. In: Essays on international law: thirtieth anniversary commemorative volume (New Delhi Secretariat of the Asian-African Legal Consultative Committee, 1987). p. 28-41. Includes bibliographical references. Colloquium on the Law of International Trade, 6th, 1985, Flushing, Netherlands. (Dordrecht and Boston, Nijhoff, 1987). 372 p. ill. Includes bibliographical references. Commentary on the international sales law: the 1980 Vienna Sales Convention (Milan, Giuffré, 1987). 886 p. Bibliography: p. 855-873. Includes index. Dordevic, Stevan. Medunarodni ugovori i spoljnotrgovinske klauzule. Medunarodni problemi 38(4) okt./dec. 1986:329-348. Summary in English. Includes bibliographical references. Gabor, Francis A. Emerging unification of conflict of laws rules applicable to the international sale of goods: UNCITRAL and the New Hague Conference on Private International Law. Northwestern journal of international law and business 7(4) fall/winter 1986, 696-726. Includes bibliographical references. Goldman, Berthold. The applicable law: general principles of law — the lex mercatoria. In: Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 113-125. Includes bibliographical references. Heiz, Christoph R. Validity of contracts under the United Nations Convention on Contracts for the International Sale of Goods, April 11, 1980, and Swiss contract law. Vanderbilt journal of transnational law 20(4) October 1987:639-663. Includes bibliographical references. Herber, Rolf. Gedanken zum Inkrafttreten des VN-Kaufrechtsbereinkommens. Recht der internationalen Wirtschaft; Aussenwirtschaftsdienst des Betriebs-Beraters 33(5) Mai 1987:340-342. Includes bibliographical references. Honnold, John O. Uniform law for international sales under the 1980 United Nations Convention (Deventer and Boston, Kluwer, 1987). 586 p. Bibliography: p. 29-36. Includes index.

290 Lando, Ole. The 1985 Hague Convention on the Law Applicable to Sales. Rabels Zeitschrift fur auslândisches und internationales Privatrecht5\(\fZ) 1987:60-85. Includes bibliographical references. Magnus, Ulrich. Das UN-Kaufrecht tritt in Kraft! Rabels Zeitschrift fur auslândisches und internationales Privatrecht 51(1/2) 1987:123-129. Includes bibliographical references. Meessen, Karl M. Intellectual property rights in international trade. Journal of world trade law 21(1) February 1987:67-74. Includes bibliographical references. Mustill, Michael John. The new lex mercatoria: the first twenty-five years. In: Liber amicorum for the Rt. Hon. Lord Wilberforce (Oxford, Clarendon Press, 1987). p. 149-183. Includes bibliographical references. Oppetit, Bruno. Le paradoxe de la corruption à l'épreuve du droit du commerce international. Journal du droit international 114(1) janvier/mars 1987:5-21. Includes bibliographical references. Pauknerovâ, Monika. Unifikace prâva mezinàrodniho obchodu a jeji limity. Prâvnik 126 (1) 1987:34-48. Summaries in English and Russian. Includes bibliographical references. Poczobut, Jerzy. Internationales Finanzierungsleasing: das UNIDROIT-Projekt-vom Enlwurf (Rom, 1987) zum Ubereinkommen (Ottawa, 1988). Rabels Zeitschrift fur auslândisches und internationales Privatrecht 51 (4) 1987:681-724. Summary in English. Includes bibliographical references. Sturmey, S.G. The United Nations Convention on Conditions for Registration of Ships. Lloyd's maritime and commercial law quarterly 1987(1) February 1987:97-117. Includes bibliographical references. UNCTAD VII and the global challenge: a report brought out on the eve of the seventh session of the United Nations Conference on Trade & Development, Geneva, 9-13, July, 1987 (New Delhi, Research and Information System for the Non-Aligned and Other Developing Countries, 1987). 318 p. ill. Includes bibliographies. Ungar, Kenneth T. The enforcement of arbitral awards under UNCITRAL's Model Law on International Commercial Arbitration. Columbia journal of transnational law 25(3) 1987:717-753. Includes bibliographical references. Zheng, Henry R. The fourth multifibre arrangement and the new legal regime for international trade in textiles. Columbia journal of transnational law 25(2) 1987:301-343. Includes bibliographical references.

International waterways Alexander, Lewis M. Exceptions to the transit passage regime: straits with routes of "similar convenience". Ocean development and international law 18(4) 1987:479-491. Includes bibliographical references. Galliot, Florence. Les organismes fluviaux internationaux. Annuaire de droit maritime et aéro-spatial, vol. 9,1987:195-216. Larson, David L. Innocent, transit, and archipelagic sea lanes passage. Ocean development and international law 18(4) 1987:411-444. Bibliography: p. 433-444.

291 Mangone, Gerard J. Straits used for international navigation. Ocean development and international law 18(4) 1987:391-409. Includes bibliographical references. Moermond, James O. A survey of the international law of rivers. Denver journal of international law and policy 16(1) fall 1987:139-159. Includes bibliographical references. Solanes, Miguel. The International Law Commission and legal principles related to the non-navigational uses of the waters of international rivers. Natural resources forum 11(4)1987:353-361. Intervention Bazyler, Michael J. Reexamining the doctrine of humanitarian intervention in light of the atrocities in Kampuchea and Ethiopia. Stanford journal of international law 23(2) summer 1987:547-619. Includes bibliographical references. Blum, Steven A. Intervention for the purpose of replacing anarchy with a sovereign government: trend toward a developing norm. ILSA journal of international law, vol. 11, 1987:1-40. Includes bibliographical references. Forbes, Ian. Warfare without war: intervention in the international system. Arms control 8(1) May 1987:52-72. Observations on Ian Forbes' paper, p. 68-72. Includes bibliographical references. Perkins, John A. The right of counterintervention. Georgia journal of international and comparative law 17(2) summer 1987:171-227. Includes bibliographical references. Sperduti, Giuseppe. Notes sur l'intervention dans le procès international. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 3, p. 429-442. Includes bibliographical references.

Law of the sea Adede, Andronico Oduogo. The system for settlement of disputes under the United Nations Convention on the Law of the Sea: a drafting history and a commentary (Dordrecht and Boston, Nijhoff, 1987). 285 p. Includes bibliographical references. Alexander, Lewis M. Uncertainties in the aftermath of UNCLOS III: the case for navigational freedoms. Ocean development and international law 18(3) 1987:333-342. Antinori, Camille M. The Bering Sea: a maritime delimitation dispute between the United States and the Soviet Union. Ocean development and international law 18(1) 1987:1-41. Includes bibliographical references and text of convention ceding Alaska to the United States. Ash, G.W. 1982 Convention on the Law of the Sea: its impact on air law. Air Force law review, vol. 26, 1987:35-82. Attard, David Joseph. The exclusive zone in international law (Oxford, Clarendon Press, 1987). 350 p. Bibliography: p. 310-341. Includes index.

292 Barnes, James N. The U.N. Convention on the Law of the Sea and Antarctica. In: International law for Antarctica (Milan, Giuffré, 1987). p. 367-379. Includes bibliographical references. Berlingieri, Francesco. Uniformity of maritime law and implementation of international conventions. Journal of maritime law and commerce 18(3) July 1987:317-350. Birnie, Patricia W. Piracy: past, present and future. Marine policy 11(3) July 1987:163-183. Includes bibliographical references. Boczek, Boleslaw Adam. The Arctic Ocean and the new law of the sea. German yearbook of international law, vol. 29, 1986:154-189. Includes bibliographical references. Bolintineanu, Alexandra. Main features of delimitation of the continental shelf between States with opposite or adjacent coasts. Revue roumaine d'études internationales 21(6) nov ./dec. 1987:527-535. Includes bibliographical references. Borgese, Elisabeth Mann. Law of the Sea XIX. San Diego law review 24(3) May/June 1987:595-687. Includes bibliographical references. Bowett, Derek William. The economic factor in maritime delimitation cases. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987).v. 2, p. 45-63. Includes bibliographical references. Caflisch, Lucius. What is a geographically disadvantaged State? Ocean development and international law 18(6) 1987:641-663. Includes bibliographical references. Castaneda, Jorge. La conférence des Nations Unies sur le droit de la mer et l'avenir de la diplomatie multilatérale. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 2, p. 75-85. Includes bibliographical references. Charney, Jonathan I. The delimitation of ocean boundaries. Ocean development and international law 18(5) 1987:497-531. Includes bibliographical references. Condorelli, Luigi. Solutions traditionnelles et nouvelles tendances en matière d'attribution à l'État d'un fait internationalement illicite dans la convention de 1982 sur le droit de la mer. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 3, p. 65-97. Includes bibliographical references. Degan, Vladimir-Duro. "Equitable principles" in maritime délimitations. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 2, p. 107-137. Includes bibliographical references. Devine, Dermott John. The law of the sea convention: signatories and non-signatories and the alternative track to Part XI. South African yearbook of international law, vol. 12, 1986/1987:1-28. Includes bibliographical references. Douay, Claude. Projet de convention pour la répression d'actes illicites contre la sécurité de la navigation maritime. Droit maritime français 39(466) novembre 1987:629-635.

293 Dugosevic, Daska. Rezim plovidbe tjesnacima koji sluze medunarodnoj plovidbi prema Konvenciji Ujedinjenih naroda o pravu mora. Jugoslovenska revija za medunarodno pravo 34(1/2) 1987:221-235. Summary in English. Includes bibliographical references. Essays in memory of Jean Carroz: the law and the sea/Mélanges à la mémoire de Jean Carroz: le droit et la merlEnsayos en memoria de Jean Carroz: el derecho y el mar (Rome, PAO, 1987). 282p. Bibliography: p. 281-282. Evensen, Jens. Working methods and procedures in the Third United Nations Conference on the Law of the Sea. Recueil des cours (Hague Academy of International Law) vol. 199, 1986:415-519. Includes bibliographical references. Gamble, John King. International law of the sea of the 1980's: exception, rule, or trigger? Houston journal of international law 9(2) spring 1987:287-302. Includes bibliographical references. Gaster, Jens-Lienhard. Der Meeresbodenbergbau unter der Hohen See: Neuland des Seevôlkerrechts und der nationalen Gesetzgebung: Darstellung eines Kernproblems der Seerechtsdiskussion unter Berucksichtigung der ausserrechtlichen Grundlagen (Cologne, C. Heymanns, 1987). 375 p. ill., maps. Summary in English: p. 295-299. Bibliography: p. 347-375. Goralczyk, Wojciech. Preparatory measures for the implementation of the Convention on the Law of the Sea. Polish yearbook of international law, vol. 14, 1985:7-42. Includes bibliographical references. Harry, Martin A. Law of the sea convention. ILS A journal of international law, vol. 11, 1987:149-174. Includes bibliographical references. Ibrahim, Ahmed Hadj. Suotnoshenie mezhdu izkliuchitelnata ikonomicheska zona i konti- nentalniia shelf po novata Konventsiia na OON morsko pravo ot 1982 g. Pravna mis" 131(4) 1987:46-51. Iguchi, Takeo. Japan and the new law of the sea: facing the challenge of deep seabed mining. Virginia journal of international law 27(3) spring 1987:527-549. Includes bibliographical references. Jacota, Mihai. Considérations sur le régime juridique du transport des marchandises par mer. Revue roumaine d'études internationales 21(6) nov./dec. 1987:551-567. Concerns Romania. Includes bibliographical references. Jimenez de Aréchaga, Eduardo. The conception of equity in maritime delimitation. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 2, p. 229-239. Includes bibliographical references. Johnston, Douglas M. The international law of fisheries: a framework for policy-oriented inquiries (New Haven, New Haven Press, 1987). 554 p. Bibliography: p. 511-541. Includes index. Kasoulides, George C. Vessels in distress: "safe havens" for crippled tankers. Marine policy 11(3) July 1987:184-195. Includes bibliographical references.

294 Kittichaisaree, Kriangsak. The law of the sea and maritime boundary delimitation in South-East Asia. (Singapore, Oxford, New York, Oxford University Press, 1987). 209 p. ill., maps.) p. 200-205. Includes index. Koh, Tommy T.B. Negotiating a new world order for the sea. In: Third World attitudes towards international law (Dordrecht, Boston, Nijhoff, 1987.) p. 715-735. Includes bibliographical references. Kowalski, Andrzej. Konwencja prawa morza 1982: rzeczywistosc i perspektywy. Panstwo /pravw42(4)kwiec. 1987:64-75. Includes bibliographical references. Wspôlczesne rozumienie wolnosci môrz. Sprawy miedzynarodowe 40(3) marz. 1987:91-104. Includes bibliographical references. Kreca, Milenko. Nekoliko napomena o pravnoj prirodi medunarodnog prava mora. Jugoslovenska revija za medunarodno pravo 34(3) 1987:381-402. Summary in English. Includes bibliographical references. Lamson, Cynthia. Arctic shipping, marine safety and environmental protection. Marine policy 11(1) January 1987:3-15. Includes bibliographical references. Larson, David L. Naval weaponry and the law of the sea. Ocean development and international law 18(2) 1987:125-198. Includes bibliographical references. Law of the Sea Institute (Honolulu, Hawaii) Conference, 19th: 1985, Cardiff, Wales. The UN Convention on the Law of the Sea: impact and implementation (Honolulu, The Law of the Sea Institute, William S. Richardson School of Law, University of Hawaii, 1987). 639 p. ill., maps. Includes bibliographical references and index. Mahmoudi, Said. The law of deep sea-bed mining: a study of the progressive development of international law concerning the management of the polymetallic nodules of the deep sea-bed (Stockholm, Almqvist & Wiksell, 1987). 362 p. Bibliography: p. 343-355. Includes index. Marine affairs bibliography: a comprehensive index to marine law and policy literature cumulation. 1980-1985 (Dordrecht and Boston, Nijhoff, 1987). 685 p. Includes indexes. Marotta Rangel, Vicente. La codification des normes sur le plateau continental. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 2, p. 307-321. Includes bibliographical references. Le plateau continental dans la Convention de 1982 sur le droit de la mer. Recueil des cours (Hague Academy of International Law), vol. 194, 1985:269-427. Bibliography: p. 415-427. McLlarky, Kathleen A. Guinea/Guinea-Bissau: dispute concerning delimitation of the maritime boundary, February 14, 1985. Maryland journal of international law and trade 11(1) spring 1987:93-121. Includes bibliographical references. Migliorino, Luigi. The new law of the sea and the deep seabed of the Antarctic region. In: International law for Antarctica (Milan, Giuffré, 1987). p. 381-394. Includes bibliographical references.

295 Momtaz, Djamchid. La Convention des Nations Unies sur les conditions d'immatricula- tion des navires. Annuaire français de droit international, vol. 32, 1986:715-735. Includes bibliographical references. Nelson, L.D.M. The Drafting Committee of the Third United Nations Conference on the Law of the Sea: the implications of multilingual texts. British yearbook of international law, vol. 57, 1986:169-199. Includes bibliographical references. Oda, Shigeru. Delimitation of a single maritime boundary: the contribution of equidistance to geographical equity in the interrelated domains of the continental shelf and the exclusive economic zone. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 2, p. 349-362. Includes bibliographical references. Orrego Vicuna, Francisco. La zone économique exclusive: régime et nature juridique dans le droit international. Recueil des cours (Hague Academy of International Law), vol. 199,1986:9-170. Bibliography: p. 159-170. Oxman, Bernard H. The United Nations Convention on the Law of the Sea and deep seabed mining. Études internationales (Association des études internationales (Tunis)), No. 25, dec. 1987:27-45. Includes bibliographical references. Pardo, Arvid. The Convention on the law of the sea: a preliminary appraisal. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 737-749. Includes bibliographical references. Plant, Glen. The Third United Nations Conference on the Law of the Sea and the Preparatory Commission: models for United Nations law-making? International and comparative law quarterly 36(3) July 1987:525-558. Includes bibliographical references. Prasad Subedi, Surya. The marine fishery rights of land-locked states with particular reference to the EEZ. International journal of estuarine and coastal law 2(4) Nov. 1987:227-239. Includes bibliographical references. Rajan, H.P. The legal regime of archipelagos. German yearbook of international law vol. 29, 1986:137-153. Includes bibliographical references. Reynolds, A.E. The Varna Convention: a regional response to fisheries conservation and management. International journal of estuarine and coastal law 2(3) Aug. 1987: 154-170. Includes bibliographical references. Rubin, Alfred P. The law of piracy. Denver journal of international law and policy 15 (2/3) winter/spring 1987:173/233. Includes bibliographical references. Scovazzi, Tullio. Pesca e tutela deH'ambiente: nuovi sviluppi del diritto intemazionale del mare. Rivista giuridica dell'ambiente 2(2) ag. 1987:269-279. Includes bibliographical references. Les zones côtières dans l'Antarctique. In: International law for Antarctica (Milan, Giuffré, 1987). p. 291-339. Includes bibliographical references.

296 Sharma, Surya P. The single maritime boundary regime and the relationship between the continental shelf and the exclusive economic zone. International journal ofestuarine and coastal law 2(4) November 1987:203-226. Includes bibliographical references. Simmonds, Kenneth R. The law of the sea: the United Nations Preparatory Commission and the future of deep sea-bed mining. In: Public international law and the future world order (Littleton, Colo., Rothman, 1987). 14 p. Includes bibliographical references. Starkle, Guido. Piraterie en haute mer et compétence pénale internationale à propos de l'arrêt de la Cour d'appel d'Anvers du 19 juillet 1985. Revue de droit pénal et de criminologie 37(8/10) août/oct. 1987:735-752. Symonides, Janusz. The exclusive economic zone. Polish yearbook of international law vol. 14, 1985:43-63. Includes bibliographical references. The legal status of islands in the new law of the sea. Revue de droit international, de sciences diplomatiques et politiques 65(3) juil./sept. 1987:161-180. Includes bibliographical references. Szekely, Alberto. Aplicaciôn en Latinoamérica de la Convention de las Naciones Unidas sobre el Derecho del Mar. Anuario juridico interamericano 1985:43-56. Includes bibliographical references. Trêves, Tullio. La participation de Inorganisation internationale compétente" aux déci- sions de l'état coder dans le nouveau droit de la mer. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 2, p. 473-490. Includes bibliographical references. The United Nations General Assembly, Antarctica and the Law of the Sea Convention. In: International law for Antarctica (Milan, Giuffré, 1987). p. 281-289. Includes bibliographical references. Valencia, Mark J. Law of the sea in transition: navigational nightmare for the maritime powers? Journal of maritime law and commerce 18(4) October 1987:541-554. Includes bibliographical references. Vignes, Daniel. Le régime des ressources biologiques marines de l'Antarctique. In: International law for Antarctica. (Milan, Giuffré, 1987). p. 341-366. Includes bibliographical references. Virally, Michel. L'équité dans le droit: à propos des problèmes de délimitation maritime. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Uhlan, Giuffré, 1987). v. 2, p. 523-534. Includes bibliographical references. Weil, Prosper. A propos du droit coutumier en matière de délimitation maritime. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 2, p. 535-554. Includes bibliographical references. Willis, L.A. From precedent to precedent: the triumph of pragmatism in the law of maritime boundaries. Canadian yearbook of international law, vol. 24, 1986:3-60. Summary in French. Includes bibliographical references.

297 Wolfram, Riidiger. The emerging customary law of marine zones: State practice and the Convention on the Law of the Sea. Netherlands yearbook of international law, vol. 18, 1987:121-144. Includes bibliographical references.

Law of treaties Berile, Giuseppe. The protection of human rights in Article 60, paragraph 5, of the Vienna Convention on the Law of Treaties. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 2, p. 3-14. Includes bibliographical references. Cahier, Philippe. Le changement fondamental de circonstances et la Convention de Vienne de 1969 sur le droit des traités. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 163-186). Includes bibliographical references. Capotorti, Francesco. Sul valore délia prassi applicatira dei trattati secondo la Convenzione di Vienna. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 197-218. Includes bibliographical references. Chatterjee, Syamal Kumar. Intemationality of treaties: substance or shadow? Indian journal of international law 27(1) January/March 1987:13-29. Includes bibliographical references. Cok, Vida. O rezervama nespojivim sa preometom i cijevima medunarodnog ugovora/ Reservations incompatible with the object and purpose of international treaties. Jugoslovenska Revija za Medunarodno Pravo 34(1/2) 1987:168-183. Degan, Vladimir-Djuro. Suprotstavljiva stanja (opozabilnost) u medunarodnom pravu. Jugoslovenska revija za medunarodno pravo 34(1/2) 1987:115-132. Summary in English. Includes bibliographical references. Ferrari Bravo, Luigi. Alcune riflessioni sui rapporti fra diritto costituzionale e diritto internationale in tema di stipulazione di trattati. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 273-285. Includes bibliographical references. Gaja, Giorgio. Unruly treaty reservations. In; Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 307-330. Includes bibliographical references. Grenville, John Ashley Soames. The major international treaties since 1945: a history and guide with texts (London and New York, Methuen, 1987). 528 p. Bibliography: p. 500-506. Includes index. The major international treaties 1914-1945: a history and guide with texts (London and New York, Methuen, 1987). 268 p. maps. Bibliography: p. 256-261. Haimbaugh, George D. Jus cogens: root and branch: an inventory. Touro law review 3(2) spring 1987:203-227. Includes bibliographical references. Isak, Hubert. United Nations Conference on the Law of Treaties between States and International Organizations or between International Organizations. Ôsterreichis- che Zeitschrififiir ôffentliches Recht und Vôlkerrecht 38(1/3) 1987:49-78. Includes bibliographical references.

298 Maluwa, Tiyanjana. The treaty-making capacity of the Holy See in theory and practice: a study of the jus tractum of a non-State entity. Comparative and international law journal of Southern Africa 20(2) July 1987:155-174. Includes bibliographical references. Manin, Philippe. La Convention de Vienne sur le droit des traités entre États et organisations internationales ou entre organisations internationales. Annuaire français de droit international, vol. 32, 1986:454-473. Includes bibliographical references. Menon, P.K. The law of treaties between States and international organizations or between international organizations with special reference to the Vienna Convention of 1986. Revue de droit international, de sciences diplomatiques et politiques 65(4) oct./déc. 1987:255-320. Includes bibliographical references. Minakov, A.I. Mezhdunarodnyi dogovor kak istochnik mezhdunarodnogo chastnogo prava (voprosyteorii). Sovetskii ezhegodnik mezhdunarodnogo prava 1986:228-241. Summary in English. Includes bibliographical references. Nascimento e Silva, Geraldo Eulalio do. The 1986 Vienna Convention and the treaty- making power of international organizations. German yearbook of international law, vol. 29, 1986:68-85. Includes bibliographical references. Plender, Richard. The role of consent in the termination of treaties. British yearbook of international law, vol. 57, 1986:133-167. Includes bibliographical references. Racic, Obrad. Nove tendencije u razvoju medunarodnopravnog subjektiviteta medunarodnih organizacija. Jugoslovenska revija za medunarodno pravo 34(1/2) 1987:133-151. Summary in English. Includes bibliographical references. Raclin, Grier C. From ice to ether: the adoption of a regime to govern resource exploitation in outer space. Northwestern journal of international law and business 7(4) fall/winter 1986:727-761. Includes bibliographical references. Rosenne, Shabtai. Conceptualism as a guide to treaty-interpretation. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 417-431. Includes bibliographical references. Sciso, Elena. On Article 103 of the Charter of the United Nations in the light of the Vienna Convention on the Law of Treaties. Osterreichische Zeitschrift fur ôffentliches Recht und Vôlkerrecht 38( 1/3) 1987:161 -179. Includes bibliographical references. Trêves, Tullio. Innovations dans la technique de codification du droit international: la préparation de la Conférence de Vienne sur les traités passés par les organisations internationales. Annuaire français de droit international, vol. 32, 1986:474-494. Includes bibliographical references. Vajic, Nina. Interpretativne izjave uz mnogostrane medunarodne ugovore. Jugoslovenska revija za medunarodno pravo 34(1/2) 1987:152-167. Summary in English. Includes bibliographical references. Vierdag, E.W. Some remarks on the relationship between the 1969 and the 1968 Vienna Conventions on the Law of Treaties. Archiv des Vôlkerrechts 25(1) 1987:82-91.

299 Law of war Abi-Saab, Georges. Wars of national liberation and the laws of war. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 125-140. Includes bibliographical references. Abi-Saab, Rosemary. The general principles of humanitarian law according to the International Court of Justice. International review of the Red Cross 27(259) July/Aug. 1987:367-375. Also available in French and Spanish. Includes bibliographical references. L'application du droit humanitaire I The application of humanitarian law (Dordrecht and Boston, Nijhoff, 1987). 106 p. 1986 session of the Centre. Text in English or French. Includes bibliographical references. Arbess, Daniel J. Nuclear deterrence and international law: some steps toward observance. Alternatives: social transformation and humane governance 12(1) January 1987:83-111. Includes bibliographical references. Blondel, Jean-Luc. Assistance to protected persons. International review of the Red Cross 27(260) September/October 1987:451-468. Includes bibliographical references. David, Eric. Dissemination of international humanitarian law at university level. International review of the Red Cross No. 257 March/April 1987:155-167. Also available in French and Spanish. Includes bibliographical references. Despot, Milivoj. Medunarodno humanitamo pravo i djeca u ratu. Jugoslovenska revija za medunarodno pravo 34(1/2) 1987:103-114. Summary in French. Includes bibliographical references. Detter Delupis, Ingrid. The law of war (Cambridge and New York, Cambridge University Press, 1987). 411 p. Bibliography: p. 367-406. Includes index. Le droit international humanitaire: problèmes actuels et perspectives d'avenir: colloque 13 et 14 décembre 1985 (Bordeaux: Institut français de droit humanitaire et des droits de l'homme, 1987). 173 p. Includes bibliographical references. Egorov, Sergei Aleksandrovich. Mezhdunarodno-pravovaia zashchita grazhdanskikh ob"ektov v period vooruzhennykh konfliktov. Sovetskii ezhegodnik mezhdunarodnogo prava 1986:174-186. Summary in English. Includes bibliographical references. Fenrick, William J. The exclusion zone device in the law of naval warfare. Canadian yearbook of international law vol. 24, 1986:91-126. Summary in French. Includes bibliographical references. Greenwood, Christopher. The concept of war in modern international law. International and comparative law quarterly 36(2) April 1987:283-306. Includes bibliographical references. Humanitarian law of armed conflict. Journal of peace research 24(3) September 1987: 213-322. Special issue. Includes bibliographies.

300 Index of international humanitarian law (Geneva, International Committee of the Red Cross, 1987). 283 p. Includes index. Jakovljevic, Bosko. The right to humanitarian assistance: legal aspects. International review of the Red Cross 27(260) September/October 1987:469-484. Includes bibliographical references. Kalshoven, Frits. Constraints on the waging of war (Geneva, International Committee of the Red Cross, 1987). 175 p. Bibliography: p. 161-165. Includes index. The law of non-international armed conflict: Protocol II to the 1949 Geneva Conventions (Dordrecht and Boston, Nijhoff, 1987). 635 p. Includes indexes. Mann, Howard. International law and the child soldier. International and comparative law quarterly 36(1) January 1987:32-57. Includes bibliographical references. Markov, V. lu. Mezhdunarodno-pravovaia zashchita neftegazovykh mestorozhdenii v period vooruzhennykh konfliktov. Sovetskii ezhegodnik mezhdunarodnogo prava 1986:187-198. Summary in English. Includes bibliographical references. Meron, Theodor. The Geneva conventions as customary law. American journal of international law 81(2) April 1987:348-370. Includes bibliographical references. Meyer, Michael A. Humanitarian action: a delicate balancing act. International review of the Red Cross 27(260) September/October 1987:485-500. Includes bibliographical references. Meyer, Michael A. Promoting principles and law. International review of the Red Cross No. 257, March/April 1987:192-199. Also available in French and Spanish. Includes bibliographical references. Miné, J. The Geneva Conventions and medical personnel in the field. International review of the Red Cross No. 257, March/April 1987:180-191. Also available in French and Spanish. Includes bibliographical references. Mulinen, Frédéric de. Law of war training within armed forces-.twenty years' experience. International review of the Red Cross No. 257, March/April 1987:168-179. Also available in French and Spanish. Includes bibliographical references. Muskhat, Roda. Is war ever justifiable? A comparative survey. Loyola of Los Angeles international and comparative law journal 9(2) 1987:227-317. Includes bibliographical references. Obradovic, Konstantin. Pribegavanje represalijamu u ratu u svetlosti savremenog prava oruzanih sukoba. Jugoslovenska revija za medunarodno pravo 34(1/2) 1987:90-102. Summary in French. Includes bibliographical references. Preux, Jean de. The protocols additional to the Geneva Conventions. International review of the Red Cross No. 258, May/June 1987:250-258. Ronzitti, Natalino. Passage through international straits in time of international armed conflict. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré; 1987). v. 2, p. 363-383. Includes bibliographical references.

301 Rowe, Peter J. Defence: the legal implications: military law and the laws of war (London and Washington: Brassey's Defence Publishers, 1987). 447 p. Includes bibliographical references and index. Sassoli, Marco. The National Information Bureau in aid of the victims of armed conflicts. International review of the Red Cross, No. 256, January/February 1987:6-24. Also available in French and Spanish. Includes bibliographical references. Tenth anniversary of the Protocols additional to the Geneva Conventions (1977-1987). International review of the Red Cross 27(258) May/June 1987:243-312. Also available in French and Spanish. Special issue. Includes bibliographical references. Thorpe, A.G.Y. Mine warfare at sea: some legal aspects of the future. Ocean development and international law 18(2) 1987:255-278. Includes bibliographical references and text of Hague Convention (Vin) (1907). Verhaegen, Jacques. Legal obstacles to prosecution of breaches of humanitarian law. International review of the Red Cross 27(261) November/December 1987:607-620. Also available in French and Spanish. Includes bibliographical references. Wilson, Heather A. Humanitarian protection in wars of national liberation. Arms control 8(1) May 1987:36-51. A reply, p. 49-51. Includes bibliographical references. Wortley, Ben Atkinson. Reflections on the sources of the law of war, in particular of the temperamenta. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 565-579. Includes bibliographical references.

Maintenance of peace Bagley, Worth H. Maintaining security in the Pacific Basin. Global affairs 11(1) winter 1987:47-57. Barakhta, P. Asian Pacific region and security in Asia. Far Eastern affairs No. 4, 1987: 47-56. Also available in Russian. Includes bibliographical references. Isselé, Jean-Pierre. Du modèle de l'ONU à la force arabe de dissuasion au Liban: thème et variation sur le maintien de la paix (Genève, Institut universitaire de hautes études internationales, 1987). 176 p. Bibliography: p. 163-176. Liu, Fou-Tchin. United Nations peace-keeping operations: their importance and their limitations in a polarized world. Comunità internazionale 42(3) 1987:336-346. Pogany, Istvan S. The Arab League and regional peacekeeping. Netherlands international law review 34(1) 1987:54-74. Includes bibliographical references. Pogany, Istvan S. The evaluation of United Nations peace-keeping operations. British yearbook of international law, vol. 57, 1986:357-369. Concerns UNOGIL. Includes bibliographical references. Rwelamira, Medard R.K. The role of international humanitarian law in internal distur- bances and tension situations: some reflections. Comparative and international law journal of Southern Africa 20(2) July 1987:175-189. Includes bibliographical references.

302 Wiseman, Henry. Peacekeeping and the management of international conflict. Background paper (Canadian Institute for International Peace and Security) No. 15, September 1987. 8 p.

Membership and representation Huldt, Bo. Aufrechte Acht und Gleichgesinnte: Schweden und die anderen skandinavischen Lander in den Vereinten Nationen. Vereinte Nationen 35(1) February 1987:14-19. Includes bibliographical references.

Most-favoured-nation clause Tontic, Milorad. Revizija GATT-a i opsteg sistema preferencijala u funkciji stvaranja novog medunarodnog ekonomskog poretka. Medunarodni problemi 38(1) Jan./Mart 1986:65-86. Includes bibliographical references. Ustor, Endre. The law of most-favoured-nation clauses, its codification: some contested issues. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 2, p. 491-503. Includes bibliographical references.

Namibia Melber, Henning. Bonns Namibia-Politik: Resolution 435, Kontaktgruppe und besondere Verantwortung: eine kritische Bestandsaufnahme. Vereinte Nationen 35(2) April 1987:45-50. Includes bibliographical references. Vigne, Randolph. SWAPO of Namibia: a movement in exile. Third World quarterly 9(1) January 1987:85-107. Includes bibliographical references.

Narcotic drugs Bellodi, Leonardo. Conferenza intemazionale sulla droga, Vienna 17-26 giugno 1987. Affari sociali internazionali 15(4) 1987:163-170. Leanza, Umberto. L'evoluzione délie norme internazionali in materia di prevenzione e di repressione del traffico illecito degli stupefacenti in alto mare. In: Le droit international à l'heure de sa codification: études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 2, p. 241-279. Includes bibliographical references. Sussmuth, Rita. Weltweite Zusammenarbeit bei der Drogenbekàmpfung: Weltdrogenkonferenz und internationale Drogenbekàmpfungsstrategie aus der Sicht der Bundesrepublik Deutschland. Vereinte Nationen 35(3) Juni 1987:81-85. United States Congress. Senate Caucus on International Narcotics Control. The UAI. Draft Convention against Ilicit Traffic in Narcotic Drugs and Psychotropic Substances: a report on the status of the draft convention, the U.S. negotiating position, and issues for the Senate (Washington, D.C., U.S.G.P.O., 1987). 89 p. Includes bibliographical references. Wiistenhagen, Ulrike B. Ja zum Leben, nein zu Drogen: ein Bericht iiber die Weltdrogenkonferenz in Wien. Vereinten Nationen und Ôsterreich 36(3/4) 1987:17-21.

303 Natural resources The Antarctic Treaty regime: law, environment and resources (Cambridge and New York, Cambridge University Press, 1987). 236 p., maps. Papers presented at an international conference held in London, 11-12 April, 1985 organized by the British Institute of International and Comparative Law. Includes bibliographical references. Baloro, John. Some international legal problems arising from the definition and application of the concept of "permanent sovereignty over wealth and natural resources" of States. Comparative and international law journal of Southern Africa 20(3) November 1987:335-352. Includes bibliographical references. Bastianelli, Fabrizio. Le potentiel minier de l'Antarctique: conditions opérationnelles et régime juridique. In: International law for Antarctica (Milan, Giuffré, 1987). p. 467-481. Includes bibliographical references. Bosco, Giorgio. Settlement of disputes under the Antarctic Treaty. In: International law for Antartica (Milan, Giuffré, 1987). p. 23-26. Includes bibliographical references. Brunner, Stefan. Article 10 of the Antarctic Treaty revisited. In: International law for Antarctica (Milan, Giuffré, 1987). p. 27-51. Includes bibliographical references. Chamey, Jonathan I. The Antarctic System and customary international law. In: International law for Antarctica (Milan, Giuffré, 1987) p. 55-99. Includes bibliographical references. De Cesari, Patrizia. The regime of scientific research. In: International law for Antarctica (Milan, Giuffré, 1987). p. 247-277. Includes bibliographical references. Essen, Alfred van der. Du système antarctique origine et développement. In: International law for Antarctica (Milan, Giuffré, 1987). p. 7-22. Includes bibliographical references. Fox, Hazel. The relevance of Antarctica to the lawyer. In: The Antarctic Treaty regime: law, environment and resources (Cambridge and New York, Cambridge University Press, 1987). p. 77-87. Includes bibliographical references. Francalanci, Giampiero. The physical configuration of Antarctica: a summary. In: International law for Antarctica (Milan, Giuffré, 1987). p. 483-495. Includes bibliographical references. Francioni, Francesco. Antarctica and the common heritage of mankind. In: International law for Antarctica (Milan, Giuffré, 1987). p 101-136. Includes bibliographical references. Francioni, Francesco. Norme convenzionali e "principi" sullo sfruttamento di spazi comuni: il caso délie risorse minerarie dell'Antartide. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 2, p. 185-216. Includes bibliographical references.

304 Gorove, Stephen. Utilization of the natural resources of the space environment in the light of the concept of common heritage of mankind. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 775-785. Includes bibliographical references. Grolin, Jesper. The question of Antarctica and the problem of sovereignity. International relations (David Davies Memorial Institute of International Studies (London)) 9(1) May 1987:39-55. Includes bibliographical references. International law for Antarctica/Omit international de l'Antarctique (Milan, Giuffré, 1987). 532 p. Includes papers of a research project financed by C.N.R. and carried out within the Universities of Siena (Institute of Public and International Law), Parma (Institute of Genera] Public Law) and Milan (Institute of Private International Law). Includes bibliographical references. Joyner, Christopher C. The Antarctic minerals negotiating process. American journal of international law 81(4) October 1987:888-905. Includes bibliographical references. Lohmeier, Gregory J. Keeping cool amidst the ice: addressing the challenge of Antarctic mineral resources. Emory journal of international dispute resolution 2(1) fall 1987: 141-171. Includes bibliographical references. Maffei, Maria Clara. New trends in the protection of whales. In: International law for Antarctica (Milan, Giuffré, 1987). p. 395-420. Includes bibliographical references. Manner, Eero J. Diversion of waters and the principle of equitable utilization: a short outline of a complex problem.. In: Liber amicorumfor the Rt. Hon. Lord Wilberforce (Oxford, Clarendon Press, 1987). p. 53-59. Includes bibliographical references. Moncayo, Guillermo R. L'utilisation de l'Antarctique à des fins pacifiques. In: International law for Antarctica (Milan, Giuffré, 1987). p. 157-185. Includes bibliographical references. Newman, E. Paul. The Antarctica Mineral Resources Convention: developments from the October 1986 Tokyo meeting of the Antarctic Treaty consultative parties. Denver journal of international law and policy 15(2/3) winter/spring 1987:421-433. Orrego Vicuna, Francisco. The Antarctic Treaty system: a viable alternative for the regulation of resource-orientated activities. In: The Antarctic Treaty regime: law, environment and resources (Cambridge and New York, Cambridge University Press, 1987). p. 65-76. Includes bibliographical references. Peterson, M.J. Antarctica: the last great land rush on earth. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 753-771. Includes bibliographical references. Pineschi, Laura. The Antarctic Treaty System and general rules of international environmental law. In: International law for Antarctica (Milan, Giuffré, 1987). p. 187-246. Includes bibliographical references. Ronzitti, Natalino. The regime of mineral resources in Antarctica. In: International law for Antarctica (Milan, Giuffré, 1987). p. 445-465. Includes bibliographical references.

305 Simma, Bruno. Le Traité antarctique: crée-t-il un régime objectif ou non? In: International law for Antarctica (Milan, Giuffré, 1987). p. 137-153. Includes bibliographical references. Tetzeli, Helena M. Allocation of mineral resources in Antarctica: problems and a possible solution. Hastings international and comparative law review 10(2) winter 1987:525-556. Includes bibliographical references. Transboundary resources law (Boulder, Colo., Westview Press, 1987). 321 p. Triggs, Gillian Doreen. The Antarctic Treaty system: some jurisdictional problems. In: The Antarctic Treaty regime: law, environment and resources (Cambridge and New York, Cambridge University Press, 1987). p. 88-1O9. Includes bibliographical references. The United Nations in Antarctica? a watching brief. In: The Antarctic Treaty regime: law, environment and resources (Cambridge and New York, Cambridge University Press, 1987). p. 229-233. Troll-Anderson, Ralph. The Antarctic scene: legal and political facts. In: The Antarctic Treaty regime :law, environment and resources (Cambridge and New York, Cambridge University Press, 1987). p. 57-64. Trombetta-Panigadi, Francesca. Antarctic icebergs and international law. In: International law for Antarctica (Milan, Giuffré, 1987). p. 421^441. Includes bibliographical references. Vidas, Davor. Pitanje Antarktika u Ujedinjenim narodima: od prvih nagovjestaja nove inicijative-1975. do neuspjeha u postizanju konsenzusa-1985. Jugoslovenska revija za medunarodno pravo 34(3) 1987:403-432. Summary in English. Includes bibliographical references. Who has the right of exploitation, and the right to prevent exploitation, of the minerals in Antarctica? Proceedings (American Society of International Law. Meeting), 79th, 1985:58-73. Contains remarks and discussion. Zakariya, Hasan S. Sovereignty over natural resources and the search for a new international economic order. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 637-646. Includes bibliographical references.

Non-governmental organizations Development alternatives: the challenge for NGOs. World development, vol. 15, supplement, autumn 1987:261 p. Special issue. Includes bibliographical references. Development NGOs. Courier No. 104, July/August 1987:50-76. Also available in French. Series of articles. Drzemczewski, Andrew. The role of NGOs in human rights matters in the Council of Europe. Human rights journal 8(2/4) 1987:273-282. Includes bibliographical references. Gohlert, Ernst W. Strategic organizations: development agencies of the future? Scandinavian journal of development alternatives 6(4) December 1987:108-122. Includes bibliographical references.

306 Lovbraek, Asbjorn. A review of international NGO work on trade and development (Bergen, Norway, Chr. Michelsen Institute, DERAP-Development Research and Action Programme, 1987). 20 leaves. Macalister-Smith, Peter. Non-governmental organizations and coordination of humanitarian assistance. International review of the Red Cross 27(260) September/ October 1987:501-508. Includes bibliographical references. Non-governmental organizations: the contribution to development. Development: seeds of change, No. 4,1987:92-121. Includes bibliographical references. Les OING demain: l'avenir des réseaux associatifs transnationaux dans l'évolution du système international: les actes d'une journée d'études UAI-FAIB, Bruxelles, 28 novembre 1986. Transnational associations: the review of international associations and meetings 39(3) mai/juin 1987:131 -194. Spécial issue. Sitaru, Dragos-Alexandru. Les organisations économiques internationales à caractère non- gouvernemental constituées dans le cadre du C.A.E.M. Revue roumaine d'études internationales 21(5) 21 septembre/octobre 1987:451-474. Includes bibliographical references. Stockhausen, Joachim von. The role of non-governmental organizations for financial markets. Savings and development 11(2) 1987:201-215. Includes bibliographical references.

Non-self-governing territories OAS. General Secretariat. Information on the constitutional evolution and socio-economic development of the non-autonomous territories in the American hemisphere and other territories in the Americas having ties with countries outside the hemisphere (Washington, D.C.: The Secretariat, 1987). 55 p. Includes bibliographical references. Slaby, Alexander. Mikronésie: ke 40. vyroci porucenské smlouvy mezi OSN a USA. Mezinârodni vztahy 22(8) 1987:58-63. Includes bibliographical references.

Outer space Abdurrasyid, Priyatna. The outer space treaty and the geostationary orbit. Annals of air and space law, vol. 12,1987:131-141. Summary in French. Includes bibliographical references. Benko, Marietta. The UN Committee on Peaceful Uses of Outer Space: adoption of principles on remote sensing of the earth from outer space and other recent developments. Zeitschrift fur Luft- und Weltraumrecht 36(1) Marz 1987:17-46. Includes bibliographical references. Bôckstiegel, Karl-Heinz. Commercial space activities: their growing influence on space law. Annals of air and space law, vol. 12, 1987:175-192. Summary in French. Includes bibliographical references. Christel, Carl Quimby. International outer space law. Space policy 3(1) February 1987:65-71. Includes bibliographical references.

307 Christel, Carl Quimby. International space law, basic principles and new directions. Annuaire de droit maritime et aéro-spatial, vol. 9, 1987:291-305. Summary in French. Includes bibliographical references. Telecommunications, outer space, and the new international information order (NIIO). In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987), p. 611-623. Includes bibliographical references. Durante, Francesco. La codificazione dei principi sull'esplorazione e 1'utilizzazione dello spazio extra-atmosferico. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987), v. 2, p. 153-166. Includes bibliographical references. Fasan, Ernst. Celestial bodies and the exploitative use of outer space. Annals of air and space law. vol. 12, 1987:227-234. Summary in French. Includes bibliographical references. Finch, Michael J. Limited space: allocating the geostationary orbit. Northwestern journal of international law and business 7(4) fall/winter 1986:788-802. Includes bibliographical references. Goedhuis, D. Legal issues involved in the potential military uses of space stations. In: Liber amicorumfor the Rt. Hon. Lord Wilberforce (Oxford, Clarendon Press, 1987). p. 23-38. Includes bibliographical references. Jacewicz, Andrzej. Problems of the militarization of space and international law. Polish yearbook of international law, vol. 14, 1985:145-171. Includes bibliographical references. Jasentuliyana, Nandasiri. Civilian and military space activities: a Third World perspective. Annals of air and space law, vol. 12, 1987:247-262. Summary in French. Includes bibliographical references. Leveau-Vallier, Edouard. La coordination de l'action des organisations spatiales européennes. Revue générale de droit international public 91(2) 1987:655-660. Includes bibliographical references. Matte, Nicolas Mateesco. The common heritage of mankind and outer space: toward a new international order for survival. Annals of air and space law, vol. 12, 1987:313-336. Summary in French. Includes bibliographical references. Menon, P.K. Prevention of an arms race in outer space. Revue de droit pénal militaire et de droit de la guerre 26(1/3) 1987:225-325. Bibliography: p. 297-304. Summaries in Dutch, French, German, Italian and Spanish. Problems and prospects of preserving outer space from arms race escalation. Nordic journal of international law 56(3) 1987:210-248. Includes bibliographical references. Pistorius, Tana. The enforceability of Article 22 of the Warsaw Convention: an anachronis- tic system? South African yearbook of international law, vol. 12, 1986/1987:50-72. Includes bibliographical references. Proceedings of the twenty-ninth Colloquium on the Law of Outer Space, October 4-11, 1986, Innsbruck, Austria. Proceedings of the 29th Colloquium on the Law of Outer Space, 1986. 298 p.

308 Rusu, Petre I. Space weapons in light of international law. Revue roumaine d'études internationales 21(6) nov./déc. 1987:569-574. Includes bibliographical references. Ryzhii, V.I. Problemy kodifikatsii i progressivnogo razvitiia mezhdunarodnogo vozdushnogo prava v oblasti bor'by s aktami nezakonnogo vmeshatel'stva v deiatel'nost' grazhdanskoi aviatsii. Sovetskii ezhegodnik mezhdunarodnogo prava 1986:160-174. Summary in English. Includes bibliographical references. Rzymanek, Jerzy. Some legal problems arising with the use of reusable space transportation systems. Polish yearbook of international law, vol. 14, 1985:173-182. Includes bibliographical references. Scheraga, Joel D. Establishing property rights in outer space. Cato journal: an interdisci- plinary journal of public policy analysis 6(3) winter 1987:889-903. Bibliography: p. 902-903. Sico, Luigi. Lineamenti di una disciplina dell'attività svolgentesi a bordo di stazioni spaziali. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 2, p. 397-411. Includes bibliographical references. Stockman, Michael I. The educational value of direct broadcasting satellites and the heightened need for international agreement. Loyola of Los Angeles international and comparative law journal 9(2) 1987:377-412. Includes bibliographical references. Szafarz, Renata. Remote sensing of the earth from outer space and the international law. Polish yearbook of international law, vol. 14, 1985:135-143. Includes bibliographical references. Theis, Achim. The international legal code for geostationary radio satellites. German yearbook of international law, vol. 29, 1986:227-251. Includes bibliographical references. Varmer, Ole. The Third World's search for equitable access to the geostationary satellite orbit. ILSA journal of international law, vol. 11, 1987:175-197. Includes bibliographical references. Vitt, Elmar. Die Gefahren der Weltraum-Triimmer: neue Entwicklungen und Erkenntnisse. ZeitschriftfurLuft- und Weltraumrecht 36(3) September 1987:249-260. Includes bibliographical references. Von Noorden, Wolf D. Space communications to aircraft: a new development in international space law (2). Journal of space law 15(2) 1987:147-160. First part of article appeared in: Journal of space law 15(1) 1987:25-34. Includes bibliographical references. Weltraumrecht: Textsammlung Law of outer space (Baden-Baden, Nomos Verlagsgesell- schaft, 1987). 825 p. Text in German or English. Williams, Sylvia Maureen. Internationa] law and the exploitation of outer space: a new market for private enterprise? In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 787-796. Includes bibliographical references. The law of outer space and natural resources. International and comparative law quarterly 36(1) January 1987:142-151. Includes bibliographical references.

309 Peaceful settlement of disputes Amankwah, H.A. International law, dispute settlement and regional organizations in the African setting. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 197-217. Includes bibliographical references. Bilder, Richard B. International dispute settlement and the role of international adjudication. Emory journal of international dispute resolution 1(2) spring 1987:131-173. Includes bibliographical references. Cheng, Bin. General principles of law as applied by international courts and tribunals (Cambridge, Grotius 1987). 490 p. Bibliography: p. 4O9-438. Includes index. Cooper, Catherine A. The management of international environmental disputes in the context of Canada-United States relations: a survey and evaluation of techniques and mechanisms. Canadian yearbook of international law, vol. 24, 1986:247-313. Summary in French. Includes bibliographical references. Hayashi, Moritaka. The dispute settlement clause of the 1986 Vienna Convention on the Law of Treaties. New York University journal of international law and politics 19(2) winter 1987:327-356. Includes bibliographical references. Jimenez de Aréchaga, Eduardo. Tentativas de reforma del Pacto de Bogota. Anuario juridico interamericano 1986:3-11. Kingue, Ngando. La sentence du 14 février 1985 du Tribunal d'arbitrage dans l'affaire de la délimitation de la frontière maritime entre la Guinée et la Guinée-Bissau. Revue générale de droit international public 91(1) 1987:45-82. Includes bibliographical references. Knezevic, Vesna. Najnoviji predlozi za poboljsanje mehanizma un za mirno resavanje medunarodnih sporova. Medunarodni problemi 37(1/2) jan./jun. 1985:97-109. Bibliography: p. 109. Kolasa, Jan. Some reflections concerning the evolution of international arbitral and judicial rules of procedure. Polish yearbook of international law, vol. 14, 1985:99-119. Includes bibliographical references. Leoro Franco, Galo. El proyecto de reformas del Comité Jurîdico Interamericano al Tratado Americano de Soluciones Pacificas (Pacto de Bogota). Anuario juridico interamericano 1986:13-37. Includes bibliographical references. Nastase, Adrian. Utilization of negotiations and consultations in the process of settlement of disputes within international economic organizations. Revue roumaine d'études internationales 21(5) 21 sept./oct. 1987:431-441. Includes bibliographical references. Oeser, Edith. Der internationale Streit: vôlkerrechtliche Regelungsbedingungen fur die Staaten (Berlin Staatsverlag der Deutschen Demokratischen Republik, 1987). 191 p. Includes bibliographical references and index. Schwebel, Stephen M. International arbitration: three salient problems (Cambridge, England, Grotius, 1987). 303 p. Includes bibliographical references. Sohn, Louis B. Peaceful settlement of disputes and international security. Negotiation journal on the process of dispute settlement 3(2) April 1987:155-166.

310 Dry, William Langer. Strengthening international mediation. Negotiation journal on the process of dispute settlement 3(3) July 1987:225-229. Wegen, Gerhard. Vergleich und klagerucknahme in internazionalen Prozess (Berlin (West), Duncker & Humblot, 1987). 484 p.

Political and security questions Akinjide, Richard O. Mercenarism and international law. In: Essays on international law: thirtieth anniversary commemorative volume (New Delhi, Secretariat of the Asian-African Legal Consultative Committee, 1987). p. 111-120. Includes bibliographical references. America-Latino y Europa en el debate estratégico mundial (Buenos Aires, Editorial Legasa, 1987). 385 p. ill. Includes bibliographical references. Awwad, Emad. Paix et sécurité en Méditerranée. Afrique et l'Asie modernes. No. 155, hiver 1987/88:77-90. Includes bibliographical references. Colard, Daniel. Le droit de la sécurité internationale (Paris et New York, Masson, 1987). 203 p. ill. Includes bibliographies. David, Eric. La guerre du Golfe et le droit international. Revue belge de droit international 20(1) 1987:153-183. Includes bibliographical references. David, Steven R. Third World coups d'état and international security (Baltimore, Md., The Johns Hopkins University Press, 1987). 191 p. Includes bibliographical references and index. De La Guardia, Ernesto. La cuestiôn de las Islas Malvinas en las Naciones Unidas. Anuario jurldico interamericano 1986:97-140. Bibliography: p. 139-140. Doxey, Margaret Pamela. International sanctions in contemporary perspective (Basingstoke, England: Macmillan, 1987). 175 p. Includes bibliographical references and index. Fischer, Horst. Vôlkerrechtliche Normenbildung und sicherheitspolitische Konzeptionen: aktuelle Rechtsquellenprobleme und die implementation gemeinsamer Sicherheit (Bochum, Federal Republic of Germany, 1987). 137 p. Includes bibliographical references. Gordon, Dennis R. The paralysis of multilateral peacekeeping: international organizations and the Falkland/Malvinas war. Peace and change 12(1/2) 1987:51-63. Includes bibliographical references. Martin, Roger. Regional security in Southern Africa: more Angolas, Mozambiques or neutrals? Survival 29(5) September/October 1987:387-402. Parkerson, John E. International legal implications of the Strategic Defense Initiative. Military law review, vol. 116, spring 1987:67-156. Includes bibliographical references. Symonides, Janusz. Prawo miedzynarodowe a utrzymanie pokoju i bezpieczenstwa. Panstwo iprawo 42(3) marz. 1987:23-36. Includes bibliographical references.

311 Tunkin, Grigorii Ivanovich. Sozdanie vseob"emliushchei sistemy mezhdunarodnoi bezopasnosti i mezhdunarodnoe pravo. Sovetskii ezhegodnik mezhdunarodnogo praval986:ll-32. Summary in English. Includes bibliographical references. Vseob"emliushchaia sistema mezhdunarodnoi bezopasnosti i mezhdunarodnoe pravo (Moskva, Institut gosudarstva i prava AN SSSR, 1987). 123 p. Includes bibliographical references.

Progressive development and codification of international law (in general) Abi-Saab, Georges. The development of international law by the United Nations. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 221-229. Includes bibliographical references. Andem, Maurice N. Some reflections on the 1986 ILA Declaration on the Progressive Development of Principles of Public International Law Relating to a New International Economic Order. Kamainoikeus ius gentium 4(1/2) 1987:1-28. Includes bibliographical references. Bos, Maarten. Aspects phénoménologiques de la codification du droit international public. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). vol. 1, p. 141-152. Includes bibliographical references. Castello Cruz, Luiz Dilermando de. O desenvolvimento e a codificaçao do direito intemacional privado na Terceira Conferencia Especializada Interamericana sobre Direito Intemacional Privado. Anuario juridico interamericano 1985:57-111. Includes bibliographical references. Conetti, Giorgio. Gli organi per la codificazione progressiva del diritto intemazionale nella Société délie Nazioni. In: Le droit international à l'heure de sa codification: études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 231-246. Includes bibliographical references. Degan, Vladimir-Djuro. Rezolucije Generalne skupstine UN i progresivni razvoj opceg obicajnog medunarodnog prava. M edunarodni problemi 37(3/4) 1985:227-240. Includes bibliographical references. Dehaussy, Jacques. Travaux de la Commission du droit international. Annuaire français de droit international, vol. 32, 1986:558-569. Includes bibliographical references. Diez de Velasco Vallejo, Manuel. Législation et codification dans le droit international actuel. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 247-259. Includes bibliographical references. Dupuy, René-Jean. La codification du droit international a-t-elle encore un intérêt à l'aube du troisième millénaire? In: Le droit international à l'heure de sa codification; études en /' honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 261-271. Includes bibliographical references. Fois, Paolo. La funzione degli accordi di codificazione nella formazione dello jus cogens. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 287-306. Includes bibliographical references.

312 Giuliano, Mario. La carta dei diritti e doveri economic! degli stati: un tentative improprio di codificazione del diritto internazionale. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 2, p. 217-227. Includes bibliographical references. Lachs, Manfred. La diplomatie par les conférences et le droit. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987).v. 1, p. 331-340. Includes bibliographical references. Leyendecker, Roberto Socini. À propos de la codification du droit des traités des organisations internationales. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 2, p. 413-429. Includes bibliographical references. McCaffrey, Stephen C. The thirty-eighth session of the International Law Commission. American journal of international law 81(3) July 1987:668-681. Includes bibliographical references. Miinch, Fritz. La codification inachevée. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 373-385. Includes bibliographical references. Quentin-Baxter, Robert Q. The International Law Commission. Victoria University of Wellington law review, vol. 17, February 1987:1-16. Rudolf, Walter. Technological development and codification of international law. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 433-453. Includes bibliographical references. Sarin, Manohar L. The Asian-African states and the development of international law. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 33-51. Includes bibliographical references. Scovazzi, Tullio. Consideraziom sui rapporti tra forma e sostanza délie norme di un trattato di codificazione. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 455-466. Includes bibliographical references. Sette-Camara, José. The International Law Commission: discourse on method. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 467-502. Includes bibliographical references. Sinclair, Ian. The International Law Commission (Cambridge, England, Grotius, 1987). Includes bibliographical references and index. Villani, Ugo. Osservazioni sulla soluzione delle controversie nelle convenzioni di codificazione del diritto internazionale. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 3, p. 497-521. Includes bibliographical references. Zemanek, Karl. Codification of international law: salvation or dead end? In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 1, p. 581-601. Includes bibliographical references.

313 Recognition of States Dugard, John. Recognition and the United Nations (Cambridge, England, Grotius, 1987). Includes bibliographical references. Jones, David Lloyd. Recognition of states and governments: Republic of Ciskei. Cambridge law journal 46(pt. 1) March 1987:7-9. Richardson, Henry J. The obligation to withdraw recognition from Pretoria as the government of South Africa. Temple international and comparative law journal 1(2) spring 1987:153-178. Includes bibliographical references.

Refugees Hailbronner, Kay. Das Refoulement-Verbot und die humanitaren Fliichtlinge im Volkerrecht. Zeitschrift fur Auslànderrecht und Auslànderpolitik 7(1) 15 February 1987:3-11. Includes bibliographical references. Rowland, Todd. A comparative analysis of the changing definition of a refugee. New York Law School journal of human rights 5(1) fall 1987:33-70. Includes bibliographical references. Hyndman, Patricia. The 1951 Convention definition of refugee: an appraisal with particular reference to the case of Sri Lankan Tamil applicants. Human rights quarterly 9(1) February 1987:49-73. Includes bibliographical references. Klemt, Georg. Die Vereinten Nationen und das Weltfliichtlingsproblem: Empfehlungen einer Regierungs-Expertenkommission. AWR bulletin 25(1) 1987:35-37. Kravitz, Ronald S. Beyond asylum and withholding of deportation: a framework for relief under Geneva Convention IV of 1949. Temple international and comparative law journal 1(2) spring 1987:263-293. Includes bibliographical references. Kuruk, Paul. Refugeeism, a dilemma in international human rights: problems in the legal protection of refugees in West Africa. Temple international and comparative law journal 1(2) spring 1987:179-229. Includes bibliographical references. Lee, Luke T. Toward a world without refugees: the United Nations Group of Governmental Experts on International Co-operation to Avert New Flows of Refugees. British yearbook of international law, vol. 57,1986:317-336. Includes bibliographical references. The UN Group of Governmental Experts on International Co-operation to Avert New Flows of Refugees. (2). American journal of international law 81(2) April 1987:442-444. First part of article appeared in: American journal of international law 78(2) April 1984. Includes bibliographical references. Luca, Donatella. La notion de "solution" au problème des réfugiés: un essai de définition. Revue de droit international, de sciences diplomatiques et politiques 65(1) janvier/ mars 1987:1-34. Includes bibliographical references.

314 Oeter, Stefan. Fliïchtlinge aus Biirgerkriegssituationen: ein ungelôstes Problem des Asylrechts. Zeitschrift fiir auslàndisches ôffentliches Recht und Vôlkerrecht 47(3) 1987:559-580. Summary in English. Includes bibliographical references. Petersen, Michael. The refugee problem of today: is there a need for a new approach? In: Essays on international law: thirtieth anniversary commemorative volume (New Delhi, Secretariat of the Asian-African Legal Consultative Committee, 1987). p. 103-110. The refugee problem on universal, regional and national level (Thessaloniki, Greece: Institute of International Public Law and International Relations of Thessaloniki, 1987). 1022 p. ill. Text in English or French. Includes bibliographical references. Willems, John S. From Treblinka to the killing fields: excluding persecutors from the definition of "refugee". Virginia journal of international law 27(4) summer 1987: 823-864. Concerns the United States. Includes bibliographical references.

Right of asylum Burtscher, Wolfgang. Die Fliichtlingsfrage in ihrer europàischen Dimension. AWR bulletin 25(1) 1987:41 -52. Includes bibliographical references. Del Bérgiolo, Fabio. L'asilo diplomatico: considerazioni sulla sua natura giuridica. Comunita internazionale 42(4) 1987:492-505. Includes bibliographical references.Translated from English. Gomig, Gilbert-Hanno. Das Refoulement-Verbot im Vôlkerrecht (Wien, W. Braumiiller, 1987). 108 p. Bibliography: p. 101-108. The law of asylum and refugees: present tendencies and future perspectives. Proceedings (Colloquy on European law). 16th, 1986:169 p. Includes bibliographical references. Mbaya, Etienne-Richard. Political asylum in the Charter of the OAU: pretensions and reality. Law and state, vol. 35, 1987:63-81. Includes bibliographical references. Rossitto, Angela M. Diplomatic asylum in the United States and Latin America: a comparative analysis. Brooklyn journal of international law 13(1) 1987:111-135. Includes bibliographical references.

Rule of law Jennings, Robert Y. The judicial function and the rule of law in international relations. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré. 1987). v. 3, p. 139-151. Includes bibliographical references. La Pergola, Antonio. Poder exterior y estado de derecho: el constitucionalista ante el derecho internacional (Salamanca, Ediciones Universidad de Salamanca, 1987). 176p. Includes bibliographical references. Reshetov, lurii Aleksandrovich. Sovremennyi mezhdunarodnyi pravoporiadok. Sovetskii ezhegodnik mezhdunarodnogo prava 1986:97-107. Summary in English. Includes bibliographical references.

315 Self-defence Dore, Isaak Ismail. The United States, self-defense and the U.N. Charter: a comment on principle and expediency in legal reasoning. Stanford journal of international law 24(1) fall 1987:1-19. Includes bibliographical references. Feder, Norman Menachem. Reading the U.N. Charter connotatively: toward a new definition of armed attack. New York University journal of international law and politics 19(2) winter 1987:395-432. Includes bibliographical references. Genoni, Maurizio A.M. Die Notwehr im Vôlkerrecht (Zurich, Schulthess Polygraphischer Verlag, 1987). 232 p. Bibliography: p. xi-xxvi. Higginbotham, F. Michael. International law, the use of force in self-defense, and the Southern African conflict. Columbia journal of transnational law 25(3) 1987:529-592. Includes bibliographical references. Schachter, Oscar. Self-judging self-defense. Case Western Reserve journal of international law 19(2) spring 1987:121-127. Includes bibliographical references. Zedalis, Rex J. Preliminary thoughts on some unresolved questions involving the law of anticipatory self-defense. Case Western Reserve journal of international law 19(2) spring 1987:129-175. Includes bibliographical references.

Self-determination Are indigenous populations entitled to international juridical personality? Proceedings (American Society of International Law. Meeting), 79th, 1985:189-208. Contains remarks and discussion. Blay, Samuel Kwaw Nyameke. Self-determination in Cyprus: the new dimensions of an old conflict. Australian yearbook of international law, vol. 10, 1987:67-100. Includes bibliographical references. Ghozali, Nasser-Eddine. Droits des peuples et droits de l'homme: les implications démocra- tiques des droits des peuples à disposer d'eux-mêmes. Revue algérienne des sciences juridiques, économiques et politiques 25(1) mars 1987:7-16. Text in French and Arabie. Includes bibliographical references. Hirayasu, Naomi. The process of self-determination and Micronesia's future political status under international law. University of Hawaii law review 9(2) 1987:487-532. Morris, Glenn T. In support of the right of self-determination for indigenous peoples under international law. German yearbook of international law, vol. 29, 1986:277-316. Concerns native Americans. Includes bibliographical references. Mushkat, Roda. The international legal status of Hong Kong under post-transitional rule. Houston journal of international law 10(1) autumn 1987:1-24. Includes bibliographical references. Nikolaiko, Igor' Vladimirovich. Stanovlennia pryntsypu "pravo na rozvytok" u mizhnar- odnomu pravi. Radians'ke pravo. No. 1, 1987:66-70. Includes bibliographical references. Opitz, Peter J. The United Nations and the emancipation of the Third World. Law and state, \o\. 35,1987:7-21. Includes bibliographical references.

316 Roy Choudhury, Subrata. The status and norms of self-determination in contemporary international law. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 87-99. Includes bibliographical references. Sanchez, Miguel Antonio. Self-determination and the Falkland Islands dispute. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 101-124. Includes bibliographical references. Serapiao, Luis Benjamin. International law and self-determination: the case of Eritrea. Issue: ajournai of opinion, vol. 15, 1987:3-8. Includes bibliographical references. Thiirer, Daniel. The right of self-determination of peoples. Law and state, vol. 35, 1987:22-39. Wesley-Smith, Peter. Settlement of the question of Hong Kong. California Western international law journal 17(1) winter 1987:116-132. Includes bibliographical references.

Social defence Bienkowska, Ewa. Deklaracja ONZ o podstawowych zasadach sprawiedliwosci dla ofiar przestepstw i naduzyc wladzy. Panstwo iprawo 42(6) czerw. 1987:88-96. Includes bibliographical references. Simon, Denys. La responsabilité de l'administration nationale en cas de violation du droit communautaire. Revue du Marché Commun, No. 305, mars 1987:165-174. Includes bibliographical references.

State responsibility Barren, Jillian. After Chernobyl: liability for nuclear accidents under international law. Columbia journal of transnational law 25(3) 1987:647-672. Includes bibliographical references. Draetta, Ugo. I "consequential damages" nella prassi dei contratti intemazionali. Diritto Comunitario e degli Scambi Intemazionali 26(1/2) 1987:57-69. Die Durchsetzung vôlkerrechtlicher Verpflichtungen: Kolloquim anlàsslich des 600 jàhrigen Bestehens der Universitat Heidelberg, 22 und 23 September 1986. The enforcement of international obligations: Colloquium in Commemoration of the 600th Anniversary of the University of Heidelberg, 22 and 23 September 1986. Zeitschrift fur auslandisches ôffentliches Recht und Vôlkerrecht 47( 1 ) 1987:1 -137. Series of articles. Articles in English, or in German with summaries in English. Includes bibliographical references. Kalamkarian, Ruben Amaiakovich. luridicheskie posledstviia pravomernogo povedeniia gosudarstv (Moskva, Nauka, 1987). 126 p. Includes bibliographical references. Malviya, R.A. State responsibility for environmental damage beyond terriorial limits: a legal analysis. Indian journal of international law 27(1) January/March 1987:30-49. Includes bibliographical references. Panico, Giuseppe. Responsabilité internazionale degli stati per violazione di obbligazioni assunte verso soggetti privati stranieri in contratti di investimento "denazionalizza- ti". In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 3, p. 249-300. Includes bibliographical references.

317 Paust, Jordan J. The link between human rights and terrorism and its implications for the law of State responsibility. Hastings international and comparative law review 11(1) fall 1987:41-54. Includes bibliographical references. Pinto-Dobernig, Use R. Liability for the harmful consequences of instances of transfrontier pollution not prohibited by international law. Ôsterreichische Zeitschrift fur ôffentliches Recht und Vôlkerrecht 38(1/3) 1987:79-133. Bibliography: p. 128-133. Quigley, John. Complicity in international law: a new direction in the law of State responsibility. British yearbook of international law, vol. 57, 1986:77-131. Includes bibliographical references. Responsabilité internationale (Paris, Pedone, 1987). 235 p. Includes bibliographical references. Rigaux, François. Le crime d'état: réflexions sur l'article 19 du projet d'articles sur la responsabilité des états. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 3, p. 301-325. Includes bibliographical references. Salmon, Jean J.A. La place de la faute de la victime dans le droit de la responsabilité internationale. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 3, p. 371-399. Includes bibliographical references. Seidl-Hohenveldern, Ignaz, Responsibility of member states of an international organization for acts of that organization. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 3, p. 415-428. Includes bibliographical references. Taishoff, Marika Natasha. State responsibility and the direct broadcast satellite (London and New York, F. Pinter, 1987). 203 p. Bibliography: p. 183-197. Includes index. United Nations codification of State responsibility (Dobbs Ferry, N.Y., Oceana, 1987). 418 p. Bibliography: p. 395-409. Includes index. Vadapalas, V.A. Realizatsiia otvetstvennosti gosudarstv za mezhdunarodnye prestupleniia: problema individual 'nykh otvetnykh mer. Pravovedenie, No. 4, iiul'/avg. 1987:26-33. Summary in English. Includes bibliographical references.

State sovereignty Anand, Ram Prakash. Sovereign equality of states in international law. Recueil des cours (Hague Academy of International Law), vol 197, 1986:9-228. Bibliography: p. 221-228. Amaiz Amigo, Aurora. Del estado y su derecho (Mexico, Miguel Angel Porrua, 1987). 291 p. Includes bibliographies. Brownlie, Ian. Contemporary problems concerning the jurisdictional immunity of States/ Les aspects récents de l'immunité de juridiction des États. Institute of International Law, Yearbook 62(pt. 1) 1987:13-158. Annex includes comments. Cansacchi, Giorgio. Sovranità e diritti sovrani. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). p. 187-196. Includes bibliographical references.

318 Damrosch, Lori Fisler. Foreign states and the Constitution. Virginia law review 73(3) April 1987:483-558. Includes bibliographical references. Delaume, Georges René. Sovereign immunity and transnational arbitration. In: Contempo- rary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 313-322. Includes bibliographical references. Flitan, Constantin. Les immunités de juridiction des états et de leurs biens. Revue roumaine d'études internationales 21(2) mars/avril 1987:151-156. Fox, Hazel. Sovereign immunity and arbitration. In: Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 323-331. Includes bibliographical references. Gutierrez Posse, Hortensia. Inmunidad de estado. Derecho comparado (6) 1987:121-134. Guyot, Daniel. Immunité des navires d'État: les thèses en présence. Droit maritime français 39(463) juil./août 1987:405-416. Includes bibliographical references. Herdegen, Matthias. Die Achtung fremder Hoheitsrechte aïs Schranke nationaler Strafgewalt. Zeitschrift fur auslàndisches ôffentliches Recht und Vôlkerrecht 47(2) 1987:221-242. Summary in English. Includes bibliographical references. Jackson, Robert H. Quasi-states, dual regimes, and neoclassical theory: international jurisprudence and the Third World. International organization 41(4) autumn 1987:519-549. Includes bibliographical references. Koskenniemi, Martti. Sovereignty: prolegomena to a study of the structure of international law as discourse. Kansainoikeus ius gentium 4(1/2) 1987:71-106. Includes bibliographical references. Krafft, Mathias-Charles. La Convention européenne sur l'immunité des états: aperçu de quelques développements récents de la jurisprudence du Tribunal fédéral. SchweizerischesJahrbuchfur internationales Recht, vol. 42, 1986:16-26. Concerns Switzerland. Includes bibliographical references. Siegrist, Dave. Hoheitsakte auffremdem Staatsgebiet (Zurich, Schulthess Polygraphischer Verlag, 1987). 231 p. Thesis (doctoral), Universitat Zurich. Bibliography: p. xxiii-xxxiii. Simma, Bruno. La inmunidad de los estados. Derecho comparado (6) 1987:107-120. Trooboff, Peter D. Foreign State immunity: emerging consensus on principles. Recueil des cours (Hague Academy of International Law), vol. 200, 1986:235-431. Bibliography: p. 429-431.

State succession Czaplinski, Wladyslaw. Konwencja wiedenska o sukcesji panstw w odniesieniu do mienia panstwowego, archiwow i dlugow panstwowych. Panstwo i Prawo 42(9) 1987:86-96. Makonnen, Yilma. State succession in Africa: selected problems. Recueil des cours (Hague Academy of International Law), vol. 200, 1986:93-234. Includes bibliographical references.

319 Menon, P.K. Succession of States in respect of State archives with particular reference to the 1983 Vienna Convention. Revue de droit international, de sciences diplomatiques et politiques 65(1) janvier/mars 1987:35-56. Includes bibliographical references. Technical cooperation Abolikhina, G. Novye formy sotrudnichestva stran SEV. Voprosy ekonomiki, No. 10, okt. 1987:81-89. Anufrieva, Liudmila Petrovna. Sotrudnichestvo v oblasti nauki i tekhniki mezhdu sotsial- isticheskimi i razvivaiushchimisia stranami: pravovye voprosy (Moskva, Nauka, 1987). 173 p. Includes bibliographical references. Ciencia y tecnologia: nueve ensayos. Comercio exterior (Banco Nacional de Comercio Exterior (Mexico)) 37(12) die. 1987:985-1082. Special issue. Concerns Latin America. Includes bibliographical references. La coopération multilatérale francophone: conferences et débats (Paris, Economica, 1987). 377 p. Millier, Manfred. Wissenschaft und Technik: Zusammenarbeit im RGW: rechtliche Regelung. (Berlin, Staatsverlag der Deutschen Demokratischen Republik, 1987). 169 p. Includes bibliographical references. Neustupnâ, Ludmila. Kodifikace mezinârodniho prevodu technologie. Prâvnik 126(2/3) 1987:156-172. Includes bibliographical references. Vitzthum, Wolfgang. Technologie transfer und Technologieembargo in Vôlkerrecht. ORDO: Jahrbuchfiir die Ordnung von Wirtschaft und Gesellschaft, Bd. 38 1987:233-263. Summary in English. Bibliography: p. 258-261. Vitzthum, Wolfgang Graf. Transfer of technology and public international law. Law and state, vol. 36, 1987:95-118. Includes bibliographical references. Trade and development Bedjaoui, Mohammed. Propos libres sur le droit au développement. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Chiffré 1987). v. 2, p. 15-44. Includes bibliographical references. Bettnik, H.W. Wefers. Open registry, the genuine link and the 1986 Convention on Registration Conditions for Ships. Netherlands yearbook of international law, vol. 18, 1987:69-119. Includes bibliographical references. Boguslavskii, Mark Moiseevich. Pravovye aspekty mezhdunarodnoi ekonomicheskoi bezopasnosti. Sovetskii ezhegodnik mezhdunarodnogo prava 1986:65-77. Summary in English. Includes bibliographical references. Daltung, Sonja. Potential fleet redistributions of the Code of Conduct for Liner Conferences. Maritime policy and management 14(1) January/March 1987:63-70. Elias, Taslim Olawale. The United Nations and law in development. In.-Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Chiffré, 1987). v. 2, p. 167-184. Includes bibliographical references.

320 Jacobs, Brenda A. Renewal and expansion of the multifiber arrangement. Law and policy in international business 19(1) 1987:7-50. Includes bibliographical references. Khavand, F.-A. Droit international des textiles et pays en développement. Revue générale de droit international public 91(4) 1987:1241-1278. Includes bibliographical references. Oribe Stemmer, Juan E. A new economic order for postwar shipping and the liner conference system: the International Maritime Conference, 1948. Maritime policy and management 14(1) January/March 1987:5-26. Includes bibliographical references. Romanelli, Gustavo. Codice UNCTAD e accordi bilateral!: problemi giuridici attuali. Diritto marittimo 89(1) genn./mar. 1987:34-45. Seidl-Hohenveldern, Ignaz. Subrogation under the MIGA Convention. ICSID review 2(1) spring 1987:111-121. Includes bibliographical references. Soltysinski, Stanislaw J. Choice of law and choice of forum in transnational transfer of technology transactions. Recueil des cours (Hague Academy of International Law) vol. 196,1986:239-383. Bibliography: p. 381-383. UNCTAD: current legislative activities. In: Third World attitudes towards international law (Dordrecht and Boston, Nijhoff, 1987). p. 397-406. Includes bibliographical references.

Trusteeship Kurochkin, Oleg. New wanton action on the international scene. International affairs: a monthly journal of political analysis, No. 2, February 1987:105-109, 118. Concerns Micronesia.

Use of force Bluth, Christoph. The British resort to force in the Falklands/Malvinas conflict 1982: international law and just war theory. Journal of peace research 24 ( 1 ) March 1987:5-20. Bibliography: p. 19-20. Elias, Taslim Olawale. The General Assembly and the problems of enhancing the effectiveness of the non-use of force in international relations. In: Liber amicorum for the Rt. Hon. Lord Wilberforce (Oxford, Clarendon Press, 1987). p. 13-21. Includes bibliographical references. Genov, Ivan. Sootnoshenle prava i sily v mezhdunarodnykh otnosheniiakh. Sovetskoe gosudarstvo ipravo, No. 6, iiun' 1987:93-100. Includes bibliographical references. Gutierrez Espada, Cesâreo. El estado de necesidady el uso de lafuerza en derecho internacional: reflexiones sobre la interpretaciôn y consecuencias que pueden derivarse, en tal materia, de la aceptacion por la CDI del estado de necesidad (Madrid, Tecnos, 1987). 139 p. Includes bibliographical references and index. Paasche, Franz W. The use of force in combatting terrorism. Columbia journal of transnational law 25(2) 1987:377-402. Includes bibliographical references.

321 Tunkin, Grigorii Ivanovich. Printsip neprimeneniia sily v sovremennuiu epokhu. Sovetskoe gosudarstvo ipravo, No. 9, sent. 1987:98-106. Includes bibliographical references. Turk, Danilo. O nekim savremenim medunarodnim aspektima problema primene sile u medunarodnim odnosima. Jugoslovenska revija za medunarodno pravo 34(1/2) 1987:43-69. Summary in English. Includes bibliographical references. Turner, Robert F. International law, the use of force, and reciprocity: a comment on Professor Higgins* overview. Atlantic Community quarterly 25(2) summer 1987: 160-174. Includes bibliographical references. Zanardi, Pierluigi Lamberti. Aggressione armata indiretta ed elemento soggettivo dell' illecito internazionale. In: Le droit international à l'heure de sa codification; études en l'honneur de Roberto Ago (Milan, Giuffré, 1987). v. 3, p. 153-165. Includes bibliographical references.

C. INTERGOVERNMENTAL ORGANIZATIONS RELATED TO THE UNITED NATIONS

Food and Agriculture Organization of the United Nations Talbot, Ross B. Who governs the Rome food agencies? Food policy 12(4) November 1987:349-364. Includes bibliographical references. General Agreement on Tariffs and Trade Adlung, Rudolf. GATT and the "Uruguay Round". Intereconomics 22(1) January/ February 1987:14-20. Includes bibliographical references. Arbeitsgemeinschaft deutscher wirtschaftswissenschaftlicher Forschungsinstitut, Mitgliederversammlung (50th, 1987, Bonn). Die Neuordnung des GATT: Regelnfiir den weltwirtschaftlichen Strukturwandel und Technologietransfer (Berlin, Duncker &Humblot, 1987). 221 p. Text in German or English. Includes bibliographical references. Benisty, Monique. Le GATT pour quoi faire? Politique étrangère 52(2) été 1987:425-433. Summary in English. Includes bibliographical references. Bliss, Julia Christine. GATT dispute settlement reform in the Uruguay round: problems and prospects. Stanford journal of international law 23(1) spring 1987:31-55. Includes bibliographical references. Borchmann, Michael. GATT-Auftakt zu einer neuen Welthandelsrunde. Recht der International Wirtschaft; Aussenwirtschaftsdienst des Betriebs-Beraters 33(6) Juni 1987:444-448. Includes bibliographical references. Fischer-Zernin, Justus. GATT versus tax treaties? the basic conflicts between international taxation methods and the rules and concepts of GATT. Journal of world trade law 21(3) Jun 1987:39-62. Includes bibliographical references. Gibbs, John Murray. The Uruguay Round and the international trading system. Journal of world trade law 21(5) October 1987:5-12. Greig, David. The GATT and multilateral trade negotiations. The Australian quarterly 59(3/4) 1987:305-321.

322 Hudec, Robert E. Developing countries in the GATT legal system (Aldershot, England, and Brookfield, Vt., Grower for the Trade Policy Research Centre, 1987). 259 p. Bibliography: p. 236-250. Ingersoll, Shaun A. Current efficacy of the GATT dispute settlement process. Texas international law journal 22(1) winter 1987:87-108. Includes bibliographical references. Jackson, John Howard. GATT and recent international trade problems. Maryland journal of international law and trade 11(1) spring 1987:1-12. Mounteer, Thomas R. The General Agreement on Tariffs and Trade (GATT) and the Law of the Sea (LOS) Convention: a critical comparison of arbitration provisions. International lawyer 21(4) fall 1987:989-1012. Includes bibliographical references. Pendovska-Pavjanska, Vesna. Odnosot na GATT (Opshta Spogodba za Trgovija i Tsarini) sprema vontsarinskata zashtita/General agreement on tariffs and trade in relation to non-tariff protection. Godishnik na Pravniot Fakultet vo SkopjeIAnnuaire de la Fakulté de Droit de Skopje 32 1987:443-454. Summary in English. Plank, Rosine. An unofficial description of how a GATT panel works and does not. Journal of international arbitration 4(4) December 1987:53-102. Includes bibliographical references. Roessler, Frieder. The competence of GATT. Journal of world trade law 21(3) June 1987:73-83. Includes bibliographical references.

International Atomic Energy Agency Adede, Andronico Oduogo. The IAEA notification and assistance conventions in case of a nuclear accident: landmarks in the multilateral treaty-making process (London, Graham & Trotman: Dordrecht and Boston, M. Nijhoff, 1987). 208 p. Bibliography: p. 203. Includes index. Anastasov, Angel. Mezhdunarodnopraven rezhim za bezopasno ispolzuvane na iadrenata energiia za mirni tseli. Pravna mis" 131(3) 1987:105-112. Includes bibliographical references. Barkenbus, Jack N. Nuclear power safety and the role of international organization. International organization 41(3) summer 1987:475-490. Includes bibliographical references. Clayton, Stuart F. The International Atomic Energy Agency: an expanding role in the post-Chernobyl world. North Carolina journal of international law and commercial regulation 12(2) spring 1987:269-275. Includes bibliographical references. Mezhdunarodnoe atomnoe pravo (Moskva, Nauka, 1987). 397 p. Includes bibliographical references. Pelzer, Norbert. The impact of the Chernobyl accident on international nuclear energy law. Archiv des Vôlkerrechts 25(3) 1987:294-311. Includes bibliographical references. Scheinman, Lawrence. The International Atomic Energy Agency and world nuclear order (Washington, D.C., Resources for the Future, 1987). 320 p. il 1. Includes bibliographical references and index.

323 Tornetta, Vincenzo. Le verifiche subli armamenti. Affari esteri 19(74) primavera 1987: 220-234. Includes bibliographical references.

International Civil Aviation Organization Dempsey, Paul Stephen. The role of the International Civil Aviation Organization on deregulation, discrimination, and dispute resolution. Journal of air law and commerce 52(3) spring 1987:529-583. Includes bibliographical references. Faller, Edmund. Current legal activities in ICAO: development of a legal instrument for the suppression of unlawful acts of violence at airports serving international civil avaition. Zeitschrifi fur Luft- und Weltraumrecht 36(3) September 1987:219-228. Appendix contains draft text. FitzGerald, Gerald F. ICAO and the joint financing of certain air navigation services. Annals of air and space law, vol. 12, 1987:33-63. Summary in French. Bibliography: p. 61. First part of article appeared in: Annals of air and space law, vol. 11, 1986. Milde, Michael. Legal aspects of future air navigation systems. Annals of air and space law, vol. 12, 1987:87-100. Summary in French. Includes bibliographical references. Rouvroy, Koen. Het Benelux-Oostenrijks-Zwitserse kantoor bij de ICAO: een proeve van gezamelijke diplomatie. Internationale spectator 41(4) apr. 1987:208-213. Summary in English. Includes bibliographical references. Verwer, Christiaan P. Liability for damage to luggage in international air transport (Deventer and Boston, Kluwer, 1987). 217 p. Bibliography: p. xix-xxvii. Includes bibliographical references and index.

International Labour Organization Brinkmann, Gisbert. Ausgleich zwischen Beweglichkeit und Starrheit: die Verfassungsreform der Internationalen Arbeitsorganistation (ILO). Vereinte Nationen 35(3) Juni 1987:93-98. Includes bibliographical references. Ghebali, Victor-Yves. L'Organisation internationale du travail (OIT) (Geneve, Georg Editeur, 1987). 332 p. ill. Bibliography: p. 321-332. ILO work on advanced biotechnologies and employment. Development: seeds of change, No. 4, 1987:77. Includes bibliographical references. Laporte, Didier. l'Organisation internationale du travail et le dette du Tiers monde. Défense nationale, vol. 43, avril 1987:45-61. Rens, Jef. Le programme andin : contribution de l'OIT à un projet-pilote de coopération technique multilatérale (Bruxelles, Bruylant, 1987). 166 p. ill. Bibliography: p. 163-164. Ruzié, David. Jurisprudence du tribunal administratif de l'Organisation internationale du travail. Annuaire français de droit international, vol. 32, 1986:371-400. Includes bibliographical references.

324 West, James M. South Korea's entry into the International Labor Organization: perspectives on corporatist labor law during a late industrial revolution. Stanford journal of international law 23(2) summer 1987:477-546. Includes bibliographical references.

International Maritime Organization Andren, Leif. Activities of the International Maritime Organization (IMO) of relevance to co-operation for the protection of the marine environment in the Mediterranean Sea. Etudes internationales (Association des études internationales (Tunis)), No. 25, dec. 1987:46-60. Includes bibliographical references. Die Internationale Seeschiffahrtsorganisation (Berlin, Staatsverlag der Deutschen Demokratischen Republik, 1987). 233 p. Includes bibliographical references and index. Pelletier, Bruno. De la piraterie maritime. Annuaire de droit maritime et aéro-spatial, vol. 9, 1987:217-235. Includes bibliographical references.

International Monetary Fund Buira, Ariel. El ajuste con crecimiento y la funciôn del Fondo Monetario Internacional. Boletin (Centra de Estudios Monetarios Latinoamericanos (Mexico City)), 33(2) marzo/abril 1987:66-78. Bibliography: p. 77-78. Ground, Richard L. El sesgo recesivo de las politicas de ajuste del Fondo Monetario Internacional. Trimestre econômico 54( 1 ) enero/marzo 1987:43-74. Includes bibliographical references. Kirkpatrick, Colin H. The IMF, structural adjustment and the develping countries. Also issued as an article, available in: Development & international cooperation 3(4) June 1987. 21 p. ill. Includes bibliographical references. Kranz, Jerzy. Le droit du Fonds monétaire international et les affaires internes des pays membres. German yearbook of international law, vol. 29, 1986:111-136. Includes bibliographical references. Lichtenstein, Cynthia C. The battle for international bank accounts: restrictions on international payments for political ends and Article VIII of the Fund Agreement. New York University journal of international law and politics 19(4) summer 1987:981-992. Includes bibliographical references. Mukhoti, Bela. The International Monetary Fund and low-income countries (Washington, D.C., United States Department of Agriculture, 1987). 42 p. Bibliography: p. 36-37. Pastor, Manuel. The effects of IMF programs in the Third World: Debate and evidence from Latin America. World development 15(2) February 1987:249-262. Bibliography: p. 261-262. The International Monetary Fund and Latin America: economic stabilization and class conflict (Boulder, Colo., Westview Press, 1987). 228 p. ill. Bibliography: p. 209-219. Includes index.

325 Schoenholtz, Andrew I. The I.M.F. in Africa: unnecessary and undesirable Western restraints on development. Journal of modern African studies 25(3) September 1987:403-433. Includes bibliographical references. Stewart, Frances. Back to Keynesianism: reforming the IMF. World policy journal 4(3) summer 1987:465-483. Includes bibliographical references. Trubitt, Brian. International Monetary Fund conditionality and options for aggrieved Fund members. Vanderbilt journal of transnational law 20(4) October 1987:665- 697. Includes bibliographical references. International Telecommunication Union Doyle, Stephen E. Regulating the geostationary orbit: ITU's WARC-ORB: '85-'88. Journal of space law 15(1) 1987:1-23. Includes bibliographical references. Hoven van Genderen, Robert van den. Recent developments in telecommunications law. Netherlands international law review 34(2) 1987:219-236. Includes bibliographical references. Jakhu, Ram S. The ITU regulatory framework for satellite communications: an analysis of Space WARC 1985. International journal 42(2) spring 1987:276-288. Includes bibliographical references. Joubert, Miranda. International law and the ordering of direct broadcasting from satellites. South African yearbook of inter national law, vol. 12, 1987:29-49. Includes bibliographical references. Lauria- White, Rita. The law and regulation of international space communication (Boston, Artech House, 1987). 309 p. Bibliography: p. 273-280. Includes index. Matte, Nicolas Mateesco. Global satellite telecommunications: the end of a dream? In: Liber amicorum for the Rt. Hon. Lord Wilberforce (Oxford, Clarendon Press, 1987). p. 61-75. Includes bibliographical references. Matte, Nicolas Mateesco. Un système mondial de télécommunications par satellite : un rêve qui s'achève? Annuaire de droit maritime et aéro-spatial, vol. 9, 1987:239-255. Includes bibliographical references. Mosco, Vincent. Canada and thé International Telecommunication Union. International journal 42(2) spring 1987:320-341 Includes bibliographical references. Presutti, Francesco. Diffusione diretta internazionale da satellite e consenso preventivo degli Stati destinatari. Rivista di diritto internazionale 70(1) 1987:40-72. Includes bibliographical references.

United Nations Educational, Scientific and Cultural Organization Breunig, Christian. Kommunikationspolitik der UNESCO: Dokumentation und Analyse der Jahre 1946 bis 1987 (Konstanz, Federal Republic of Germany, Universitatsverlag Konstanz, 1987). 204 p. ill. Bibliography: p. 187-204.

326 Graham, Gael M. Protection and reversion of cultural property: issues of definition and justification. International lawyer 21(3) summer 1987:755-793. Includes bibliographical references. Marshall, Joanne. The UNESCO crisis: a critical examination of the U.S. withdrawal from UNESCO based on State theory analysis (Ottawa, Carleton University, 1987). iii, 147 p. Thesis (M.A.) — Department of Political Science, Carleton University, Ottawa, 1987. Bibliography: p. 139-147. Perspectives on the crisis of UNESCO: report of a conference, Rancho Santa Fe, California, January 31-February 2,1986 (La Jolla, Calif., The Institute, 1987), 71 p. Includes bibliographies. Petzsch, Régine. Die Bundesrepublik Deutschland in der UNESCO: Reaktion und Aktion angesichts der UNESCO-Krise in den Achtziger Jahren (Bonn, Deutsche UNESCO- Kommission, 1987). 73 p. Includes bibliographical references. Wells, Clare. The UN, UNESCO and the politics of knowledge (Basingstoke, England, Macmillan, 1987). 281 p. Bibliography: p. 254-267. Includes index.

United Nations Industrial Development Organization Siazon, Domingo L. UNIDO: charting a new course in industrial co-operation. Foreign relations journal 2(4) December 1987:12-29. Venkataraman, K. Biotechnology: the role of UNIDO. Development: seeds of change No. 4,1987:71-76.

Universal Postal Union Omeorogbe, Yirka. Functionalism in the UPU and the ITU. Indian journal of international law 27(1) January/March 1987:50-62. Includes bibliographical references.

World Bank Berg, Wilfried. Die neokolonialistische Stratégie der Weltbank und der IDA in den achtziger Jahren. Asien, Afrika, Lateinamerika 15(4) 1987:604-617. Includes bibliographical references. Bovard, James. The World Bank vs. the world's poor (Washington, D.C., Cato Institute, 1987). 36 p. Includes bibliographical references. Chatterjee, Syamal Kumar. The Convention Establishing the Multilateral Investment Guarantee Agency. International and comparative law quarterly 36(1) January 1987:76-91. Includes bibliographical references. De Vries, Barend A. Remaking the World Bank (Washington, D.C., Seven Locks Press, 1987). 184 p. ill. Includes bibliographical references and index. Ebenroth, Crsten Thomas. Zur Bedeutung der Multilateral Investment Guarantee Agency fur den internationalen Ressourcentransfer. Juristenzeitung 42(13) 3 July 1987:641-649. Includes bibliographical references.

327 Gramlich, Ludwig. Das Obereinkommen zur Errichtung einer "Multilateral Investment Guarantee Agency": Grenziiberschreitender Investitionsschutz und Entwicklungszusammenarbeit Hand in Hand? Osterreichische Zeitschrift fiir ôffentliches Recht und Vôlkerrecht 38(1/3) 1987:1-33. Includes bibliographical references. Holtz, Uwe. Weltbank und Internationaler Wahrungsfonds im Konflikt mit Entwicklungslândem: zu einem Hearing im Deutschen Bundestag. Beitràge zur Konfliktforschung 17(3) 1987:33-43. Plowiec, Urszula. Bank Swiatowy: wspolpraca z pozyczkobiorca. Handel zagraniczny 32(1) 1987:22-27. Includes bibliographical references. Searle, Graham. Major World Bank projects: their impact on people, society and the environment (Camelford, England, Wadebridge Ecological Centre, 1987). 190 p. maps. Includes bibliographical references. Shihata, Ibrahim F.I. Eligibility requirements for MIGA's guarantees. ICSID review 2(2) fall 1987:373-401. Includes bibliographical references. Shihata, Ibrahim F.I. Factors influencing the flow of foreign investment and the relevance of a multilateral investment guarantee scheme. International lawyer 21(3) summer 1987:671-694. Includes bibliographical references. Sigwald, Ricardo Guillermo. El Organisme Multilateral de Garantia de Inversiones. Integracion latinoamericana 12(124) junio 1987:53-58. Includes bibliographical references. Touscoz, Jean. L'Agence multilatérale de garantie des investissements. Droit et pratique du commerce international 13(2) 1987:311-333. Summary in English. Includes bibliographical references. Voss, Jurgen. The Multilateral Investment Guarantee Agency: status, mandate, concept, features, implications. Journal of world trade law 21(4) August 1987:5-23. Includes bibliographical references.

International Centre for Settlement of Investment Disputes Baker, James C. ICSID: an international method for handling foreign investment disputes in LDCs. Foreign trade review 21(4) January/March 1987:411-421. Includes bibliographical references. Broches, Aron. Awards rendered pursuant to the ICSID Convention: binding force, finality, recognition, enforcement, execution. ICSID review 2(2) fall 1987:287-334. Includes bibliographical references. Delaume, Georges René. ICSID arbitration. In: Contemporary problems in international arbitration (Dordrecht and Boston, Nijhoff, 1987). p. 23-39. Includes bibliographical references. Feldman, Mark B. The annulment proceedings and the finality of ICSID arbitral awards. ICSID review 2(1) spring 1987:85-110. Includes bibliographical references. Gillard, Emmanuel. Quelques observations sur la rédaction des clauses d'arbitrage CIRDI. Pénant 97(794) mai/sept. 1987:291-303. Includes bibliographical references.

328 Kahn, Philippe. Le contrôle des sentences arbitrales rendu par un tribunal CIRDI. In: Société française pour le droit international. Colloque, 20th, 1986, Lyon, France (Paris, Pedone, 1987). p. 363-382. Includes bibliographical references. Lattanzi, Flavia. Convenzione di Washington sulle controversie relative ad investimenti e invalidité délie sentenze arbitrali. Rivista di diritto internazionale 70(3/4) 1987:521-547. Includes bibliographical references. Ouakrat, Philippe. La pratique du CIRDI. Droit et pratique du commerce international 13(2) 1987:273-310. Summary in English. Includes bibliographical references.

World Health Organization Mann, Jonathan M. AIDS: Vorbeugung und Eindammung: die Globale Stratégie der WHO. Vereinte Nationen 35(6) Dez. 1987:184-188. Mikes, Georges. The riches of the poor: who's who: a journey round the World Health Organisation (London, Andre Deutsch, 1987). 112 p. ill.

World Meteorological Organization Flohn, Hermann. Mensch und Klima: das Weltklimaforschungsprogramm der Weltorgani- sation fUr Météorologie (WMO). Vereinte Nationen 35(3) Juni 1987:89-93.

World Intellectual Property Organization Dam, Kenneth W. The growing importance of international protection of intellectual property. International lawyer 21(3) summer 1987:627-638. Includes bibliographical references. Eminescu, Yolanda. La Convention universelle de Genève sur le droit d'auteur (35 années d'existence). Revue roumaine d'études internationales 21(4) juillet/août 1987:381-386. Includes bibliographical references. Galenskaia, Liudmila Nikiforovna. International co-operation in cultural affairs. Recueil des cours (Hague Academy of International Law), vol. 198,1986:265-331. Includes bibliographical references. Kim, Yong Hak. New information technology and copyright law principles in the information age. ILSA journal of international law, vol. 11, 1987:113-147. Includes bibliographical references. Matveev, G.A. Parizhskaia konventsiia po okhrane promyshlennoi sobstvennosti i avtorskoe svidetel'stvo na izobretenie. Sovetskii ezhegodnik mezhdunarodnogo prava 1986:276-289. Summary in English. Includes bibliographical references. Nafziger, James A.R. Protection of cultural property. California Western international law journal 17(2) summer 1987:283-289. Includes bibliographical references. Odintsova, V. lu. Problemy mezhdunarodnoi okhrany avtorskikh prav v oblasti videozapisi. Pravovedenie, No. 3, mai/iiun' 1987:66-73. Includes bibliographical references. Ricketson, Sam. The Berne Convention for the Protection of Literary and Artistic Works: 1886-1986 (Brentwood, England, Kluwer, 1987). 1030 p. maps. Bibliography: p. 981-1006. Includes index.

329 Symposium on the Protection of Biotechnological Inventions, 1987, Ithaca, N.Y. Symposium on thé protection of biotechnological inventions, jointly organized by the World Intellectual Property Organization (WIPO) and Cornell University, Department of Agricultural Economics, Ithaca, New York, June 4 and 5, 1987 (Geneva, WIPO, 1987). 195 p. ill. Bibliography: p. 149-153. WIPO International Forum on the Collective Administration of Copyrights and Neighboring Rights, 1986, Geneva. WIPO International Forum on the Collective Administration of Copyrights and Neighboring Rights, Geneva, 12 to 14 May 1986. (Geneva, World Intellectual Property Organization, 1987). 122 p

330

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