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United Nations Juridical Yearbook 1975

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United Nations Juridical Yearbook 1975 ST/LEG/SER.C/13 UNITED NATIONS JURIDICAL YEARBOOK 1975 UNITED NATIONS UNITED NATIONS JURIDICAL YEARBOOK 1975 UNITED NATIONS-NEW YORK 1977 ST/LEG/SER.C/13 UNITED NATIONS PUBLICATION Sales No. E.77.V.3 Price: $U.S. 13.00 (or equivalent in other currencies) CONTENTS Page FOREWORD xvii ABBREVIATIONS xviii 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 INTERGOVERNMENTAL ORGANIZATIONS 1. Canada Privileges and Immunities (International Organizations) Act. F.A.O. (N.A.F.C.—8th Session) Privileges and Immunities Order, 1975 3 2. Mauritius Order made by the Minister under decision 19 of the International Organizations and Conferences (Privileges and Immunities) Act, 1970 3 3. Papua New Guinea United Nations and Specialized Agencies (Privileges and Immunities) Act, 1975 6 CHAPTER II. TREATY PROVISIONS CONCERNING THE LEGAL STATUS OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZATIONS 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 11 2. Agreements relating to meetings and installations 11 3. Agreements relating to the United Nations Children's Fund: Revised Model Agreement concerning the activities of UNICEF 24 4. Agreements relating to the United Nations Development Programme: standard basic agreements concerning assistance by the United Nations Development Programme 24 5. Standard basic agreements between the United Nations (United Nations Development Programme) and the International Civil Aviation Organ- ization concerning UNDP technical co-operation activities with Gov- ernments. Signed at Montreal on 21 November 1975 and at New York on 5 December 1975 26 6. Exchange of letters constituting an agreement between the United Na- tions and Poland on principles of financing the participation of the Polish contingent in the United Nations Emergency Force and the United Nations Disengagement Observer Force in the Middle East. New York, 23 October 1975 27 iii CONTENTS (continued) Page B. TREATY PROVISIONS CONCERNING THE LEGAL STATUS OF INTERGOVERN- MENTAL 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 No- vember 1947 29 2. International Labour Organisation 29 3. Food and Agriculture Organization of the United Nations 30 4. United Nations Educational, Scientific and Cultural Organization 31 5. World Health Organization 31 6. International Atomic Energy Agency 31 Part Two. Legal activities of the United Nations and related intergovernmental organizations CHAPTER III. GENERAL REVIEW OF THE LEGAL ACTIVITIES OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZATIONS A. GENERAL REVIEW OF THE LEGAL ACTIVITIES OF THE UNITED NATIONS .... 37 B. GENERAL REVIEW OF THE ACTIVITIES OF INTERGOVERNMENTAL ORGAN- IZATIONS RELATED TO THE UNITED NATIONS 63 1. International Labour Organisation 63 2. Food and Agriculture Organization of the United Nations 65 3. United Nations Educational, Scientific and Cultural Organization .... 70 4. International Civil Aviation Organization 75 5. World Health Organization 77 6. World Bank 79 7. International Monetary Fund 80 8. World Meteorological Organization 83 9. International Atomic Energy Agency 84 CHAPTER IV. TREATIES CONCERNING INTERNATIONAL LAW CONCLUDED UNDER THE AUSPICES OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGAN- IZATIONS TREATIES CONCERNING INTERNATIONAL LAW CONCLUDED UNDER THE AUSPICES OF THE UNITED NATIONS United Nations Conference on the Representation of States in their Rela- tions with International Organizations 87 (a) Vienna Convention on the Representation of States in their Rela- tions with International Organizations of a Universal Character. Done at Vienna on 14 March 1975 87 (b) Resolutions adopted by the Conference 114 iv CONTENTS (continued) Page 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. 195 (18 April 1975): Sood v. Secretary-General of the United Nations Application from a former staff member who was terminated before his fixed-term appointment expired but subsequently obtained the cancellation of that measure—Legal consequences of the cancel- lation of a decision because the requirements of due process were not fulfilled—Right of the person concerned to have his qualifi- cations for having his fixed-term appointment converted into a permanent appointment examined as if the cancelled decision had never been taken 117 2. Judgement No. 196 (18 April 1975): Back v. Secretary-General of the United Nations and United Nations Joint Staff Pension Board Application for compensation for financial losses linked to the devalu- ation of the dollar—The inequality among retired staff members of the United Nations which may result from a currency devalu- ation not attributable to the Organization does not impose on the latter any specific duties towards any retired staff member—Ques- tion of the date on which payments relating to retirement must be made—Granting of compensation for damage caused by undue delay in the payments of sums due in that regard 119 3. Judgement No. 197 (22 April 1975) : Osman v. Secretary-General of the United Nations Application for revision of a judgement—Correction of this judgement under article 12 in fine of the Statute of the Tribunal—Rejection of the application notwithstanding the implications of the correc- tion in question on the equity of the case—Obligation of the Tribunal, as a judicial organ, to apply existing law 120 4. Judgement No. 198 (23 April 1975) : Lane v. Secretary-General of the United Nations Application for rescission of a decision to terminate, in accordance with staff regulation 9.1(c), a probationary appointment after a period of nearly two years beyond the expiry of the said appointment —Conditions to which the conversion of a probationary appoint- ment into a permanent appointment is subject—Entitlement of a staff member anomalously kept in service beyond the maximum probationary period, owing to an administrative error, to due process for the assessment of the suitability of a staff member on probationary appointment for a permanent appointment 122 5. Judgement No. 199 (24 April 1975): Fracton v. Secretary-General of the United Nations Application for rescission of a decision not to renew a fixed-term ap- pointment—Limits of the Tribunal's authority to review such a decision—Principle of good faith in relations between the parties 123 CONTENTS (continued) Page 6. Judgement No. 200 (24 April 1975) : Bearing v. Secretary-General of the United Nations Application for rescission of a decision of the Secretary-General re- fusing, on the basis of a recommendation of the Advisory Board on Compensation Claims, to re-open a case concerning compen- sation—Broad discretionary powers of the Secretary-General with regard to the matter—Irregularity of a decision of the Secretary- General taken on the basis of a recommendation of the Advisory Board made as the result of failure to observe the requirements of due process—Failure to re-employ a recipient of compensation for a service-incurred illness cannot be treated as a termination on the ground of incapacity for further service unless the applicant can claim that he had an appointment entitling him to permanent or continuous service—Rescission of the contested decision and fixing of compensation to be paid to the applicant if the Secretary- General does not consider that further action should be taken .. 125 7. Judgement No. 201 (25 April 1975): Branckaert v. United Nations Joint Staff Pension Board Application for rescission of a decision rejecting, on the ground of non-observance of the prescribed time-limit, a request for val- idation of a period of service for pension purposes 127 8. Judgement No. 202 (3 October 1975): Queguiner v. Secretary-Gen- eral of the Inter-Governmental Maritime Consultative Organization Application for an award of compensation, on the basis of the principle of acquired rights, for reduction in the education grant received by the applicant in consequence of an amendment to the Staff Rules—Scope ratione materiae and ratione temporis of the prin- ciple of acquired rights 128 9. Judgement No. 203 (7 October 1975): Sehgal v. Secretary-General of the United Nations Application requesting that a decision not to renew a fixed-term ap- pointment be declared void—Criteria for determining whether the question of the renewal of such an appointment was duly consid- ered and whether actions taken following a rebuttal of a periodic report constitute an appropriate investigation 129 10. Judgement No. 204 (8 October 1975): Mila v. Secretary-General of the United Nations Application directed against a decision to terminate following a cor- rection of procedure ordered by the Tribunal—Conclusions of the Tribunal regarding the procedure followed for the recon- sideration of the case and regarding the regularity of the contested decision—Reparation of the damage sustained by the applicant because of the administrative errors committed during the period preceding his termination 131 vi CONTENTS (continued) Page 11. Judgement No. 205 (9 October 1975): El-Naggar v. Secretary-Gen- eral of the United
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