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 cancellation of a decision because the requirements of due process were not fulfilled—Right of the person concerned to have his qualifications 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 devaluation of the dollar—The inequality among retired staff members of the United Nations which may result from a currency devaluation 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 correction 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 appointment 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 appointment—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 refusing, on the basis of a recommendation of the Advisory Board on Compensation Claims, to re-open a case concerning compensation—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 validation 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 principle 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 appointment be declared void—Criteria for determining whether the question of the renewal of such an appointment was duly considered 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 correction of procedure ordered by the Tribunal—Conclusions of the Tribunal regarding the procedure followed for the reconsideration 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 Nations Application contesting a decision not to renew a fixed-term appointment—Obligations of the respondent arising from his "acceptance" of a recommendation by the Joint Appeals Board that he should seek to keep the applicant on the staff and should offer him a new and appropriate appointment 133 12. Judgement No. 206 (10 October 1975): Queguiner v. Secretary- General of the Inter-Governmental Maritime Consultative Organ- ization Request for reimbursement of medical expenses submitted by a staff member claiming that, owing to a fault on the part of the respondent, he had been denied the benefit of certain arrangements with respect to health insurance applicable in the European Economic Community—Allegation that the impossibility of obtaining reimbursement of the expenses in question demonstrated the inadequacy of the IMCO health insurance plan, an inadequacy for which the respondent should be held responsible 135 13. Judgement No. 207 (10 October 1975) : Squadrilli v. Secretary-General of the United Nations Application filed by a United States staff member who was not exempt from taxes on his United Nations salaries and emoluments owing to the reservation made by the United States to section 18 (b) of the Convention on the Privileges and Immunities of the United Nations—System of reimbursement established to prevent staff members in the applicant's situation from being at a disadvantage vis-à-vis their colleagues of other nationalities—Methods of calculating the amount which is reimbursable—Rejection, as purely conjectural and incompatible with the obligations flowing from the Convention on the Privileges and Immunities of the United Nations, of the respondent's allegations concerning the provisions which the United States would have taken had it not entered the aforementioned reservation 136

B. DECISIONS OF THE ADMINISTRATIVE TRIBUNAL OF THE INTERNATIONAL LABOUR ORGANISATION 1. Judgement No. 248 (5 May 1975): Nowakovski v. World Meteor- ological Organization Complaint against a decision to terminate a permanent appointment for unsatisfactory services 138 2. Judgement No. 249 (5 May 1975): Nowakovski v. World Meteor- ological Organization Complaint against a decision to dismiss a request for reconsideration of a claim for compensation for illness attributable to the performance of official duties—Discretionary power of the Secretary- General in his exercise of the right conferred upon him by article 9 of the Statute of the Administrative Tribunal 139 vii CONTENTS (continued) Pag€ 3. Judgement No. 250 (5 May 1975) : Reding v. Universal Postal Union Complaint against a decision denying the applicability of the benefits provided for in appendix D of the Staff Rules to the holder of a contract containing a provision on compensation in the event of illness 140 4. Judgement No. 251 (5 May 1975) : De Sanctis v. Food and Agriculture Organization of the United Nations Complaint against a decision to reject the application for a permanent post of a person who had worked for the Organization for several years on fixed-term appointments—Limits of the Tribunal's power to interfere with such a decision and with a decision not to renew a fixed-term appointment 140 5. Judgement No. 252 (5 May 1975): Routier v. World Health Organ- ization Complaint seeking regrading of a post at a higher level on the basis of the duties associated with the said post—Limits of the Tri- bunal's power to interfere with decisions in the matter made by the Director-General on the basis of the Staff Manual 141

6. Judgement No. 253 (5 May 1975): Jimenez v. Pan American Health Organization (PAHO) (World Health Organization) 142

7. Judgement No. 254 (5 May 1975): Glynn v. World Health Organ- ization Complaint seeking to have periodic reports declared null and void— Purpose of periodic reports under the Staff Rules—Circum- stances in which the Tribunal may endorse an allegation of bias against a supervisor 142

8. Judgement No. 255 (5 May 1975): Glynn v. World Health Organ- ization Receivability of a complaint made directly to the Tribunal under article VII, paragraph 3, of the Statute of the Tribunal 143

9. Judgement No. 256 (5 May 1975): Conway v. International Labour Organisation Issue by the Organisation of an attestation concerning a staff member—Power of the Tribunal to decide on the legality of such an act—Obligation of the Organisation, except in special cases, to advise the staff member concerned before providing information concerning him—Categories of documents to be placed by the Organisation in the personal file of staff members—Latitude allowed to the Organisation with regard to certain confidential documents 144 viii CONTENTS (continued) Page 10. Judgement No. 257 (5 May 1975) : Grafstrôm v. Food and Agriculture Organization of the United Nations Complaint seeking an increase in a retirement pension to the level it would have reached if the recipient had not been promoted during her period of employment from the General Service to the Profes- sional category—Interpretation of staff rule 302.2103 as protecting staff members from possible adverse effects on their pension rights of a promotion 145

11. Judgement No. 258 (27 September 1975): Cantal-Dupart v. United Nations Educational, Scientific and Cultural Organization Summary dismissal of a complaint submitted after the expiry of the time-limit 147

12. Judgement No. 259 (27 September 1975): Al Joundi v. International Telecommunication Union Irreceivability of a complaint impugning a decision which had become final because it had not been impugned within the prescribed period 147

13. Judgement No. 260 (27 October 1975): Mofjeld v. Food and Agri- culture Organization of the United Nations Complaint seeking to quash a decision terminating the employment of the holder of a fixed-term appointment for "unsuitability for a post" 148

14. Judgement No. 261 (27 October 1975): Remont v. Food and Agricul- ture Organization of the United Nations Complaint seeking to attribute liability to the Organization for loss or deterioration of personal property and to obtain compensation for delay in the payment of sums owed by the Organization 148

15. Judgement No. 262 (27 October 1975): Labadie v. International Pat- ent Institute Complaint seeking to have a promotion granted on the basis of a specific administrative rule granted on the basis of another rule more favourable to the complainant—Distinction, with respect to the Tribunal's power of review, between decisions establishing such rules and subsequent individual decisions to apply them —Interpretation of the texts in question 149

16. Judgement No. 263 (27 October 1975): Andary v. International Patent Institute Complaint against a decision depriving staff members who have resigned of the right to promotion—Limits of the Tribunal's power of review with respect to such decisions 150 ix CONTENTS (continued) Page 17. Judgement No. 264 (27 October 1975): Rabozée v. European Organ- ization for the Safety of Air Navigation Complaint seeking reimbursement of medical expenses incurred in respect of the complainant's spouse and a dependant—Case of a household in which one spouse benefits as a staff member of the Organization from a sickness insurance scheme which is more favourable than that covering the other spouse—Identical rights of male and female staff members with respect to such benefits 151

CHAPTER VI. SELECTED LEGAL OPINIONS OF THE SECRETARIATS OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZATIONS

A. LEGAL OPINIONS OF THE SECRETARIAT OF THE UNITED NATIONS 1. Forms of association of States with the United Nations apart from full membership—Question whether States not members of the United Nations may benefit under the technical co-operation programmes of the United Nations family on the same basis as Member States .... 153 2. Question of the responsibility of the United Nations for activities conducted by one of its organs in the territory of a State 153 3. Provisions of the Headquarters Agreement between the United Nations and the United States of America concerning action by the Host State in case of abuse of the privileges of residence granted by the Agree- ment—Question whether the Host State is required in such a case to consult the Organization before taking action 155 4. Privileges and immunities to which representatives of the Council for Mutual Economic Assistance would be entitled in the United States as Host State to the Headquarters of the United Nations in the light of General Assembly resolution 3209 (XXIX) 157 5. Judicial jurisdiction and law applicable in the Headquarters District under the Headquarters Agreement between the United Nations and the United States of America 157 6. Comments on the juridical status of the United Nations Demographic Centre in Bucharest, in the light of the Agreement between the United Nations and Romania regarding the establishment of the Centre .... 159 7. Insurance of UNEF/UNDOF vehicles against third party liability —Question whether United Nations immunity from legal process should be invoked or waived, where judicial proceedings are instituted against the United Nations in connexion with motor vehicle accidents 160 8. Advice on the procedure to be followed to collect compensation for damage caused to UNEF property by members of military contingents 161 9. "Trade Names", "Trade Marks" and "Franchises" *'it /10/ . Guidelines for implementation of General Assembly resolutions granting observer status on a regular basis to certain regional intergovernmental organizations, the Palestine Liberation Organization and the national liberation movements in Africa le4 CONTENTS (continued) Page 11. Ruling by the President of the twenty-ninth session of the General Assembly regarding the position of the delegation of South Africa —Question whether such a ruling should be considered automatically applicable at the seventh special session of the Assembly, scheduled to open before the official closure of the twenty-ninth regular session .. 167 12. Question whether the Secretary-General and the Administrative Com- mittee on Co-ordination could legally take steps to give effect to proposals in regard to the post-adjustment system designed to remedy certain deficiencies in the present system or whether such proposals involving substantial increases in expenditure should be left for the General Assembly 168^ 13. Question whether, pending action by the Economic and Social Council, the Economic Commission for Western Asia may invite the .Palestine I^iheration Organization to participate in its session as an observer' taking into "account General Assembly resolution 3237 (XXIX) .... 170 14. Question whether admission to membership in the United Nations of a State within the geographical scope of the Economic and Social Com- mission for Asia and the Pacific automatically entitles such a State to membership in the Commission 171 15. Question of associate membership in the Economic and Social Com- mission for Asia and the Pacific of the two dependent territories—the Gilbert Islands and Tuvalu—resulting from the separation of the Ellice Islands from the former Gilbert and Ellice Islands Colony 172 16. Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders—Question of issuing invitations to States not Members of the United Nations and to individual participants from such States 174 17. Question whether the United Nations Special Fund may give assistance to national liberation movements under the provisions of the General Assembly resolutions establishing the Fund and defining its operations 176 18. Establishment by the World Food Conference of an International Fund for Agricultural Development—Convening by the Secretary-General, at the request of the Conference, of a "Meeting of interested countries" to work out the details of the Fund—Question whether the United Nations is responsible for the expenses of the Meeting and its Ad Hoc Working Group 177 19. Use of Government-financed personnel within the United Nations —Associate experts and junior professionals 178 20. Question whether locally recruited personnel employed in connexion with a specific UNDP project are United Nations staff members .... 179 21. Policy of the Organization with respect to the acceptance of the services of Government officials or experts on a non-reimbursement loan basis—Status of officials or experts engaged on such basis 181

XI CONTENTS (continued) Page 22. Issuance of laissez-passers to officials of the World Intellectual Property Organization—Special arrangements to take effect after the Convention on the Privileges and Immunities of the Specialized Agencies enters into force in respect of WIPO—Provisional issuance of laissez-passers for the interim period 181 23. Privileges and immunities of members of the staff of the United Na- tions—Meaning of the term "officials of the United Nations" for the purpose of application of the Convention on the Privileges and Im- munities of the United Nations 183 24. Convention on the Privileges and Immunities of the United Nations and Convention on the Privileges and Immunities of the Specialized Agen- ^cies—Question whether under those Conventions a Host State is j required to extend full diplomatic privileges to high officials of the organization concerned who are its nationals or permanent residents . . 184 25. 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 186 26. Immunity of staff members and their immediate families from immigration restrictions and from exclusion and deportation proceedings under the Convention on the Privileges and Immunities of the United Nations, the Headquarters Agreement between the United Nations and the United States and the immigration law of the United States 188 27. Question whether a United Nations official may be granted special leave to complete military service in his country of origin, in the light of the relevant provisions of the Convention on the Privileges and Immunities of the United Nations and of Appendix C of the Staff Rules 190 28. Exemption from taxation of salaries and emoluments of United Nations officials by virtue of relevant provisions of the Convention on the Privileges and Immunities of the United Nations and applicable Gen- eral Assembly resolutions with particular reference to the position of members of the Secretariat at United Nations Headquarters in New York 191 29. Policy of the United Nations regarding requests from governmental authorities for testimony of staff members not having diplomatic status 192 30. Legal validity of the use by a staff member of the United Nations of a name other than that acquired at birth in the light of New York law which as the law of the staff member's residence is the applicable law in this matter 193 Registration of treaties with the Secretariat of the United Nations under Article 102 of the Charter—Question whether terminated treaties should be registered 194 Depositary functions of the Secretary-General—Rule that any act having the purpose of modifying the application of a treaty must emanate from one of the authorities empowered to bind the State internationally 195 xii CONTENTS (continued) Page 33. Participation of Belgium and Luxembourg in multilateral treaties deposited with the Secretary-General, in the light of their membership in the Belgo-Luxembourg Economic Union 196 34. Depositary practice of the Secretary-General regarding the participation of new States in treaties applied to their territoiy prior to independence—Requirement that a decision of succession be communicated to the depositary in the form of a notification emanating from the Head of State, Head of Government or Minister for Foreign Affairs . . 199 35. Status in regard to the International Cocoa Agreement 1972 of a newly independent State to whose territory the Agreement had been extended prior to independence ( 1 ) during the ninety-day period within which such a State may notify the Secretary-General that it assumes the rights and obligations of a contracting party; or (2) after this period has expired without such a notification having been made .... 201 36. Participation in the International Coffee Agreement 1968—Position of the Secretary-General, as depositary of the Agreement, with respect to entities the status of which is unclear 202 37. Depositary practice of the Secretary-General when he receives, in connexion with a multilateral treaty not containing a reservations clause, an instrument which includes reservations 203 38. International Covenant on Economic, Social and Cultural Rights—Ful- filment of the conditions provided for by article 27 ( 1 ) of the Covenant for the purpose of its entry into force 205 39. Reservations or declarations made by States at the time of signing, ratifying or acceding to multilateral conventions in respect of which the Secretary-General performs depositary functions Practice followed by the depositary regarding communications the nature of which is unclear, in the case of conventions providing for a specific procedure to be applied in respect of reservations 206

B. LEGAL OPINIONS OF THE SECRETARIATS OF INTERGOVERNMENTAL ORGAN- IZATIONS RELATED TO THE UNITED NATIONS 1. World Health Organization Attachment of terminal emoluments of a staff member 207 2. Universal Postal Union Liability in respect of damage caused by a correspondence item or by a postal parcel to other postal items (1969 Tokyo Convention, article 42, and Postal Parcels Agreement, article 41) 208

Part Three. Judicial decisions on questions relating to the United Nations and related intergovernmental organizations

CHAPTER VII. DECISIONS AND ADVISORY OPINIONS OF INTERNATIONAL TRIBUNALS 213 xiii CONTENTS (continued) Page CHAPTER VIII. DECISIONS OF NATIONAL TRIBUNALS 1. Austria Administrative Court of Vienna (Verwaltungsgerichtshof) X. v. Vienna Federal Police Board: Decision of 11 April 1975 Scope of the immunity from legal process enjoyed by officials of the International Atomic Energy Agency in Austria under the Agency's Headquarters Agreement 214 2. Switzerland Cantonal Tribunal of the Canton of Vaud, Civil Court X. v. Y.: Judgement of 14 March 1975 Suit against an official of the World Health Organization enjoying immunity from legal process in Switzerland under the WHO Head- quarters Agreement—Cross-petition by the defendant designed in particular to have the original suit declared inadmissible by reason of the incompetence of the Tribunal—Object of the privileges and immunities granted to WHO officials under the above-mentioned Headquarters Agreement—Granting of time for the opposing party to take the steps necessary for the waiving of the immunity 215

Part Four. Bibliography

LEGAL BIBLIOGRAPHY OF THE UNITED NATIONS AND RELATED INTERGOVERN- MENTAL ORGANIZATIONS

A. INTERNATIONAL ORGANIZATIONS IN GENERAL 1. General 220 2. Particular questions 220

B. UNITED NATIONS 1. General 221 2. Particular organs Administrative Tribunal 223 General Assembly 223 International Court of Justice 224 Regional economic commissions 226 Secretariat 226 Security Council 227 United Nations Forces 227 United Nations Industrial Development Organization 227 3. Particular questions or activities Charter revision 227 xiv CONTENTS (continued) Page Civil war 228 Collective security 228 Commercial arbitration 228 Consular relations 230 Definition of aggression 230 Diplomatic relations 230 Disarmament 230 Domestic jurisdiction 232 Environmental questions 232 Financing 234 Friendly relations and co-operation among States 234 Human rights 235 International criminal law 238 International economic law 239 International terrorism 241 International trade law 242 International waterways 243 Intervention 244 Law of the sea 245 Law of treaties 254 Law of war 256 Maintenance of peace 259 Membership and representation 259 Most-favoured-nation clause 259 Namibia 260 Narcotic drugs 260 Non-self-governing territories 260 Outer space 260 Peaceful settlement of disputes 262 Political and security questions 262 Progressive development and codification of international law (in general) 263 Recognition of States 264 Refugees 264 Right of asylum 264 Rule of law 265 xv CONTENTS (continued) Page Self-determination 265 Social defence 266 State responsibility 266 State sovereignty 266 State succession 267 Technical assistance 267 Trade and development 267 Use of force 268

C. INTERGOVERNMENTAL ORGANIZATIONS RELATED TO THE UNITED NATIONS

Food and Agriculture Organization of the United Nations 268 General Agreement on Tariffs and Trade 270 Inter-Governmental Maritime Consultative Organization 271 International Atomic Energy Agency 273 International Civil Aviation Organization 274 International Labour Organisation 276 International Monetary Fund 277 United Nations Educational, Scientific and Cultural Organization . . . 277 Universal Postal Union 278 World Bank 278 International Centre for Settlement of Investment Disputes 278 World Health Organization 278

xvi 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 II of the present volume—the thirteenth 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 1975. Decisions given in 1975 by international and national tribunals relating to the legal status of the various organizations are found in chapters VII and VIII. Chapter III 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 entry into force. Finally, the bibliography lists works and articles of a legal character published in 1975 regardless of the period to which they refer. Some works and articles which were not included in the bibliographies of the Juridical Yearbook for previous years have also been listed. 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 VIII which, unless otherwise indicated, were communicated by Gov- ernments at the request of the Secretary-General.

xvn ABBREVIATIONS

ACC Administrative Committee on Co-ordination BIRPI United International Bureaux for the Protection of Intellectual Property CMEA Council for Mutual Economic Assistance ECAFE Economic Commission for Asia and the Far East ECE Economic Commission for Europe ECWA Economic Commission for Western Asia EEC European Economic Community ESCAP Economic and Social Commission for Asia and the Pacific FAO Food and Agriculture Organization of the United Nations GATT General Agreement on Tariffs and Trade IAEA International Atomic Energy Agency ICAO International Civil Aviation Organization ICSC International Civil Service Commission ICSID International Centre for Settlement of Investment Disputes ILO International Labour Organisation IMCO Inter-governmental Maritime Consultative Organization IPPC International Penal and Penitentiary Commission ITU International Telecommunication Union OAS Organization of American States OAU Organization of African Unity ONUC United Nations Operation in the Congo PAHO Pan American Health Organization UNDOF United Nations Disengagement Observer Force UNDP United Nations Development Programme UNEF United Nations Emergency Force UNEP United Nations Environment Programme UNESCO United Nations Educational, Scientific and Cultural Organization UNHCR United Nations High Commissioner for Refugees UNICEF United Nations Children's Fund UNITAR United Nations Institute for Training and Research UPU Universal Postal Union WHO World Health Organization WIPO World Intellectual Property Organization WMO World Meteorological Organization 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 ORGAN- IZATIONS

1. Canada

PRIVILEGES AND IMMUNITIES (INTERNATIONAL ORGANIZATIONS) ACT F.A.O. (N.A.F.C.—STH SESSION) PRIVILEGES AND IMMUNITIES ORDER, 1975 P.C. 1975-2693 18 November, 1975 His 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,1 is pleased hereby to make the annexed Order respecting the Privileges and Immunities in Canada of the Eighth Session of the North American Forestry Commission of the Food and Agriculture Organization of the United Nations.

ORDER RESPECTING THE PRIVILEGES AND IMMUNITIES IN CANADA OF THE EIGHTH SES- SION OF THE NORTH AMERICAN FORESTRY COMMISSION OF THE FOOD AND AGRI- CULTURE ORGANIZATION OF THE UNITED NATIONS

[This Order is similar mutatis mutandis to the Order respecting the Privileges and Immunities in Canada of the International Atomic Energy Agency, reproduced on p. 3 of the Juridical Yearbook, 1973.]

2. Mauritius

ORDER2 MADE BY THE MINISTER UNDER DECISION 19 OF THE INTERNATIONAL ORGANIZATIONS AND CONFERENCES (PRIVI- LEGES AND IMMUNITIES) ACT, 1970

1. This Order may be cited as the International Atomic Energy Agency (Privi- leges and Immunities) Order 1975. 2. In this Order:

1 See United Nations Legislative Series, Legislative Texts and treaty provisions concerning the legal status, privileges and immunities of international organizations (ST/LEG/SER.B/ 10), p. 10; and Juridical Yearbook, 1965, p. 3. ? Covernment Notice No. 33 of 1975. "Act" means the International Organizations and Conferences (Privileges and Immunities) Act, 1970; "Agency" means the International Atomic Energy Agency; "official", in relation to the Agency, means an official whose name and description has, in accordance with Articles VI of the Agreement of the Privileges and Immunities of the Agency,3 been notified to the Minister. 3. Part V of the Act shall apply to the Agency. 4. (1) The Agency, 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, other than a measure of execution, it has expressly waived its immunity. (2) The premises of the Agency shall be inviolable. (3) The property and assets of the Agency, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action. (4) The archives of the Agency, and in general all documents belonging to it or held by it, shall be inviolable, wherever located. (5) Without being restricted by financial controls, regulations or moratoria of any kind but subject to subparagraph (6)— (a) the Agency may hold funds, gold or currency of any kind and operate accounts in any currency; (b) the Agency may freely transfer its funds, gold or currency from Mauritius to another country or vice versa or within Mauritius and convert any currency held by it into any other currency. (6) The Agency shall, in exercising its rights under subparagraph (5) pay due regard to any representations made to the Government of Mauritius in so far as it is considered that effect can be given to such representations without detriment to the interests of the Agency. (7) The Agency, its assets, income and other property shall be— (a) exempt from all direct taxes other than taxes which are charges for public utility services; (b) exempt from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the Agency for its official use, but articles imported under such exemption will not be sold in Mauritius except under conditions agreed to with the Government of Mauritius; (c) exempt from duties and prohibitions and restrictions on imports and exports in respect of its publications. 5. The Agency shall enjoy for its official communications, treatment not less favourable than that accorded to any other Government in the matter of priorities, rates and taxes for posts and telecommunications and press rates for information to the press and radio. 6. (1) Every official of the Agency shall— (a) be immune from legal process in respect of words spoken or written and all acts performed by him in his official capacity;

3 United Nations, Treaty Series, vol. 374, p. 147. 4 (b) enjoy the same exemptions from taxation in respect of the salaries and emoluments paid to him by the Agency and on the same conditions as are enjoyed by officials of the United Nations; (c) be immune, together with his spouse and relatives dependent on him, from immigration restrictions; (d) be accorded the same privileges in respect of exchange facilities as are accorded to an official of comparable rank of a diplomatic mission; (e) be given, together with his spouse and relatives dependent on him, the same repatriation facilities in time of international crises as an official of comparable rank of a diplomatic mission; (/) have the right to import free of duty his furniture and effects at the time of first taking up his post in Mauritius. (2) In addition to the privileges and immunities specified in subparagraph (1), the Director General of the Agency, including any official acting on his behalf during his absence from duty, shall be accorded on behalf of himself, his spouse and minor children, the privileges and immunities, exemptions and facilities accorded to diplomatic envoys on behalf of themselves, their spouses and minor children, in accordance with international law. The same privileges and immunities, exemptions and facilities shall also be accorded to a Deputy Director General or official of equivalent rank of the Agency. (3) The Agency shall have the right and the duty to waive the immunity of any official in any case where, in its opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Agency. (4) The Agency shall co-operate at all times with the appropriate authorities of Mauritius to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurrence of any abuses in connexion with the privileges, immunities and facilities mentioned in this paragraph. 7. (1) Every expert other than an official serving on a committee of the Agency or performing a mission for the Agency shall, so fax as is necessary for the effective exercise of his functions, be granted— (a) immunity from personal arrest or detention and from seizure of his personal baggage; (6) in respect of words spoken or written or acts done by him in the performance of his official functions, immunity from legal process of every kind; (c) inviolability for all papers and documents; (d) for the purposes of his communications with the Agency, the right to use codes and to receive papers or correspondence by courrier or in sealed bags; (e) the same facilities in respect of currency and exchange restrictions as are accorded to representatives of foreign Government on temporary official mission; (/) the same immunities and facilities in respect of his personal baggage as are accorded to members of comparable rank of diplomatic missions. (2) The Agency shall have the right and the duty to waive the immunity of any expert in any case where in its opinion the immunity would impede the course of justice and can be waived without prejudice to the interests of the Agency. 8. (1) Every official of the Agency shall be entitled to use the United Nations laissez-passer in conformity with administrative arrangements concluded between the Director General of the Agency and the Secretary-General! of the United Nations. The Director General of the Agency shall notify the Minister of the administrative arrangements so concluded. (2) Every application for a visa, where required from an official of the Agency holding a United Nations laissez-passer, when accompanied by a certificate that he is travelling on the business of the Agency shall be dealt with as speedily as possible and that person shall be granted facilities for speedy travel. (3) The facilities specified in subparagraph (2) shall be accorded to every expert and other person who, though not a holder of a United Nations laissez-passer, has a certificate that he is traveling on the business of the Agency. (4) The Director General, the Deputy-Directors General and other officials of a rank not lower than head of division of the Agency, travelling on United Nations laissez-passer on the business of the Agency, shall be granted the same facilities for travel as are accorded to officials of comparable rank in diplomatic missions. Made by the Minister on 17 March 1975.

3. Papua New Guinea

UNITED NATIONS AND SPECIALIZED AGENCIES (PRIVILEGES AND IMMUNITIES) ACT 19754

An Act relating to the privileges and immunities of the United Nations and the Specialized Agencies, and for other purposes, MADE by the House of Assembly to come into operation on a date to be fixed by the High Commissioner by notice published in the Government Gazette.

PART I. PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS 1. DEFINITION In this Part, "the Convention" means the General Convention on the Privileges and Immunities of the United Nations which was adopted by the General Assembly of the United Nations on 13 February 1946 and a copy of which is set out in Schedule 1.

2. UNITED NATIONS TO BE A CORPORATION, ETC. (1) The United Nations— (a) is a corporation with perpetual succession; and (£) has the capacity to contract; and (c) is capable, in its corporate name, of acquiring, holding and disposing of real and personal property and of instituting legal proceedings. (2) All courts, judges and persons acting judicially in Papua New Guinea shall take judicial notice of the seal of the United Nations affixed to a document and shall presume that it was duly affixed.

* No. 66 of 1975. 3. PRIVILEGES AND IMMUNITIES The United Nations or a person in relation to whom the Convention applies has, in Papua New Guinea, the privileges and immunities applicable under the Convention to the United Nations or that person, as the case may be. 4. EVIDENCE A certificate under the hand of the Minister certifying that, on a specified date or during a specified period— (a) a specified country was a Member of the United Nations; or (b) a specified body was a principal or subsidiary organ of the United Nations; or (c) a specified conference was a conference convened by the United Nations; or (d) a specified person was— (i) a representative of a Member of the United Nations to an organ of the United Nations or a conference convened by the United Nations; or (ii) included in a category of officials of the United Nations to which the provisions of Articles V and VII of the Convention applied; or (iii) an expert (other than an official coming within the scope of Article V of the Convention) performing a mission for the United Nations, is evidence of the matter so certified. PART II. PRIVILEGES AND IMMUNITIES OF THE SPECIALIZED AGENCIES 5. DEFINITIONS In this Part, unless the contrary intention appears — "Specialized Agency" means— (a) the International Labour Organisation; and (6) the Food and Agriculture Organization of the United Nations; and (c) the International Civil Aviation Organization; and (d) the United Nations Educational, Scientific and Cultural Organization; and (e) the International Monetary Fund; and (/) the International Bank for Reconstruction and Development; and (g) the World Health Organization; and (h) the Universal Postal Union; and (/) the International Telecommunications Union; and (/) the World Meteorological Organization; and (k) the Inter-Governmental Maritime Consultive Organization; and (/) the International Finance Corporation; and (ni) the International Development Association; "the Convention" means the Convention, as modified by the Annexes, a copy of which is set out in Schedule 2. 6. JURIDICAL PERSONALITY OF SPECIALIZED AGENCIES (1) Each Specialized Agency— (a) is a corporation with perpetual succession; and (b) has the capacity to contract; and (c) is capable, in its corporate name, of acquiring, holding and disposing of real and personal property and of instituting legal proceedings. (2) All courts, judges and persons acting judicially in Papua New Guinea shall take judicial notice of the seal of a Specialized Agency affixed to a document and shall presume that it was duly affixed. 7. PRIVILEGES AND IMMUNITIES (1) Each Specialized Agency and each person in relation to whom the Conven- tion applies has, in Papua New Guinea, the privileges and immunities applicable under the Convention (other than those referred to in Section 11 of the Convention) to that Specialized Agency or that person, as the case may be. (2) A Specialized Agency has the right to avail itself, for telegraphic communications sent by it and containing only matters for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Papua New Guinea), or the reduced rates applicable for the despatch of press telegrams. 8. EVIDENCE A certificate under the hand of the Minister certifying that, on a specified date or during a specified period— (a) a specified State, country or Government was a Member of a Specialized Agency; or (6) a specified meeting was a meeting convened by a Specialized Agency or a meeting withing the meaning of Subsection (vi) or Section 1 of the Convention; or (c) a specified person was— (i) a representative of a Member of a Specialized Agency at a meeting referred to in paragraph (6); or (ii) included in a category of officials of a Specialized Agency to which the provisions of Articles VI and VIII of the Convention applied; or (iii) on the grounds stated in the certificate, a person entitled under the Con- vention to privileges and immunities applicable under the Convention, is evidence of the matter so certified. PART III. MISCELLANEOUS 9. PROTECTION OF NAMES, ETC. (1) Except with the consent in writing of the Minister, a person (including a corporation) shall not— («) use the name or an abbreviation of the United Nations or a Specialized Agency in connexion with a trade, business, profession, calling or occupation; or (6) use— (i) a seal, emblem or device that is identical with the official seal or emblem of the United Nations or a Specialized Agency; or 8 (ii) a seal, emblem or device so nearly resembling the official seal or emblem of the United Nations or a Specialized Agency as to be capable of being mistaken for that seal or emblem; or (iii) a seal, emblem or device that is capable of being taken to be the official seal or emblem of the United Nations or a Specialized Agency. Penalty: K 100.00. (2) Where, without the consent in writing of the Minister, the name or an abbreviation of the name of the United Nations or a Specialized Agency, or a seal, emblem or device referred to in Subsection (1) (&)— (a) is used as, or as part of, the name, seal or emblem of an association; or (b) is used as, or as part of, the name or emblem of a newspaper or magazine owned by, or published by or on behalf of, an association; or (c) is used by an association in connexion with any activity of the association so as to imply that the association is in any way connected with that organization, then— (d) if the association is a corporation—the association; or (e) if the association is not a corporation—every member of the governing body of the association, is guilty of an offence. Penalty: K 100.00. (3) A person shall not be convicted of an offence against this section in respect of the use of an abbreviation of the name of the United Nations or a Specialized Agency if the use occurred in such circumstances or in relation to such matters as to be unlikely to be taken to imply any connexion with the organization, unless the prosecution proves that the use was intended to imply such a connexion. (4) The conviction of a person of an offence under this section in respect of the use of a name, abbreviation of a name, seal, emblem or device does not prevent a further conviction of that person in respect of the use of that name, abbreviation, seal, emblem or device at any time after the first-mentioned conviction. (5) For the purposes of this section— (a) any combination of words or letters, or of both words and letters, that is capable of being understood as referring to the United Nations or a Specialized Agency shall be deemed to be an abbreviation of the name of the United Nations or that Specialized Agency, as the case may be; and (b) if a seal or emblem is declared by regulations made under this Act to be the official seal or emblem of the United Nations or a Specialized Agency, that seal or emblem shall be taken to be the official seal or emblem of the United Nations or that Specialized Agency, as the case may be. (6) Proceedings under this section shall not be instituted without the consent in writing of the Minister for Justice. 10. REGULATIONS The High Commissioner in Council may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to this Act. SCHEDULE 1 CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS [Not reproduced]5

SCHEDULE 2 CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE SPECIALIZED AGENCIES [Not reproduced]6

5 United Nations, Treaty Series, vol. 1, p. 15. « Ibid., vol. 33, p. 261.

10 Chapter II

TREATY PROVISIONS CONCERNING THE LEGAL STATUS OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGAN- IZATIONS 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 States acceded to the Convention on the Privileges and Immunities of the United Nations in 1975:2 Date of receipt of instru- State ment of accession? Papua New Guinea 4 December 1975 d Zambia 16 June 1975 d This brought up to 112 the number of States parties to this Convention.

2. AGREEMENTS RELATING TO MEETINGS AND INSTALLATIONS (a) Agreement between the United Nations and Austria regarding the arrangements for the United Nations Conference on the Representatives of States in their Relations with International Organizations to be held at Vienna from 4 February to 14 March 1975.4 Signed at New York on 22 January 1975 ARTICLE XIII Privileges and immunities 1. The provisions relating to privileges and immunities in the Agreement between the United Nations and the Republic of Austria regarding the headquarters of the UNIDO5 shall be applicable with regard to the Conference. The Convention on the Privileges and Immunities of the United Nations is hereby not affected.

1 United Nations, Treaty Series, vol. 1,-p. 15. 2 The Convention is in force in regard to each State which deposited an instrument of accession with the Secretary-General of the United Nations as from the date of its deposit. 3 The symbol "d" immediately following the date appearing opposite the name of a State denotes a declaration by that State recognizing itself bound, as from the date of its independence, by the Convention, the application of which had been extended to its territory by a State then responsible for the conduct of its foreign relations. The date shown is the date of receipt by the Secretary-General of the notification to that effect. 4 Came into force on the date of signature. 5 United Nations, Treaty Series, vol. 600, p. 93. Also reproduced in the Juridical Year- book, 1967, p. 44. 11 2. Representatives of States invited to attend the Conference, officials of the United Nations performing functions in connexion with the Conference, experts on mission for the United Nations at the Conference and representatives of the specialized agencies, the International Atomic Energy Agency and other intergovernmental organizations invited to attend the Conference shall enjoy the same privileges and immunities as are accorded to representatives to meetings of the UNIDO and to officials of the UNIDO under the Agreement outlined in paragraph 1. 3. Without prejudice to the provisions of paragraph 2 of this article, observers invited by the United Nations to attend the Conference shall enjoy immunity from legal process in respect of words spoken or written or any act performed by them in their official capacity in connexion with the Conference. 4. Personnel provided by the Government under article X of 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 connexion with the Conference with the exception of those who are assigned to hourly rates. Such immunity shall, however, not apply in case of an accident caused by vehicle, vessel or aircraft. 5. Without prejudice to the preceding paragraphs of this article, representatives of non-governmental organizations invited by the United Nations to the Conference shall enjoy immunity from legal process in respect of words spoken or written or any act performed by them in the exercise of their functions in connexion with the Conference. 6. The Government shall ensure that no impediment is imposed on transit to and from the Conference of the following categories of persons invited by the United Nations to attend the Conference: representatives of Governments and their immediate families; officials and experts of the United Nations and their immediate families; observers invited to the Conference and their immediate families; observers of non- governmental organizations invited to the Conference and their immediate families; representatives of the press or of radio, television, film or other information agencies accredited by the United Nations in its discretion after consultation with the Govern- ment and other persons officially invited to the Conference by the United Nations. 7. All persons referred to in this article and all persons performing functions in connexion with the Conference who are not nationals of Austria shall have the right of entry into and exit from Austria. Visas and entry permits, where required, shall be granted free of charge, as speedily as possible and, when applications are made at least two and a half weeks before the opening of the Conference, not later than two weeks before the date of the opening of the Conference. If the application for the visa is not made at least two and a half weeks before the opening of the Conference, the visa shall be granted not later than three days from the receipt of the application. 8. During the Conference, including the preparatory and final stage of the Conference, the buildings and areas referred to in article I shall be deemed to constitute United Nations premises and access thereto shall be subject to the authority and control of the United Nations. ARTICLE XIV Liability The Government shall be responsible for dealing with any actions, claims or other demands arising out of: (a) injury or damage to person or property in the premises referred to in article I above; 12 (b) injury or damage to person or property caused by, or incurred in using, the transportation referred to in article IX above; (c) the employment for the Conference of the personnel referred to in article X above; and the Government shall hold the United Nations and its personnel harmless in respect of any such actions, claims or other demands. (/>) Agreement between the United Nations Industrial Development Organi- zation and Austria regarding the Headquarters of the United Nations Industrial Development Organization. Signed at New York on 13 April 1967 Exchange of notes constituting a supplemental agreement between the United Nations Industrial Development Organization and Austria to the above-mentioned agreement, relating to the value-addex tax.6 Vienna, 22 January 1975

Letter from the Executive Director of the United Nations Industrial Development Organization 22 January 1975 The Agreement between the United Nations Industrial Development Organization and the Republic of Austria regarding the Headquarters of the United Nations Indus- trial Development Organization (hereinafter referred to as "the Headquarters Agree- ment") provides in its Section 16 (a) : "The UNIDO, its assets, income and other property shall be exempt from all forms of taxation, provided, however, that such tax exemption shall not extend to the owner or lessor of any property rented by the UNIDO." The Headquarters Agreement provides further in its Section 16 (b), inter alia: "In so far as the Government, for important administrative considerations, may be unable to grant to the UNIDO exemption from indirect taxes which constitute part of the cost of goods purchased by or services rendered to the UNIDO, including rentals, the Government shall reimburse the UNIDO for such taxes by the payment, from time to time, of lump sums to be agreed upon by the UNIDO and the Government. It is, however, understood that the UNIDO will not claim reimbursement with respect to minor purchases. . ." In consideration of the fact that the turnover tax system in Austria was changed with effect from 1 January 1973, I have the honour to propose that the provisions quoted above shall be implemented as follows with respect to the new turnover tax system (value-added tax system) : 1. The Austrian Federal Government (hereinafter referred to as "the Govern- ment") shall reimburse the United Nations Industrial Development Organization ((hereinafter referred to as "the UNIDO") the turnover tax on goods delivered or services rendered to the UNIDO including rentals. The UNIDO shall not claim reimbursement of the turnover tax for goods delivered or services rendered of a net value, excluding the turnover tax, of less than AS1.000. 2. Reimbursement of the turnover tax shall be made on the basis of lists of all goods delivered and services rendered subject to reimbursement in accordance with «Came into force on 1 February 1975. 13 this Supplement Agreement. These lists shall cover periods of six months each and shall be transmitted by UNIDO to the Government. Upon request, the UNIDO shall permit representatives of the Government to inspect the originals of the invoices for any such goods delivered and services rendered. 3. In the case of goods delivered to the Commissary, the turnover tax shall be reimbursed only for foodstuffs and alimentary products, and tobacco products; reimbursement of the turnover tax for other goods shall be made only if such goods have been exempted from import duties in accordance with the provisions of the Head- quarters Agreement and the relevant Supplemental Agreements, and if appropriate evidence thereof can be furnished. 4. This Supplemental Agreement shall enter into force on 1 February 1975. It shall apply to goods delivered and services rendered after 31 December 1972 and shall remain in force for the duration of the Headquarters Agreement. If the Austrian Federal Government agrees to this proposal, I have the honour to propose that this note, together with your note reply confirming its acceptance, shall constitute an agreement between the UNIDO and the Government implementing, to this extent, the relevant provision of the Headquarters Agreement.

II Letter from the Federal Minister for Foreign Affairs of Austria 22 January 1975 The Federal Government of the Republic of Austria has instructed me to acknowledge receipt of your Note dated 22 January 1975 which reads as follows: [See letter /] I have the honour to confirm that the Federal Government of the Republic of Austria agrees with the proposal and that your note and this reply constitute a Sup- plemental Agreement implementing article VII, Section 16 (b) of the Agreement between the Republic of Austria and the United Nations regarding the Headquarters of the United Nations Industrial Development Organization of 13 April 1967.* (c) Agreement between the United Nations and Iran regarding the arrangements for the Habitat Regional Preparatory Conference for Asia and the Pacific, and Western Asia to be held at Teheran from 14 to 19 June 1975.7 Signed at New York on 24 January 1975

ARTICLE IV Facilities, privileges and immunities 1. For the purposes of the Conference, the Convention of 13 February 1946 on the Privileges and Immunities of the United Nations, to which the Government of Iran is a party, shall apply. In respect of officials of the specialized agencies who attend the Conference, the Convention on the Privileges and Immunities of the Specialized Agencies,8 to which Iran is also a party, shall apply. Likewise, the provi-

* Provisional translation. 7 Came into force on the date of signature. 8 United Nations, Treaty Series, vol. 33, p. 261. 14 sions of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency will apply as appropriate.9 2. The Government shall impose no impediment to transit to and from meetings of any persons whose presence at the Conference is authorized by the United Nations and shall grant any visas required for such persons promptly and without charge.

ARTICLE V Liability The Government shall be responsible for dealing with any actions, claims or other demands arising out of (a) injury or damage to person or property in the Conference premises; (b) injury or damage to person or property caused or incurred in using transportation provided by the Government; (c) the employment for the Conference of the personnel provided by the Government or in respect of which the Government furnishes financial assistance, and the Government shall hold the United Nations and its personnel harmless in respect of any such actions, claims or other demands. (//) Memorandum of understanding between the United Nations and Japan regarding arrangements for the fourth session of the United Nations Com- mittee on Natural Resources to be held at Tokyo from 24 March to 4 April 1975.10 Signed at New York on 13 February 1975

VI. Liability The Government will secure appropriate insurance, in relation to any activity connected with the Conference, covering any damage that might occur in Japan to any participant and any claim that might be made against the United Nations or its officials. VII. Privileges and immunities 1. The Conventions on the Privileges and Immunities of the United Nations and of the Specialized Agencies, to which Japan is a party, will be applicable with respect to the Conference, and to the participants therein. 2. During the period of the Conference, the area referred to in the paragraph 1 of I above will be made available for the exclusive use of the United Nations and, therefore, will be deemed to constitute premises of the United Nations. 3. The Government will impose no impediment to transit to and from the Conference of the following categories of persons attending the Conference; representatives of States and their immediate families; representatives of specialized agencies and intergovernmental organizations and their immediate families; officials of the United Nations and their immediate families; observers of the non-governmental organizations who may be invited to attend the Conference; representatives of the Press or of radio, television, film or other information agencies accredited by the United Nations at its discretion after consultation with the Government; and other persons officially invited to the Conference by the United Nations. Any visa required for such persons will be granted promptly and without charge. 4. The Government will take necessary measures to ensure, in accordance with the provisions of the Convention of the Privileges and Immunities of the United

*lbid., vol. 374, p. 147. 10 Came into force on the date of signature. 15 Nations, (a) the exemption from customs duties and prohibitions and restrictions on imports and exports of articles imported or exported by the United Nations for its official use, and (b) the issuance of necessary import and export permits without delay with respect to all supplies needed by the United Nations for the Conference, including those required for official entertainment.

(

ARTICLE VI

Privileges and immunities 1. The Convention on the Privileges and Immunities of the United Nations shall be fully applicable with respect to the Conference. In particular, the Government shall accord representatives attending the Conference and all officials of the United Nations the privileges and immunities set forth, respectively, in Articles IV and V of the said Convention. 2. Officials of the Specialized Agencies shall enjoy the privileges and immunities provided under the Convention on the Privileges and Immunities of the Specialized Agencies. 3. Without prejudice to the provisions of the preceding paragraph all participants and all persons performing functions in connexion with the Conference shall enjoy such privileges and immunities, facilities and courtesies as are necessary for the independent exercise of their functions in connexion with the Conference. 4. Representatives of Member and Associate Member States of the United Nations Economic and Social Commission for Asia and the Pacific and representatives or observers from other States Members of the United Nations shall enjoy privileges and immunities provided in Article IV of the Convention on the Privileges and Immu- nities of the United Nations. Observers of members of the Specialized Agencies shall enjoy the privileges and immunities provided for representatives in Article V of the Convention on the Privileges and Immunities of the Specialized Agencies. 5. All persons referred to in this article and all persons performing functions in connexion with the Conference who are not nationals of India shall have the right of entry into and exit from India. 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 when applications are made at least two and a half weeks before the opening of the Conference; if the application for the visa is not made at least two and a half weeks before the opening of the Conference, the visa shall be granted not later than three days from the receipt of the application. Arrangements will also be made to ensure that visas for the duration of the Conference are delivered at the airport 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, in any case not later than three days before the closing of the Conference.

11 Came into force on the date of signature. 16 ARTICLE VII Liability for claims The Government shall be responsible for dealing with any actions, claims or other demands arising out of: (a) injury or damage to person or property in the premises referred to in Article I; (6) The employment of the personnel referred to in Article V of this Agree- ment; and the Government shall hold the United Nations and its personnel harmless in respect of any such actions, claims or other demands except when it is agreed by the parties hereto that such damage or injury was caused by the gross negligence or wilful misconduct of the United Nations personnel. (/) Agreement between the United Nations and Venezuela regarding the arrangements for the Habitat Regional Preparatory Conference for Latin America to be held at Caracas, Venezuela, from 30 June to 4 July 1975.12 Signed at New York on 7 April 1975 This agreement contains provisions similar to articles IV and V of the Agreement reproduced under (c) above. (g) Agreement between the United Nations and Sweden regarding arrangements or the Seminar on "Alternatives to Imprisonment" to be held at Stockholm from 26 to 30 May 1975.13 Signed at New York on 29 April 1975 and 1 May 1975 1. The Convention on the Privileges and Immunities of the United Nations shall be applicable in respect of the Seminar. Accordingly, officials and experts of the United Nations performing functions in connexion with or participating in the Seminar shall enjoy the privileges and immunities provided under Articles V, VI and VII of the said Convention. 2. Without prejudice to the provisions of the Convention on the Privileges and Immunities of the United Nations, all participants and all persons performing functions in connexion with the Seminar shall enjoy such privileges and immunities, facilities and courtesies as are necessary for the independent exercise of their functions in connexion with the Seminar.14 3. All persons enumerated in Articles I and II of the Agreement and all persons performing functions in connexion with the Seminar who are not nationals of Sweden shall have the facilities for speedy travel. Visas and entry permits, where required, shall be granted free of charge, as speedily as possible, and when applications are made at least two and a half weeks before the opening of the Seminar, not later than two weeks before the date of the opening of the Seminar. If the application for the visa is not made at least two and a half weeks before the opening of the Seminar the visa shall be granted not later than three days from the receipt of the application. (K) Agreement between the United Nations and Egypt regarding the arrangements for the Habitat Regional Preparatory Conference for Africa, to be

12 Came into force on the date of signature. 13 Came into force on 1 May 1975. 14 In a letter dated 15 April 1975, the Swedish Government indicated that it interpreted this paragraph in such a way that the commitment therein was fulfilled already by the freedom of expression and freedom of movement that was generally offered foreign subjects in Sweden. 17 held at Cairo from 20 to 26 June 1976.15 Signed at New York on 1 May 1975 This agreement contains provisions similar to Articles IV and V of the agreement referred to under (c) above. (/) Exchange of notes constituting an agreement between the United Nations and Canada on the Interregional Technical Seminar on Remote Sensing Applications, to be held in Guelph and Ottawa, Ontario, Canada, from 12 to 30 May 1975 (with Understanding annexed).16 New York, 9 May 1975 ARTICLE V Facilities, privileges and immunities 1. The Convention on the Privileges and Immunities of the United Nations shall be applicable in respect of the seminar. Accordingly, officials of the United Nations performing in connexion with the seminar shall enjoy the privileges and immunities provided under Article V and VII of the said Convention. 2. Participants attending the seminar in pursuance of Article II (a) of this Understanding shall be considered as experts on mission for the United Nations and enjoy the privileges and immunities provided under Article VI of the Convention on the Privileges and Immunities of the United Nations. 3. Without prejudice to the provisions of the Convention on the Privileges and Immunities of the United Nations, all participants and all persons performing functions in connexion with the seminar shall enjoy such facilities and courtesies as are necessary for the independent exercise of their functions in connexion with the seminar. 4. All persons enumerated in Article II of this Understanding and all persons performing functions in connexion with the seminar who are not nationals of Canada shall have the right to entry into and exit from Canada. Visas shall be granted free of charge, as speedily as possible so as to permit the applicant to participate at the seminar without inconvenience. Exit or entry permits, where required, shall be granted free of charge and without delay.

ARTICLE VI Liability 1. The Government shall be responsible for dealing with any actions, claims, or other demands which may be brought against the United Nations arising out of: (a) injury or damage to persons or property in the premises referred to in Article IV 3 (a) and (6) above; (b) injury or damage to persons or property caused by or incurred in using the transportation referred to in Article IV 3 (g); (c) recruitment for the seminar of the personnel referred to in Article IV 2, IV 3 (d), (e) and IV 4; and the Government shall indemnify and hold harmless the United Nations and its officials in respect of any such actions, causes of action, claims or other demands. 2. The Government shall be subrogated to the rights and remedies of the United Nations in respect of any action, cause of action, claim or other demand

15 Came into force on the date of signature. 16 Came into force on 9 May 1975. 18 referred to in Article VI 1 of this Understanding except that it is understood that the Government shall not be subrogated to the immunity from legal process enjoyed by the United Nations. 3. The United Nations and the Government shall co-operate in the procure- ment of evidence for a fair hearing and disposal of actions, causes of action, claims, and other demands referred to in Article VI 1. (/) Agreement between the United Nations and the Government of Mexico regarding the arrangements for the World Conference of the International Women's Year, to be held at Mexico City, Mexico from 19 June to 2 July 1975.17 Signed at Mexico City on 14 May 1975 ARTICLE X Liability The Government shall be responsible for dealing with any actions, claims or other demands against the United Nations arising out of: (a) injury to person, or damage to or loss of property in the premises, including damage to the premises referred to in Article V above; (b) injury to person, or damage to or loss of property caused by or incurred in using for the purpose of the Conference the transportation referred to in Article VI above; (c) the employment of the locally recruited personnel referred to in Articles VI and VIII above; and the Government shall hold the United Nations and its personnel harmless in respect of any such actions, claims or demands, except where it is agreed by the parties hereto that such damage, loss or injury is caused by the gross negligence or wilful misconduct of United Nations personnel. ARTICLE XI Privileges and immunities 1. The Convention of the Privileges and Immunities of the United Nations shall be applicable in respect of the Conference in accordance with the accession to the Convention by the Government of Mexico. 2. Representatives of States invited to the Conference shall enjoy the privileges and immunities provided under article IV of the said Convention. 3. Officials of the United Nations and experts on mission for the United Nations performing functions in connexion with the Conference shall enjoy the privileges and immunities provided under articles V, VI, and VII of the said Convention. Repre- sentatives of the specialized agencies and the International Atomic Energy Agency and of other intergovernmental organizations invited to the Conference shall enjoy the same privileges and immunities as accorded to officials of comparable rank of the United Nations. 4. Without prejudice to the provisions of the Convention on the Privileges and Immunities of the United Nations, all persons performing functions directly connected with the Conference, including observers invited by the United Nations, shall enjoy such privileges and immunities, facilities and courtesies as are necessary for the independent exercise of their functions in connexion with the Conference. 17 Came into force on the date of signature. 19 5. The Government shall ensure that no impediment is imposed on transit to and from the site of the Conference of the following categories of persons; (a) the persons referred to in article I of the present Agreement and their families, as well as members of the United Nations Secretariat and experts on mission for the United Nations and their families; (b) representatives of information media referred to in article II of the present Agreement; and (c) properly identified participants in recognized parallel activities referred to in article IV of the present Agreement. Any visa or documents required for entry or exit of such persons shall be granted promptly on application and without charge. 6. For the purpose of the application of the Convention on the Privileges and Immunities of the United Nations, conference premises shall be deemed to constitute premises of the United Nations. ARTICLE XII Import duties and taxes The Government shall allow the temporary importation of, and shall waive import duties and taxes for, all equipment and supplies necessary for the Conference. It shall issue without delay to the United Nations any necessary import and export permits. Such equipment and supplies shall not be sold in Mexico, except in accordance with the relevant provisions of Mexican law in force. (k) Agreement between the United Nations and the United States of America regarding the arrangements for the Second United Nations Symposium on the Development and Use of Geothermal Resources to be held at San Francisco, United States of America, from 20 to 29 May 1975.18 Signed at New York on 15 May 1975 ARTICLE VI Privileges, immunities and facilities 1. Officials and experts of the United Nations performing functions in connexion with or participating in the Symposium shall enjoy the privileges and immunities provided for such individuals under the Convention on the Privileges and Immunities of the United Nations or the International Immunities Act, Public Law 79-291, as amended.19 2. The federal, state or local authorities of the United States shall not impose any impediments to transit to or from the Symposium of the persons attending the Symposium in accordance with Article III, and the appropriate authorities of the host country shall afford any necessary protection to such persons while they are in transit or are attending the Symposium. 3. The Government shall give customs clearance between the port of entry and the site of the Symposium for the documentation and supplies, required for the Sym- posium, which are entitled under the Convention on the Privileges and Immunities

into force on the date of signature. 19 United Nations Legislative Series, Legislative Texts and Treaty Provisions concerning the Legal Status, Privileges and Immunities of International Organizations (ST/LEG/ SER.B/10; United Nations publication, Sales No.: 60.V.2), p. 128. 20 of the United Nations or the International Organizations Immunities Act of the United States to inviolability or to exemption from custom duties, or from prohibitions or restrictions on imports and exports.

ARTICLE VII Visas \. Nominal rolls of the participants referred to in Article III shall be forwarded in due course by the United Nations to the Government through the United States Mission to the United Nations. 2. Upon application for visas by duly invited or designated participants, as referred to herein, (a) when such application is made at least two and a half weeks before the opening of the session, visas shall be granted as speedily as possible, and free of charge, but not later than two weeks prior to the opening of the session; and (b) when such application is not made at least two and a half weeks before the opening of the session, visas shall be granted as speedily as possible, and free of charge, but not later than three days from receipt of the application. (/) Agreement between the United Nations and Costa Rica for the establishment of the Latin American Institute for the Protection of Crime and the Treatment of Offenders.20 Signed at New York on 11 July 1975

ARTICLE VII Privileges and immunities 1. Officials and experts of the Organization appointed to serve in the Institute shall be accorded the privileges and immunities provided under Articles V, VI and VII of the Convention on Privileges and Immunities of the United Nations, adopted by the General Assembly on 13 February 1946. They shall enjoy the right of unhindered entry into, and exit from, Costa Rica when travelling on official business. 2. The Government shall facilitate entry into, and exit from, Costa Rica of other persons participating in courses or other activities of the Institute, including those holding fellowships. 3. The archives and, in general, all documents belonging to the Institute or held by it shall be inviolable. 4. The Institute, its assets, income and other property shall be exempt from (a) all direct tax; (b~) customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the Institute for its official use, such articles not being for sale in Costa Rica except on the conditions agreed on by the Government; and (c) sales tax for purchases made on behalf of the Institute. (m) Agreement between the United Nations and Kenya regarding the arrangements on the joint United Nations/World Meteorological Organization Regional Training Seminar on the interpretation, analysis and use of meteorological satellite data to be held at Nairobi, Kenya, from 6 to 17 October 1975.21 Signed at New York on 3 October 1975 20 Came into force on the date of signature. 21 Came into force on the date of signature. 21 ARTICLE V Privileges, immunities and facilities 1. The Convention on the Privileges and Immunities of the United Nations shall be applicable in respect of the seminar. Accordingly, officials of the United Nations performing functions in connexion with the seminar shall enjoy the privileges and immunities provided under Articles V and VII of the said Convention. 2. Officials of the specialized agencies attending the seminar in pursuance of paragraph (d) of Article II of this Agreement shall enjoy the privileges and immunities provided under Articles VI and VII of the Convention on the Privileges and Immunities of the Specialized Agencies. 3. Participants attending the seminar in pursuance of Article II (a) and (b) of this Agreement shall enjoy the privileges and immunities of experts on mission under Article VI of the Convention on the Privileges and Immunities of the United Nations. 4. Without prejudice to the provisions of the Convention on the Privileges and Immunities of the United Nations, all participants, including observers invited by the United Nations, and all persons performing functions in connexion with the seminar shall enjoy such privileges and immunities, facilities and courtesies as are necessary for the independent exercise of their functions in connexion with the seminar. 5. All persons enumerated in Article II of this Agreement and all persons performing functions in connexion with the seminar who are not nationals of Kenya shall have the right of entry into and exit from Kenya. They shall be granted facilities for speedy travel. Entry visas shall be granted free of charge, as speedily as possible and within five days of an application being made. Exit permits, when required, shall be granted free of charge and without delay, in any case not later than three days before the closing of the seminar. ARTICLE VI Liability The Government shall be responsible for dealing with any actions, claims or other demands arising out of (a) injury or damage to persons or property in the premises referred to in Article IV 3 («) and (b) above; (b) injury or damage to persons or property caused or incurred in using transportation for the purpose of the seminar referred to in Article IV 3 (g); (c) recruitment for the seminar of the personnel referred to in Article IV 2, IV 3 (d) and (e), and IV 4, and the Gov- ernment shall hold the United Nations and its personnel harmless in respect of any such actions, claims or other demands. (rc) Agreement between the United Nations and Indonesia regarding the arrangements for the joint United Nations/Food and Agriculture Organi- zation Regional Seminar on remote sensing applications to be held at Jakarta, Indonesia, from 9 to 28 November 1975.22 Signed at New York on 4 November 1975 ARTICLE V Privileges, immunities and facilities 1. The Convention on the Privileges and Immunities of the United Nations shall be applicable in respect of the seminar. Accordingly, officials of the United 22 Came into force on the date of signature. 22 Nations performing functions in connexion with the seminar shall enjoy the privileges and immunities provided under Articles V and VII of the said Convention. 2. Officials of the specialized agencies attending the seminar in pursuance of paragraph (c) of Article II of this Agreement shall enjoy the privileges and immunities provided under Articles VI and VII of the Convention on the Privileges and Immu- nities of the specialized agencies. 3. Participants attending the seminar in pursuance of Article II (a) of this Agreement shall enjoy the privileges and immunities of experts on mission under Article VI of the Convention on the Privileges and Immunities of the United Nations. 4. Without prejudice to the provisions of the Convention on the Privileges and Immunities of the United Nations, all participants and all persons performing functions in connexion with the seminar shall enjoy such privileges and immunities, facilities, and courtesies as are necessary for the independent exercise of their functions in connexion with the seminar. 5. All persons enumerated in Article II of this Agreement and all persons performing functions in connexion with the seminar who are riot nationals of Indonesia shall have the right of entry into and exit from Indonesia. They shall be granted facilities for speedy travel. Entry and exit visas, if required, shall be granted free of charge and without delay. ARTICLE VI Liability The Government shall be responsible for dealing with any actions, claims or other demands arising out of (a) injury or damage to persons or property in the premises referred to in Article IV 4 (a) and (6) above; (b) injury or damage to persons or property during use of the transportation referred to in Article IV 4 (h) and (/); (c) recruitment for the seminar of the personnel referred to in Article IV 4 (b), (d) and (/) and Article IV 5 and the Government shall hold the United Nations and its personnel harmless in respect of any such actions, claims or other demands. (o) Letter agreement between the United Nations (United Nations Develop- ment Programme) and Fiji concerning the UNDP South Pacific Regional Office in Suva, Fiji.23 Signed at New York on 1 November 1975 and confirmed on 1 December 1975 LETTER FROM THE ADMINISTRATOR OF THE UNITED NATIONS DEVELOPMENT PROGRAMME 1 November 1975 On behalf of the United Nations Development Programme (UNDP), I have the honour to set forth in this letter arrangements for the appointment of a Regional Representative of the UNDP in your country.

4. (a) The Regional Representative and the staff members of his office, being officials of the United Nations within the meaning of the Convention on the Privileges and Immunities of the United Nations shall be entitled to the appropriate privileges, immunities and facilities under Article VIII of the Agreement dated 13 October 1970 23 Came into force on 1 December 1975. 23 between the Government and the UNDP24 concerning assistance to the Government from the then Special Fund of the United Nations. (b) The Regional Representative and staff members of his office shall be granted such additional privileges and immunities as may be necessary for the effective exercise of their functions.

3. AGREEMENTS RELATING TO THE UNITED NATIONS CHILDREN'S FUND: REVISED MODEL AGREEMENT CONCERNING THE ACTIV- ITIES OF UNICEF25 ARTICLE VI Claims against UNICEF [See Juridical Yearbook, 1965, pp. 31 and 32] ARTICLE VII Privileges and immunities [See Juridical Yearbook, 1965, p. 32] Revised agreement between the United Nations (United Nations Children's Fund) and Pakistan concerning the activities of UNICEF.26 Signed at Islamabad on 22 December 1975 This agreement contains articles similar to articles VI and VII of the revised model agreement.

4. AGREEMENTS RELATING TO THE UNITED NATIONS DEVELOP- MENT PROGRAMME: STANDARD BASIC AGREEMENTS CONCERN- ING ASSISTANCE BY THE UNITED NATIONS DEVELOPMENT PRO- GRAMME27 ARTICLE III Execution of projects

5. [See Juridical Yearbook, 1973, p. 24]

ARTICLE IX Privileges and immunities [See Juridical Yearbook, 1973, p. 25]

24 See Juridical Yearbook, 1970, p. 34. 26 UNICEF Field Manual, vol. II, Part IV-2, Appendix A (1 October 1964). 26 Came into force on the date of signature. 2T Document UNDP/ADM/LEG/34 of 6 March 1973. The standard basic agreement prepared by the Bureau of Administration and Finance, in consultation with the Executing Agencies of UNDP represents a consolidation of the standard Special Fund, Technical Assistance, Operational Assistance and Office Agreements of the UNDP, which it is designed to replace. 24 (a) Agreements between the United Nations Development Programme and the Governments of the Dominican Republic,28 the Bahamas,29 Bolivia,30 Guinea,31 Gambia,32 Cuba,33 Guinea-Bissau,34 E] Salvador35 and Bu- rundi36 concerning assistance from the United Nations Development Pro- gramme. Signed at Santo Domingo on 11 June 1974, at Nassau on 12 July 1974, at La Paz on 31 October 1974, at New York on 13 February 1975, at New York on 24 February 1975, at Havana on 17 May 1975, at Bissau on 23 June 1975, at San Salvador on 21 March 1975 and at Bujumbua on 20 November 1975 These agreements contain provisions similar to articles III 5, IX, X and XIII 4 of the standard basic agreement. (&) (i) Agreement between the United Nations (United Nations Develop- ment Programme) and Botswana concerning assistance from the United Nations Development Programme.37 Signed at Gaborone on 14 May 1975 This agreement contains provisions similar to articles III 5, IX, X and XIII, of the standard basic agreement. (ii) Exchange of letters constituting an understanding between the United Nations (United Nations Development Programme) and Botswana with respect to the provisions of the above-mentioned agreement concerning United Nations Volunteers.38 Gaborone, 14 May and 28 August 1975 I Letter from the Resident Representative of the United Nations Development Programme in Botswana 14 May 1975 I have the honour to refer to the Agreement signed today by and between the Government of the Republic of Botswana and the United Nations Development Programme (UNDP) concerning assistance to your Government by the UNDP. In this connexion, I have the honour to place on record certain understandings of the Parties with respect to the provisions of the Agreement concerning United Nations Volunteers. The services of United Nations Volunteers will be provided to the Government of Botswana in accordance with resolution 2659 (XXV) of the United Nations General Assembly and the Rules of Conduct and Conditions of Service adopted by the UNDP Governing Council under the following conditions:

28 Came into force provisionally on 11 June 1974 and definitively on 8 May 1975. 29 Came into force on 12 July 1974. 30 Came into force on 31 October 1974. 31 Came into force on 13 February 1975. 32 Came into force on 24 February 1975. 33 Came into force on 17 May 1975. 34 Came into force provisionally on 23 June 1975. 35 Came into force on 23 June 1975. 36 Came into force on 20 November 1975. 37 Came into force on the date of signature. 38 Came into force on 28 August 1975. 25 (3) As persons performing services on behalf on UNDP, United Nations Volunteers will be covered by Articles IX, X and XIII of the Standard Basic Assistance Agreement of even date between the Government of Botswana and UNDP. However, only the following limited privileges shall be requested for the United Nations Volun- teers: (a) Entry and exit visa free of charge. (&) Import of used personal and household effects, excluding a motor vehicle, within six months of their first arrival in Botswana, provided that save with the permission of the Director of Customs and Excise such goods are not sold or disposed of to other persons within a period of two years after the date of importations into Botswana. (c) Immunity from legal process in respect of words spoken or written and of acts performed by them in their official capacity. (d) Exemption from taxation on the salaries and emoluments paid to them by the United Nations. If the foregoing understandings are also those of your Government, I have the honour to suggest that this letter and your reply in that sense should be regarded as constituting an Agreement placing on record the understandings of the Parties in the matter. n Letter from the Permanent Secretary, Ministry of Finance and Development Planning 28 August 1975

I am directed to confirm that all the understandings as outlined in your letter including that of Tax Exemption are also those of the Botswana Government and that therefore your letter and this reply be regarded as constituting an Agreement between the Government and the UNDP in respect of this subject.

5. STANDARD BASIC AGREEMENTS BETWEEN THE UNITED NA- TIONS (UNITED NATIONS DEVELOPMENT PROGRAMME) AND THE INTERNATIONAL CIVIL AVIATION ORGANIZATION CON- CERNING UNDP TECHNICAL CO-OPERATION ACTIVITIES WITH GOVERNMENTS.39 SIGNED AT MONTREAL ON 21 NOVEMBER 1975 AND AT NEW YORK ON 5 DECEMBER 1975 ARTICLE XIII Waiver of immunities In the event that the Executing Agency retains the services of operational experts or consultant firms or organizations to assist it in the execution of a technical co- operation activity, the privileges and immunities to which any such operational expert or firm or organization and its personnel may be entitled under any agreement between the UNDP and a Government may be waived by the Executing Agency where, in its opinion, the immunity would impede the course of justice and can be waived without prejudice to the successful completion of the activity concerned or to the 39 Came into force on 5 December 1975. 26 interests of the UNDP or the Executing Agency; the Executing Agency shall waive such immunity in any case in which the UNDP so requests.

6. EXCHANGE OF LETTERS CONSTITUTING AN AGREEMENT BE- TWEEN THE UNITED NATIONS AND POLAND ON PRINCIPLES OF FINANCING THE PARTICIPATION OF THE POLISH CONTIN- GENT IN THE UNITED NATIONS EMERGENCY FORCE AND THE UNITED NATIONS DISENGAGEMENT OBSERVER FORCE IN THE MIDDLE EAST.40 NEW YORK, 23 OCTOBER 1975 I LETTER FROM THE PERMANENT REPRESENTATIVE OF POLAND TO THE UNITED NATIONS 23 October 1975 I have the honour to refer to the letter of 3 June 1975 of Mr. George F. Davidson, Under-Secretary-General for Administration and Management, to the Acting Permanent Representative of Poland to the United Nations. In this letter mention is made of the possibility of exchanging letters between the Government of the Polish People's Republic and the Secretary-General of the United Nations concerning the financial aspects of the participation of the Polish contingent in the United Nations Emergency Force and the United Nations Disengagement Observer Force in the Middle East. The Government of the Polish People's Republic considers, pending conclusion of a comprehensive agreement between Poland and the United Nations pertaining to all aspects of Poland's participation in UNEF and UNDOF, that it is desirable to formulate in writing the principles governing the financing and allocation of expenses with respect to the contingent provided by Poland for service in UNEF and UNDOF. These principles should be based upon relevant resolutions of the Security Council and General Assembly, and in particular on resolution 3211 (XXIX) and the decision of the General Assembly of 29 November 1974, which approved the budget of UNEF/ UNDOF and established standardized rates of payment to troop-contributing countries for pay and allowances for their troops serving in UNEF arid/or UNDOF. Taking into account the above mentioned decisions of the United Nations organs and also the Memoranda of Understanding based on discussions at the United Nations Headquarters in New York between the Secretariat and the delegations of Poland and Canada, held from 6 to 21 November 1973, and those held between high-ranking officials of the United Nations Secretariat and a group of Polish Government experts from 22 January to 6 February 1974, the Government of the Polish People's Republic acts on the understanding that the United Nations accepts the obligation, subject to relevant decisions of the Security Council and General Assembly, to reimburse to the Polish Government out of funds for the purpose: 1. The amounts with respect to pay and allowances for its troops serving with UNEF/UNDOF at the rates provided for by the relevant decisions of the United Nations General Assembly; 2. The expenses incurred with respect to transportation, as authorized by the United Nations, for regular periodic and extraordinary rotations as well as the repatriation of the Polish contingent upon completion of the mission with its equipment, installations, vehicles and matériel;

40 Came into force on 23 October 1975. 27 3. The costs of usage and/or depreciation, at appropriate rates, of equipment, installations, vehicles and matériel, both new and used, provided by the Polish authorities at the United Nations request. Such rates shall be based on depreciation criteria which shall be decided upon in direct negotiations between representatives of the Polish Government and the United Nations Secretariat; 4. Benefits, indemnities, and other related expenses paid by the Polish Gov- ernment, based upon its national legislation and/or regulations for death, injury, disability or illness attributable to service with UNEF/UNDOF, from the contingent's departure to its return to Poland upon completion of its mission, and in cases of illness including the period necessary for such illness to be exposed; 5. Other properly substantiated extraordinary costs (exclusive of those included in the above) for which reimbursement is agreed, incurred by the Polish authorities in connexion with Poland's participation in UNEF/UNDOF and resulting from the performance of functions entrusted to the Polish contingent. Mutually recognized claims of the United Nations arising from the participation of the Polish contingent will be settled by offsetting against amounts otherwise owed by United Nations to the Polish Government or by another agreed method of settlement. I propose that this letter and your reply should constitute the Agreement 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. Accept, Sir, the assurances of my highest consideration.

II LETTER FROM THE SECRETARY-GENERAL 23 October 1975 I have the honour to acknowledge the receipt of your letter of today's date concerning the principles governing the financing of the participation of the Polish contingent in the United Nations Emergency Force and the United Nations Disen- gagement Observer Force in the Middle East, which reads as follows: [See letter I above] I wish to confirm that the proposals contained in your letter are satisfactory and acceptable to the United Nations and that your letter and this reply shall constitute the Agreement between the United Nations and the Polish Government 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. Accept, Sir, the assurances of my highest consideration.

28 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.41 APPROVED BY THE GENERAL ASSEM- BLY OF THE UNITED NATIONS ON 21 NOVEMBER 1947 In 1975, the following States acceded to the Convention or, if already parties, undertook by a subsequent notification to appiy the provisions of the Convention, in respect of the specialized agencies indicated below:42 Date of receipt of instrument of accession Specialized State or ratification agencies Togo Notification 16 September 1975 UPU Zambia Notification of 16 June 1975 ILO, PAO, ICAO, UNESCO, succession WHO (second revised text of annex VII), UPU, ITU, WMO, IMCO (revised text of annex XII )43 As of 31 December 1975, 82 States were parties to the Convention.44

2. INTERNATIONAL LABOUR ORGANISATION (a) Agreement between the ILO and Zaire concerning the establishment of an ILO Office in Kinshasa.45 Signed at Kinshasa on 1 April 1975 This agreement contains an article similar to article 2 of an agreement between the ILO and Trinidad and Tobago reproduced on page 29 of the Juridical Yearbook, 1969. The other relevant provisions of the agreement read as follows: ARTICLE 4 1. The Executive Council shall facilitate the entry into, professional activity, travel and sojourn in, and departure from Zaire, of personnel assigned to the Kinshasa Office of the International Labour Organisation and of persons required to go there on official business. 2. The Executive Council shall accept and recognize as a valid travel document the United Nations laissez-passer issued by the International Labour Organisation to its personnel and to experts going to Zaire on official business. 3. The spouses and minor children of the personnel of the Kinshasa Office shall enjoy the privileges and immunities provided for in article 2, paragraph 1, and in paragraphs 1 and 2 the present article.

41 United Nations, Treaty Series, vol. 33, p. 261. 42 Ths Convention is in force with regard 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. 43See Juridical Yearbook, 1968, p. 66. 44 For the list of those States, see Multilateral Treaties in respect of which the Secretary- General performs Depositary Functions (ST/LEG/SER.D/9; United Nations publication, Sales No. E.76.V.7), p. 40. 45 Came into force on the date of signature. 29 ARTICLE 5 The Office of the International Labour Organisation and its personnel shall co-operate at all times with the competent Zairian authorities in order to preserve justice, to observe the regulations in force and to avoid any abuse of the privileges and immunities included in this agreement. (b) Agreement between the ILO and Fiji concerning the establishment of an ILO Office in Suva.46 Signed at Suva on 8 April 1975 This agreement contains provisions similar to article 2 and 3 of the agreement between the ILO and Trinidad and Tobago referred to under (a) above. (c) Agreement between the ILO and Madagascar concerning the establishment of an ILO Office in Tananarive.47 Signed at Tananarive on 14 April 1975 This agreement contains provisions similar to articles 2, 3 and 5 of an agreement between the ILO and Lebanon, reproduced on page 53 of the Juridical Yearbook, 1966.

3. FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS (û) Agreements based on the standard "Memorandum of Responsibilities" in respect of FAO sessions Agreements concerning specific sessions held outside FAO headquarters and containing provisions on privileges and immunities of FAO and participants similar to the standard text (published in the Juridical Yearbook, 1972, p. 32) were concluded in 1975 with the Governments of the following countries acting as hosts to such sessions : Australia, Austria, Brazil, Bulgaria, Canada, Costa Rica, Cuba, Czechoslovakia, Ecuador, Egypt, Finland, France,48 Ghana, Greece, Iraq, Israel, Italy,48 Ivory Coast, Japan,48 Kenya, Kuwait, Malaysia, Monaco,48 Nicaragua, Norway, Pakistan, Panama, Philippines, Portugal, Romania, Sweden,48 Thailand, Trinidad and Tobago, Tunisia, United Kingdom,48 United States of America,48 Yugoslavia. (b) Agreements based on the standard "Memorandum of Responsibilities" in respect of group seminars, training courses, study tours or workshops Agreements concerning specific group seminars, training courses, study tours or workshops, and containing provisions on privileges and immunities of FAO and participants similar to the standard text (published in the Juridical Yearbook, 1972, p. 33), were concluded in 1975 with the Governments of the following countries acting as hosts to such group seminars, training courses, study tours or workshops: Algeria, Ecuador, Egypt, Ghana, Hungary, Italy,48 Kenya, Malaysia, Morocco, Niger, Nigeria, Pakistan, Peru, Philippines, Sri Lanka, Surinam, Thailand, Tunisia, United Kingdom, Upper Volta, Venezuela, Western Samoa.

46 Came into force on the date of signature. 47 Came into force on the date of signature. 48 Certain exceptions to or amendments of the standard text were introduced at the request of the host Government. 30 4. UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION Agreements relating to conferences, seminars and other meetings O) Agreement between the Federal Military Government of Nigeria and the United Nations Educational, Scientific and Cultural Organization concerning the Conference of Ministers of Education of African Member States. Signed at Paris on 9 July 1975 and at Lagos on 22 July 1975 III. Privileges and immunities The Government of Nigeria will apply in respect of the Conference the provisions of the Convention on the Privileges and Immunities of the; Specialized Agencies and annex IV thereto relating to UNESCO, to which it has been a party since 26 June 1961. In particular, it will ensure that no restriction is placed upon the right of entry into and sojourn in as well as departure from its territory of any person entitled to attend the Conference in an official capacity, without distinction of nationality. (b) Agreements containing a provision similar to that referred to in paragraph (a) above were also concluded between UNESCO and the Governments of Algeria, Austria, Bulgaria, the Central African Republic, Colombia, Congo, Ecuador, Egypt, Finland, Ghana, India, Kuwait, Malaysia, Mexico, Morocco, Nepal, Pakistan, the Philippines, Poland, Tunisia, the Union of Soviet Socialist Republics, Upper Volta, Yugoslavia and Zaire, concerning meetings held in their respective territories.

5. WORLD HEALTH ORGANIZATION Basic Agreements between WHO and the Governments of Botswana and Surinam for the provision of technical advisory assistance.19 Signed respectively at Brazzaville on 25 March and Gaborone on 17 June 1975 and at Paramaribo on 25 November 1975 These agreements contain provisions similar to article I, paragraph 6, and article V of the Agreement between the World Health Organization and Guyana reproduced on page 56 of the Juridical Yearbook, 1968.

6. INTERNATIONAL ATOMIC ENERGY AGENCY (1) Agreement on the Privileges and Immunities of the International Atomic Energy Agency.50 Approved by the Board of Governors of the Agency on 1 July 1959 (a) Deposit of instrument of acceptance The following Member State accepted the Agreement on the Privileges and Immu- nities of the International Atomic Energy Agency in 1975, on the date indicated:51 Mauritius 7 April 1975 49 Came into force respectively on 17 June 1975 and 25 November 1975. so United Nations, Treaty Series, vol. 374, p. 147. 51 The Agreement enters into force as between the Agency and the accepting State on the date of deposit of the instrument of acceptance. 31 The Agreement was accepted without reservation. This brought up to 45 the number of States parties to this Agreement. (b) Incorporation of provisions of the Agreement on the Privileges and Im- munities of the International Atomic Energy Agency by reference in other agreements (i) Article 10 of the Agreement of 23 August 1973 between the Government of the Republic of Ghana and the International Atomic Energy Agency for the Application of Safeguards in connexion with the Treaty on the Non-Proliferation of Nuclear Weapons; entered into force on 17 February 1975 (INFCIRC/226). (ii) Article 10 of the Agreement of 30 January 1973 between the Government of the Kingdom of Morocco and the International Atomic Energy Agency for the Application of Safeguards in connexion with the Treaty on the Non-Proliferation of Nuclear Weapons; entered into force on 18 February 1975 (INFCIRC/228). (iii) Article 11 of the Agreement between the International Atomic Energy Agency, the Government of the Principality of Monaco and the Océano- graphie Institute at Monaco concerning developmental studies on the effects of radio-activity in the sea; entered into force on 25 February 1975 (INFCIRC/129/Rev.l). (iv) Article 10 of the Agreement of 2 October 1974 between the Republic of Ecuador and the International Atomic Energy Agency for the Applica- tion of Safeguards in connexion with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Prolif- eration of Nuclear Weapons; entered into force on 10 March 1975 (INFCIRC/231). (v) Part V, Section 25 of the Agreement between the International Atomic Energy Agency, the Government of Israel and the Government of the United States of America for the Application of Safeguards; entered into force on 4 April 1975. (vi) Article 10 of the Agreement between the Government of the Kingdom of Sweden and the International Atomic Energy Agency for the Applica- tion of Safeguards in connexion with the Treaty on the Non-Proliferation of Nuclear Weapons; entered into force on 14 April 1975 (INFCIRC/ 234). (vii) Article 10 of the Agreement between the Republic of Honduras and the International Atomic Energy Agency for the Application of Safeguards in connexion with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons; entered into force on 18 April 1975 (INFCIRC/235). (viii) Article 10 of the Agreement between the Republic of El Salvador and the International Atomic Energy Agency for the Application of Safe- guards in connexion with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons; entered into force on 22 April 1975 (INFCIRC/ 232). • (ix) Article 10 of the Agreement of 5 April 1973 between the Kingdom of the Netherlands and the International Atomic Energy Agency for the 32 Application of Safeguards with respect to the Netherlands Antilles in connexion with the Treaty on the Non-Proliferation of Nuclear Weapons and Additional Protocol I to the Treaty for the Prohibition of Nuclear Weapons in Latin America; entered into force on 5 June 1975 (INFCIRC/ 229). (x) Article 10 of the Agreement of 5 April 1973 between the Kingdom of the Netherlands and the International Atomic Energy Agency for the Application of Safeguards with respect to Surinam in connexion with the Treaty on the Non-Proliferation of Nuclear Weapons and Additional Protocol I to the Treaty for the Prohibition of Nuclear Weapons in Latin America; entered into force on 5 June 1975 (INFCIRC/230). (xi) Section 17 of the Agreement between the International Atomic Energy Agency and the Government of Spain for the Application of Safeguards; entered into force on 18 June 1975 (INFCIRC/221). (xii) Article 10 of the Agreement of 28 July 1975 between the Kingdom of Swaziland and the International Atomic Energy- Agency for the Applica- tion of Safeguards in connexion with the Treaty on the Non-Proliferation of Nuclear Weapons; entered into force on 28 July 1975 (INFCIRC/ 227). (xiii) Section 21 of the Agreement of 22 September 1975 between the Interna- tional Atomic Energy Agency, the Government of the Republic of Korea and the Government of the French Republic for the Application of Safeguards; entered into force on 22 September 1975 (INFCIRC/233). (xiv) Article VI, Section 8 of the Agreement between the International Atomic Energy Agency and the Government of Venezuela for assistance by the Agency to Venezuela in continuing a reactor project; entered into force on 7 November 1975 (INFCIRC/238). (xv) Article 10 of the Agreement between the Government of the Republic of Korea and the International Atomic Energy Agency for the Application of Safeguards in connexion with the Treaty on the Non-Proliferation of Nuclear Weapons; entered into force on 14 November 1975 (INFCIRC/ 236). (2) Provisions affecting the Privileges and Immunities of the International Atomic Energy Agency in Austria Supplemental Agreement in the form of an Exchange of Letters concerning Turn-Over Taxes; entered into force on 1 February 1975 (INFCIRC/15/Rev. 1, part VI).

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 I. DISARMAMENT AND RELATED MATTERS 1. MEETINGS OF THE CONFERENCE OF THE COMMITTEE ON DISARMAMENT During its two series of meetings in 1975, the Conference of the Committee on Disarmament1 continued discussion on several recurrent items, particularly those connected with the prohibition of chemical weapons and the cessation of nuclear weapon tests. Measures relating to the non-proliferation of nuclear weapons and to the early cessation of the nuclear arms race were also considered, particularly in connexion with the Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons. The Conference concentrated its attention, however, on the following three new subjects on the agenda: the arms control implications of peaceful nuclear explosions within the framework of a comprehensive test ban, the question of nuclear-weapon-free zones and the prohibition of environmental modification for hostile purposes. Between 14 and 18 July 1975, informal meetings were held, with the participation of 11 experts, to discuss the question of peaceful nuclear explosions. Pursuant to resolution 326IF (XXIX) of 9 December 1974, the Conference of the Committee on Disarmament invited 21 States to appoint experts to participate in an Ad Hoc Group to carry out a comprehensive study of the question of nuclear- weapon-free zones in all its aspects. The Ad Hoc Group of Qualified Goverment Experts for the Study of the Question of Nuclear-Weapon-Free Zones held two rounds of meetings in 1975 and submitted a report (CCD/467)2 to the Conference. Pursuant to General Assembly resolution 3264 (XXIX) of 9 December 1974, the Conference of the Committee on Disarmament discussed the question of the prohibition of action to influence the environment and climate for military and other hostile purposes, which are incompatible with the maintenance of international security, human well-being and health. Informal meetings were held on the; subject between 4 and 8 August 1975. On 21 August, the Union of Soviet Socialist Republics and the United States of America submitted identical draft texts of a convention on this question to the Conference (CCD/471, CCD/472).^ All aspects of the work of the Conference of the Committee on Disarmament in 1975 were covered in its report to the General Assembly (A/10027-DC/238).4 1 For the membership of the Conference, see General Assembly resolution 3261 (XXIX). 2 For the printed text, see Official Records of the General Assembly, Thirtieth Session, Supplement No. 27 A (A/10027/Add.l), annex I. For the action taken by the General Assembly at its thirtieth session on this question, see subsection 8 of the present section below. *Ibid., Supplement No. 27 (A/10027), annex II. For the action taken by the General Assembly at its thirtieth session on this question, see subsection 10 of the present section below. *Ibid., Supplement No. 27 (A/10027). 37 2. WORLD DISARMAMENT CONFERENCE The Ad Hoc Committee on the World Disarmament Conference5 held 12 meetings between 1 April and 27 August 1975 and submitted a report to the General Assembly6 in accordance with resolution 3260 (XXIX) of 9 December 1974. The report contained a summary of the views of States on the objectives of a world disarmament conference, their comments regarding other aspects of such a conference, and the Committee's conclusions. It also contained a recommendation regarding the Ad Hoc Committee's future work under an appropriate mandate. The General Assembly, by resolution 3469 (XXX) of 11 December 1975, reaffirmed resolution 3260 (XXIX) in its entirety and renewed the mandate of the Ad Hoc Committee on the World Disarmament Conference. 3. ECONOMIC AND SOCIAL CONSEQUENCES OF THE ARMAMENTS RACE AND ITS EXTREMELY HARMFUL EFFECTS ON WORLD PEACE AND SECURITY This item was included in the agenda of the thirtieth session of the General Assembly in accordance with resolution 3075 (XXVIII) of 6 December 1973 by which the Assembly had requested the Secretary-General to pursue the study of the consequences of the arms race to enable him to submit, on request, an up-to-date report on the matter.7 The original report of the Secretary-General (A/8649 and Add.l) was submitted to the Assembly in 1971 and issued as a publication in 1972.8 By resolution 3462 (XXX) of 11 December 1975, the General Assembly, after recalling its earlier resolutions on the matter and expressing its concern that, despite repeated requests for its cessation, the arms race, particularly of nuclear armaments, had continued to increase alarmingly, inter alia called upon all States and organs concerned with disarmament issues to preoccupy themselves with the adoption of effective measures for the cessation of the arms race, especially hi the nuclear field, and for the reduction of military budgets, and to make sustained efforts towards general and complete disarmament. 4. NAPALM AND OTHER INCENDIARY WEAPONS AND ALL ASPECTS OF THEIR POSSIBLE USE In considering this item, the General Assembly had before it two reports of the Secretary-General (A/10222, A/10223 and Add.l)9 submitted pursuant to resolutions 3255 A and B (XXIX), respectively, of 9 December 1974. The first report gave an account of the work of the Diplomatic Conference on the Reaffirmation and Devel- opment of International Humanitarian Law Applicable in Armed Conflicts and, more particularly, its consideration of the question of the use of napalm and other incendiary weapons, as well as other specific conventional weapons which might be deemed to cause unnecessary suffering or to have indiscriminate effects, and its efforts for agreement on rules prohibiting or restricting the use of such weapons. The second report contained the substantive replies of 17 Governments and of the International Committee of the Red Cross and WHO to the Secretary-General's request for infor- 5 For the membership of the Ad Hoc Committee, see General Assembly resolution 3183 (XXVIII). 6 Official Records of the General Assembly, Thirtieth Session, Supplement No. 28 (A/ 10028 and Corr.l). For other relevant documents, see ibid., Thirtieth Session, Annexes, agenda item 40. 7 For relevant documents, see ibid., Thirtieth Session, Annexes, agenda item 31. 8 Economic and Social Consequences of the Arms Race and of Military Expenditures (United Nations publication, Sales No.: E.72.IX.16). 9 For other relevant documents, see Official Records of the General Assembly, Thirtieth Session, Annexes, agenda item 35. 38 mation on the question of the use of napalm and other incendiary weapons in armed conflicts. By resolution 3464 (XXX) of 11 December 1975, the General Assembly inter alia invited the Diplomatic Conference to continue its consideration of the use of specific conventional weapons and its search for agreement on possible rules prohibiting or restricting the use of such weapons and decided to include in the provisional agenda of its thirty-first session an item entitled "Incendiary and other specific conventional weapons which may be the subject of prohibitions or restrictions of use for humanitarian reasons". 5. CHEMICAL AND BACTERIOLOGICAL (BIOLOGICAL) WEAPONS In considering this item, the General Assembly had before it the report of the Conference of the Committee on Disarmament (A10027-DC/238).10- n By resolution 3465 (XXX) of 11 December 1975, the General Assembly reaffirmed the objective of reaching early agreement on the effective prohibition of the development, production and stockpiling of all chemical weapons and on their elimination from the arsenals of all States; urged all States to make every effort to facilitate such agreement; requested the Conference of the Committee on Disarmament to continue negotiations as a matter of high priority, taking account of the existing proposals, with a view to reaching early agreement on the question; invited all States that had not already done so to accede to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction;12 invited all States that had not already done so to accede to or ratify the Protocol for the Prohibition of the Use in War of Asphyx- iating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925,13 and called again for strict observance by all States of the principles and objectives contained therein. 6. URGENT NEED FOR CESSATION OF NUCLEAR AND THERMONUCLEAR TESTS AND CONCLUSION OF A TREATY DESIGNED TO ACHIEVE A COMPREHENSIVE TEST BAN In considering this item, the General Assembly had before it the report of the Conference of the Committee on Disarmament (A/10027-DC/238),14 a letter dated 22 September 1975 from Mexico (A/C.1/1055), and a letter dated 27 October from Sweden (A/C.1/1067). By resolution 3466 (XXX) of 11 December 1975, the General Assembly noted: that the Final Declaration of the Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons,15 adopted by consensus on 30 May 1975 (see A/C.1/1068, annex I), had expressed the view that a comprehensive test ban treaty was one of the most important measures to halt the nuclear arms race, had expressed the hope that the nuclear-weapon States parties to the Treaty would take the lead in reaching an early solution on the issue, and had appealed to those States to make every effort to reach agreement on the conclusion of an effective comprehensive test ban; that the final documentation of the Conference had included a draft resolution and a draft additional protocol to the Treaty, whereby the nuclear-

10 For the printed text, see ibid., Thirtieth Session, Supplement No. 27 (A/10027). 11 For other relevant documents, see ibid., Thirtieth Session. Annexes, agenda item 36. 12 Resolution 2826 (XXVI), Annex. Also reproduced in the Juridical Yearbook, 1971, p. 118. 13 League of Nations, Treaty Series, vol. XCIV, p. 65. 14 See foot-note 10 above. 15 Reproduced in the Juridical Yearbook, 1968, p. 156. 39 weapon States depositaries of the Treaty would agree on a moratorium on tests which could in due course become a comprehensive test ban embracing all nuclear-weapon States; and that the desire had been expressed by a considerable number of delegations at the Conference that the nuclear-weapon States parties to the Treaty should, as soon as possible, enter into an agreement to halt all their nuclear weapon tests for a specific time, whereupon the terms of such an agreement would be reviewed in the light of the opportunity at that time to achieve a universal and permanent cessation of all nuclear weapon tests. Furthermore, the Assembly condemned all nuclear weapon tests; deplored the continued lack of progress towards a comprehensive test ban agreement; emphasized the urgency of reaching such an agreement; called upon all nuclear- weapon States to halt all nuclear weapon tests through an agreed suspension, subject to review after a specified period, as an interim step towards the conclusion of a formal comprehensive test ban agreement; emphasized the particular responsibility of the nuclear-weapon States parties to international agreements in which they had declared their intention to achieve the earliest possible cessation of the nuclear arms race; called upon States not parties to the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water to adhere to it forthwith; and urged the Conference of the Committee on Disarmament to give the matter the highest priority and to report to the Assembly at its thirty-first session on the progress achieved.

7. IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 3258 (XXIX) CONCERNING THE SIGNATURE AND RATIFICATION OF ADDITIONAL PROTOCOL II OF THE TREATY FOR THE PROHIBITION OF NUCLEAR WEAPONS IN LATIN AMERICA (TREATY OF TLATELOLCO)16 By resolution 3467 (XXX) of 11 December 1975," the General Assembly, recalling with satisfaction that the United Kingdom of Great Britain and Northern Ireland, the United States of America, France and China were already parties to Additional Protocol II of the Treaty for the Prohibition of Nuclear Weapons in Latin America (Treaty of Tlatelolco), again urged the Union of Soviet Socialist Republics to sign and ratify Additional Protocol II.

8. COMPREHENSIVE STUDY OF THE QUESTION OF NUCLEAR-WEAPON-FREE ZONES IN ALL ITS ASPECTS In considering this item, the General Assembly had before it the special report of the Conference of the Committee on Disarmament containing the comprehensive study (CCD/467),18 prepared by the Ad Hoc Group of Qualified Governmental Experts for the Study of the Question of Nuclear-Weapon-Free Zones under the auspices of the Conference, pursuant to Assembly resolution 3261 F (XXIX). The Group of Experts, in the study, stated that, in fulfilling its tasks, it had attempted to elaborate the concept of nuclear-weapon-free zones, to identify the principal issues involved in such zones and to analyse their implications both for zonal and extrazonal States. The Group further stated that the study did not attempt to establish any precise rules; it only indicated certain guidelines that could be used concerning the establishment of such zones. By resolution 3472 A (XXX) of 11 December 1975, the General Assembly inter alia took note of the special report of the Conference of the Committee on Disarmament. By resolution 3472 B (XXX) of the same date the General Assembly 16 Reproduced in the Juridical Yearbook, 1967, p. 284. 17 For relevant documents, see Official Records of the General Assembly, Thirtieth Session, Annexes, agenda item 38. 18 See foot-note 2 above. 40 solemnly adopted a declaration defining the concept of a nuclear-weapon-free zone as any zone, recognized as such by the Assembly, which any group of States has freely established by virtue of a treaty or convention whereby the statute of total absence of nuclear weapons to which the zone shall be subject, including the procedure for the delimitation of the zone, is defined and whereby an international system of verification and control is established to guarantee compliance with the obligations deriving from that statute. It also defined the principal obligations of the nuclear- weapon States towards nuclear-weapon-free zones and towards the States included therein, to be undertaken or reaffirmed in a legally binding international instrument, as the following: to respect in all its parts the statute of total absence of nuclear weapons defined in the treaty or convention which serves as the constitutive instrument of the zone; to refrain from contributing in any way to the performance in the territories forming part of the zone of acts which involve a violation of the aforesaid treaty or convention; and to refrain from using or threatening to use nuclear weapons against the States included in the zone. Finally it noted that the scope of the above definitions would in no way impair the resolutions which the Assembly had adopted or might adopt with regard to specific cases of nuclear-weapon-free zones nor the rights emanating for the Member States from such resolutions.19 9. IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 3262 (XXIX) CON- CERNING THE SIGNATURE AND RATIFICATION OF ADDITIONAL PROTOCOL I OF THE TREATY FOR THE PROHIBITION OF NUCLEAR WEAPONS IN LATIN AMERICA (TREATY OF TLATELOLCO) 20 In considering this item, the General Assembly had before it a report (A/ 10266)21 submitted under resolution 3262 (XXIX) of 9 December 1974 in which the Secretary-General noted that he had received no replies from France or the United States of America concerning any measure adopted by them with regard to paragraph 2 of that resolution urging them to become parties to Additional Protocol I of the Treaty for the Prohibition of Nuclear Weapons in Latin America (Treaty of Tlatelolco). By resolution 3473 (XXX) of 11 December 1975, the General Assembly, recalling with satisfaction that the United Kingdom of Great Britain and Northern Ireland and the Netherlands were already parties to Additional Protocol I of the Treaty, again urged France and the United States of America to sign and ratify the Protocol as soon as possible. 10. PROHIBITION OF ACTION TO INFLUENCE THE ENVIRONMENT AND CLIMATE FOR MILITARY AND OTHER HOSTILE PURPOSES, WHICH ARE INCOMPATIBLE WITH THE MAINTENANCE OF INTERNATIONAL SECURITY, HUMAN WELL-BEING AND HEALTH In considering this item, the General Assembly had before it the report of the Conference of the Committee on Disarmament (A/10027-DC/238).22'23 19 In connexion with the question of nuclear-weapon-free zones, mention may also be made of General Assembly resolutions 3471 (XXX), 3474 (XXX), 3476 A and B (XXX) and 3477 (XXX) of 11 December 1975, entitled respectively "Implementation of the Declara- tion on the Denuclearization of Africa", "Establishment of a nuclear-weapon-free zone in the region of the Middle East", "Declaration and establishment of a nuclear-weapon-free zone in South Asia" and "Establishment of a nuclear-weapon-free zone in the South Pacific". 20 Reproduced in the Juridical Yearbook, 1967, p. 283. 21 For other relevant documents, see Official Records of the General Assembly, Thirtieth Session, Annexes, agenda item 45. 22 See foot-note 10 above. 23 For other relevant documents, see Official Records of the General Assembly, Thirtieth Session, Annexes, agenda item 47. 41 By resolution 3475 (XXX) of 11 December 1975, the General Assembly, noting with satisfaction that the delegations of the Union of Soviet Socialist Republics and the United States of America had submitted to the Conference of the Committee on Disarmament identical drafts of a convention on the prohibition of military or any other hostile use of environmental modification techniques and that other delegations had offered suggestions and preliminary observations regarding those drafts, inter alia requested the Conference to continue negotiations, bearing in mind existing proposals and relevant discussion, with a view to reaching early agreement, if possible during the 1976 session of the Conference, on the text of a convention on the prohibition of military or other hostile use of environmental modification techniques and to submit a special report on the results achieved for consideration by the Assembly at its thirty-first session. 11. CONCLUSION OF A TREATY ON THE COMPLETE AND GENERAL PROHIBITION OF NUCLEAR WEAPON TESTS This item was included in the agenda of the thirtieth session of the General Assembly at the request of the Union of Soviet Socialist Republics (A/10241).24 In the request, the USSR drew attention to the need to consolidate the process of political détente by taking measures in the military field aimed at halting the arms race and working towards disarmament. Stressing the great significance of the prohibition of nuclear weapon tests in the elimination of the danger of nuclear war and towards halting the nuclear arms race, the USSR believed that it was of the utmost importance to take measures at the international level on the complete and general prohibition of nuclear weapon tests and underlined the necessity to conclude an appropriate international treaty with wide participation providing for the complete prohibition of nuclear weapon tests in all environments by all States. A draft treaty on the subject was annexed to the request. By resolution 3478 (XXX) of 11 December 1975, the General Assembly, recognizing the urgent need for the cessation everywhere and by all of nuclear weapon tests, including underground tests, inter alia took note of the draft treaty on the complete and general prohibition of nuclear weapon tests submitted by the Union of Soviet Socialist Republics; and called upon all nuclear-weapon States to enter into negotiations, not later than 31 March 1976, with a view to reaching agreement on the subject and invited 25 to 30 non-nuclear-weapon States, to be appointed by the President of the General Assembly after consultations with all regional groups, to participate in those negotiations and to inform the Assembly, at its thirty-first session, of the results of the negotiations. 12. PROHIBITION OF THE DEVELOPMENT AND MANUFACTURE OF NEW TYPES OF WEAPONS OF MASS DESTRUCTION AND NEW SYSTEMS OF SUCH WEAPONS This item was included in the agenda of the thirtieth session of the General Assembly at the request of the Union of Soviet Socialist Republics (A/10243).25 In the request, the USSR stressed that the positive changes in the international situation facilitated the further development of the process of détente. It noted that, despite the various international agreements concluded and the negotiations currently under way in the field of disarmament, the arms race was continuing and the danger that science and technology would be used to create new types of weapons of mass destruction was becoming increasingly real. To prevent science and technology from being used for such military purposes, it would be necessary to work out an appro-

24 For the request and other relevant documents, see ibid., Thirtieth Session, Annexes, agenda item 122. 25 Ibid., agenda item 126. 42 priate international agreement banning the development of new types of weapons of mass destruction and of new systems of such weapons. Such an agreement should not create obstacles to the economic, scientific and tecnological progress of the States parties. The USSR further stated that the adoption by the Assembly of a decision favouring the idea of concluding such an international agreement would constitute a major contribution to the limitation of the arms race. A draft: agreement was annexed to the request. By resolution 3479 (XXX) of 11 December 1975, the General Assembly inter alia considered it necessary to take effective steps, by concluding an appropriate international treaty or agreement, for the prohibition of the development and manufacture of new types of weapons of mass destruction and new systems of such weapons; took note of the draft agreement on the subject submitted by the Union of Soviet Socialist Republics as well as points of view and suggestions put forward during the discussion of that question; and requested the Conference of the Com- mittee on Disarmament to proceed, with the assistance of qualified governmental experts, to work out the text of such an agreement and to submit to the Assembly, at its thirty-first session, a report on the results achieved.

13. GENERAL AND COMPLETE DISARMAMENT In considering this item, the General Assembly had before it, in addition to the report of the Conference of the Committee on Disarmament (A/10027-DC/238),26- 27 three documents concerning the peaceful application of nuclear explosions, namely, a note by the Secretary-General transmitting the nineteenth report of IAEA (A/ 10168 and Corr.l and Add.l); a note by the Secretary-General (A/10215) transmitting the text of a letter dated 18 August 1975 addressed to him by the Secretary- General of the Review Conference of the Parties to the Treaty on the Non-Prolifera- tion of Nuclear Weapons, pursuant to paragraph 4 of Assembly resolution 3261 (D) (XXIX) of 9 December 1974; and a note by the Secretary-General dated 27 October 1975 (A/10316). By resolution 3484 (XXX) of 12 December 1975, the General Assembly, recalling its resolutions 3261 D (XXIX) of 9 December 1974 and 3386 (XXX) of 12 November 1975, appealed once again to all States, in particular nuclear-weapon States, to exert concerted efforts in all appropriate international forums with a view to working out effective measures for the cessation of the nuclear arms race and the prevention of the further proliferation of nuclear weapons; and noted with appreciation (a) the report of IAEA concerning its studies of the peaceful applications of nuclear explosions, including information on the establishment of the Ad Hoc Advisory Group on Nuclear Explosions for Peaceful Purposes, (b) paragraphs 62 to 78 of the report of the Conference of the Committee on Disarmament concerning the arms control implications of peaceful nuclear explosions within the framework of a comprehensive test ban, (c) the consideration by the Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons of the role of nuclear explosions for peaceful purposes as provided for in that Treaty (see A/10215, annex), and (d) the observations of the Secretary-General in the introduction to his annual report submitted to the Assembly at its thirtieth session. The Assembly also noted the conclusions of the Review Conference concerning article V of the Treaty, contained in the Final Declaration of the Conference (see A/C.1/1068, annex I); noted that the final documentation of the Review Conference included a draft resolution (see A/10215, annex, para. 4) urging the depositary Governments of the

26 See foot-note 10 above. 27 For other relevant documents, see Official Records of the General Assembly, Thirtieth Session, agenda item 41. 43 Treaty to initiate consultations with all other States parties to the Treaty to seek agreement concerning a meeting of those parties to conclude the special basic international agreement contemplated in article V of the Treaty; noted that, according to information provided by the Union of Soviet Socialist Republics and the United States of America to the Review Conference under resolution 3261 D (XXIX), no consultations had taken place concerning the international agreement envisaged in article V of the Treaty; and invited the USSR and the United States to provide to the Assembly, at its thirty-first session, information on such consultations as they might have entered into or might intend to enter into for the conclusion of the international agreement envisaged in article V of the Treaty. Furthermore, the Assembly requested IAEA to continue its examination of the peaceful application of nuclear explosions, authorized by the Board of Governors of the Agency under its resolution of 11 June 1975 (A/ 10168/Add.l), and to report on its progress to the Assembly at its thirty-first session; requested the Conference of the Committee on Disarmament to keep under review, in its consideration of a comprehensive test ban treaty, the arms control implications of nuclear explosions for peaceful purposes, including the possibility of the misuse of such explosions to circumvent any ban on the testing of nuclear weapons; stressed the need to ensure that any testing or application of nuclear explosions for peaceful purposes, particularly in the context of a comprehensive test ban, did not contribute to the testing or refinement of nuclear weapon arsenals of nuclear-weapon States or to the acquisition of nuclear explosive capability by other States; and called upon all Member States to support and assist in the fulfilment of those tasks. By resolution 3484 B (XXX) of 12 December 1975, the General Assembly, regretting that in recent years no significant progress had been made in the field of disarmament and considering that the role of the United Nations in that field was far from adequate in comparison with existing needs, invited all States to communicate to the Secretary-General, not later than 1 May 1976, their views and suggestions on the strengthening of the role of the United Nations in the field of disarmament; decided to establish, as a committee of the Assembly open to all Member States, an Ad Hoc Committee on the Review of the Role of the United Nations in that field; and decided that the review should, inter alia, focus on new approaches for achieving more effective procedures and organization of work in the field of disarmament, on ways and means of improving existing United Nations facilities for the collection, compilation and dissemination of information on disarmament issues and on ways and means to enable the Secretariat to assist, on request, States parties to multilateral disarmament agreements in their duty to ensure the effective functioning of such agreements, including appropriate periodic reviews. By resolution 3484 C (XXX) also of 12 December 1975, the General Assembly, noting that, as a result of the discussions held in November 1974 between the Union of Soviet Socialist Republics and the United States of America, both sides had reaffirmed their intention to conclude an agreement on the limitation of strategic offensive arms in the course of 1975, inter alia regretted the absence of positive results during the last two years of the bilateral negotiations between the Governments of the USSR and the United States on the limitation of their strategic nuclear weapon systems; expressed its concern for the very high ceilings of nuclear arms set for themselves by both States, for the total absence of qualitative limitations of such arms, for the protracted time-table contemplated for the negotiation of further limitations and possible reductions of the nuclear arsenals, and for the situation thus created; urged anew the USSR and the United States to broaden the scope and accelerate the pace of their strategic nuclear arms limitation talks, and stressed once again the necessity and urgency of reaching agreement on important qualitative limitations and substantial reductions of their strategic nuclear weapon systems as a 44 positive step towards nuclear disarmament; and reiterated its invitation to both Gov- ernments to keep the Assembly informed of the results of their negotiations. By resolution 3484 E (XXX) also of 12 December 1975, the General Assembly, noting that article VII of the Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons of Mass Destruction on the Sea-Bed and the Ocean Floor and in the Subsoil Thereof called for a review conference of the parties to the Treaty five years after its entry into force, and that, after appropriate consultation, a preparatory committee of the parties to the Treaty was to be arranged, requested the Secretary-General to render the necessary assistance as might be required for the review conference and its preparation, and expressed hope for the widest possible adherence to the Treaty,

II. OTHER POLITICAL AND SECURITY QUESTIONS 1. STRENGTHENING OF INTERNATIONAL SECURITY In pursuance of paragraph 5 of General Assembly resolution 3332 (XXIX) of 17 December 1974, the Secretary-General submitted to the Assembly a report on the implementation of the Declaration on the Strengthening of International Security (A/10205 and Add.I).28 The substantive parts of replies received from 23 Member States, giving their views on the subject, were reproduced in the report, to which was annexed a list of additional documents issued since the twenty-ninth session. On 18 November 1975, the General Assembly adopted resolution 3389 (XXX) in which it solemnly called upon all States to seek strict and consistent implementation of the purposes and principles of the Charter of the United Nations and of all the provisions of the Declaration on the Strengthening of International Security as a basis for relations among States, irrespective of their size, level of development and socio- economic system; also called upon all States to extend the process of détente to all regions of the world, with the equal participation of all States, in order to bring about just and lasting solutions to international problems; reaffirmed the legitimacy of the struggle of peoples under alien domination to achieve self-determination and independence and appealed to all States to implement the Declaration on the Granting of Independence to Colonial Countries and Peoples and the other resolutions of the United Nations on the total elimination of colonialism, racism and apartheid', also reaffirmed that any measure or pressure directed against any State while exercising its sovereign right freely to dispose of its natural resources constituted a flagrant violation of the right of self-determination of peoples and the principle of non-intervention, as set forth in the Charter, which, if pursued, could constitute a threat to international peace and security; likewise reaffirmed its opposition to any threats of use of force, intervention, aggression, foreign occupation and measures of political and economic coercion which attempted to violate the sovereignty, territorial integrity, independence and security of States; and recommended urgent measures to stop the arms race and promote disarmament, including the convening of the World Disarmament Conference, the dismantling of foreign military bases, the creation of zones of peace and the encouragement of general and complete disarmament and strengthening of the United Nations. 2. PEACEFUL USES OF OUTER SPACE In 1975, the Legal Sub-Committee held its fourteenth session at United Nations Headquarters from 10 February to 7 March. It continued its work on the three main items which have been given high priority: the draft treaty relating to the Moon, direct broadcast satellites and remote sensing of the earth from space.

28 For other relevant documents, see ibid., Thirtieth Session, Annexes, agenda item 49. 45 With respect to the draft treaty relating to the Moon, the Working Group re- established by the Sub-Committee concentrated its efforts on the main unsolved issue relating to the status of the natural reserves of the Moon and redrafted the texts concerning that point, with certain parts of these texts remaining to be agreed on. The Sub-Committee made substantial progress on the question of direct broadcast satellites. It re-established the Working Group on this item which discussed all the principles involved. The texts of the principles as formulated by the Working Group included agreed texts (on State responsibility, peaceful settlement of disputes and prevention of disruption), texts which were not yet agreed upon and texts with alternate versions. With respect to remote sensing, the Sub-Committee established a Working Group which discussed all the proposals and working papers before it. The areas of agreement and the main questions raised during discussion were sumarized in the report of the Working Group to the Sub-Committee. In the course of its eighteenth session held in New York from 9 to 20 June 1975, the Committee on the Peaceful Uses of Outer Space considered the report of the Legal Sub-committee on the work of its fourteenth session (A/AC. 105/147); it agreed that, at its fifteenth session, the Sub-Committee should continue to consider, as matters of high priority, the draft treaty relating to the Moon, the elaboration of principles governing the use by States of artificial earth satellites for direct television broadcasting and the legal implications of remote sensing; and that the Sub-Committee should also continue its work on matters relating to the definition and/or delimitation of outer space and outer space activities. In addition, the Committee requested its Scientific and Technical Sub-Committee to transmit to the Legal Sub-Committee at its fifteenth session, its findings regarding possible scientific and technical criteria relevant to the definition, for purposes of remote sensing, of the terms "natural resources of the Earth" and "data on the natural resources of the Earth acquired by means of remote sensing". On the basis of the report of the Committee on the Peaceful Uses of Outer Space,29 the General Assembly adopted resolution 3388 (XXX) of 18 November 1975, by which it inter alia noted with satisfaction the progress achieved by the Legal Sub-Committee at its fourteenth session and recommended that the Sub-Committee should, at its fifteenth session, as matters of high priority: continue to consider the draft treaty relating to the Moon; continue to consider the elaboration of principles governing the use by States of artificial earth satellites for direct television broadcasting; continue its detailed legal consideration of remote sensing, taking into account the various views expressed on the subject, including proposals for draft international instruments; and proceed to the drafting of principles.

III. ECONOMIC, SOCIAL AND HUMANITARIAN ACTIVITIES 1. HUMAN RIGHTS QUESTIONS . (a) International Convention on the Elimination of All Forma of Racial Discrimination The International Convention on the Elimination of All Forms of Racial Dis- crimination, adopted by the General Assembly in resolution 2106 A (XX) of 21 De-

29 Official Records of the General Assembly, Thirtieth Session, Supplement No. 20 (A/10020). For other relevant documents, see ibid., Thirtieth Session, Annexes, agenda items 32 and 33. 46 cember 1965, entered into force on 4 January 1969. As at 3 December 1975, the Secretary-General had received instruments of ratification, accession or notification of succession from 87 States.30 In addition, four of the States parties to the Convention have made declarations in accordance with article 14 of the Convention recognizing the competence of the Committee on the Elimination of Racial Discrimination31 to receive and consider communications from individuals or groups of individuals within their jurisdiction claiming to be victims of a violation by the States parties concerned of any of the rights set forth in the Convention. Under article 14, paragraph 9, of the Convention, 10 declarations are necessary to establish the competence of the Committee to exercise this function. On 10 November 1975, the General Assembly adopted resolution 3381 (XXX) in which it inter alia expressed its satisfaction with the increase in ratifications and appealed to States which had not done so to accede to the Convention and to States parties to consider making the declaration under article 14 of the Convention. The Committee on the Elimination of Racial Discrimination submitted its sixth annual report to the General Assembly at its thirtieth session, covering its eleventh and twelfth sessions.32 (b) International Convention on the Suppression and Punishment of the Crime of Apartheid The General Assembly, in resolution 3068 (XXVIII) of 30 November 1973, adopted and opened for signature and ratification the International Convention on the Suppression and Punishment of the Crime of Apartheid. Under the provisions of article XV, the Convention will enter into force on the thirtieth day after the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession. As at 31 December 1975, the Secretary-General had received instruments of ratification or accession from 16 States.33 On 10 November 1975, the General Assembly adopted resolution 3380 (XXX) in which it inter alia appealed to the Governments of all States to sign, ratify and implement the International Convention on the Suppression and Punishment of the Crime of Apartheid without delay.34 (c) Torture and other cruel, inhuman or degrading treatment or punishment in relation to detention and imprisonment At its twenty-eighth session, the Sub-Commission on Prevention of Discrimination and Protection of Minorities,35 in considering the item entitled "The question of the human rights of persons subjected to any form of detention or imprisonment", had

30 For the list of those States see Multilateral Treaties in respect of which the Secretary- General Performs Depositary Functions (ST/LEG/SER.D/9; United Nations publication, Sales No. E.76.V.7). 31 For the membership of the Committee, see Official Records of the General Assembly, Thirtieth Session, Supplement No. 18 (A/10018), annex II. 32 Official Records of the General Assembly, Thirtieth Session, Supplement No. 18 (A/10018). For other relevant documents see ibid., Thirtieth Session, Annexes, agenda item 68. 33 For the list of those States, see Multilateral Treaties in respect of which the Secretary- General Performs Depositary Functions (ST/LEG/SER.D/9; United Nations publication, Sales No. A.76.V.7). The Convention came into force on 18 July 1976. 34 For relevant documents, see Official Records of the General Assembly, Thirtieth Session, Annexes, agenda item 68. 35 For the membership of the Sub-Commission, see Official Records of the Economic and Social Council, Fifty-eighth Session, Supplement No. 4 (A/5635), para, 198. For the report of the Sub-Commission on its twenty-eighth session, see document E/CN.4/1180. 47 before it a note by the Secretary-General (E/CN.4/Sub.2/359 and Add.l) and a dossier containing the replies of non-governmental organizations in consultative status with the Economic and Social Council. On 10 September 1975, the Sub-Commission adopted resolution 4 (XXVIII) in which it invited the Commission on Human Rights to give urgent consideration to the Study of the Right of Everyone to be Free from Arbitrary Arrest, Detention and Exile?* and the draft principles annexed to it; requested the Secretary-General to invite Governments, specialized agencies, regional intergovernmental organizations and non- governmental organizations in consultative status with the Economic and Social Council concerned to provide any reliably attested information on the question, in particular relating to the following problems: the prolonged and often indefinite detention of large numbers of unconvicted persons without formal charges brought against them, the necessity of impartial judicial investigation into alleged illegal practices against arrested and detained persons, the lack or ineffectiveness of judicial control over arrest and detention practices, the role of secret police and paramilitary organizations, the position of the family and relatives of arrested and detained persons, and the special problems relating to the human rights of women detained or imprisoned; requested the Secretary- General to submit the information received to the Sub-Commission at its twenty- ninth session; and asked the Secretary-General to make available to the Sub-Commis- sion a report on the work done by the Fifth United Nations Congress on the Preven- tion of Crime and the Treatment of Offenders in so far as it touched upon the question of the human rights of persons subjected to any form of detention or imprisonment. The General Assembly, at its thirtieth session, had before it an analytical summary by the Secretary-General of the information received from Member States in accordance with General Assembly resolution 3218 (XXIX) of 6 November 1974 (A/10158 and Corr.l and Add.l)37 and a report of the Secretary-General reflecting the results of the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders and containing the proposal of the Congress for a draft Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (A/10260). In addition, the Assembly received information concerning the question of medical ethics in relation to the protection of detained persons against torture and other cruel, inhuman or degrading treatment or punishment, including the text of the Draft Declara- tion of Tokyo prepared by the World Medical Association on this subject (A/C.3/641) and the working paper on health aspects of avoidable maltreatment of prisoners and de- tainees prepared for the Congress by the World Health Organization (A/CONF.56/9). By resolution 3452 (XXX) of 9 December 1975, the General Assembly adopted the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as a guideline for all States and other entities exercising effective power. The text of the Declaration reads as follows: "DECLARATION ON THE PROTECTION OF ALL PERSONS FROM BEING SUBJECTED TO TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISH- MENT "Article 1 "1. For the purpose of this Declaration, torture means any act by which severe pain or suffering, whether physical or mental is intentionally inflicted by 36 United Nations publication, Sales No.: 65.XIV.2. 8? For other relevant documents, see Official Records of the General Assembly, Thirtieth Session, Annexes, agenda item 74. 48 or at the instigation of a public official on a person for such purposes as obtaining from him or a third person information or confession, punishing him for an act he has committed or is suspected of having committed, or intimidating him or other persons. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions to the extent consistent with the Standard Minimum Rules for the Treatment of Prisoners. "2. Torture constitutes an aggravated and deliberate form of cruel, inhuman or degrading treatment or punishment. "Article 2 "Any act of torture or other cruel, inhuman or degrading treatment or punishment is an offence to human dignity and shall be condemned as a denial of the purposes of the Charter of the United Nations and as a violation of human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights. "Article 3 "No State may permit or tolerate torture or other cruel, inhuman or degrading treatment or punishment. Exceptional circunmstances such as a state of war or a threat of war, internal political instability or any other public emergency may not be invoked as a justification of torture or other cruel, inhuman or degrading treatment or punishment. "Article 4 "Each State shall, in accordance with the provisions of this Declaration, take effective measures to prevent torture and other cruel, inhuman or degrading treatment or punishment from being practised within its jurisdiction. "Article 5 "The training of law enforcement personnel and of other public officials who may be responsible for persons deprived of their liberty shall ensure that full account is taken of the prohibition against torture and other cruel, inhuman or degrading treatment or punishment. This prohibition shall also, where appropriate, be included in such general rules or instructions as are issued in regard to the duties and functions of anyone who may be involved in the custody or treatment of such persons. "Article 6 "Each State shall keep under systematic review interrogation methods and practices as well as arrangements for the custody and treatment of persons deprived of their liberty in its territory, with a view to preventing any cases of torture or other cruel, inhuman or degrading treatment or punishment. "Article 7 "Each State shall ensure that all acts of torture as defined in article 1 are offences under its criminal law. The same shall apply in regard to acts which constitute participation in, complicity in, incitement to or an attempt to commit torture. "Article 8 "Any person who alleges he has been subjected to torture or other cruel, inhuman or degrading treatment or punishment by or at the instigation of a 49 public official shall have the right to complain to, and to have his case impartially examined by, the competent authorities of the State concerned. "Article 9 "Wherever there is reasonable ground to believe that an act of torture as defined in article 1 has been committed, the competent authorities of the State concerned shall promptly proceed to an impartial investigation even if there has been no formal complaint. "Article 10 "If an investigation under article 8 or article 9 establishes that an act of torture as defined in article 1 appears to have been committed, criminal proceedings shall be instituted against the alleged offender or offenders in accordance with national law. If an allegation of other forms of cruel, inhuman or degrading treatment or punishment is considered to be well founded, the alleged offender or offenders shall be subject to criminal, disciplinary or other appropriate proceedings. "Article 11 "Where it is proved that an act of torture or other cruel, inhuman or degrading treatment or punishment has been committed by or at the instigation of a public official, the victim shall be afforded redress and compensation, in accordance with national law. "Article 12 "Any statement which is established to have been made as a result of torture or other cruel, inhuman or degrading treatment or punishment may not be invoked as evidence against the person concerned or against any other person in any proceedings." Also on 9 December 1975, the General Assembly adopted resolution 3453 (XXX) in which it requested the Commission on Human Rights, at its thirty-second session, to study the question of torture and any necessary steps for ensuring the effective observance of the above-mentioned Declaration and for the formulation of a body of principles for the protection of all persons under any form of detention or imprisonment on the basis of the Study of the Right of Everyone to be Free from Arbitrary Arrest, Detention and Exile and the draft principles contained therein; requested the Committee on Crime Prevention and Control to elaborate a draft code of conduct for law enforcement officiais and to submit this draft code to the Assembly at its thirty-second session, through the Commission for Social Development and the Economic and Social Council; invited WHO to give further attention to the study and elaboration of principles of medical ethics relevant to the protection of persons subjected to any form of detention or imprisonment against torture and other cruel, inhuman or degrading treatment or punishment, and decided to include in the provisional agenda of its thirty-first session an item entitled "Torture and other cruel, inhuman or degrading treatment or punishment" for the purpose of reviewing the progress achieved in accordance with resolution 3453 (XXX). (d) Human rights of migrant workers At its twenty-eighth session, the Sub-Commission on Prevention of Discrimination and Protection of Minorities had before it the final version of the report of the Special Rapporteur, entitled "Exploitation of labour through illicit and clandestine trafficking" 50 (E/CN/4/Sub.2/L.629). The Special Rapporteur, with the assistance of an informal Working Group,38 also submitted draft recommendations on the subject (E/CN.4/ Sub.2/L.636). On 10 September 1975, the Sub-Commission adopted resolution 1 (XXVIII) by which it decided to request the Secretariat to consolidate the preliminary report, the final report, the introductory statements and the draft recommendations of the Special Rapporteur in a single document and to send it to the Commission on Human Rights as reflecting the current status of the work on the subject in the Sub-Commission. It also decided to place the item on the agenda of its twenty-ninth session and to consider the draft recommendations at that session. At its thirtieth session, the General Assembly considered the item entitled "Meas- ures to ensure the human rights and dignity of all migrant workers".39 On 9 December 1975, it adopted resolution 3449 (XXX) in which it requested the United Nations organs and specialized agencies concerned to utilize in all official documents the term "non-documented or irregular migrant workers" to define those workers who illegally and/or surreptitiously enter another country to obtain work; appealed to Member States to remind their competent administrative authorities of their obligations to respect the human rights of all migrant workers, including those non-documented or irregular; and urged Member States to grant all facilities and help to diplomatic and consular agents accredited in their countries in order for them to fulfil their functions in relation to the protection and defence of the human rights of migrant workers, including those non-documented or irregular. (e) Human rights and scientific and technological development At its thirtieth session, the General Assembly had before it a note by the Secretary- General (A/10162)40 containing background information on the item; a report of the Secretary-General (A/10146) prepared in accordance wilh paragraph 5 of Assem- bly resolution 3150 (XXVIII) of 14 December 1973; and the comments received as at 15 October 1975 from Member States (A/10226 and Add.l and 2) on the draft declaration on the use of scientific and technological progress in the interests of peace and for the benefit of mankind and the proposed amendments thereto (A/C.3/ L.2144, A/C.3/L.2146-2148). On 10 November 1975, the General Assembly, by resolution 3384 (XXX), adopted the Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind. The text of the Declaration reads as follows: "1. All States shall promote international co-operation to ensure that the results of scientific and technological developments are used in the interests of strengthening international peace and security, freedom and independence, and also for the purpose of the economic and social development of peoples and the realization of human rights and freedoms in accordance with the Charter of the United Nations. "2. All States shall take appropriate measures to prevent the use of scientific and technological developments, particularly by the State organs, to limit or interfere with the enjoyment of the human rights and fundamental freedoms of the individual as enshrined in the Universal Declaration of Human Rights, 38 For the membership of the Working Group, see E/CN.4/1180, para. 143. 39 For relevant documents, see Official Records of the General Assembly, Thirtieth Session, Annexes, agenda item 12. 40 For other relevant documents, see ibid., Thirtieth Session, agenda item 69. 51 the International Covenants on Human Rights and other relevant international instruments. "3. All States shall take measures to ensure that scientific and technological achievements satisfy the material and spiritual needs of all sectors of the population. "4. All States shall refrain from any acts involving the use of scientific and technological achievements for the purposes of violating the sovereignty and territorial integrity of other States, interfering in their internal affairs, waging aggressive wars, suppressing national liberation movements, or pursuing a policy of racial discrimination. Such acts are not only a flagrant violation of the Charter of the United Nations and principles of international law, but constitute an inadmissible distortion of the purposes that should guide scientific and technological developments for the benefit of mankind. "5. All States shall co-operate in the establishment, strengthening and development of the scientific and technological capacity of developing countries with a view to accelerating the realization of the social and economic rights Of the peoples of those countries. "6. All States shall take measures to extend the benefits of science and technology to all strata of the population and to protect them, both socially and materially, from possible harmful effects of the misuse of scientific and technological developments, including their misuse to infringe upon the rights of the individual or of the group, particularly with regard to respect for privacy and the protection of the human personality and its physical and intellectual integrity. "7 All States shall take the necessary measures, including legislative measures, to ensure that the utilization of scientific and technological achievements promotes the fullest realization of human rights and fundamental freedoms without any discrimination whatsoever on grounds of race, sex, language or religious beliefs. "8. All States shall take effective measures, including legislative measures, to prevent and preclude the utilization of scientific and technological achievements to the detriment of human rights and fundamental freedoms and the dignity of the human person. "9. All States shall, whenever necessary, take action to ensure compliance with legislation guaranteeing human rights and freedoms in the conditions of scientific and technological developments." 2. ECONOMIC AND SOCIAL QUESTIONS (a) Crime prevention and criminal justice The Fifth United Nations Congress on the Prevention of Crime and the Treat- ment of Offenders was originally scheduled to be convened at Toronto, with the Government of Canada acting as host, from 1 to 12 September 1975. Acting on a request by the Government of Canada for a postponement of the Congress for one year, the Committee on Conferences recommended instead that the Congress be convened at the Palais des Nations, Geneva, on the dates originally scheduled.41 Close to 1,000 participants from 101 countries attended the Congress (see A/ CONF.56/10),42 which had as its general theme "Crime prevention and control

41 See ibid., Thirtieth Session, Supplement No. 32 (A/10032), paras. 22-26. 42 For the report of the Congress, see United Nations publication, Sales No. E.76.IV.2. 52 —the challenge of the last quarter of the century". The agenda of the Congress included the following items: (a) changes in forms and dimensions of criminality— transnational and national; (Z>) criminal legislation, judicial procedures and other forms of social control in the prevention of crime; (c) emerging roles of the police and other law enforcement agencies, with special reference to changing expectations and minimum standards of performance; (d) treatment of offenders, in custody or in the community, with special reference to the implementation of the Standard Minimum Rules for the Treatment of Prisoners43 adopted by the United Nations; and (e) economic and social consequences of crime: new challenges for research and planning. A series of recommendations called for increased efforts, at both the national and international levels, to fight crime and strengthen the criminal justice system. Pursuant to General Assembly resolution 3218 (XXIX) of 6 November 1974, the Congress unanimously adopted a declaration containing detailed provisions on the prohibition of the use of torture and other cruel, inhuman or degrading treatment or punishment, and for remedial and compensatory measures.44 The Congress also concluded that an international code of conduct for law enforcement officials should be drawn up under the auspices of the Assembly. (b) Status of women Elaboration and Implementation of international instruments In resolution 3521 (XXX) of 15 December 1975 on equality between men and women and elimination of discrimination against women,45 the General Assembly, recalling the provisions of the Charter which, inter alia, emphasize the importance of the respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion and for the equality of men and women and noting that all States were not yet parties to relevant conventions and other instruments elaborated by the United Nations, ILO, UNESCO and other United Nations bodies, called upon all States that had not yet done so to ratify the international conventions and other instruments concerning the protection of women's rights and the elimination of discrimination against women and to implement effectively the provisions of these conventions and other instruments, including declarations of the United Nations and recommendations of ILO and UNESCO and requested the Com- mission on the Status of Women to complete, in 1976, the elaboration of the draft Convention on the Elimination of Discrimination against Women. (c) Rights of disabled persons In resolution 3447 (XXX) of 9 December 1975, the General Assembly proclaimed a Declaration on the Rights of Disabled Persons.4" 3. UNITED NATIONS ENVIRONMENT PROGRAMME (a) Intergovernmental Meeting on the Protection of the Mediterranean In conformity with the decisions taken by the Governing Council of UNEP at its second session, the Executive Director convened at Barcelona, from 28 January to 43 For the text of the Rules, see Report of the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders (United Nations publication, Sales No.: 56.IV.4). 44 As indicated in subsection 1 (c) above, this declaration was adopted, in a slightly revised form, by the General Assembly in resolution 3452 (XXX) of 9 December 1975. 46 For relevant documents, see Official Records of the General Assembly, Thirtieth Session, Annexes, agenda items 75 and 76. 46 For relevant documents, see ibid., agenda item 12. 53 4 February 1975, an Intergovernmental Meeting on the Protection of the Medi- terranean. The meeting, which was attended by representatives of 16 out of the 18 Medi- terranean coastal States and observers, unanimously agreed on an action plan to protect the Mediterranean Sea (UNEP/WG.2/5). It was also agreed that a plenipotentiary conference for the signing of a framework convention by all Mediterranean coastal States, as recommended in the Action Plan, should be convened by UNEP from 2 to 13 February 1976 at Barcelona. (b) Third session of the Governing Council At its third session, held in Nairobi from 17 April to 2 May 1975,47 the Govern- ing Council urged alt States to become parties to existing international conventions or protocols in the field of environment as soon as possible, and requested the Execu- tive Director to assist States, on request, in preparing legislative measures or other measures necessary for adherence to the conventions in the field of environment and management and to keep the Council informed of new conventions as well as the status of existing ones.48 The Council urged the Third United Nations Conference on the Law of the Sea to give the highest priority to incorporating into the draft treaties under its consideration effective provisions for the protection of the marine environment.40 (c) Action by the General Assembly By resolution 3436 (XXX) of 9 December 1975 on conventions and protocols in the field of the environment, the Assembly requested the Executive Director of UNEP to take such measures as might be necessary for the realization of the objectives and the implementation of the strategies relating to the programme of UNEP in the field of national and international environmental law; urged all States entitled to became parties, as appropriate, to existing conventions and protocols in the field of the environment to do so as soon as possible: and requested the Governing Council of UNEP to keep it informed annually of any new international convention concluded in the field of the environment and of the status of existing conventions, as well as of the intention of Governments to become parties to such conventions. 4. HUMANITARIAN ACTIVITIES Office of the United Nations High Commissioner for Refugees5® The protection activities of UNHCR, which constitute the High Commissioner's primary task, called for considerable expansion in the period under review. This was largely due to the over-all increase in the number of persons of concern to his Office and to the emergence of new refugee problems in countries which are not parties to the basic legal instruments relating to the status of refugees, that is, the Convention relating to the Status of Refugees of 28 July 195151 and the 1967 Protocol thereto.52 Moreover, the rate of new accessions to these instruments has remained very low. New positive measures with a view to the granting of asylum were adopted in a few instances. However, recurrent violations of the principles of asylum and non- 47 For the report of the Governing Council on its third session, see Official Records of the General Assembly, Thirtieth Session, Supplement No. 25 (A/10025). ., decision 24 (III). id., decision 25 (III). 50 For detailed information, see Official Records of the General Assembly, Thirtieth Session, Supplement No. 12 (A/10012) and Supplement No. 12A (A/10012/Add.l). See also ibid., Annexes, agenda item 80. 51 United Nations, Treaty Series, vol. 189, p. 137. 52 Ibid., vol, 606, p. 267. Also reproduced in the Juridical Yearbook, 1967, p. 285. 54 refoulement and many cases of abduction of refugees called for renewed intervention by the High Commissioner with the Governments concerned in an effort to safeguard the basic human rights of refugees. At its twenty-sixth session, held in October 1975, the Executive Committee of the High Commissioner's Programme53 expressed grave concern at these developments. Following its recommendation, an appeal was made urging States Members of the United Nations and non-member States to conform fully with the humanitarian principles governing the protection of refugees. The appeal called in particular for States scrupulously to observe the principle whereby no refugee should be forcibly returned to a country where he fears persecution.54 The Group of Experts55 convened under General Assembly resolution 3272 (XXIX) of 10 December 1974 met at Geneva from 28 April to 9 May 1975 to review the draft text of the proposed Convention on Territorial Asylum. The report of the Secretary-General on the meeting (A/10177 and Corr.l) was transmitted to the Assembly, which decided in its resolution 3456 (XXX) of 9 December 1975 to convene a conference of plenipotentiaries from 10 January to 4 February 1977 to consider and adopt a Convention on Territorial Asylum. The Secretary-General was requested, meanwhile to refer the report of the Group of Experts to Member States for observation and comments they might wish to make before the plenipotentiary conference. Following ratification by the sixth State, the Convention on the Reduction of Statelessness of 30 August 1961 (A/CONF.9/15) entered into force in December 1975. In resolution 3274 (XXIX) of 10 December 1974, the General Assembly requested the Office of the High Commissioner to act provisionally as supervisory body for this instrument, which seeks to help eliminate the perpetuation of refugee status by enabling children born of stateless parents on the territory of a contracting State to acquire the nationality of that State. Existing international instruments of benefit to refugees to which new accessions were recorded include the Convention relating to the Status of Stateless Persons of 28 September 1954,56 The Hague Agreement relating to Refugee Seamen of 23 Novem- ber 195757 and its Protocol of 12 June 1973 and the OUA Convention Governing the Specific Aspects of Refugee Problems in Africa of 10 September 1969.58 Continued efforts were made throughout the year to ensiure effective implementation of the Convention relating to the Status of Refugees of 1951 and the Protocol relating to the Status of Refugees of 1967, and to encourage the adoption of specific measures at the national level for the benefit of refugees. Special attention focused on the establishment or improvement of procedures for the determination of refugee status in order that applications of asylum-seekers might receive rapid consideration. In view of the uncertain economic conditions prevailing in many countries, careful attention was also given to refugees' access to employment. Welcome measures were taken for this purpose by a number of Governments, especially in Europe. Accelerated admission procedures were applied, particularly for the benefit of family members of refugees from Chile, in order to facilitate the reunion of refugee

53 For the membership of the Executive Committee, see Official Records of the General Assembly, Thirtieth Session, Supplement No. 12A (A/10012/Add.l), para. 3. 54 Official Records of the General Assembly, Thirtieth Session, Supplement No. 12A (A/10012/Add.l), paras. 49 (c) and 69 (6). 55 For the membership of the Group of Experts, see A/10177 and Corr.l, para. 2. 56 United Nations, Treaty Series, vol. 360, p. 130. As at 31 March 1975, 29 States were parties to that Convention. w Ibid., vol. 506, p. 125. As at 31 March 1975, 19 States were parties to that Agreement. 5« Organization of African Unity, document CM/267/Rev.l. As at 31 March 1975, 16 States were parties to that Convention. 55 families within countries of resettlement. A number of positive replies were also received to the applications submitted to national authorities by UNHCR for the benefit of relatives of refugees seeking authorization to leave their country for reunion purposes. 5. DRUG ABUSE CONTROL As at 31 December 1975, one hundred and six States were parties to the Single Convention on Narcotic Drugs, 1961.59- 60 On 8 August 1975, the 1972 Protocol amending the Single Convention on Narcotic Drugs, 1961,61 came into force; as at 31 December 1975, 46 States were parties to that Protocol.62 By its resolution 3443 (XXX) of 9 December 1975 entitled "1971 Convention on Psychotropic Substances",63 the General Assembly, recalling its resolution 3147 (XXVIII) of 14 December 1973 which stresses the importance to international drug control of universal accession to the Single Convention on Narcotic Drugs, 1961, the 1971 Convention on Psychotropic Substances64 and the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961, expressed its satisfaction that during 1975 several additional countries had become parties to these treaties, expressed the hope that the 1971 Convention on Psychotropic Substances would soon enter into force and urged all countries, in particular those directly concerned in the manufacture, production of and trade in psychotropic substances, not yet parties to the 1971 Con- vention to take urgent action to adhere to it. As at 31 December 1975, 34 States had become parties to the Convention.65 The International Narcotics Control Board, an organ created by treaty to supervise the implementation by Governments of the various drug control agreements, issued its report for 1975 (E/INCB/29).66 IV. THIRD UNITED NATIONS CONFERENCE ON THE LAW OF THE SEA At the opening meeting of its third session, which was held from 17 March to 10 May 1975 at Geneva,67 the Conference decided to add the word "Arabic" in rule 56 of its rules of procedures and a new rule 63A covering the observers invited pursuant to the request made to the Secretary-General under General Assembly resolution 3334 (XXIX). Also at the first meeting, the Conference heard a message from the Secretary- General of the United Nations as well as a statement by its President. On the proposal of the President, it agreed that it was desirable that the Main Committees should immediately initiate the process of negotiation, avoiding general debate and allowing 59 United Nations, Treaty Series, vol. 520, p. 151. A commentary on the Convention has been issued as a United Nations publication (Sales No. E.73.XI.1). 60 For the list of the States parties, see Multilateral Treaties in respect of which the Secretary-General Performs Depositary Functions (ST/LEG/SER.D/9; United Nations publication, Sales No. E.76.V.7). 61 E/CONF.63/9. A commentary on the Convention has been issued under the symbol E/INCB/31 as a United Nations publication (Sales No. E.76.XI.5). 62 See foot-note 60 above. 63 For relevant documents, see Official Records of the General Assembly, Thirtieth Session, Annexes, agenda item 12. 64 E/CONF.58/6. A commentary on the Protocol has been issued under the symbol E/CN.7/588 as a United Nations publication (Sales No. E.76.XI.6). 65 See foot-note 60 above. The Convention came into force on 16 August 1976. 66 United Nations publication, Sales No. E.76.XI.2. 67 For the proceedings of the third session of the Conference, see Official Records of the Third United Nations Conference on the Law of the Sea, vol. IV (United Nations publication, Sales No. E.75.V.10). 56 ample time for consultations and negotiations. The work of the session was carried out mainly through informal meetings, both of an ad hoc nature and within the formal framework of the Conference. The General Committee met periodically to hear reports by the Chairmen of the Main Committees concerning the progress of the work. On 18 April 1975, the President of the Conference, in accordance with a commitment made at the first meeting of the session, presented an evaluation of the progress of work of the Conference. After discussion of this evaluation by the Conference and consideration of the proposal by the President that an informal single negotiating text should be prepared, the Conference requested the Chairman of the three Main Committees each to prepare, before the end of the session, a single negotiating text covering the subjects entrusted to his Committee, taking into account all the formal and informal discussions held so far. The text would not prejudice the position of any delegation and would not represent any negotiated text or accepted compromise. The Chairmen themselves would decide whom to consult and how. In the negotiations, any representative would be free to move amendments. The informal single negotiating text prepared by the Chairman of each Main Committee was circulated (A/CONF.62/WP.8) on 9 May 1975. Each part of the text was prefaced by an introductory note by the President, in which he stated that it should be quite clear that the single negotiated text would serve as a procedural device and only provide a basis for negotiation and should not in any way be regarded as affecting cither the status of proposals already made by delegations or the right of delegations to submit amendments or new proposals. The Conference then recommended to the General Assembly that the fourth session of the United Nations Conference on the Law of the Sea should be held in New York from 9 March to 21 May 1976 and that a decision regarding a fifth session in 1976 should be left to its fourth session. The Conference further decided to request the General Assembly to accord priority to the work of the Conference in relation to other United Nations activities. In a concluding statement, the President of the Conference, referring to an expression of concern by members of the Group of Seventy-seven about possible unilateral action in regard to the exploration and exploitation of the mineral resources of the deep sea-bed, appealed to all States to refrain from taking any action, and also to use their powers to restrain their nationals from taking any action or adopting any measures which would place in jeopardy the conclusion of a universally acceptable treaty of a just and equitable nature. He also brought to the notice of the Conference an appeal by the Chairman of the Group of Land-locked and Geographically Disad- vantaged States to the effect that there should be no unilateral extensions of national jurisdiction. V. INTERNATIONAL COURT OF JUSTICE68- 69 Cases submitted to the Court70 WESTERN SAHARA (Request for an advisory opinion) By resolution 3292 (XXIX) of 13 December 1974, the General Assembly had requested the Court to give an advisory opinion on the following questions: 68 For the composition of the Court, see Official Records of the General Assembly, Thirtieth Session, Supplement No. 34 (A/10034), p. xiv. 69 As of 31 December 1975, the number of States accepting the compulsory jurisdiction of the Court under Article 36, paragraph 2, stood at 45. 7° For detailed information, see I.C.J. Reports 1975, pp. 6 and 12; I.C.J. Yearbook 1974-1975, No. 29; and l.CJ. Yearbook 1975-1976, No. 30. 57 "I. Was Western Sahara (Rio de Oro and Sakiet El Hamra) at the time of colonization by Spain a territory belonging to no one (terra nullius)?" If the answer to the first question is in the negative, "II. What were the legal ties between this territory and the Kingdom of Morocco and the Mauritanian entity?" On 16 October 1975, the Court delivered its advisory opinion. With regard to question I, "Was Western Sahara (Rio de Oro and Sakiet El Hamra) at the time of colonization by Spain a territory belonging to no one (terra nullius)?", the Court: (a) Decided by 13 votes to 3 to comply with the request for an advisory opinion; (b) Was unanimously of opinion that Western Sahara (Rio de Oro and Sakiet El Hamra) at the time of colonization by Spain was not a territory belonging to no one (terra nullius). With regard to question II, "What were the legal ties between this territory and the Kingdom of Morocco and the" Mauritanian entity?", the Court: (à) Decided by 14 votes to 2 to comply with the request for an advisory opinion; (b) Was of opinion, by 14 votes to 2, that there had been legal ties between this territory and the Kingdom of Morocco of the kinds indicated in the penultimate paragraph of the advisory opinion. The penultimate paragraph of the Advisory Opinion reads as follows: "The materials and information presented to the Court show the existence, at the time of Spanish colonization, of legal ties of allegiance between the Sultan of Morocco and some of the tribes living in the territory of Western Sahara. They equally show the existence of rights including some rights relating to the land, which constituted legal ties between the Mauritanian entity, as understood by the Court, and the territory of Western Sahara. On the other hand, the Court's conclusion is that the materials and information presented to it do not establish any tie of territorial sovereignty between the territory of Western "Sahara and the Kingdom of Morocco or the Mauritanian entity. Thus the Court has not found legal ties of such a nature as might affect the application of General Assembly resolution 1514 (XV) in the decolonization of Western Sahara and, in particular, of the principle of self-determination through the free and genuine expression of the will of the peoples of the Territory." The General Assembly took note of the advisory opinion in its resolution 3458 (XXX) of 10 December 1975.

VI. INTERNATIONAL LAW COMMISSION71 TWENTY-SEVENTH SESSION OF THE COMMISSION72 At its twenty-seventh session, held at Geneva from 5 May to 25 July 1975, the International Law Commission continued to make substantial progress in the development of international law and its codification. The Commission devoted its session 71 For the membership of the Commission, see Official Records of the General Assembly, Thirty-first Session, Supplement No. 10 (A.31/10), chap. 1. 72 For detailed information, see Yearbook of the International Law Commission, 1975, vol Ï and II (United Nations publication, Sales Nos. E.76.V.3 and E.76.V.4). 58 to the examination of reports submitted by the Special Rapporteurs on the following topics: State responsibility; succession of States in respect of matters other than treaties; most-favoured-nation clause; and questions of treaties concluded between States and international organizations or between two or more international organizations. On all of those topics, the Commission adopted in first reading a series of draft articles, together with commentaries. The Commission also reached conclusions on the general goals towards which its efforts should be directed, on the basis of an over-all review of the existing programme of work made by a planning group set up during the session. CONSIDERATION BY THE GENERAL ASSEMBLY On 15 December 1975, the General Assembly adopted resolution 3495 (XXX) concerning the report of the International Law Commission on the work of its twenty- seventh session.73 In the resolution, the Assembly, inter alia, recommended that the Commission should complete at its twenty-eighth session the first reading of draft articles on the most-favoured-nation clause; continue on a high priority basis its work on State responsibility with a view to completing the preparation of a first set of draft articles on responsibility of States for internationally wrongful acts at the earliest possible time and take up, as soon as appropriate, the separate topic of international liability for injurious consequences arising out of acts not prohibited by international law; proceed with the preparation, on a priority basis, of draft articles on succession of States in respect of matters other than treaties; proceed with the preparation of draft articles on treaties concluded between States and international organizations or between international organizations; and continue its study of the law of the non- navigational uses of international watercourses. In addition, the Assembly expressed confidence that the Commission would review the progress of its work and adopt, in the light of such a review, the methods of work best suited to the speedy realization of the tasks entrusted to it.

VII. UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW74 The United Nations Commission on International Trade Law continued to make substantial progress in the unification and harmonization of the law of international trade. The eighth session of the Commission was held at Geneva from 1 to 18 April 1975.75 The Commission devoted its session to the examination of reports from the Working Group on the International Sale of Goods, the Working Group on International Negotiable Instruments and the Working Group on International Legislation on Shipping and to the consideration of reports on general conditions of sale and standard contracts, security interest in goods, liability for damage caused by products intended for or involved in international trade, international commercial arbitration and multinational enterprises. The Commission requested the Secretary- General to transmit the draft Convention on the International Sale of Goods, when completed by the Working Group, to Governments and interested international organ-

73 Official Records of the General Assembly, Thirtieth Session, Supplement No. 10 (A/10010/Rev.l). For other relevant documents, see ibid., Thirtieth Session, Annexes, agenda item 108. 74 For the membership of the Commission, see Official Records of the General Assembly, Thirtieth Session, Supplement No. 17 (A/10017), chap. I, sect. B. 75 For detailed information, see Yearbook of the United Nations Commission on International Trade Law, vol. VI, 1975 (United Nations publication, Sales No. E.76.V.5). 59 izations for their comments and to prepare an analysis of such comments for consideration by the Commission at its tenth session. The Commission also commended the use of the 1974 revision by the International Chamber of Commerce of "Uniform Customs and Practice for Documentary Credits". The Commission decided to consider the draft Convention on the Carriage of Goods by Sea at its ninth session; it further requested the Secretary-General to prepare a revised text of the draft set of arbitration rules hi accordance with the comments made by the Commission at its eighth session and to submit a report for the Commission's consideration at its ninth session. In connexion with the session of the Commission, a symposium was held from 14 to 18 April 1975 on the role of universities and research centres in the teaching, dissemination and wider appreciation of international trade law. The report of the Commission on the work of its eighth session76 was considered by the General Assembly at its thirtieth session. In resolution 3494 (XXX) of 15 December 1975, the Assembly inter alia noted with satisfaction that a draft convention on the carriage of goods by sea had been transmitted to Governments and interested international organizations for their comments and that work on a draft convention on the international sale of goods was nearing completion and would be transmitted to Governments and interested international organizations for their comments in the near future.

VIII. OTHER LEGAL QUESTIONS 1. UNITED NATIONS CONFERENCE ON THE REPRESENTATION OF STATES IN THEIR RELATIONS WITH INTERNATIONAL ORGANIZATIONS The United Nations Conference on the Representation of States in Their Rela- tions with International Organizations was held at Vienna, at the invitation of the Government of Austria, from 4 February to 14 March 1975.77 At the conclusion of its work the Conference adopted the Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character,78 which progressively develops and codifies this subject of international law, thus completing the codification of diplomatic law. The Conference also adopted a Final Act and five resolutions which are annexed to the Final Act.79 2. CONFERENCE OF PLENIPOTENTIARIES ON SUCCESSION OF STATES IN RESPECT OF TREATIES By resolution 3496 (XXX) of 15 December 1975, the General Assembly decided to convene a conference of plenipotentiaries in 1977 to consider the draft articles on succession of States in respect of treaties, adopted by the International Law Com- mission in 1974,80 and to embody the results of its work in an international convention and such other instruments as it may deem appropriate.

7'6 Official Records of the General Assembly, Thirtieth Session, Supplement No. 17 (A/10017). For other relevant documents, see ibid., Annexes, agenda item 110. 77 For the proceedings of the Conference, see Official Records of the United Nations Conference on the Representation of States in Their Relations with International Organizations, document A/CONF.67/18 and Add.l (United Nations publications, Sales Nos. E.75.V.11 and E.75.V.12). 78 Reproduced on p. 87 of this Yearbook. 79 See p. 114 of this Yearbook. 8° Official Records of the General Assembly, Twenty-ninth Session, Supplement No. 10 (A/10010). For other relevant documents, see ibid., Thirtieth Session, Annexes, agenda item 109. 60 3. QUESTION OF DIPLOMATIC ASYLUM In accordance with General Assembly resolution 3321 (XXIX) of 14 December 1974, the Secretary-General submitted to the Assembly at its thirtieth session a report on diplomatic asylum which contained, in document A/10139 (Part I) and Add.l, the views expressed by Member States further to a request contained in the above- mentioned resolution and, in document A/10139 (Part II), an analysis of the question of diplomatic asylum.81 In resolution 3497 (XXX) of 15 December 1975, the General Assembly expressed its thanks to the Secretary-General for his report, invited Member States wishing to express their views or to supplement views already expressed on the question to communicate those views to the Secretary-General by 31 December 1976, and decided to give further consideration to this question at a future session of the Assembly. 4. SPECIAL COMMITTEE ON THE CHARTER OF THE UNITED NATIONS AND ON THE STRENGTHENING OF THE ROLE OF THE ORGANIZATION Pursuant to General Assembly resolution 3349 (XXIX) of 17 December 1974, the Ad Hoc Committee on the Charter of the United Nations82 met at the United Nations Headquarters from 28 July to 22 August 1975 and submitted a report83 on its work to the Assembly at its thirtieth session. The Assembly considered the report of the Ad Hoc Committee together with another item on its agenda entitled "Strength- ening of the role of the United Nations with regard to the maintenance and consolidation of international peace and security, the development of co-operation among all nations and the promotion of the rules of international law in relations between States: reports of the Secretary-General".84 In resolution 3499 (XXX) of 15 December 1975, the General Assembly, while reaffirming its support for the purposes and principles of the Charter, decided that the Ad Hoc Committee should be reconvened as the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organ- ization, consisting of 47 members.55 The Special Committee was instructed, inter alia, to examine the observations received from Governments concerning suggestions and proposals regarding the Charter of the United Nations and the strengthening of the role of the Organization. It was also to consider any additional specific proposals that Governments might make with a view to enhancing the Organization's ability to achieve its purposes. The General Assembly requested the Secretary-General to prepare for the use of the Special Committee a study presenting analytically the views expressed by Governments with respect to the various aspects of the functioning of the United Nations, including those relating specifically to the Charter. 5. RESPECT FOR HUMAN RIGHTS IN ARMED CONFLICTS AND PROTECTION OF JOURNALISTS ENGAGED IN DANGEROUS MISSIONS IN AREAS OF ARMED CONFLICT At its thirtieth session, the General Assembly considered the item "Respect for human rights in armed conflicts" together with the item "Human rights in armed conflicts: protection of journalists engaged in dangerous missions in areas of armed

81 For other relevant documents, see ibid., Thirtieth Session, Annexes, agenda item 111. 82 For the membership of the Committee, see Official Records of the General Assembly, Thirtieth Session, Supplement No. 33 (A/10033), para. 2. ^Official Records of the General Assembly, Thirtieth Session, Supplement No. 33 (A/10033). 84 For relevant documents, see ibid., Thirtieth Session, Annexes, agenda items 29 and 113. 85 For the membership of the Special Committee, see ibid., Thirtieth Session, Supplement No. 34 (A/10034), p. 153. 61 conflict". In accordance with Assembly resolution 3319 (XXIX) of 14 December 1974, the Secretary-General submitted to the Assembly at that session a report (A/ 10195 and Corr.l and Add.l) containing a summary of the proceedings and results of the second session of the Diplomatic Conference on the Reaffirmation and Develop- ment of International Humanitarian Law Applicable in Armed Conflicts, convened by the Swiss Federal Council at Geneva from 3 February to 18 April 1975, as well as information on relevant activities of certain non-governmental bodies. A note by the Secretary-General (A/10147) on the protection of journalists engaged in dangerous missions in areas of armed conflict was also circulated.86 On 15 December 1975, the General Assembly adopted resolution 3500 (XXX), in which it expressed its appreciation to the Swiss Federal Council for convoking in 1976 the third session of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts and to the International Committee of the Red Cross for convoking in 1976 the second Conference of Government Experts on Weapons That May Cause Unnecessary Suffering or Have Indiscriminate Effects. The General Assembly, welcoming the substantial progress made at the second session of the Diplomatic Conference, called upon all parties to armed conflicts to acknowledge and to comply with their obligations under the humanitarian instruments and to observe the international humanitarian rules which are applicable, in particular the Hague Conventions of 1899 and 1907,87 the Geneva Protocol of 1925s8 and the Geneva Conventions of 1949;89 drew the attention of the Diplomatic Conference and of participating Governments and organizations to the need for measures to promote on a universal basis the dissemination of, and instruction in, the rules of international humanitarian law applicable in armed conflicts; and urged all participants in the Diplomatic Conference to do their utmost to reach agreements on additional rules which might help to alleviate the suffering brought about by armed conflicts and to respect and protect non-combatants and civilian objects in such conflicts. The Assembly also took note with appreciation of the decision of the Diplomatic Confer- ence to complete its work on the subject during its next session. 6. IMPLEMENTATION BY STATES OF THE PROVISIONS OF THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS OF 1961 This item which had been included in the agenda of the twenty-ninth session of the General Assembly at the request of the Union of Soviet Socialist Republics (A/ 9745 )90 was not considered at that session for lack of time. At the thirtieth session the General Assembly, in resolution 3501 (XXX) of 15 December 1975, reaffirmed the need for strict implementation by States of the provisions of the Vienna Convention on Diplomatic Relations of 196191 in the interest of maintaining normal relations between them, strengthening international peace and security and developing international co-operation. The Assembly also deplored instances of violations of the rules of international diplomatic law and, in particular, of the provisions of the Vienna Convention and invited Member States to submit to the Secretary-General

86 For other relevant documents, see ibid., Thirtieth Session, Annexes, agenda items 70 and 114. 87 Carnegie Endowment for International Peace, The Hague Conventions and Declarations of 1899 and 1907 (New York, Oxford University Press, 1915). 88 League of Nations, Treaty Series, vol. XCIV, p. 65. »9 United Nations, Treaty Series, vol. 75. 90 For the request and other relevant documents see Official Records of the General Assembly, Twenty-ninth Session, Annexes, agenda item 112 and ibid., Thirtieth Session, Annexes, agenda item 115. 91 United Nations, Treaty Series, vol. 500, p. 95. 62 their comments and observations on ways and means to ensure the implementation of the provisions of the Vienna Convention, as well as on the desirability of elaborating provisions concerning the status of the diplomatic courier.

IX. UNITED NATIONS INSTITUTE FOR TRAINING AND RESEARCH92

As in previous years UNITAR assumed responsibility for the major part of the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of Tnternational Law established under General Assembly resolution 2099 (XX) of 20 December 1965. Nineteen fellowships were awarded to young Government legal advisers and teachers of international law, mostly from developing countries. The study scheme included participation in the courses on international law at The Hague Academy of International Law and in the special courses and seminars organized by UNITAR during this period. In accordance with General Assembly resolution 2099 (XX), UNITAR also organized, jointly with the Office of Legal Affairs of the United Nations Secretariat, two regional training and refresher courses in international law in Africa; the main subject of both courses dealt with legal aspects relating to the economic and social development of developing countries with special reference to the African context. UNITAR also organized a briefing/teaching seminar on the basic issues and changing technologies relating to the Third United Nations Conference on the Law of the Sea as well as a briefing seminar on the Review Conference of Parties to the Treaty on the Non-Proliferation of Nuclear Weapons. In the field of research, mention should be made of a study entitled The Ways of the Peace-Maker (UNITAR/PS/8) which deals with some of the important problems concerning the initiative and organization of informal intermediary assistance by the United Nations for peaceful settlement of disputes and examines procedural questions such as securing the consent of the parties to the use of United Nations assistance, the authority and effectiveness of the procedures brought to bear upon a conflict situation and the comprehensiveness of solutions agreed upon for reaching settlements on long-standing and complex disputes.

B. General review of the activities of intergovernmental organizations related to the United Nations

1. INTERNATIONAL LABOUR ORGANISATION03

1. The International Labour Conference (ILC) which held its sixtieth session in Geneva in June 1975, adopted the following instruments: a Convention and a

92 For detailed information, see the report of the Executive Director of UNITAR to the General Assembly, Official Records of the General Assembly, Thirtieth Session, Sup- plement No. 14 (A/10014). 93 In regard to the adoption of instruments, the preparatory work which, by virtue of the double-discussion procedure, normally covers a period of two years, is indicated, in order to facilitate reference work, according to the year during which the instrument was adopted. 63 Recommendation concerning Organisations of Rural Workers;94 a Convention and a Recommendation concerning the Development of Human Resources;95 a Convention on Migrant Workers (complementary dispositions); and a Recommendation on Migrant Workers.96

2. The International Labour Conference (ILC) also adopted certain regulatory amendments:

(i) Articles 48, 49, 50 and 54 of the Standing Orders of the International Labour Conference were modified as a result of the entry into force of the Instrument of Amendment to the Constitution of the ILO, 1972 (Increase in the number of members of the Governing Body).97

(ii) Articles 2 (paragraph 3), 14, 55 (paragraphs 2 and 3) and 56 of the Standing Orders of the International Labour Conference, and Articles 1 and 11 of the Rules concerning the Powers, Functions and Procedure of Regional Conferences convened by the International Labour Organisation were modified to permit the participation, as observers, of certain national liberation movements at meetings of the ILO.08

»* Official Bulletin, Vol. LVIII, 1976, Series A, No. 1, pp. 28-32 and 43-48, English, French, Spanish. Regarding preparatory work, see: First Discussion—Organisations of Rural Workers and Their Role in Economic and Social Development, ILC, 59th Session (1974), Report VI (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 VI (2), 67 and 65 pages respectively, English, French, Spanish, German and Russian. See also ILC, 59th Session (1974), Record of Proceedings, pp. 447-462 and 645-650, English, French, Spanish; Second Discussion—Organisations of Rural Workers and Their Role in Economic and Social Development, ILC, 60th Session (1975), Report IV (1) and Report IV (2), 51 and 45 pages respectively, English, French, Spanish, German, Russian. See also ILC, 60th Session (1975), Record of Proceedings, pp. 439-453, 798-800 and 801, English, French, Spanish. 95 Official Bulletin, Vol. LVIII, 1975, Series A, No. 1, pp. 32-35 and 49-69, English, French, Spanish. Regarding preparatory work, see: First Discussion—Development of Human Resources: Vocational Guidance and Training, ILC, 59th Session (1974), Report VIII (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 VIII (2), 65 and 88 pages respectively, English, French, Spanish, German, Russian. See also ILC, 59th Session (1974), Record of Proceedings, pp. 491-515, 706-712 and 715, English, French, Spanish; Second Discussion—Development of Human Resources: Vocational Guidance and Training, ILC, 60th Session (1975), Report VT (1) and Report VI (2), 83 and 105 pages respectively, English, French, Spanish, German, Russian. See also ILC, 60th Session (1975), Record of Proceedings, pp. 520-551, 729-735, 801 and 820-821, English, French, Spanish. ™ Official Bulletin, Vol. LVIII, 1975, Series A, No. 1, pp. 35-42 and 69-75, English, French, Spanish. Regarding preparatory work, see: First Discussion—Migrant Workers, ILC, 59th Session (1974), Report VII (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 VII (2), 78 and 93 pages respectively, English, French, Spanish, German, Russian. See also ILC, 59th Session (1974), Record of Proceedings, pp. 569-587 and 715-726, English, French, Spanish; Second Discussion—Migrant Workers, ILC, 60th Session (1975), Report V (1) and Report V (2), 58 and 65 pages respectively, English, French, Spanish, German, Russian. See also ILC, 60th Session (1975), Record of Proceedings, pp. 637-661, 789-798, 832-835 and 837-841, English, French, Spanish. 97 ILC, 60th Session, 1975, Record of Proceedings, pp. 37, 137 and 141, English, French, Spanish. The text of the Instrument of Amendment is reproduced on p. 86 of the Juridical Yearbook, 1972. 98 ILC, 60th Session, 1975, Record of Proceedings, pp. 37-39, 204-207, 234-245 and 247-256, English, French, Spanish. 64 3. The Committee of Experts on the Application of Conventions and Recom- mendations met in Geneva, from 13 to 25 March 1975, and presented its Report." 4. The Governing Body Committee on Freedom of Association met in Geneva and adopted Reports 149100 and 150100 (196th session of the Governing Body, February-March 1975); Reports 151100 and 152100 (197th session, May 1975); and Reports 153,10i 154101 and 156101 (198th session, November 1975). 5. Finally, mention may be made of the publication of the reports of the Fact- Finding and Conciliation Commission on Freedom of Association concerning the case of Chile,102 and the Commission appointed under Article 26 of the Constitution to examine the observance by Chile of the Hours of Work (Industry) Convention, 1919 (No. 1), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).103

2. FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS I. OFFICE OF THE LEGAL COUNSEL™*

1. General constitutional and legal matters In addition to current legal advice and services provided to the Director-General and various units of the Secretariat, activities related mainly to the legal matters considered by the Conference and the Council (some of which were examined, in the first instance, by the Committee on Constitutional and Legal Matters (CCLM) at its thirtieth and thirty-first sessions held in May/June and in October/November 1975), and by other bodies of FAO to which legal servicing was provided by the Legal Office. The Conference adopted, at its eighteenth session held in November 1975, the following resolutions or decisions of a legal nature: —pursuant to the recommendations contained in Resolution XXII of the World Food Conference105 which was endorsed by the United Nations General Assembly106 (a) to establish a Committee on World Food Security as a Standing Committee of the Council by amending Article V of the Constitution and in- serting a new Rule in the General Rules of the Organization (GRO),107

"This report has been published as Report III (Part 4) to the sixtieth session (1975) of the International Labour Conference, and consists of two volumes: Vol. A: "General Report and Observations concerning Particular Countries" (Report III, Part 4 A), 236 pages, English, French, Spanish; and Vol. B: "General Survey of the Reports relating to Convention (No. 100) and Recommendation (No. 90) on Equal Remuneration, 1951" (Report III, Part 4 B), 89 pages, English, French, Spanish. i°o Official Bulletin, Vol. LVIII, 1975, Series B, No. 3. 1Qi These reports have been published in the Official Bulletin, Vol. LIX, 1976, Series B. 102 Provisional edition, English, French, Spanish, 122 pages, excluding Annexes. 103 Provisional edition, English, French, Spanish, 54 pages. 104 For general information on the organization and functions of the Office of the Legal Counsel, see Juridical Yearbook, 1972, p. 60, note 47. 105 United Nations document E/5587. i°6 Resolution 3348 (XXIX). i°?C 75/REP, paras. 347-351; C 75/41; C 75/LIM/28; CL 67/REP; C 75/III/PV/l; C 75/III/PV/6. 65 (b) to reconstitute the Intergovernmental Committee of the World Food Programme (IGC) as the Committee on Food Aid Policies and Programmes (FAC);108 -to amend the General Rules so that there will he an avoidance of jurisdictional conflicts and duplication of the functions of the Committee on Commodity Problems (CCP) and the Committee on World Food Security and the Com- mittee on Food Aid Policies and Programmes;109 -to make the membership of the CCP, Committee on Fisheries (COFI), Com- mittee on Agriculture (COAG) and the Committee on Forestry (COFO) open to all Member Nations of the Organization; for this purpose, Article V of the Constitution and Rules XXIX, XXX, XXXII, XXXIV and XXV (GRO) were amended to the effect that Member Nations can acquire membership for a biennium by simple notification which may be submitted at any time;110 -to amend Rule XXXII (GRO) to expand the terms of reference of COAG111 and to change the timing of its sessions; -to amend Article VI-3 of the Constitution adopted at the ninth session, and paragraph 35 of the Principles relating to commissions and committees established under Article XIV of the Constitution, so as to dispense with the requirement of confirmation by Conference or Council of Rules of Procedure adopted by such bodies;112 -to amend the General Rules and the Financial Regulations to bring them into line with the current practice of submitting a summary or draft Programme of Work and Budget, and to harmonize the provisions relating to the procedure for convening the "open" Standing Committee of the Council;113 -to amend the Financial Regulations so as to provide for the reporting by the Director-General to the Finance Committee of budgetary transfers under the Organization's programme-budget system;114 -to take note of the Statutory Report on Status of Conventions and Agreements and on Amendments thereto;115 -to admit to FAO membership, by a secret ballot requiring a two-thirds majority in accordance with Article II-2 of the Constitution and Rule XII-9 (GRO), Bahamas, Cape Verde, Grenada and Papua New Guinea;116 in the case of Surinam, the Conference waived paragraphs 1 and 2 of Rule XIX (GRO) in order to permit, as had been done on previous occasions, the consideration of an application for membership received during the Conference Session;117 los C 75/REP, paras. 352-356; C 75/42; C 75/LIM/24; C 75/III/PV/l. Parallel action was taken by the General Assembly, which adopted a similar resolution (General Assembly resolution 3404 (XXX)). 109 c 75/REP, paras. 306-361; C 67/REP paras. 147-149; C 75/LIM/28, C 75/III/PV/2. no C 75/REP, paras. 359 and 362-366; C 76/44; C 73/LIM/24; C 75/1II/IV/2. i» C 75/REP, paras. 367-369: C 75/36; C 75/LIM/24; C 75/III/PV/2; C 75/PV/22. «2 C 75/REP, paras. 370-73; C 75/45; C 75/I1I/PV/2. use 75/REP, paras. 376-378; C 75/LIM/28; C 75/III/PV/2; CL 67/REP, paras. 150-151. 114 C 75/REP, paras. 379-380; C 75/47; C 75/LIM/24; C 76/III/PV/2. «5 C 75/43, C 75/43-Supp. 1, 18 pp. ne C 75/REP, paras. 430, 431 and 433; C 75/39; C 75/LIM/51; C 75/INF/2; C 75/ INF/9; C 75/PV/20; C 75/PV/21. i" C 75/REP, paras. 432-433. 66 —to request the FAO Council to consider the whole problem of the Constitution and Rules of the Council;118 —to resolve that the FAO Credit Union become an integral part of FAO;119 —to authorize the Director-General to negotiate and contract loans as needed for advancing funds to UNDP during 1975 and 1976 up to the limit of $10 million, on the understanding that the actual cost of interest incurred or foregone on loans will be reimbursed by UNDP.120 The Council, in addition to making recommendations to the Conference on the abovementioned matters, took, at its sixty-sixth, sixty-seventh and sixty-eighth sessions (the first held in June and the latter two in November 1975), decisions on the following items of legal interest: —recommended new draft guidelines proposed by the CCLM, as amended, for the formulation of Conference resolutions which should also apply, mutatis mutandis, to recommendations of Regional Conferences;121 —confirmed the amendments of the Rules of Procedure of the Indo-Pacific Fish- eries Council, the Regional Fisheries Advisory Commission for the Southwest Atlantic and the Rules of Procedure of the Fishery Committee for the Eastern Central Atlantic subject to their review by the CCLM;122 —approved the proposal regarding the establishment of a Joint FAO/ECE Working Party on Mechanization of Agriculture and a Joint FAO/ECE Working Party on Agrarian Structure and Farm Rationalization, and authorized the Director-General to draw up and promulgate, in accordance with paragraph 3 of Article VI of the Constitution and in consultation with the Execu- tive Secretary of ECE, Appropriate Statutes for the aforementioned Joint Working Parties;123 —decided to establish under Article VI-2 of the Constitution a Working Party of selected Member Nations to study the composition arid terms of reference of the Council, the Programme Committee, the Finance Committee and the CCLM, and to make appropriate recommendations taking full account of the views expressed on the matter during the Conference.124 The Legal Office was also engaged in work connected with the follow-up of the recommendations of the World Food Conference; in particular, the Legal Counsel served as Legal Adviser to the First Session of the World Food Council in June 1975. The Legal Office also provided the Secretary for the Ad Hoc Working Group on the Rules and Procedures of the World Food Council. In addition, the Legal Office provided advice to the Second and Third Meetings of Interested Countries on the Estab- lishment of the International Fund for Agricultural Development, and to the two

us C 75/REP, para. 357; C 75/1-Rev.l; C 75/IV/2. us C 75/REP, paras. 423-424; C 75/LIM/9; C 75/LIM/28; C 75/III/PV/4; CL 66/2, paras. 3.285 and 3.298; CL 67/3, paras. 13-18 and Appendix B:, CL 66/REP, paras. 213- 216; CL 67/REP, paras. 162-163. 120 c 75/REP, paras. 289-295; C 75/INF/23; C 75/LIM/56; C 75/LIM/56-Corr.l; C 75/11/PV/19; C 75/11/PV/20; C 75/11/PV/21; C 75/PV/23. 121 CL 66/REP, paras. 152 and 261-267 and Appendix J; C 71/REP, para. 19; CL 60/ REP, paras. 188-189; CL 66/5, paras. 27-39 and Appendix A. 122 CL 66/REP, paras. 283-285; CL 66/32. 123 CL 67/REP, paras. 157-161; CL 67/2, paras. 2.125, 3.216-3.219; CL 67/3, paras. 19-20; CL 67/11; CL 67/PV/8. 124 CL 68/REP, paras. 11-17; CL 68/PV/2. 67 meetings of the Ad Hoc Working Group set up at the First Meeting of Interested Countries. The Legal Office also participated in the drawing up of the Agreement for the Establishment of a Regional Animal Production and Health Commission for Asia, the Far East and the South West Pacific, which came into force on 29 December 1975.

2. Environment law Legal Office staff provided secretariat services and documentation, jointly with the United Nations Environment Programme, for the "Intergovernmental Meeting on the Protection of the Mediterranean" held in Barcelona in January-February 1975, and for the Working Group on "Draft Legal Instruments for the Protection of the Mediterranean" at its meeting in Geneva in April 1975 and thereafter; participated in the Meeting of Experts on "International Environment Law", convened by the United Nations Environment Programme in Geneva in February 1975; contributed papers and served as general rapporteur at the Conference on "International Environ- ment Law", organized by the British Institute of International and Comparative Law in London in September 1975; participated in the WMO/UNEP Expert Meeting on "Legal Aspects of Weather Modification" in Geneva in November 1975; hosted and chaired the Workshop on "Guidelines for Environmental Legislation in Developing Countries" organized by the International Association of Legal Science in Rome in December 1975. FAO published translations and summaries of environmental legislation of various countries and references to other current national legislation in this field,125 and prepared for the Fund of the United Nations Environment Programme drafts for a joint FAO/UNEF project to record in machine-readable form the legislative data stored with the FAO Legal Office relating to natural resources and the human environment. Continued legislative drafting assistance was provided, within the framework of UNDP, to the Government of Colombia for implementing regulations in connexion with the "Code of Renewable Natural Resources and Environment Protection" prepared with FAO/UNEP assistance in 1974. A preliminary consultancy mission to Indonesia, Malaysia and Singapore was carried out in August 1975 with a view to formulating a technical assistance programme for the development of national environmental legislation in Indonesia, and for related regional action proposals to protect the marine environment against pollution in the Malacca/Singapore Straits area.

3. Law of the sea and international fisheries FAO participated in the third session of the United Nations Conference on the Law of the Sea in March-May 1975 and submitted updated versions of (i) a publication on the limits and status of the territorial sea, exclusive fishing zones, fishery conservation zones and the continental shelf, and (ii) a report on FAO, the FAO Committee on Fisheries and international and regional fishery bodies.126 At its tenth session in June 1975, the FAO Committee on Fisheries considered the progress achieved by the Conference, and it requested one of its Sub-Committees to assess the future role of FAO in fisheries, of the Committee itself and of regional fishery bodies in the context of any new legal order that may govern fisheries. The meeting of the Sub-Committee was scheduled for March 1976.

125 Food and Agricultural Legislation, Volume XXIV, Nos. 1 and 2. 12«FAO Fisheries Circular No. 127, Rev.2, 1975, and No. 331, 1975. 68 An ad hoc Committee, set up by the Indo-Pacific Fisheries Council (IPFC) at its sixteenth session in November 1974 to review its functions and responsibilities, met in December 1975. It considered documents on (i) intergovernmental fishery bodies operating in the Indo-Pacific area and (ii) the views of IPFC member countries on the area served by the IPFC, the scope of its functions and duties and its responsibilities with regard to fishery management.127 Considering that the IPFC should be more involved in all aspects of fishery management and development, the ad hoc Committee formulated a number of draft amendments to the 1948 Agreement establishing the IPFC. Its report will be examined by the IPFC at its seventeenth session in November 1976.

II. LEGISLATION BRANCH128 In addition to the spécifie activities described below, legal officers participated in the Conference of Global Water Law Systems held in Valencia, Spain, 31 August- 6 September 1975, and in the session of the Committee on the Law of International Water Resources of the International Law Association, held in New Delhi, India, in January 1975 and in Rome in October 1975; in the III International Symposium on Groundwater and II International Conference on Water Planning, held in Palermo, Italy, 1-5 November 1975; in the VIII Colloquium on Agrarian Law, held in Paris, 6-8 November 1975; in the First International Congress of the European Food Law Association (EFLA), held in Parma, Italy, 26-27 September 1975, on "International Food Standards and National Laws". Assistance was also given in the preparation of documentation for an FAO regional workshop on forestry administration in Latin America; work continued in the preparation of a draft convention for the control of the spread of major communicable fish diseases and a revised draft convention was circulated to member Governments for comment. (a) Legislative assistance and expert advice in the field —rural legislation and land administration in Togo; —water legislation and administration in Brazil, Indonesia and Oman; —fisheries legislation and administration in Argentina, Malaysia, Philippines and United Arab Emirates; —forestry legislation in Papua New Guinea and El Salvador; —subisidiar-subisidiary legislatiolegislatonr on renewable natural resources and environmental protection in Colombia; —Seed Law for Nepal. (b) Legal drafting —preliminary works on technical assistance to the Dominican Republic's Gov- ernment on agrarian and water legislation; —comments on draft groundwater use regulations in the Philippines; —draft of Food Stock Legislation in Iran; —draft of Seed Law for Pakistan; —comments on and assistance in drafting of wildlife and national parks legislation in Dominica, St. Lucia, Indonesia and Afghanistan.

127 IPFC.AHC/75/4; IPFC.AHC/75/5. 128 For general information on the organization and functions of the Legislation Branch see Juridical Yearbook, 1972, p. 62, note 59. 69 (c) Special or comparative legal studies and reports A number of studies and documents prepared by or in cooperation with the Legislation Branch have been issued in the course of the year, concerning, inter alia, water legislation and administration, natural resources management; joint ventures in fisheries, international controls over marine pollution, and incentives in forestry.129 (d) Collection, translation and dissemination of legislative information FAO publishes, semi-annually, the Food and Agricultural Legislation. Annotated lists of relevant laws and regulations appear regularly in Land Reform, a semi-annual FAO publication. Similar lists are also published in the quarterly Food and Nutrition Review and in Unasylva [An international journal of forestry and forest industries].

3. UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION

1. MEMBERSHIP OF THE ORGANIZATION The Constitution of the Organization was signed on behalf of Grenada on 17 February 1975. The instrument of acceptance by Grenada of the Constitution having been deposited on 29 November 1974 with the Government of the United Kingdom of Great Britain and Northern Ireland, Grenada became a Member State of the Organization on 17 February 1975, in accordance with the relevant provisions of the Constitution.130 2. INTERNATIONAL REGULATIONS (a) Transmission of certified copies of instruments previously adopted In pursuance of Article 15 of the "Rules of Procedure concerning Recommenda- tions to Member States and International Conventions covered by the terms of Article IV, paragraph 4, of the Constitution", the Director-General transmitted to Member States certified copies of the following three Recommendations which were adopted by the General Conference during its eighteenth session held at the Head- quarters of the Organization, Paris, from 17 October to 23 November 1974: —Recommendation concerning education for international understanding, co- operation and peace and education relating to human rights and fundamental freedoms; —Revised recommendation concerning technical and vocational education; —Recommendation on the status of scientific researchers. The certified copies were sent to Member States in order that they could submit these Recommendations to their competent authorities, in accordance with Article IV, paragraph 4, of the Constitution. Transmitted with the certified copies were copies of a "Memorandum concerning the obligation to submit conventions and recommendations adopted by the Gen- eral Conference to the 'competent authorities' and the submission of initial special reports on the action taken upon these conventions and recommendations". This Memorandum has been prepared, upon instructions from the General Conference, 129 See the Bibliography appearing at the end of this Yearbook. 130 See Articles II and XV of the Constitution. 70 by the Director-General. It contains the various provisions of the Constitution and the regulations applicable, together with the other suggestions that the General Con- ference itself has found it necessary to formulate, at its earlier sessions, concerning the matters indicated by the memorandum's comprehensive title. (b) Entry into force of instruments previously adopted (i) On 21 August 1975, the instrument of accession by Greece to the Conven- tion on Wetlands of International Importance especially as Waterfowl Habitat, done at Ramsar, Iran, on 2 February 1971, was deposited with the Director-General. Greece was the seventh State either to have signed the Convention without reservation as to ratification or to have signed it and ratified it or to have acceded to it, in accordance with the provisions of its Article 9 (2). Article 10 of this Convention provides that the Convention "shall enter into force four months after seven States have become Parties to this Convention in accordance with paragraph 2 of Article 9" and that thereafter it "shall enter into force for each Contracting Party four months after the day of its signature without reservation as to ratification, or its deposit of an instrument of ratification or accession". The Convention of which the Director-General is the depositary was adopted by the International Conference on the Conservation of Wetlands and Waterfowl which was convened by the Imperial Government of Iran and which met in Ramsar from 30 January to 3 February 1971. (ii) On 17 September 1975, the instrument of ratification by Switzerland of the Convention concerning the Protection of the World Cultural and Natural Heritage,131 adopted at Paris on 16 November 1972 by the General Conference at its seventeenth session, was deposited with the Director-General. Switzerland was the twentieth State to deposit an instrument of ratification, acceptance or accession, in respect of this Convention. Article 33 of the Convention provides that this "Convention shall enter into force three months after the date of the deposit of the twentieth instrument of ratification, acceptance or accession but only with respect to those States which have deposited their respective instruments of ratification, acceptance or accession on or before that date" and that it "shall enter into force with respect to any other State three months after the deposit of its instrument of ratification, acceptance or accession". (iii) An instrument of ratification by Mexico of the Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Latin America and the Caribbean, done on 19 July 1974 at Mexico City, Mexico, was deposited with the Director-General on 14 May 1975. This was the second instrument of ratification by States deposited in respect of this Convention. The Convention provides under its Article 17 that it "shall enter into force between the States that have ratified it, one month after the deposit of the second instrument of ratification" and that subsequently, it "shall enter into force in respect of each State one month after that State has deposited its instrument of ratification or accession". The Convention of which the Director-General is the: depositary was adopted by an International Conference of States which was convened by UNESCO and which met at Mexico City from 15 to 19 July 1974. 131 Reproduced in the Juridical Yearbook, 1972, p. 89. 71 (c) Modification of an existing instrument On 18 June 1971 was signed in Paris, at UNESCO Headquarters, an Agreement concerning the Latin American Faculty of Social Sciences (FLACSO). In conformity with the terms of its Article XIV(3), this Agreement entered into force on 19 June 1972. Article XIII of this Agreement provides that it can be modified by the General Assembly of FLACSO by a decision taken by a two-thirds majority of the Member States. In accordance with this provision, the Agreement was modified by the General Assembly meeting in an extraordinary session held at Quito on 28 to 30 April 1975. In conformity with the transitory provision of the Agreement as modified, the modification took effect on 30 April 1975. (d) Preparation of new instruments In implementation of decisions132 taken by the General Conference at its eighteenth session to that effect, and in accordance with Article 10 (1) and (2) of the "Rules of Procedure concerning Recommendations to Member States and Interna- tional Conventions covered by the terms of Article IV, paragraph 4, of the Constitu- tion", the Director-General prepared and transmitted to Member States for their comments and observations preliminary reports on the following: —development of adult education;133 —exchange of original objects and specimens between museums in different countries;134 —preservation of historic quarters and historic sites within a modern environment;135 —action to ensure that people at large have free, democratic access to culture and participate actively in the cultural life of society;136 —extension of the provisions of the 1950 Agreement on the Importation of Educational, Scientific and Cultural Materials;137 —international standardization of statistics on radio and television;138 —protection of translators.139 These reports set forth the position with regard to the problems to be regulated and to the possible scope of the regulating action proposed in each case. In conformity with certain decisions140 taken by the General Conference at its eighteenth session and in implementation of relevant work plans141 noted by the

132 See Resolutions 18 C/1.221, 18 C/3.424, 18 C/3.425, 18 C/3.426, 18 C/4.112 and 18 C/6.13. 133 See document ED/MD/37, English, French, Russian, Spanish. 134 See document SHC/MD/27, English, French, Russian, Spanish. 135 See document SHC/MD/26, English, French, Russian, Spanish. 136 See document SHC/MD/28, English, French, Russian, Spanish. 137 See document COM/MD/34, English, French, Russian, Spanish. 138 See document COM/MD/35, English, French, Russian, Spanish. 139 See document LA/MD/3, English, French, Russian, Spanish. 14» See Resolutions 18 C/1.322, 18 C/4.111, paragraph 6(ii) and 18 C/5.11, paragraph (a). 141 See document 18 C/5, approved, paragraphs 1443, 4010 and 5007. 72 General Conference at its same session, preparatory work was done in respect of some other instruments scheduled for adoption in 1976 by the General Conference or by an international conference of States convened by UNESCO. These concerned the following subjects: —international recognition of studies, diplomas and degrees in higher education in the European States and Arab States bordering on the Mediterranean (draft convention to be adopted by an international conference of States):142 —fundamental principles on the role of the mass media in strengthening peace and international understanding and in combating war propaganda, racism and apartheid (draft declaration to be adopted by the General Conference);143 —race and racial prejudice (Draft declaration to be adopted by the General Conference).

3. COPYRIGHT AND NEIGHBOURING RIGHTS

(a) Universal Copyright Convention adopted at Geneva in 7952,144 as revised at Paris on 24 July 1971 Subsequent to the entry into force of the Universal Copyright Convention as revised at Paris in 1971, the Director-General convened the first ordinary session of the Intergovernmental Copyright Committee established under Article XI of the Convention, at UNESCO Headquarters on 2 and 3 June 1975. At that session, the Committee adopted its rules of procedure, approved the list of intergovernmental and non-governmental organizations to be invited to send observers to sessions of the Committee and decided on the length of the terms of office of States designated as first members of the Committee.145 Both the 1971 Committee and the Intergovernmental Copyright Committee of the 1952 Universal Convention met at Geneva from 10 to 16 December 1975. On that occasion, the 1952 Committee took the decision to adjourn its meetings sine die and, in the meantime, to transfer its functions to the 1971 Committee.146 Thus, when the 1971 Committee met, it considered a variety of items of interest to States party to both the 1952 and 1971 texts of the Universal Convention.

(b) International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations1** At its fifth ordinary session held at Geneva on 8 and 12 December 1975, the Intergovernmental Committee, established under Article 32 of this Convention, took note of the steps taken since its last ordinary session toward promoting the Conven- tion, in particular the Latin American Seminar on the Rights of Performers, Producers of Phonograms and Broadcasting Organizations that was convened in Mexico from 27 to 31 October 1975.148

142 See document ED-75/WS/37, English, French. i4» See documents COM-75/CONF.201/3, English, French, Russian, Spanish, and COM- 75/CONF.201/4, English, French, Russian, Spanish. 144 United Nations, Treaty Scries, vol. 216, p. 132. 145 Report of first session of Intergovernmental Committee, IGC ((1971 )/5. 146 Report of thirteenth ordinary session of the Committee of the 1952 Convention, IGC/XIII(1952)/2. 147 United Nations, Treaty Series, vol. 496, p. 43. 148 Report of fifth ordinary session, ILO/UNESCO/WIPO/ICR.5/8. 73 (c) Recommendation to Member States on the Protection of Translators Pursuant to resolution 6.13 adopted by the General Conference at its eighteenth session, the Director-General submitted to Member States for their comments and observations a preliminary report setting forth the position with regard to the problem to be regulated and to the possible scope of the regulating action proposed, together with the first draft of a recommendation on the protection of translators.149 On the basis of the comments and observations received, the Director-General has prepared a final report containing a draft text of a recommendation that will be examined by a special committee of governmental experts which is scheduled to meet at UNESCO Headquarters from 28 June to 7 July 1976. This special committee will submit a draft which has its approval to Member States, with a view to its discussion by the General Conference at its nineteenth session (1976). (d) Desirability of adopting an international instrument on the reprographic reproduction of works protected by copyright Sub-Committees of the Intergovernmental Copyright Committee and the Ex- ecutive Committee of the Berne Union on the reprographic 'reproduction of works protected by copyright met at Washington, D.C., from 16 to 21 June 1975. After a thorough examination of various aspects of this subject, the Sub-Committees adopted similar resolutions in which they noted that reprographic reproduction of works protected by copyright is covered by those provisions of the Universal Convention and the Berne Convention150 that concern the right of reproduction as well as the exceptions to that right, and recommended that States parties to one or the other of the said Conventions, with a view to reconciling where necessary, the needs of the users of reprographic reproduction with the rights and interests of the authors, seek a solution based on certain stated principles.151 (e) International Copyright Information Centre—Double taxation of copyright royalties A Committee of Governmental Experts was convened by the Director-General from 3 to 10 November 1975 to prepare a draft international agreement to avoid the double taxation of copyright royalties remitted from one country to another. The Committee's consideration of this matter was centered mainly on three points: the advisability of preparing an international agreement for the purpose of avoiding the double taxation of copyright royalties; the scope of the proposed agreement; and the criterion for determining the country of taxation.152 After a fruitful exchange of views on this subject, the Committee recommended, inter alia, that the Secretariat of UNESCO prepare a preliminary draft for a multilateral convention, accompanied by explanatory comments, and that another committee of governmental experts be convened in 1976 in order to examine these texts.

4. HUMAN RIGHTS At its 98th session, the Executive Board continued discussion of items 9.4,153

149 International Instrument for the Protection of Translators, LA/MD/3. 150 United Nations, Treaty Series, vol. 331, p. 2.7. 151 For text of resolutions, see Report of Sub-Committees on Reprographic Reproduc- tion, IGC/SC.2/8-B/EC/SC/I/8, Annex. 152 Report of Committee of Governmental Experts, LA/ICIC/DT/I/6. 153 See documents 97 EX/33, Arabic, English, French, Russian, Spanish; 97 EX/33 Add., Arabic, English, French, Russian, Spanish; 98 EX/38, Arabic, English, French, Rus- 74 9.5154 and 9.6155 of its agenda, items whose discussion at the Board's 97th session had been deferred until its 98th session. At this 98th session, the Board adopted decisions 98 EX/9.4, 9.5, 9.6 by which it, inter alia, confirmed, as stated in paragraph 4 of decision 77 EX/8.3, that UNESCO is not authorized under its Constitution to take any measures in connexion with complaints regarding human rights, which can be entertained only in accordance with the covenants and protocols subscribed to by Member States, and decided that its Committee on Conventions and Recommendations in Education shall have terms of reference including the examination of communications addressed to UNESCO in connexion with specific cases alleging a violation of human rights in education, science and culture. The Board reaffirmed that the Committee's procedure shall continue to be that laid down in decision 77 EX/8.3, which was based on the procedure defined in resolution 728 (XXVIII) of the Economic and Social Council.

4. INTERNATIONAL CIVIL AVIATION ORGANIZATION

1. REVISION OF THE WARSAW CONVENTION (1929) AS AMENDED BY THE HAGUE PROTOCOL (1955) IN RESPECT OF AIR MAIL AND CARGO IN INTERNATIONAL CARRIAGE BY AIR The International Conference on Air Law met at Montreal from 3 to 25 Sep- tember. The purpose of the Conference was to consider, with a view to adoption, the draft articles prepared by the twenty-first session of the Legal Committee for the amendment—in respect of air mail and cargo in international carriage by air—of the Warsaw Convention of 1929 as amended by the Hague Protocol in 1955. As a result of its deliberations, the Conference adopted and opened for signature the texts of the following Protocols: (1) Additional Protocol No. 1 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929; (2) Additional Protocol No. 2 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as Amended by the Protocol Done at The Hague on 28 September 1955; (3) Additional Protocol No. 3 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as Amended by the Protocols done at The Hague on 28 September 1955 and at Guatemala City on 8 March 1971; and (4) Montreal Protocol No. 4 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 28 October 1929 as Amended by the Protocol done at The Hague on 28 September 1955. sian, Spanish; 98 EX/39, Arabic, English, French, Russian, Spanish; 98 EX/39 Add., Arabic, English, French, Russian, Spanish; and 98 EX/INF.4, Arabic, English, French, Russian, Spanish. 154 See document 97 EX/34, Arabic, English, French, Russian, Spanish. 155 See document 97 EX/36, Arabic, English, French, Russian, Spanish. 75 The Conference furthermore adopted in its Final Act a resolution calling for study of a consolidation of the instruments of the "Warsaw System" into a single Convention in accordance with the established procedure as soon as possible. The Council of ICAO considered this resolution during its 86th session in November 1975 and decided to convene the meeting of the Subcommittee of the Legal Com- mittee from 17 May till 1 June 1976 for study of a consolidation of the instruments of the "Warsaw System" into a single Convention. At the same time the Council of ICAO convened the twenty-second session of the Legal Committee to study this subject from 19 October to 12 November 1976.156 2. STUDY OF THE ROME CONVENTION OF 1952,157 NOISE AND SONIC BOOM The Subcommittee of the Legal Committee met at Montreal from 8 to 22 April to study the revision of the Rome Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface and to study the preparation of a new instrument on liability for damage caused by noise and sonic boom. The Subcommittee reached a certain degree of consensus on the revision of Chapters I, III, IV and V of the Rome Convention and drafted some solutions which are not seriously divergent; the problem of limits of liability remained unsolved. The Subcommittee considered that it can do no further useful work on the revision of the Rome Convention and that the matter should be considered by the Legal Committee. On the question of liability for damage caused by noise and sonic boom the opinions were widely divergent and it was considered that without further information and data of legal, economic and technical nature, the situation was not ripe for the drafting of a new instrument; the Subcom- mittee recommended that the problem be referred to the Legal Committee. The Council noted the report of the Subcommittee during its 85th session in June 1975 and States and international organizations were requested to send comments on the questions raised in the report. The twenty-second session of the Legal Committee which will be held in Montreal from 19 October to 12 November 1976 will consider this problem on the basis of the comments received.158 3. UNLAWFUL INTERFERENCE WITH INTERNATIONAL CIVIL AVIATION AND ITS FACILITIES The Committee on Unlawful Interference with International Civil Aviation and its Facilities held 7 meetings during the year. It recommended for consideration by the Council the reclassification of certain Recommended Practices in Annex 17 (Security) to Standards, and the addition of a Recommended Practice in Chapter 9 of Annex 9 (Facilitation) and of a Standard in Chapter 5 of Annex 13 (Aircraft Accident Investigation). On 19 December, the Council adopted an amendment in Chapter 5 of Annex 13 as recommended by the Committee.159 4. AUTHENTIC RUSSIAN TEXT OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION To implement Assembly Resolution A21-13 the Council decided on 6 June 1975 to establish a Council Working Group on the authentic Russian text of the Chicago Convention. The Working Group held two sessions in 1975. On the basis of the recommendation of the Working Group, the Council decided on 28 November 1975 to convene a diplomatic conference in 1977 in conjunction with the ordinary session of the Assembly. The Council also considered the text of a proposed amendment to the last paragraph of the Convention as well as a draft Russian text of the Convention

156 See Annual Report of the Council to the Assembly for 1975, Chapter VI, Section 6. 157 United Nations, Treaty Series, vol. 310, p. 181. 158 See Annual Report of the Council to the Assembly for 1975, Chapter VI, Section 6. "» Ibid., Section 7. 76 and of the amendments thereto. The draft texts have been sent to States for comments and the Council and its Working Group will consider the matter further during 1976 in the light of comments of States.160 5. ANNEXES TO THE CONVENTION ON INTERNATIONAL CIVIL AVIATION, PROCEDURES FOR AIR NAVIGATION SERVICES (PANS) REGIONAL SUPPLEMENTARY PROCEDURES (SUPPS) See "ICAO Technical Publications, Current Edition" which is published in the ICAO Bulletin. 6. DIGEST OF JUDICIAL DECISIONS During its 84th and 86th sessions, the Council considered a proposal for the implementation of Assembly Resolution A21-14 in which the Council was requested to prepare a feasibility study relating to the preparation of a digest of judicial decisions relating to multilateral international air law conventions. The Council studied the comments received from States and decided to postpone its decision as to what to recommend to the Assembly until additional comments will be received from States and the Secretary-General prepares a draft Assembly working paper showing in some detail the form which the digest would take.161

5. WORLD HEALTH ORGANIZATION I. CONSTITUTIONAL AND LEGAL MATTERS 1. On 26 February and 9 December 1975 respectively the Republic of Botswana and the Comoros, already members of the United Nations, became Members of the World Health Organization by depositing formal instruments of acceptance of the WHO Constitution162 with the Secretary-General of the United Nations. The Kingdom of Tonga, the People's Republic of Mozambique163 and the Democratic Republic of Viet-Nam were admitted as Members of WHO by the Twenty-eighth World Health Assembly on 14 May 1975 and deposited instruments of acceptance on 14 August, 11 September and 22 October 1975 respectively, dates on which their membership became effective. At the end of 1975 WHO had 146 Members and two Associate Members.164 2. During 1975 Bahrain and Cuba deposited instruments of acceptance of the amendment to Article 7 of the Constitution, adopted by the Eighteenth World Health Assembly in 1965 (WHA 18.48), relating to the possible suspension or exclusion of a Member ignoring the humanitarian principles and the 'objectives laid down in the Constitution; this brings the total number of acceptances to 52. 160 Ibid., Section 3. i»1 Ibid., Section 9. 162 United Nations, Treaty Series, vol. 14, p. 185 and vol. 377, p. 380. 163 \yith regard to Mozambique, the World Health Assembly specified in resolution WHA 28.3 of 14 May 1975 that the admission was to have effect from the date of attainment of independence by Mozambique to take place on 25 June 1975. In reply to questions regarding the legal possibility of such admission in advance, the Director-General had referred to decisions previously taken by other organizations of the United Nations system in similar cases; see Official Records of the World Health Organization, No. 227, p. 49, 65, and 321. 164 The associate membership of one of these, Southern Rhodesia, is regarded as being in suspense. Papua New Guinea, a former Associate Member, attained independence on 16 September 1975 but continues, in accordance with resolution WHA 14.45, to enjoy the rights and privileges of associate membership during the transitional period which must necessarily elapse before the country can become a full Member. 77 3. The amendments to Articles 24 and 25 of the Constitution adopted in 1967 by the Twentieth World Health Assembly (resolution \VHA 20.36), increasing the membership of the Executive Board from 24 to 30, entered into force on 21 May 1975 after instruments of acceptance had been deposited by 12 further Members since the beginning of the year, bringing the total number of acceptances to 95 and thus meeting the requirement of acceptance by two-thirds of Members in accordance with Article 73 of the Constitution. Noting the entry into force of this amendment, the Twenty-eighth World Health Assembly, in its resolution WHA 28.22, requested the Director-General to propose for the consideration of the Twenty-ninth World Health Assembly draft amendments to the Constitution to permit a further marginal increase in the membership of the Executive Board. In compliance with this mandate the Director-General, in June 1975, transmitted to all Members of the Organization a number of alternative drafts for a constitutional amendment which would further enlarge the Executive Board by one, two or three members. 4. The amendments to Articles 34 and 55 of the Constitution, which were adopted by the Twenty-sixth World Health Assembly in 1973 (resolution WHA 26.37)165 and which would permit a transition to full biennial programme-budgeting, were accepted in the course of 1975 by 42 further Members (Afghanistan, Australia, Bahrain, Benin, Bolivia, Burma, Cyprus, Dominican Republic, Ecuador, El Salvador, France, Federal Republic of Germany, Greece, Guinea, Guinea-Bissau, Iceland, Ireland, Kuwait, Malaysia, Maldives, Mali, Mexico, Monaco, Morocco, Netherlands, Nigeria, Norway, Panama, Portugal, Qatar, Singapore, Somalia, Spain, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Uganda, United States of America, Venezuela and Yugoslavia). By the end of the year a total of 62 instruments of acceptance had thus been deposited; at least 36 further instruments will be necessary in order to meet the requirements for entry into force of the amendments in accordance with Article 73 of the Constitution. The Twenty-eighth World Health Assembly, in its resolution WHA 28.74, urged Members that have not yet notified their acceptance to the Secretary-General of the United Nations to do so within the shortest possible time. II. HEALTH LEGISLATION 5. The twenty-sixth volume of the International Digest of Health Legislation was published in 1975 together with an index covering the five years 1970-74. This quarterly publication continues to constitute the main vehicle for informing health ministries and public health workers of changes and developments in health legislation throughout the world. 6. A survey of recent legislation on venereal disease control,166 also published in 1975, was included in the background material for the technical discussions at the Twenty-eighth World Health Assembly. Work was started on the preparation of an international review of mental health legislation. 7. A comparative study of legislative measures to combat smoking—an updated version of a document167 considered by the WHO Expert Committee on Smoking and its Effects on Health at its meeting in December 1974—was presented by WHO at the Third World Conference on Smoking and Health, held in New York in June 1975. 8. In connexion with a large-scale project for protection of the Mediterranean against pollution, WHO prepared an analysis of pertinent national legislation on water- 165 Reproduced in the Juridical Yearbook, 1973, p. 79. 166 World Health Organization. Venereal disease control: a survey of recent legislation, Geneva, 1975. 167 WHO Technical Report Series, No. 568, 1975, Annex 3. 78 pollution control in the Mediterranean States, a document on relevant international conventions, and guidelines and associated technical annexes for a draft protocol for the protection of the Mediterranean against pollution from land-based sources. This was undertaken at the request of UNEP in preparation for an impending intergovernmental meeting and involved close collaboration with a number of other international bodies. 9. There is increasing reference to the Organization on matters of bioethics. In this connexion, the redrafting of the Declaration of Helsinki was extensively discussed with the World Medical Association and the Council for International Organizations of Medical Sciences. A revised version of the Declaration of Helsinki was adopted by the Twenty-ninth World Medical Assembly in Tokyo in October. A study168 on the health aspects of human rights in the light of scientific and technological developments, prepared in response to a request of the Twenty-third World Health Assembly, was considered by the Executive Board at its fifty-fifth session. It sum- marizes briefly the main situations in which interventions, compulsions or restraints performed or imposed on human beings for preventive or curative therapeutic purposes, or with a view to advancing knowledge of health and disease, have implications for the rights of the individual. The study was submitted to the thirty-first session of the United Nations Commission on Human Rights, held in Geneva in February-March 1975. 10. Assistance was given to Algeria in reviewing proposed legislation relating to water supply organization, including a draft water code, in the context of a general survey of the water supply and sewerage sector. Malaysia received assistance in reviewing and updating its food and drug legislation.

6. WORLD BANK

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID) Signatures and ratifications of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States During 1975 and 1976, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States109 (hereinafter referred to as the Con- vention) was signed by Australia and Mali, and ratified by Gambia and Romania. As of August 15, 1976, 72 States had signed the Convention and 67 States had deposited their instruments of ratification.170 Advance acceptance of the jurisdiction of the Centre For relevant information see Juridical Yearbook, 1974, p. 76. Submission of disputes to the Centre For relevant information see Juridical Yearbook, 1974, p. 77.

168 World Health Organization. Health aspects of human rights with special reference to developments in biology and medicine, Geneva, 1975, distributed by the United Nations as document E/CN.4/1173. 169 Reproduced in the Juridical Yearbook, 1966, p. 196. 170 The list |of Contracting States and Other Signatories of the Convention is reproduced in Document ICSID/3. 79 Investment laws of the world As indicated in the Juridical Yearbook, 1974, p. 77, the Centre's investment legislation project is presented in the form of a loose-leaf service. The number of developing nations parties to the Convention which are covered by the publication now stands at 53. Eight volumes are projected of which the first six are already available. Action by Contracting States pursuant to the Convention Pursuant to Article 13 of the Convention, each Contracting State may designate up to four persons to serve on each of the two Panels maintained by the Centre, and the Chairman of the Administrative Council may designate up to ten persons to each Panel. States, as well as the Chairman, have made designations and the names of 142 persons now appear on the Panel of Conciliators and 144 on the Panel of Arbitrators.171 Three countries have notified the Centre, pursuant to Article 25(4) of the Con- vention, of the classes of disputes they would or would not consider submitting to the jurisdiction of the Centre.1T- There have also been further designations under Article 54(2) of the Convention (competent court or other authority to which requests for the recognition or enforcement of arbitral awards rendered pursuant to the Convention are to be furnished). 47 States have so far notified the Centre of such designations.

7. INTERNATIONAL MONETARY FUND

The Legal Department of the International Monetary Fund participates in all activities of the Fund that have legal implications. This participation includes legal research, participation in negotiations and drafting. The Department participates in the work of the organs and committees of the Fund (the Executive Directors, the Board of Governors, and its Interim and other Committees), as well as in meetings with members and with various other international organizations. The main activities of the Fund in 1975 with legal implications are described below. Reform of the international monetary system In 1975, the Fund continued to negotiate and implement the immediate steps of monetary reform that had been recommended in Part II of the Outline of Reform, published on June 14, 1974, by the Ad Hoc Committee of the Board of Governors on Reform of the International Monetary System and Related Issues (the "Committee of Twenty"). Lengthy negotiations have been completed to incorporate many of these recommendations in an amendment of the Fund's Articles of Agreement and in decisions to give effect to other recommendations. Following the issuance of the Outline of Reform, the Committee of Twenty was succeeded by the Interim Committee of the Board of Governors on the International Monetary System. The mandate of the Interim Committee is broader than that of its predecessor, as it includes supervising the management and adaptation of the international monetary system and dealing

171 A list of the members of both Panels is set forth in Document ICSID/10. 172 The text of the notifications can be found in Document ICSID/10 which lists the Contracting States and the actions taken by them pursuant to the Convention. 80 with sudden disturbances that might threaten the system, as well as considering proposals of the Executive Directors to amend the Articles of Agreement.173 The formula for composition of the two committees is the same: a Minister, Governor of the Fund, or person of similar rank appointed by each constituency of members that appoints or elects an executive director. The committees consist, therefore, of 20 members. Amendment of the Articles of Agreement The Interim Committee, in its meetings in January, June and August, 1975, gave guidance to the Executive Directors on a number of difficult issues arising on the draft amendments the Executive Directors had prepared before each meeting of the Interim Committee.174 The substantive changes included in the proposed amendment range throughout the Articles, but can be described as involving six main themes: («) Exchange arrangements of each member's choice; the possible adoption of particular general arrangements; and the possible adoption of a system of par values in which members will have an option to participate; subject at all times to general obligations and firm surveillance by the Fund. (b} A reduction in the role of gold, including the disposition of the Fund's own holdings of gold. (c) Changes in the characteristics and expansion of the possible uses of the special drawing right so as to assist it to become the principal reserve asset of the international monetary system. (d) Simplification and expansion of the types of the Fund's financial operations and transactions, particularly those conducted through the General Depart- ment. (e) The possible establishment of the Council as a new organ of the Fund. (/) Certain improvements in organizational aspects of the Fund. The Legal Department also prepared the draft of a commentary by the Executive Directors on the extensive changes in the Articles of Agreement to be made by the amendment. The commentary is included in the Report of the Executive Directors to the Board of Governors on the Proposed Second Amendment to the Articles of Agreement of the International Monetary Fund. Trust Fund and gold sales The Interim Committee recommended on August 31, 1975 that the Fund should begin to sell 50 million ounces of its gold under the powers in the present Articles and complete this program under the amended Articles. Of that amount, 25 million ounces were to be sold directly to members in exchange for their own currencies at the present official price equivalent to SDR 35 per ounce. The other 25 million ounces were to be sold, and the profits used for the benefit of developing members. A portion of the profits equivalent to the ratio of a member's quota to all quotas was to be

173 United Nations, Treaty Series, vol. 2, p. 39. 174 Following the January 1976 meeting of the Interim Committee, at which all remaining basic issues on amendment were agreed, the Executive Directors agreed on the text of a proposed amendment in March 1976, and the Board of Governors approved it in April 1976. The proposed amendment was then submitted to the Fund's 128 members for acceptance in accordance with their respective legal systems. The amendment will enter into force for all members when three-fifths of the members with four-fifths of the total voting power accept it. 81 distributed directly to each developing member, and the remainder was to be used for loans on concessional terms to developing members with a balance of payments need. The loans would be made through a Trust Fund to be administered by the Fund as Trustee. The Fund also established the Interest Subsidy Account in July 1975 to assist the members most seriously affected by the energy crisis to meet the costs of charges payable to the Fund in connection with transactions under the Oil Facility. Quota increases During 1975 the Executive Directors and the Interim Committee conducted negotiations on a general increase in the quotas of members in the Fund, and agreed on a total increase from the equivalent of SDR 29.2 billion to SDR 39 billion. The increases cannot become effective until after the amendment of the Articles takes effect.175 One of the issues involved the means of payment of the subscriptions equivalent to the quota increases. Unlike previous additional subscriptions, which were paid in gold (one-fourth) and the members' own currencies (three-fourths), under the amendment the former "gold" portion of a subscription on this occasion will be payable, at a member's option, in its own currency or in special drawing rights and the currencies of other members specified with their concurrence by the Fund. The General Account With the equivalent of SDR 4,315 million in purchases and SDR 484 million in repurchases, the General Account in 1975 experienced a greater volume of transactions than in any previous year. A substantial portion of the purchases, equivalent to SDR 3,176 million, were made under the Oil Facility established in 1974.176 The Oil Facility was established to assist members in balance of payments difficulty to meet the initial impact of the increase in cost of importing petroleum and petroleum products. To finance the purchases under the Oil Facility the Fund borrowed a total equivalent to SDR 6,902 million from oil-producing and other members. The decision on the compensatory financing of export fluctuations was reviewed and revised in December 1975. The revised decision permits substantially larger purchases than under the previous decision. The General Arrangements to Borrow, a standing line of credit to the Fund, in accordance with agreed terms, of approximately SDR 5.5 billion, were renewed for five years beginning October 24, 1975. The General Arrangements to Borrow were modified at the time of their renewal to provide for repayments of loans in special drawing rights and payment of interest at the same rate as is paid to the Fund for the use of the borrowed currency. Technical assistance Technical assistance continued to be provided to the authorities of many members in the drafting of legislation and regulations relating to central banking, banking, taxation, and associated matters. Members of the Legal Department continued to assist the Working Group on International Negotiable Instruments, especially in its consideration of a draft uniform law on international bills of exchange and promissory notes.

175 The Board of Governors adopted a resolution, effective March 22, 1976, under which quotas can be increased as a result of the review. The Report of the Executive Directors to the Board of Governors is reproduced in IMF Survey, April 5, 1976. 176 The Oil Facility expired in accordance with its terms in March 1976. 82 8. WORLD METEOROLOGICAL ORGANIZATION

1. MEMBERSHIP OF THE ORGANIZATION The following countries deposited their instrument of accession to the Con- vention of the World Meteorological Organization during 1975. The date of deposit and the effective date of membership are indicated in each case, in chronological order: Date of deposit of the Date of State instrument o1 accession membership Oman 3 January 1975 2 February 1975 (under Article 3(6) of the Convention) Qatar 4 April 1975 4 May 1975 (under Article 3(6) of the Convention) Democratic People's 27 May 1975 26 June 1975 Republic of Korea (under Article 3 (c) of the Convention) Democratic Republic 8 July 1975 7 August 1975 of Viet Nam (under Article 3(c) of the Convention ) Cape Verde 21 October 1975 20 November 1975 (under Article 3(6) of the Convention) Papua New Guinea 15 December 1975 15 January 1976 (under Article 3(6) of the Convention) By resolution 38 (Cg-VII), the Seventh World Meteorological Congress (Geneva, 28 April-23 May 1975) considered that the provisions of Article 31 of the Con- vention of the Organization regarding suspension of membership were applicable to the Government of the Republic of South Africa and accordingly decided to suspend this Member country from exercising its rights and enjoying privileges as a Member of the Organization until it renounced its policy of racial discrimination and abided by the United Nations resolutions concerning Namibia. 2. QUESTIONS RELATING TO THE CONVENTION AND THE GENERAL REGULATIONS ( 1 ) Convention The Seventh World Meteorological Congress adopted amendments to the WMO Convention to take into account the activities of the Organization in the field of hydrology. The parts of the Convention which were amended are the Preamble and Articles 2, 6, 7, 8, 13, 14, and 18. The amended texts are contained in Resolution 18 (Cg-VII) adopted by Con- gress.177 (2) General Regulations The Seventh World Meteorological Congress adopted some amendments to the General Regulations of the World Meteorological Organization which were consequential to the amendments to the Convention referred to above. 177 Publication WMO No. 416. For the complete revised text of the Convention, see the publication entitled "Basic Documents" (WMO-No. 15, 1975 edition). 83 Other amendments to the General Regulations which appeared necessary in the light of experience were also adopted. Particular mention may be made of the regulation relating to the invitations to non-Member countries to send observers to sessions of constituent bodies and the inclusion of the Chinese language as an official and working language. The amended texts of the General Regulations are contained in Resolutions 48 (Cg-VIl) and 49 (Cg-VII) adopted by Congress.178 3. AGREEMENTS AND WORKING ARRANGEMENTS (1) Agreement of Co-operation with the Organization of African Unity (OAU) The Seventh World Meteorological Congress (Geneva, 28 April-23 May 1975) approved the text of an Agreement of Co-operation between the World Meteorological Organization and the Organization of African Unity for signature by the Secretaries- General of the two Organizations. (2) Working Arrangements with the European Centre for Medium Range Weather Forecasts Under the authority given by the Executive Committee of the World Meteor- ological Organization, working relations were established, by an exchange of letters, between the World Meteorological Organization and the European Centre for Medium Range Weather Forecasts and came into force on 4 November 1975.179 (3) Agreement for Joint Financing of North Atlantic Ocean Stations The Agreement for Joint Financing of North Atlantic Ocean Stations which was concluded in November 1974 and was subsequently open for signature at the Head- quarters of the World Meteorological Organization in Geneva until 31 May 1975, was signed by the following Member States without reservation: Denmark, Federal Republic of Germany, Ireland and Tunisia, and by Finland and the United Kingdom subject to ratification. The following Member States which had earlier signed the Agreement subject to ratification, subsequently deposited their respective instruments of ratification: Iceland, Netherlands, Norway and Sweden. (4) Legal aspects of weather modification In response to a recommendation of a meeting convened jointly by the World Meteorological Organization and the United Nations Environment Programme that the Organization should attempt to compile an inventory of national legislation relating to weather modification, Members of the Organization were requested to provide the texts of any laws relevant to, or which could be applied to, weather modification activities.

9. INTERNATIONAL ATOMIC ENERGY AGENCY 1. STATUTE AND MEMBERSHIP OF THE AGENCY; ACTIONS TAKEN BY STATES IN CONNECTION WITH THE STATUTE The Agency's membership at the end of 1975 stood at 106, no further instruments of acceptance having been deposited during 1975. 178 Publication WMO-No. 416. For the complete revised text of the General Regulations, see the publication entitled "Basic Documents" (WMO-No. 15, 1975 edition). 179 The texts of the correspondence will be included in a new edition of the publication entitled "Agreements and Working Arrangements with other international organizations" (WMO-No. 60). 84 2. LEGAL ACTIVITIES (a) Nuclear Explosions for Peaceful Purposes (PNE) Further to the authorization given in September 1974 to the Director General to establish a separate unit within the Secretariat to deal with matters concerning peaceful nuclear explosions, and after adoption towards the end of 1974 by the General Assembly of the United Nations of two resolutions containing references to the Agency's activities connected with PNE (resolution 3213 (XXIX), para. 7 and resolution 3261 D(XXIX), para. 2), the Board of Governors of the Agency adopted on 11 June 1975 a resolution providing for the establishment of an Ad Hoc Advisory Group on Nuclear Explosions for Peaceful Purposes. Under its terms of reference as laid down in this resolutions, the Group is inter alia: "To examine the aspects of nuclear explosions for peaceful purposes (PNE) coming within the Agency's sphere of competence, with particular reference to: "(i) ... "(ii) Legal aspects and treaty obligations;

180 Reproduced in the Juridical Yearbook, 1968, p. 156. 181 For the proceedings of the Conference, see documents NPT/CONF/35/1, NPT/ CONF/35/II and NPT/CONF/35/III. 85 (c) Safeguards Agreements outside the framework of the Non-Prolifération Treaty Steps have been taken to clarify the scope and duration of safeguards agreements concluded outside the framework of the Non-Proliferation Treaty. These clarifications are being reflected in new agreements. Consideration is also being given to the elaboration of standard agreements for States that are not party to the Treaty but wish to arrange for the application of safeguards to all nuclear imports or to certain categories of such imports. (d) Regional Nuclear Fuel Cycle Centers—Study Project Following a report by the Director General at the eighteenth regular session of the General Conference in 1975 that the Agency's Market Survey for Nuclear Power in Developing Countries showed that nuclear power is now attractive on economic grounds to about 40 developing countries and should account for more than half of the capacity additions in these countries during the next decade, a paper on such a study project was elaborated by the Agency and a Consultants' meeting on legal and institutional aspects scheduled for 1976. (e) Training courses and advisory services on regulatory matters In response to the urgent needs for qualified personnel in many developing countries about to undertake their first nuclear power programmes, the Agency organized an Interregional Training Course on Nuclear Power Project Planning and Implementation at the Nuclear Research Centre, Karlsruhe, from September to December 1975. The course which was held in co-operation with the Government of the Federal Republic of Germany and with the financial support of the United Nations Development Programme, was attended by 36 participants from 20 countries. The syllabus of this training programme focuses on the management, administrative, technical and economic aspects of preconstruction planning and post-planning implementation stages, including the legislative framework and regulatory requirements for the introduction of nuclear power. This was the first in a series of training courses scheduled by the Agency for the period 1975-1977. Reference is made to such training courses in resolution 3386 (XXX), adopted by the General Assembly on 12 November 1975 in relation to the report of the IAEA and in which the General Assembly "notes with appreciation the increased and continuing emphasis which the IAEA places in its technical assistance programme on the introduction of nuclear power and its technology in developing countries for the peaceful needs of these countries, in particular the series of training courses on nuclear power project planning and implementation". In conjunction with the implementation of the first nuclear power projects in Mexico and Yugoslavia, the Agency provided advisory services on legal and regulatory matters to the national authorities concerned in the course of 1975. It also assisted the Government of Malaysia in the framing of legislation for the control of the production, application and use of atomic energy.

86 Chapter IV

TREATIES CONCERNING INTERNATIONAL LAW CONCLUDED UNDER THE AUSPICES OF THE UNITED NATIONS AND RELATED INTER- GOVERNMENTAL ORGANIZATIONS

Treaties concerning international law concluded under the auspices of the United Nations

UNITED NATIONS CONFERENCE ON THE REPRESENTATION OF STATES IN THEIR RELATIONS WITH INTERNATIONAL ORGAN- IZATIONS (a) VIENNA CONVENTION ON THE REPRESENTATION OF STATES IN THEIR RELATIONS WITH INTERNATIONAL ORGANIZATIONS OF A UNIVERSAL CHARACTER. DONE AT VIENNA ON 14 MARCH 1975 The States Parties to the present Convention, Recognizing the increasingly important role of multilateral diplomacy in relations between States and the responsibilities of the United Nations, its specialized agencies and other international organizations of a universal character within the international community, Having in mind the purposes and principles of the Charter of the United Nations concerning the sovereign equality of States, the maintenance of international peace and security and the promotion of friendly relations and co-operation among States, Recalling the work of codification and progressive development of international law applicable to bilateral relations between States which was achieved by the Vienna Convention on Diplomatic Relations of 1961, the Vienna Convention on Consulat Relations of 1963, and the Convention on Special Missions of 1969, Believing that an international convention on the representation of States in their relations with international organizations of a universal character would contribute to the promotion of friendly relations and co-operation among States, irrespective of their political, economic and social systems, Recalling the provisions of Article 105 of the Charter of the United Nations, Recognizing that the purpose of privileges and immunities contained in the present Convention is not to benefit individuals but to ensure the efficient performance of their functions in connexion with organizations and conferences, Taking account of the Convention on the Privileges and Immunities of the United Nations of 1946, the Convention on the Privileges and Immunities of the Specialized Agencies of 1947 and other agreements in force between States and between States and international organizations, Affirming that the rules of customary international law continue to govern questions not expressly regulated by the provisions of the present Convention, 87 Have agreed as follows: PART I INTRODUCTION Article 1 Use of terms 1. For the purposes of the present Convention: (1) "international organization" means an intergovernmental organization; (2) "international organization of a universal character'' means the United Nations, its specialized agencies, the International Atomic Energy Agency and any similar organization whose membership and responsibilities are on a world-wide scale; (3) ''Organization'' means the international organization in question; (4) ''organ'' means: (a) any principal or subsidiary organ of an international organization, or (b) any commission, committee or sub-group of any such organ, in which States are members; (5) "conference" means a conference of States convened by or under the auspices of an international organization; (6) "mission" means, as the case may be, the permanent mission or the permanent observer mission; (7) "permanent mission" means a mission of permanent character, representing the State, sent by a State member of an international organization to the Organization; (8) "permanent observer mission" means a mission of permanent character, representing the State, sent to an international organization by a State not a member of the Organization; (9) "delegation" means, as the case may be, the delegation to an organ or the delegation to a conference; (10) "delegation to an organ" means the delegation sent by a State to participate on its behalf in the proceedings of the organ; (11) "delegation to a conference" means the delegation sent by a State to participate on its behalf in the conference; (12) "observer delegation" means, as the case may be, the observer delegation to an organ or the observer delegation to a conference; (13) "observer delegation to an organ" means the delegation sent by a State to participate on its behalf as an observer in the proceedings of the organ; (14) "observer delegation to a conference" means the delegation sent by a State to participate on its behalf as an observer in the proceedings of the conference; (15) "host State" means the State in whose territory: (a) the Organization has its seat or an office, or (b) a meeting of an organ or a conference is held; 88 (16) "sending State" means the State which sends: (a) a mission to the Organization at its seat or to an office of the Organization, or (£) a delegation to an organ or delegation to a conference, or (c) an observer delegation to an organ or an observer delegation to a conference; (17) "head of mission" means, as the case may be, the permanent representative or the permanent observer; (18) "permanent representative" means the person charged by the sending State with the duty of acting as the head of the permanent mission; (19) "permanent observer" means the person charged by the sending State with the duty of acting as the head of the permanent observer mission; (20) "members of the mission" means the head of mission and the members of the staff; (21) "head of delegation" means the delegate charged by the sending State with the duty of acting in that capacity; (22) "delegate" means any persons designated by a State to participate as its representative in the proceedings of an organ or in a conference; (23) "members of the delegation" means the delegates and the members of the staff; (24) "head of the observer delegation" means the observer delegate charged by the sending State with the duty of acting in that capacity; (25) "observer delegate" means any person designated by a State to attend as an observer the proceeding of an organ or of a conference; (26) "members of the observer delegation" means the observer delegates and the members of the staff; (27) "members of the staff" means the members of the diplomatic staff, the administrative and technical staff and the service staff of the mission, the delegation or the observer delegation; (28) "members of the diplomatic staff" means the members of the staff of the mission, the delegation or the observer delegation who enjoy diplomatic status for the purpose of the mission, the delegation or the observer delegation; (29) "members of the administrative and technical staff" means the members of the staff employed in the administrative and technical service of the mission, the delegation or the observer delegation; (30) "members of the service staff" means the members of the staff employed by the mission, the delegation or the observer delegation as household workers or for similar tasks; (31) "private staff" means persons employed exclusively in the private service of the members of the mission or the delegation; (32) "premises of the mission" means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for 89 the purpose of the mission, including the residence of the head of mission; (33) "premises of the delegation" means the buildings or parts of buildings, irrespective of ownership, used solely as the offices of the delegation; (34) "rules of the Organization" means, in particular, the constituent instruments, relevant decisions and resolutions, and established practice of the Organization. 2. The provisions of paragraph 1 of this article regarding the use of terms in the present Convention are without prejudice to the use of those terms or to the meanings which may be given to them in other international instruments or the internal law of any State. Article 2 Scope of the present Convention 1. The present Convention applies to the representation of States in their relations with any international organization of a universal character, and to their'representation at conferences convened by or under the auspices of such an organization, when the Convention has been accepted by the host State and the Organization has completed the procedure envisaged by article 90. 2. The fact that the present Convention does not apply to other international organizations is without prejudice to the application to the representation of States in their relations with such other organizations of any of the rules set forth in the Convention which would be applicable under international law independently of the Convention. 3. The fact that the present Convention does not apply to other conferences is without prejudice to the application to the representation of States at such other conferences of any of the rules set forth in the Convention which would be applicable under international law independently of the Convention. 4. Nothing in the present Convention shall preclude the conclusion of agreements between States or between States and international organizations making the Convention applicable in whole or in part to international organizations or conferences other than those referred to in paragraph 1 of this article. Article 3 Relationship between the present Convention and the relevant rules of international organizations or conferences The provisions of the present Convention are without prejudice to any relevant rules of the Organization or to any relevant rules of procedure of the conference. Article 4 Relationship between the present Convention and other international agreements The provisions of the present Convention (a) are without prejudice to other international agreements in force between States or between States and international organizations of a universal character, and (b) shall not preclude the conclusion of other international agreements regarding the representation of States in their relations with international organ- 90 izations of a universal character or their representation at conferences convened by or under the auspices of such organizations. PART II MISSIONS TO INTERNATIONAL ORGANIZATIONS Article 5 Establishment of missions 1. Member States may, if the rules of the Organization so permit, establish permanent missions for the performance of the functions mentioned in article 6. 2. Non-member States may, if the rules of the Organization so permit, establish permanent observer missions for the performance of the functions mentioned in article 7. 3. The Organization shall notify the host State of the institution of a mission prior to its establishment. Article 6 Functions of the permanent mission The functions of the permanent mission consist inter alia in: (a) ensuring the representation of the sending State to the Organization; (b) maintaining liaison between the sending State and the Organization; (c) negotiating with and within the Organization; (d) ascertaining activities in the Organization and reporting thereon to the Government of the sending State; (e) ensuring the participation of the sending State in the activities of the Organ- ization; (/) protecting the interests of the sending State in relation to the Organization; (g) promoting the realization of the purposes and principles of the Organiza- tion by co-operating with and within the Organization. Article 7 Functions of the permanent observer mission The functions of the permanent observer mission consist inter alia in: (a) ensuring the representation of the sending State and safeguarding its interests in relation to the Organization and maintaining liaison with it; (b) ascertaining activities in the Organization and reporting thereon to the Government of the sending State; (c) promoting co-operation with the Organization and negotiating with it. Article 8 Multiple accreditation or appointment I. The sending State may accredit the same person as head of mission to two or more international organizations or appoint a head of mission as a member of the diplomatic staff of another of its missions. 91 2. The sending State may accredit a member of the diplomatic staff of the mission as head of mission to other international organizations or appoint a member of the staff of the mission as a member of the staff of another of its missions. 3. Two or more States may accredit the same person as head of mission to the same international organization. Article 9 Appointment of the members of the mission Subject to the provisions of articles 14 and 73, the sending State may freely appoint the members of the mission.

Article 10 Credentials of the head of mission The credentials of the head of mission shall be issued by the Head of State, by the Head of Government, by the Minister for Foreign Affairs or, if the rules of the Organization so permit, by another competent authority of the sending State and shall be transmitted to the Organization.

Article 11 Accreditation to organs of the Organization 1. A member State may specify in the credentials issued to its permanent representative that he is authorized to act as a delegate to one or more organs of the Organization. 2. Unless a member State provides otherwise its permanent representative may act as a delegate to organs of the Organization for which there are no special requirements as regards representation. 3. A non-member State may specify in the credentials issued to its permanent observer that he is authorized to act as an observer delegate to one or more organs of the Organization when this is permitted by the rules of the Organization or the organ concerned.

Article 12 Full powers for the conclusion of a treaty with the Organization 1. The head of mission, by virtue of his functions and without having to produce full poyers, is considered as representing his State for the purpose of adopting the text of a treaty between that State and the Organization. 2. The head of mission is not considered by virtue of his functions as representing his State for the purpose of signing a treaty, or signing a treaty ad referendum, between that State and the Organization unless it appears from the practice of the Organization, or from other circunmstances, that the intention of the parties was to dispense with full powers.

Article 13 Composition of the mission In addition to the head of mission, the mission may include diplomatic staff, administrative and technical staff and service staff. 92 Article 14 Size of the mission The size of the mission shall not exceed what is reasonable and normal, having regard to the functions of the Organization, the needs of the particular mission and the circumstances and conditions in the host State. Article 15 Notifications 1. The sending State shall notify the Organization of: (a) the appointment, position, title and order of precedence of the members of the mission, their arrival, their final departure or the termination of their functions with the mission, and any other changes affecting their status that may occur in the course of their service with the mission; (b) the arrival and final departure of any person belonging to the family of a member of the mission and forming part of his household and, where appropriate, the fact that a person becomes or ceases to be such a member of the family; (c) the arrival and final departure of persons employed on the private staff of members of the mission and the termination of their employment as such; (d) the beginning and the termination of the employment of persons resident in the host State as members of the staff of the mission or as persons employed on the private staff; (e) the location of the premises of the mission and of the private residences enjoying inviolability under articles 23 and 29, as well as any other information that may be necessary to identify such premises and residences. 2. Where possible, prior notification of arrival and final departure shall also be given. 3. The Organization shall transmit to the host State the notifications referred to in paragraphs 1 and 2 of this article. 4. The sending State may also transmit to the host State the notifications referred to in paragraphs 1 and 2 of this article. Article 16 Acting head of mission If the post of head of mission is vacant, or if the head if 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. Article 17 Precedence 1. Precedence among permanent representatives shall be determined by the alphabetical order of the names of the States used in the Organization. 2. Precedence among permanent observers shall be determined by the alphabetical order of the names of the States used in the Organization. 93 Article 18 Location of the mission Missions should be established in the locality where the Organization has its seat. However, if the rules of the Organization so permit and with the prior consent of the host State, the sending State may establish a mission or an office of a mission in a locality other than that in which the Organization has its seat. Article 19 Use of flag and emblem 1. The Mission shall have the right to use the flag and emblem of the sending State on its premises. The head of mission shall have the same right as regards his residence and means of transport. 2. In the exercise of the right accorded by this article regard shall be had to the laws, regulations and usages of the host State. Article 20 General facilities 1. The host State shall accord to the mission all necessary facilities for the performance of its functions. 2. The Organization shall assist the mission in obtaining those facilities and shall accord to the mission such facilities as lie within its own competence. Article 21 Premises and accomodation 1. The host State and the Organization shall assist the sending State in obtaining on reasonable terms premises necessary for the mission in the territory of the host State. Where necessary, the host State shall facilitate in accordance with its laws the acquisition of such premises. 2. Where necessary, the host State and the Organization shall also assist the mission in obtaining on reasonable terms suitable accommodation for its members. Article 22 Assistance by the Organization in respect of privileges and immunities 1. The Organization shall, where necessary, assist the sending State, its mission and the members of its mission in securing the enjoyment of the privileges and immunities provided for under the present Convention. 2. The Organization shall, where necessary, assist the host State in securing the discharge of the obligations of the sending State, its mission and the members of its mission in respect of the privileges and immunities provided for under the present Convention. Article 23 Inviolability of premises 1. The premises of the mission shall be inviolable. The agents of the host State may not enter them, except with the consent of the head of mission. 2. (a) The host State is under a special duty to take all appropriate steps to protect the premises of the mission against any instrusion or damage 94 and to prevent any disturbance of the peace of the mission or impairment of its dignity. (6) In case of an attack on the premises of the mission, the host State shall take all appropriate steps to prosecute and punish persons who have committed the attack. 3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution. Article 24 Exemption of the premises from taxation 1. The premises of the mission of which the sending State or any person acting on its behalf is the owner or the lessee shall be exempt from all national, regional or municipal dues and taxes other than such as represent payment for specific services rendered. 2. The exemption from taxation referred to in this article shall not apply to such dues and taxes payable under the law of the host State by persons contracting with the sending State or with any person acting on its behalf. Article 25 Inviolability of archives and documents The archives and documents of the mission shall be inviolable at all times and wherever they may be. Article 26 Freedom of movement Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the host State shall ensure freedom of movement and travel in its territory to its members of the mission and members of their families forming part of their households. Article 27 Freedom of communication 1. The host State shall permit and protect free communication on the part of the mission for all official purposes. In communicating with the Government of the sending State, its permanent diplomatic missions, consular posts, permanent missions, permanent observer missions, special missions, delegations arid observer delegations, wherever situated, the mission may employ all appropriate means, including couriers and messages in code or cipher. However, the mission may install and use a wireless transmitter only with the consent of the host State. 2. The official correspondence of the mission shall be inviolable. Official correspondence means all correspondence relating to the mission and its functions. 3. The bags of the mission shall not be opened or detained. 4. The packages constituting the bag of the mission must bear visible external marks of their character and may contain only documents or articles intended for the official use of the mission. 5. The courier of the mission, who shall be provided with an official document indicating his status and the number of packages constituting the bag, shall be pro- 95 tected by the host State in the performance of his functions. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention. 6. The sending State or the mission may designate couriers ad hoc of the mission. In such cases the provisions of paragraph 5 of this article shall also apply, except that the immunities therein mentioned shall cease to apply when the courier ad hoc has delivered to the consignee the mission's bag in his charge. 7. The bag of the mission may be entrusted to the captain of a ship or of a commercial aircraft scheduled to land at an authorized port of entry. He shall be provided with an official document indicating the number of packages constituting the bag, but he shall not be considered to be a courier of the mission. By arrangement with the appropriate authorities of the host State, the mission may send one of its members to take possession of the bag directly and freely from the captain of the ship or of the aircraft. Article 28 Personal inviolability The persons of the head of mission and of the members of the diplomatic staff of the mission shall be inviolable. They shall not be liable to any form of arrest or detention. The host State shall treat them with due respect and shall take all appropriate steps to prevent any attack on their persons, freedom or dignity and to prosecute and punish persons who have committed such attacks. Article 29 Inviolability of residence and property 1. The private residence of the head of mission and of the members of the diplomatic staff of the mission shall enjoy the same inviolability and protection as the premises of the mission. 2. The papers, correspondence and, except as provided in paragraph 2 of article 30, the property of the head of mission or of members of the diplomatic staff of the mission shall also enjoy inviolability. Article 30 Immunity from jurisdiction 1. The head of mission and the members of the diplomatic staff of the mission shall enjoy immunity from criminal jurisdiction of the host State. They shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of: (a) a real action relating to private immovable property situated in the territory of the host State, unless the person in question holds it on behalf of the sending State for the purposes of the mission; (b) an action relating to succession in which the person in question is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State; (c) an action relating to any professional or commercial activity exercised by the person in question in the host State outside his official functions. 2. No measures of execution may be taken in respect of the head of mission or a member of the diplomatic staff of the mission except in cases coming under subparagraphs (a), (b) and (c) of paragraph 1 of this article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence. 96 3. The head of mission and the members of the diplomatic staff of the mission are not obliged to give evidence as witnesses. 4. The immunity of the head of mission or of a member of the diplomatic staff of the mission from the jurisdiction of the host State does not exempt him from the jurisdiction of the sending State.

Article 31 Waiver of immunity 1. The immunity from jurisdiction of the head of mission and members of the diplomatic staff of the mission and of persons enjoying immunity under article 36 may be waived by the sending State. 2. Waiver must always be express. 3. The initiation of proceedings by any of the persons referred to in paragraph 1 of this article shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim. 4. Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgement, for which a separate waiver shall be necessary. 5. If the sending State does not waive the immunity of any of the persons mentioned in paragraph 1 of this article in respect of a civil action, it shall use its best endeavours to bring about a just settlement of the case.

Article 32 Exemption from social security legislation 1. Subject to the provisions of paragraph 3 of this article, the head of mission and the members of the diplomatic staff of the mission shall with respect to services rendered for the sending State be exempt from social security provisions which may be in force in the host State. 2. The exemption provided for in paragraph 1 of this article shall also apply to persons who are in the sole private employ of the head of mission or of a member of the diplomatic staff of the mission, on condition: (a) that such employed persons are not nationals of or permanently resident in the host State; and (è) that they are covered by the social security provisions which may be in force in the sending State or a third State. 3. The head of mission and the members of the diplomatic staff of the mission who employ persons to whom the exemption provided for in paragraph 2 of this article does not apply shall observe the obligations which the social security provisions of the host State impose upon employers. 4. The exemption provided for in paragraphs 1 and 2 of this article shall not preclude voluntary participation in the social security system of the host State provided that such participation is permitted by that State. 5. The provisions of this article shall not affect bilateral or multilateral agreements concerning security concluded previously and shall not prevent the conclusion of such agreements in the future. 97 Article 33 Exemption from dues and taxes The head of mission and the members of the diplomatie staff of the mission shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except: (a) indirect taxes of a kind which are normally incorporated in the price of goods or services; (6) dues and taxes on private immovable property situated in the territory of the host State, unless the person concerned holds it on behalf of the sending State for the purposes of the mission; (c) estate, succession or inheritance duties levied by the host State, subject to the provisions of paragraph 4 of article 38; (d) dues and taxes on private income having its source in the host State and capital taxes on investments made in commercial undertakings in the host State; (e) charges levied for specific services rendered; (/) registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of article 24. Article 34 Exemption from personal services The host State shall exempt the head of mission and the members of the diplomatic staff of the mission from all personal services, from all public service of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting. Article 35 Exemption from customs duties and inspection 1. The host State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes and related charges other than charges for storage, cartage and similar services, on: (a) articles for the official use of the mission; (b) articles for the personal use of the head of mission or a member of the diplomatic staff of the mission, including articles intended for his establishment. 2. The personal baggage of the head of mission or a member of the diplomatic staff of the mission shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles not covered by the exemptions mentioned in paragraph 1 of this article, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the host State. In such cases, inspection shall be conducted only in the presence of the person enjoying the exemption or of his authorized representative. Article 36 Privileges and immunities of other persons 1. The members of the family of the head of mission forming part of his household and the members of the family of a member of the diplomatic staff of the 98 mission forming part of his household shall, if they are not nationals of or permanently resident in the host State, enjoy the privileges and immunities specified in articles 28, 29, 30, 32, 33, 34 and in paragraphs 1(6) and 2 of article 35. 2. Members of the administrative and technical staff of the; mission, together with members of their families forming part of their respective households who are not nationals of or permanently resident in the host State, shall enjoy the privileges and immunities specified in articles 28, 29, 30, 32, 33 and 34, except that the immunity from civil and administrative jurisdiction of the host State specified in paragraph 1 of article 30 shall not extend to acts performed outside the course of their duties. They shall also enjoy the privileges specified in paragraph 1(6) of article 35 in respect of articles imported at the time of first installation. 3. Members of the service staff of the mission who are not nationals of or permanently resident in the host State shall enjoy immunity in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive by reason of their employment and the exemption specified in article 32. 4. Private staff of members of the mission shall, if they are not nationals of or permanently resident in the host State, be exempt from dues arid taxes on the emoluments they receive by reason of their employment. In other respects, they may enjoy privileges and immunities only to the extent admitted by the host State. However, the host State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission. Article 37 Nationals and permanent residents of the host State 1. Except in so far as additional privileges and immunities may be granted by by the host State, the head of mission or any member of the diplomatic staff of the mission who is a national of or permanently resident in that State shall enjoy only immunity from jurisdiction and inviolability in respect of official acts performed in the exercise of his functions. 2. Other members of the staff of the mission who are nationals of or permanently resident in the host State shall enjoy only immunity from jurisdiction in respect of official acts performed in the exercise of their functions. In all other respects, those members, and persons on the private staff who are nationals of or permanently resident in the host State, shall enjoy privileges and immunities only to the extent admitted by the host State. However, the host State must exercise its jurisdiction over those members and persons in such a manner as not to interfere unduly with the performance of the functions of the mission. Article 38 Duration of privileges and immunities 1. Every person entitled to privileges and immunities shall enjoy them from the moment he enters the territory of the host State on proceeding to take up his post or, if already in its territory, from the moment when his appointment is notified to the host State by the Organization or by the sending State. 2. When the functions of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease at the moment when he leaves the territory, or on the expiry of a reasonable period in which to do so. How- ever, with respect to acts performed by such a person in the exercise of his functions as a member of the mission, immunity shall continue to subsist. 99 3. In the event of the death of a member of the mission, the members of his family shall continue to enjoy the privileges and immunities to which they are entitled until the expiry of a reasonable period in which to leave the territory. 4. In the event of the death of a member of the mission not a national of or permanently resident in the host State or of a member of his family forming part of his household, the host State shall permit the withdrawal of the movable property of the deceased, with the exception of any property acquired in the territory the export of which was prohibited at the time of his death. Estate, succession and inheritance duties shall not be levied on movable property which is in the host State solely because of the presence there of the deceased as a member of the mission or of the family of a member of the mission. Article 39 Professional or commercial activity 1. The head of mission and members of the diplomatic staff of the mission shall not practise for personal profit any professional or commercial activity in the host State. 2. Except in so far as such privileges and immunities may be granted by the host State, members of the administrative and technical staff and persons forming part of the household of a member of the mission shall not, when they practise a professional or commercial activity for personal profit, enjoy any privilege or immunity in respect of acts performed in the course of or in connexion with the practice of such activity. Article 40 End of functions The functions of the head of mission or of a member of the diplomatic staff of the mission shall come to an end, inter alia: (a) on notification of their termination by the sending State to the Organization; (è) if the mission is finally or temporarily recalled. Article 41 Protection of premises, property and archives 1. When the mission is temporarily or finally recalled, the host State must respect and protect the premises, property and archives of the mission. The sending State must take all appropriate measures to terminate this special duty of the host State as soon as possible. It may entrust custody of the premises, property and archives of the mission to the Organization if it so agrees, or to a third State acceptable to the host State. 2. The host State, if requested by the sending State, shall grant the latter facilities for removing the property and archives of the mission from the territory of the host State. PART III DELEGATIONS TO ORGANS AND TO CONFERENCES Article 42 Sending of delegations 1. A State may send a delegation to an organ or to a conference in accordance with the rules of the Organization. 100 2. Two or more States may send the same delegation to an organ or to a conference in accordance with the rules of the Organization. Article 43 Appointment of the members of the delegation Subject to the provisions of articles 46 and 73, the sending State may freely appoint the members of the delegation. Article 44 Credentials of delegates The credentials of the head of delegation and of other delegates shall be issued by the Head of State, by the Head of Government, by the Minister for Foreign Affairs or, if the rules of the Organization or the rules of procedure of the conference so permit, by another competent authority of the sending State. They shall be transmitted, as the case may be, to the Organization or to the conference.

Article 45 Composition of the delegation In addition to the head of delegation, the delegation may include other delegates, diplomatic staff, administrative and technical staff and service staff.

Article 46 Size of the delegation The size of the delegation shall not exceed what is reasonable and normal, having regard, as the case may be, to the functions of the organ or the object of the conference, as well as the needs of the particular delegation and the circumstances and conditions in the host State.

Article 47 Notifications 1. The sending State shall notify the Organization or, as the case may be, the conference of: (a) the composition of the delegation, including the position, title and order of precedence of the members of the delegation, and any subsequent changes therein; (b) the arrival and final departure of members of the delegation and the termination of their functions with the delegation; (c) the arrival and final departure of any person accompanying a member of the delegation; (d) the beginning and the termination of the employment of persons resident in the host State as members of the staff of the delegation or as persons employed on the private staff; (e) the location of the premises of the delegation and of the private accommodation enjoying inviolability under article 59, as well as any other information that may be necessary to identify such premises and accommodation. 101 2. Where possible, prior notification of arrival and final departure shall also be given. 3. The Organization or, as the case may be, the conference shall transmit to the host State the notifications referred to in paragraphs 1 and 2 of this article. 4. The sending State may also transmit to the host State the notifications referred to in paragraphs 1 and 2 of this article. Article 48 Acting head of delegation 1. If the head of delegation is absent or unable to perform his function, an acting head of delegation shall be designated from among the other delegates by the head of delegation or, in case he is unable to do so, by a competent authority of the sending State. The name of the acting head of delegation shall be notified, as the case may be, to the Organization or to the conference. 2. If a delegation does not have another delegate available to serve as acting head of delegation, another person may be designated for that purpose. In such case credentials must be issued and transmitted in accordance with article 44. Article 49 Precedence Precedence among delegations shall be determined by the alphabetical order of the names of the States used in the Organization. Article 50 Status of the Head of State and persons of high rank 1. The Head of State or any member of a collégial body performing the functions of Head of State under the constitution of the State concerned, when he leads the delegation, shall enjoy in the host State or in a third State, in addition to what is granted by the present Convention, the facilities, privileges and immunities accorded by international law to Heads of State. 2. The Head of Government, the Minister for Foreign Affairs or other person of high rank, when he leads or is a member of the delegation, shall enjoy in the host State or hi a third State, in addition to what is granted by the present Convention, the facilities, privileges and immunities accorded by international law to such persons. Article 51 General facilities 1. The host State shall accord to the delegation all necessary facilities for the performance of its tasks. 2. The Organization or, as the case may be, the conference shall assist the delegation in obtaining those facilities and shall accord to the delegation such facilities as lie within its own competence. Article 52 Premises and accommodation If so requested, the host State and, where necessary, the Organization or the conference shall assist the sending State in obtaining on reasonable terms premises necessary for the delegation and suitable accommodation for its members. 102 Article 53 Assistance in respect of privileges and immunities 1. The Organization or, as the case may be, the Organization and the conference shall, where necessary, assist the sending State, its delegation and the members of its delegation in securing the enjoyment of the privileges and immunities provided for under the present Convention. 2. The Organization or, as the case may be, the Organization and the conference shall, where necessary, assist the host State in securing the discharge of the obligations of the sending State, its delegation and the members of its delegation in respect of the privileges and immunities provided for under the present Convention.

Article 54 Exemption of the premises from taxation 1. The sending State or any member of the delegation acting on behalf of the delegation shall be exempt from all national, regional or municipal dues and taxes in respect of the premises of the delegation other than such as represent payment for specific services rendered. 2. The exemption from taxation referred to in this article shall not apply to such dues and taxes payable under the law of the host State by persons contracting with the sending State or with a member of the delegation. Article 55 Inviolability of archives and documents The archives and documents of the delegation shall be inviolable at all times and wherever they may be. Article 56 Freedom of movement Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the host State shall ensure to all members of the delegation such freedom of movement and travel in its territory as is necessary for the performance of the tasks of the delegation. Article 57 Freedom of communication 1. The host State shall permit and protect free communication on the part of the delegation for all official purposes. In communicating with the Government of the sending State, its permanent diplomatic missions, consular posls, permanent missions, permanent observer missions, special missions, other delegations, and observer delegations, wherever situated, the delegation may employ all appropriate means, including couriers and messages in code or cipher. However, the delegation may install and use a wireless transmitter only with the consent of the host State. 2. The official correspondence of the delegation shall be inviolable. Official correspondence means all correspondence relating to the delegation and its tasks. 3. Where practicable, the delegation shall use the means of communication, including the bag and the courier, of the permanent diplomatic mission, of a consular 103 post, of the permanent mission or of the permanent observer mission of the sending State. 4. The bag of the delegation shall not be opened or detained. 5. The packages constituting the bag of the delegation must bear visible external marks of their character and may contain only documents or articles intended for the official use of the delegation. 6. The courier of the delegation, who shall be provided with an official document indicating his status and the number of packages constituting the bag, shall be protected by the host State in the performance of his functions. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention. 7. The sending State or the delegation may designate couriers ad hoc of the delegation. In such cases the provisions of paragraph 6 of this article shall also apply, except that the immunities therein mentioned shall cease to apply when the courier ad hoc has delivered to the consignee the delegation's bag in his charge. 8. The bag of the delegation may be entrusted to the captain of a ship or of a commercial aircraft scheduled to land at an authorized port of entry. He shall be provided with an official document indicating the number of packages constituting the bag, but he shall not be considered to be a courier of the delegation. By arrangement with the appropriate authorities of the host State, the delegation may send one of its members to take possession of the bag directly and freely from the captain of the ship or of the aircraft. Article 58 Personal inviolability The persons of the head of delegation and of other delegates and members of the diplomatic staff of the delegation shall be inviolable. They shall not be liable inter alia to any form of arrest or detention. The host State shall treat them with due respect and shall take all appropriate steps to prevent any attack on their persons, freedom or dignity and to prosecute and punish persons who have committed such attacks. Article 59 Inviolability of private accommodation and property 1. The private accommodation of the head of delegation and of other delegates and members of the diplomatic staff of the delegation shall enjoy inviolability and protection. 2. The papers, correspondence and, except as provided in paragraph 2 of article 60, the property of the head of delegation and of other delegates or members of the diplomatic staff of the delegation shall also enjoy inviolability. Article 60 Immunity from jurisdiction 1. The head of delegation and other delegates and members of the diplomatic staff of the delegation shall enjoy immunity from the criminal jurisdiction of the host State, and immunity from its civil and administrative jurisdiction in respect of all acts performed in the exercise of their official functions. 2. No measures of execution may be taken in respect of such persons unless they can be taken without infringing their rights under articles 58 and 59. 104 3. Such persons are not obliged to give evidence as witnesses. 4. Nothing in this article shall exempt such persons from the civil and administrative jurisdiction of the host State in relation to an action for damages arising from an accident caused by a vehicle, vessel or aircraft, used or owned by the persons in question, where those damages are not recoverable from insurance. 5. Any immunity of such persons from the jurisdiction of the host State does not exempt them from the jurisdiction of the sending State. Article 61 Waiver of immunity 1. The immunity from jurisdiction of the head of delegation and of other delegates and members of the diplomatic staff of the delegation and of persons enjoying immunity under article 66 may be waived by the sending State. 2. Waiver must always be express. 3. The initiation of proceedings by any of the persons referred to in paragraph 1 of this article shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim. 4. Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgement, for which a separate waiver shall be necessary. 5. If the sending State does not waive the immunity of any of the persons mentioned in paragraph 1 of this article in respect of a civil action, it shall use its best endeavours to bring about a just settlement of the case. Article 62 Exemption from social security legislation 1. Subject to the provisions of paragraph 3 of this article, the head of delegation and other delegates and members of the diplomatic staff of the delegation shall with respect to services rendered for the sending State be exempt from social security provisions which may be in force in the host State. 2. The exemption provided for in paragraph 1 of this article shall also apply to persons who are in the sole private employ of the head of delegation or of any other delegate or member of the diplomatic staff of the delegation, on condition: (a) that such employed persons are not nationals of or permanently resident in the host State; and (Z>) that they are covered by the social security provisions which may be in force in the sending State or a third State. 3. The head of delegation and other delegates and members of the diplomatic staff of the delegation who employ persons to whom the exemption provided for in paragraph 2 of this article does not apply shall observe the obligations which the social security provisions of the host State impose upon employers. 4. The exemption provided for in paragraphs 1 and 2 of this article shall not preclude voluntary participation in the social security system of the host State provided that such participation is permitted by that State. 5. The provisions of this article shall not affect bilateral or multilateral agreements concerning social security concluded previously and shall not prevent the conclusion of such agreements in the future. 105 Article 63 Exemption from dues and taxes The head of delegation and other delegates and members of the diplomatic staff of the delegation shall be exempt, to the extent practicable, from all dues and taxes, personal or real, national, regional or municipal, except: (a) indirect taxes of a kind are normally incorporated in the price of goods or services; (b) dues and taxes on private immovable property situated in the territory of the host State, unless the person concerned holds it on behalf of the sending State for the purposes of the delegation; (c) estate, succession or inheritance duties levied by the host State, subject to the provisions of paragraph 4 of article 68; (d) dues and taxes on private income having its source in the host State and capital taxes on investments made in commercial undertakings in the host State; (e) charges levied for specific services rendered; (/) registration, court or record fees, mortage dues and stamp duty, with respect to immovable property, subject to the provisions of article 54.

Article 64 Exemption from personal services The host State shall exempt the head of delegation and other delegates and members of the diplomatic staff of the delegation from all personal services, from all public service of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting.

Article 65 Exemption from customs duties and inspection 1. The host State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes and related charges other than charges for storage, cartage and similar services, on: (a) articles for the official use of the delegation; (b) articles for the personal use of the head of delegation or any other delegate or member of the diplomatic staff of the delegation, imported in his personal baggage at the time of his first entry into the territory of the host State to attend the meeting of the organ or conference. 2. The personal baggage of the head of delegation or any other delegate or member of the diplomatic staff of the delegation shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles not covered by the exemptions mentioned in paragraph 1 of this article, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the host State. In such cases, inspection shall be conducted only in the presence of the person enjoying the exemption or of his authorized representative. 106 Article 66 Privileges and immunities of other persons 1. The members of the family of the head of delegation who accompany him and the members of the family of any other delegate or member of the diplomatic staff of the delegation who accompany him shall, if they are not nationals of or permanently resident in the host State, enjoy the privileges and immunities specified in articles 58, 60 and 64 and in paragraphs 1(6) and 2 of article 65 and exemption from aliens' registration obligations. 2. Members of the administrative and technical staff of the delegation shall, if they are not nationals of or permanently resident in the host State, enjoy the privileges and immunities specified in articles 58, 59, 60, 62, 63 and 64. They shall also enjoy the privileges specified in paragraph 1(6) of article 65 in respect of articles imported in their personal baggage at the time of their first entry into the; territory of the host State for the purpose of attending the meeting of the organ or conference. Members of the family of a member of the administrative and technical staff who accompany him shall, if they are not nationals of or permanently resident in the host State, enjoy the privileges and immunities specified in articles 58, 60 and 64 and in paragraph 1(6) of article 65 to the extent accorded to such a member of the staff. 3. Members of the service staff of the delegation who are not nationals of or permanently resident in the host State shall enjoy the same immunity in respect of acts performed in the course of their duties as is accorded to members of the administrative and technical staff of the delegation, exemption from dues and taxes on the emoluments they receive by reason of their employment and the exemption specified in article 62. 4. Private staff of members of the delegation shall, if they are not nationals of or permanently resident in the host State, be exempt from dues and taxes on the emoluments they receive by reason of their employment. In other respects, they may enjoy privileges and immunities only to the extent admitted by the host State. However, the host State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the tasks of the delegation. Article 67 Nationals and permanent residents of the host State 1. Except in so far as additional privileges and immunities may be granted by the host State the head of delegation or any other delegate or member of the diplomatic staff of the delegation who is a national of or permanently resident in that State shall enjoy only immunity from jurisdiction and inviolability in respect of official acts performed in the exercise of his functions. 2. Other members of the staff of the delegation and persons on the private staff who are nationals of or permanently resident in the host State shall enjoy privileges and immunities only to the extent admitted by the host State. However, the host State must exercise its jurisdiction over those members and persons in such a manner as not to interfere unduly with the performance of the tasks of the delegation. Article 68 Duration of privileges and immunities 1. Every person entitled to privileges and immunities shall enjoy them from the moment he enters the territory of the host State for the purpose of attending the 107 meeting of an organ or conference or, if already in its territory, from the moment when his appointment is notified to the host State by the Organization, by the conference or by the sending State. 2. When the functions of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease at the moment when he leaves the territory, or on the expiry of a reasonable period in which to do so. However, with respect to acts performed by such a person in the exercise of his functions as a member of the delegation, immunity shall continue to subsist. 3. In the event of the death of a member of the delegation, the members of his family shall continue to enjoy the privileges and immunities to which they are entitled until the expiry of a reasonable period in which to leave the territory. 4. In the event of the death of a member of the delegation not a national of or permanently resident in the host State or of a member of his family accompanying him, the host State shall permit the withdrawal of the movable property of the deceased, with the exception of any property acquired in the territory the export of which was prohibited at the time of his death. Estate, succession and inheritance duties shall not be levied on movable property which is in the host State solely because of the presence there of the deceased as a member of the delegation or of the family of a member of the delegation. Article 69 End of functions The functions of the head of delegation or of any other delegate or member of the diplomatic staff of the delegation shall come to an end, inter alia: (a) on notification of their termination by the sending State to the Organization or the conference; (b) upon the conclusion of the meeting of the organ or the conference. Article 70 Protection of premises, property and archives 1. When the meeting of an organ or a conference comes to an end, the host State must respect and protect the premises of the delegation so long as they are used by it, as well as the property and archives of the delegation. The sending State must take all appropriate measures to terminate this special duty of the host State as soon as possible. 2. The host State, if requested by the sending State, shall grant the latter facilities for removing the property and the archives of the delegation from the territory of the host State.

PART IV

OBSERVER DELEGATIONS TO ORGANS AND TO CONFERENCES Article 71 Sending of observer delegations A State may send an observer delegation to an organ or to a conference in accordance with the rules of the Organization. 108 Article 72 General provision concerning observer delegations All the provisions of articles 43 to 70 of the present Convention shall apply to observer delegations. PART V GENERAL PROVISIONS Article 73 Nationality of the members of the mission, the delegation or the observer delegation 1. The head of mission and members of the diplomatic staff of the mission, the head of delegation, other delegates and members of the diplomatic staff of the delegation, the head of the observer delegation, other observer delegates and members of the diplomatic staff of the observer delegation should in principle be of the nationality of the sending State. 2. The head of mission and members of the diplomatic staff of the mission may not be appointed from among persons having the nationality of the host State except with the consent of that State, which may be withdrawn at any time. 3. Where the head of delegation, any other delegate or any member of the diplomatic staff of the delegation or the head of the observer delegation, any other observer delegate or any member of the diplomatic staff of the observer delegation is appointed from among persons having the nationality of the host State, the consent of that State shall be assumed if it has been notified of such appointment of a national of the host State and has made no objection. Article 74 Laws concerning acquisition of nationality Members of the mission, the delegation or the observer delegation not being nationals of the host State, and members of their families forming part of their household or, as the case may be, accompanying them, shall not, solely by the operation of the law of the host State, acquire the nationality of that State. Article 75 Privileges and immunities in case of multiple functions When members of the permanent diplomatic mission or of a consular post in the host State are included in a mission, a delegation or an observer delegation, they shall retain their privileges and immunities as members of their permanent diplomatic mission or consular post in addition to the privileges and immunities accorded by the present Convention. Article 76 Co-operation between sending States and host States Whenever necessary and to the extent compatible with the independent exercise of the functions of the mission, the delegation or the observer delegation, the sending State shall co-operate as fully as possible with the host State in the conduct of any investigation or prosecution carried out pursuant to the provisions of articles 23, 28, 29 and 58. 109 Article 77 Respect for the laws and regulations of the host State 1. Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the host State. They also have a duty not to interfere in the internal affairs of that State. 2. In case of grave and manifest violation of the criminal law of the host State by a person enjoying immunity from jurisdiction, the sending State shall, unless it waives the immunity of the person concerned, recall him, terminate his functions with the mission, the delegation or the observer delegation or secure his departure, as appropriate. The sending State shall take the same action in case of grave and manifest interference in the internal affairs of the host State. The provisions of this paragraph shall not apply in the case of any act that the person concerned performed in carrying out the functions of the mission or the tasks of the delegation or of the observer delegation. 3. The premises of the mission and the premises of the delegation shall not be used in any manner incompatible with the exercise of the functions of the mission or the performance of the tasks of the delegation. 4. Nothing in this article shall be construed as prohibiting the host State from taking such measures as are necessary for its own protection. In that event the host State shall, without prejudice to articles 84 and 85, consult the sending State in an appropriate manner in order to ensure that such measures do not interfere with the normal functioning of the mission, the delegation or the observer delegation. 5. The measures provided for in paragraph 4 of this article shall be taken with the approval of the Minister for Foreign Affairs or of any other competent minister hi conformity with the constitutional rules of the host State.

Article 78 Insurance against third party risks The members of the mission, of the delegation or of the observer delegation shall comply with all obligations under the laws and regulations of the host State relating to third-party liability insurance for any vehicle, vessel or aircraft used or owned by them.

Article 79 Entry into the territory of the host State 1. The host State shall permit entry into its territory of: (a) members of the mission and members of their families forming part of their respective households, and (6) members of the delegation and members of their families accompanying them, and (c) members of the observer delegation and members of their families accompanying them. 2. Visas, when required, shall be granted as promptly as possible to any person referred to in paragraph 1 of this article. 110 Article 80 Facilities for departure The host State shall, if requested, grant facilities to enable persons enjoying privileges and immunities, other than nationals of the host State, and members of the families of such persons irrespective of their nationality, to leave its territory.

Article 81 Transit through the territory of a third State 1. If a head of mission or a member of the diplomatic staff of the mission, a head of delegation, other delegate or member of the diplomatic staff of the delegation, a head of an observer delegation, other observer delegate or member of the diplomatic staff of the observer delegation passes through or is in the territory of a third State which has granted him a passport visa if such visa was necessary, while proceeding to take up or to resume his functions, or when returning to his own country, the third State shall accord him inviolability and such other immunities as may be required to ensure his transit. 2. The provisions of paragraph 1 of this article shall also apply in the case of: (à) members of the family of the head of mission or of a member of the diplomatic staff of the mission forming part of his household and enjoying privileges and immunities, whether travelling with him or travelling separately to join him or to return to their country; (b) members of the family of the head of delegation, of any other delegate or member of the diplomatic staff of the delegation who are accompanying him and enjoy privileges and immunities, whether travelling with him or travelling separately to join him or to return to their country; (c) members of the family of the head of the observer delegation, of any other observer delegate or member of the diplomatic staff of the observer delegation, who are accompanying him and enjoy privileges and immunities, whether travelling with him or travelling separately to join him or to return to their country. 3. In circumstances similar to those specified in paragraphs 1 and 2 of this article, third States shall not hinder the passage of members of the administrative and technical or service staff, and of members of their families, through their territories. 4. Third States shall accord to official correspondence and other official communications in transit, including messages in code or cipher, the same freedom and protection as the host State is bound to accord under the present Convention. They shall accord to the couriers of the mission, of the delegation or of the observer delegation, who have been granted a passport visa if such visa was necessary, and to the bags of the mission, of the delegation or of the observer delegation in transit the same inviolability and protection as the host State is bound to accord under the present Convention. 5. The obligations of third States under paragraph 1, 2, 3 and 4 of this article shall also apply to the persons mentioned respectively in those paragraphs, and to the official communications and bags of the mission, of the delegation or of the observer delegation when they are present in the territory of the third State owing to force majeure. Ill Article 82 Non-recognition of States or governments or absence of diplomatic or consular relations 1. The rights and obligations of the host State and of the sending State under the present Convention shall be affected neither by the non-recognition by one of those States of the other State or of its government nor by the non-existence or the severance of diplomatic or consular relations between them. 2. The establishment or maintenance of a mission, the sending or attendance of a delegation or of an observer delegation or any act in application of the present Convention shall not by itself imply recognition by the sending State of the host State or its government or by the host State of the sending State or its government. Article 83 Non-discrimination In the application of the provisions of the present Convention no discrimination shall be made as between States. Article 84 Consultations If a dispute between two or more States Parties arises out of the application or interpretation of the present Convention, consultations between them shall be held upon the resquest of any of them. At the request of any of the parties to the dispute, the Organization or the conference shall be invited to join in the consultations. Article 85 Conciliation 1. If the dispute is not disposed of as a result of the consultations referred to in article 84 within one month from the date of their inception, any State participating in the consultations may bring the dispute before a conciliation commission constituted in accordance with the provisions of this article by giving written notice to the Organ- ization and to the other States participating in the consultations. 2. Each conciliation commission shall be composed of three members: two members who shall be appointed respectively by each of the parties to the dispute, and a Chairman appointed in accordance with paragraph 3 of this article. Each State Party to the present Convention shall designate in advance a person to serve as a member of such a commission. It shall notify the designation to the Organization, which shall maintain a register of persons so designated. If it does not make the designation in advance, it may do so during the conciliation procedure up to the moment at which the Commission begins to draft the report which it is to prepare in accordance with paragraph 7 of this article. 3. The Chairman of the Commission shall be chosen by the other two members. If the other two members are unable to agree within one month from the notice referred to in paragraph 1 of this article or if one of the parties to the dispute has not availed itself of its right to designate a member of the Commission, the Chairman shall be designated at the request of one of the parties to the dispute by the chief administrative officer of the Organization. The appointment shall be made within a period of one month from such request. The chief administrative officer of the Organ- ization shall appont as the Chairman a qualified jurist who is neither an official of the Organization nor a national of any State party to the dispute. 112 4. Any vacancy shall be filled in the manner prescribed for the initial appointment. 5. The Commission shall function as soon as the Chairman has been appointed even if its composition is incomplete. 6. The Commission shall establish its own rules of procedure and shall reach its decisions and recommendations by a majority vote. It may recommend to the Organization, if the Organization is so authorized in accordance with the Charter of the United Nations, to request an advisory opinion from the International Court of Justice regarding the application or interpretation of the present Convention. 7. If the Commission is unable to obtain an agreement among the parties to the dispute on a settlement of the dispute within two months from the appointment of its Chairman, it shall prepare as soon as possible a report of its proceedings and transmit it to the parties to the dispute. The report shall include the Commission's conclusions upon the facts and questions of law and the recommendations which it has submitted to the parties to the dispute in order to facilitate a settlement of the dispute. The two months time limit may be extended by decision of the Commission. The recommendations in the report of the Commission shall not be binding on the parties to the dispute unless all the parties to the dispute have accepted them. Never- theless, any party to the dispute may declare unilaterally that it will abide by the recommendations in the report so far as it is concerned. 8. Nothing in the preceding paragraphs of this article shall preclude the establishment of any other appropriate procedure for the settlement of disputes arising out of the application or interpretation of the present Convention or the conclusion of any agreement between the parties to the dispute to submit the dispute to a procedure instituted in the Organization or to any other procedure. 9. This article is without prejudice to provisions concerning the settlement of disputes contained in international agreements in force between States or between States and international organizations.

PART VI FINAL CLAUSES Article 86 Signature The present Convention shall be open for signature by all States until 30 Sep- tember 1975 at the Federal Ministry for Foreign Affairs of the Republic of Austria and subsequently, until 30 March 1976, at United Nations Headquarters in New York. Article 87 Ratification The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations. Article 88 Accession The present Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations. 113 Article 89 Entry into force 1. The present Convention shall enter into force on the thirtieth day following the date of deposit of the thirty-fifth instrument of ratification or accession. 2. For each State ratifying or acceding to the Convention after the deposit of the thirty-fifth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification or accession. Article 90 Implementation by organizations After the entry into force of the present Convention, the competent organ of an international organization of a universal character may adopt a decision to implement the relevant provisions of the Convention. The Organization shall communicate the decision to the host State and to the depositary of the Convention. Article 91 Notifications by the depositary 1. As depositary of the present Convention, the Secretary-General of the United Nations shall inform all States: (a) of signatures to the Convention and of the deposit of instruments of ratification or accession, in accordance with articles 86, 87 and 88; (b) of the date on which the Convention will enter into force, in accordance with article 89; (c) of any decision communicated in accordance with article 90. 2. The Secretary-General of the United Nations shall also inform all States, as necessary, of other acts, notifications or communications relating to the present Convention. Article 92 Authentic texts The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary- General of the United Nations, who shall send certified copies thereof to all States. IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention. DONE AT VIENNA, this fourteenth day of March, one thousand nine hundred and seventy-five. (b) RESOLUTIONS ADOPTED BY THE CONFERENCE RESOLUTION RELATING TO THE OBSERVER STATUS OF NATIONAL LIBERATION MOVEMENTS RECOGNIZED BY THE ORGANIZATION OF AFRICAN UNITY AND/OR BY THE LEAGUE OF ARAB STATES The United Nations Conference on the Representation of Slates in Their Relations with International Organizations, Recalling that, by its resolution 3072 (XXVIII) of 30 November 1973, the Gen- eral Assembly referred to the Conference the draft articles on the representation of 114 States in their relations with international organizations adopted by the International Law Commission at its twenty-third session, Noting that the draft articles adopted by the Commission deal only with the representation of States in their relations with international organizations, Recalling further that, by its resolution 3247 (XXIX) of 29 November 1974, the General Assembly decided to invite the national liberation movements recognized by the Organization of African Unity and/or by the League of Arab States in their respective regions to participate in the Conference as observers, in accordance with the practice of the United Nations, Noting the current practice of inviting the above-mentioned national liberation movements to participate as observers in the sessions and work of the General Assembly of the United Nations, in conferences held under the auspices of the General Assembly or under the auspices of other United Nations organs, and in meetings of the specialized agencies and other organizations of the United Nations family, Convinced that the participation of the above-mentioned national liberation movements in the work of international organizations helps to strengthen international peace and co-operation, Desirous of ensuring the effective participation of the above-mentioned movements as observers in the work of international organizations and of regulating, to that end, their status and the facilities, privileges and immunities necessary for the performance of their tasks, 1. Requests the General Assembly of the United Nations at its thirtieth regular session to examine this question without delay; 2. Recommends, in the meantime, the States concerned to accord to delegations of national liberation movements which are recognized by the Organization of African Unity and/or by the League of Arab States in their respective regions and which have been granted observer status by the international organization concerned, the facilities, privileges and immunities necessary for the performance of their tasks and to be guided therein by the pertinent provisions of the Convention adopted by this Conference; 3. Decides to include the present resolution in the Final Act of the Conference.1 RESOLUTION RELATING TO THE APPLICATION OF THE CONVENTION IN FUTURE ACTIVITIES OF INTERNATIONAL ORGANIZATIONS The United Nations Conference on the Representation of States in Their Relations with International Organizations, Considering that the Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character will help to improve relations between States within the framework of international organizations and at conferences convened by, or under the auspices of, such organizations, Bearing in mind that the above-mentioned Convention will help to prevent disputes between sending States and host States, Recommends to the General Assembly of the United Nations that a suitable request should be made to the Secretary-General to inform Member States whether States that have asked to be hosts of future international organizations of a universal character or of conferences convened by, or under the auspices of, international organ-

1 At its thirtieth session, the General Assembly deferred consideration of this resolution to its thirty-first session. 115 izations of a universal character have duly ratified or have acceded to the Vienna Convention on the Representation of States in Their Relations with International Organ- izations of a Universal Character.2- 3

2 At its thirtieth session, the General Assembly deferred consideration of this resolution to its thirty-first session. 3 The Conference adopted three other resolutions which are not reproduced here: see the Final Act of the Conference (A/CONF.67/15) in Official Records of the United Nations Conference on the Representation of Slates in Their Relations with International Organiza- tions, Documents of the Conference (A/CONF.67/18/Add.l—Uniled Nations publication, Sales No. E.75.V.12), pp. 204-205.

116 Chapter V

DECISIONS OF ADMINISTRATIVE TRIBUNALS OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZATIONS

A. Decisions of the Administrative Tribunal of Ithe United Nations1

1. JUDGEMENT No. 195 (18 APRIL 1975):2 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 cancellation of a decision because the requirements of due process were not fulfilled—Right of the person concerned to have his qualifications for having his fixed-term appointment converted into a permanent appointment examined as if the cancelled decision had never been taken The applicant had been granted several fixed-term appointments. During the last but one of those appointments, an incident occurred which led to a letter of reprimand being addressed to him. At the end of that appointment, however, he was evaluated in a periodic report in which his performance was described as "satisfactory" and was granted a new one-year appointment which was to expire on 30 April 1973. Fol- lowing a series of incidents, it was decided to terminate his appointment on 5 January 1973 for unsatisfactory service, in accordance with staff regulation 9.1 (e). The case was referred to the Joint Appeals Board, which considered that in the examination of the charges which led to the termination decision the applicant had been denied due process; it also found the circumstances of the case did not warrant

1 Under 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 appintment of such staff members. Article 14 of the Statute states that the competence of the Tribunal may be extended to any specialized agency upon the terms established by a special agreement to be made with each such agency by the Secretary-General of the United Nations. By the end of 1975, two agreements of general scope, dealing with the non-observance of contracts of employment and of terms of appointment, had been concluded, pursuant to the above provision, with two specialized agencies: the International Civil Aviation Organization and the Inter-Governmental Maritime Consultative Organization. In addition, agreements limited to applications alleging non-observance of the Regulations of the United Nations Joint Staff Pension Fund had been concluded with the International Labour Organisation, the Food and Agriculture Organization of the United Nations, the United Nations Educational, Scientific and Cultural Organization, the World Health Organ- ization, the International Telecommunication Union, the International Civil Aviation Organi- zation, the World Meteorological Organization and the International Atomic Energy Agency. The Tribunal is open not only to any staff member, even after his employment has ceased, but also to any person who succeeded to the staff member's rights on his death or who can show that he is entitled to rights under any contract or terms of appointment. 2 Mr. R. Venkataraman, President; Mr. Z. Rossides, Member; Sir Roger Stevens, Member. 117 the taking of the contested action. It therefore recommended the cancellation of the termination decision and also recommended that the Secretary-General should give consideration to the possible conversion of the applicant's fixed-term appointment to nine-month probationary appointment leading to a permanent appointment or, alternatively, should pay the applicant an ex gratia indemnity equivalent to six months' base salary. The Secretary-General accepted the first of those recommendations but rejected the second. The Tribunal, to which the case was referred, noted that at the time of his termination the applicant had been eligible for consideration under the new policy described in document 262/5 dated 1 June 1972, entitled "Redefinition of Contractual Policy for Local Staff", whereby local staff members who have served not less than four one-year terms on fixed-term appointments may be recommended for a probationary appointment which may, where appropriate, lead to a permanent appointment. It was true that the document was marked "Confidential" and had not been officially brought to the knowledge of the applicant. However, since its purpose was to enunciate a new policy of providing a uniform and more equitable career prospect for local staff, and to bring about a fundamental change in the future conditions of employment of precisely that category of staff into which the applicant fell, it had created rights for staff members in that category even though they might have been unaware of its existence or of the rights thus created. The Tribunal noted that the cancellation of the termination decision pursuant to the recommendation of the Joint Appeals Board had had the effect of reinstating the applicant until the expiry of his fixed-term appointment but that the applicant had not been considered for conversion of his fixed-term appointment in accordance with the aforementioned document. The Tribunal observed that the respondent had accepted the recommendation of the Joint Appeals Board that the termination decision be cancelled without dissenting from the reasons on which it was based. In its Judgement No. 185, the Tribunal had observed: "This is thus a rescission effected by the competent authority who, having expressed no reservations concerning the reasons given by the Joint Appeals Board, must be assumed to have accepted the reasons derived from the irregularity of the decision."3 The reasons given by the Joint Appeals Board in support of its conclusion that the applicant had been denied due process must therefore be assumed to have been accepted by the respondent. Without seeking to call in question the principle, invoked by the respondent, that a fixed-term appointment does not carry any expectancy of renewal or conversion to any other type of appointment, the Tribunal observed that where a termination decision had been cancelled and the reasons for such cancellation had not been challenged by the respondent, the parties should be restored to the status quo and due consideration should be given to the rights of the staff member as if there had been no termination decision, nor reasons for such action. In Judgement No. 185 the Tribunal had stated: "It is for the Tribunal to determine whether, by that decision, the Respondent drew all the necessary legal inferences from the rescission and went as far as was required in restoring the status quo."*

3 See Juridical Yearbook, 1974, p. 111. * Ibid., p. 112. 118 The record showed that the decision to terminate the applicant and the decision not to consider the possibility of converting his fixed-term appointment in accordance with the aforementioned document had been taken simultaneously and on the basis of the same allegations. Since the first of those decisions had been taken without due process, as noted above, it followed in the Tribunal's view that the second decision was likewise vitiated by lack of due process. Rather than ordering the respondent to give due consideration, on the basis of an impartial review of a fair and accurate record of the applicant's performance, to granting him a probationary appointment, the Tri- bunal preferred, in view of the lapse of time and the other circumstances of the case, to compensate the applicant for the injury sustained by awarding him as compensation one year's net base salary. 2. JUDGEMENT No. 196 (18 APRIL 1975) :5 BACK v. SECRETARY-GENERAL OF THE UNITED NATIONS AND UNITED NATIONS JOINT STAFF PENSION BOARD Application for compensation for financial losses linked to the devaluation of the dollar—The inequality among retired staff members of the United Nations which may result from a currency devaluation not attributable to the Organization does not impose on the latter any spécifie duties towards any retired staff member—Question 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 Before retiring, the applicant had expressed the desire to receive the reduced pension together with the lump sum referred to in article 29 of the Regulations of the United Nations Joint Staff Pension Fund. However, more than two and a half months were to pass between the date on which his service terminated and the payment of the lump sum and the first periodic pension benefit. Considering that that constituted an undue delay which, because of the reduction in the value of the dollar in relation to the Swiss franc, had caused him appreciable damage, the applicant requested the Tribunal to grant him, inter alia, a sum corresponding to the difference between the lump sum which he should have received on 29 January 1973 at the exchange rate applicable on that date and that which he had in fact received on 6 March 1973. The Tribunal first noted that the application was directed against both the Secretary-General of the United Nations and the United Nations Joint Staff Pension Board. It noted that the two respondents had submitted a joint answer, the pleas of which were as follows: "The Tribunal is respectfully requested to find that Applicant has failed to establish any obligation, based on any provision of his contract of employment or terms of appointment (including the Staff and Pension Fund Regulations and Rules), on the part of either Respondent to assure him of payment on or at the rate of exchange prevailing on the date his pension entitlement vested; nor has Applicant proved fault on the part of either Respondent, not outweighed by his own lack of diligence, causing him to be paid only after an allegedly unreasonable delay from the date of such vesting." Consequently, the Tribunal considered the facts in the case without pronouncing on their imputability to one or other of the respondents and, in particular, without determining the share of responsibility, if any, which might be apportioned to each of them. The Tribunal recalled the conclusions it had reached in its Judgement No. 182,6 according to which it did not seem that the inequality which the devaluation of the 5 Mme P. Bastid, Vice-Président, presiding; Mr. F. A. Forteza, Member; Sir Roger Stevens, Member. «See Juridical Yearbook, 1974, p. 107. 119 dollar, which was not attributable to the Organization, might create among retired staff members of the Organization would impose on the latter any specific duties towards a retired staff member. It also referred to Judgement No. 2347 of the Adminis- trative Tribunal of the International Labour Organisation, which stated that "upon well-established principles there can be no claim in respect of currency devaluation as such". It therefore felt that it must consider only: (1) Whether any statutory provision required payment on a specific date; (2) If such was not the case, whether the date of payment must be considered as having been unduly delayed by reason of the conduct of the respondents. Referring to section 1.2 of the Administrative Rules of the Fund, which make payment of a benefit subject to certification by the Secretary of the Board "that the conditions for payment of the benefit have been fulfilled", the Tribunal rejected the applicant's argument that payment must be made on the day on which entitlement to a benefit took effect. Referring to article 48 (b) of the Fund Regulations, it also rejected the applicant's arguments that the rate of exchange to be applied was that in force on the date of commencement of entitlement. However, the Tribunal considered—in particular, because the termination notification addressed to the Secretary of the Board of the Organization contained an unusual notification which should normally have provoked a request for explanation—that the delay in the payment of the sum due to the applicant demonstrated negligence in the operation of administrative services such that the resulting damages to the applicant must be made good by the respondents. The Tribunal considered that no precise date could be fixed as being that on which payment should have been made but considered that the prejudice suffered should be calculated by taking the date on which the applicant would have been paid at the earliest and that on which he would have been paid at the latest if the administration had shown normal diligence, and taking the average of the two sums in Swiss francs that would have been paid to the applicant if the payment order had been executed in Geneva on the two dates in question. Since the sum thus calculated constituted compensation for damages incurred and not a benefit under the pension scheme, the Tribunal considered that the respondents could not invoke article 45 of the Pension Fund Regulations (which relates to the case of a benefit due but not paid) to contest the applicant's claim for payment of interest on the sums in question, and it decided to grant interest at the rate of 6 per cent per annum. 3. JUDGEMENT No. 197 (22 APRIL 1975) :8 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 correction in question on the equity of the case—Obliga- tion of the Tribunal, as a judicial organ, to apply existing law The applicant, a former associate participant in the United Nations Joint Staff Pension Fund, had filed an application with the Tribunal in 1973 in which he claimed that he had been wrongfully deprived of benefits under a provision of the Pension Fund Regulations relating to conditions for admission as a full participant. The Tri- p. 131. 8 Mr. R. Venkataraman, President; Mme P. Bastid, Vice-Président; Mr. F. A. Forteza, Member. 120 bunal had rejected this claim in its Judgement No. ISO,9 which contained the statement that in order to become a participant in the Pension Fund the applicant should, at the time of his last contract, have been employed for a period longer by three months and one week than the period for which he had actually been employed. The purpose of the present application was to bring about the revision of Judge- ment No. 180. It was stated that the figure of three months and one week should be replaced by that of one month and one week in order to take into account the two months of the applicant's employment prior to his period of continuous service. On this point, the Tribunal noted that its calculation had been based on the Pension Fund Regulations effective on 1 January 1967, which referred to a "continuous period of... employment" (article II, para. 2 (6)). The 1963 Regulations, however, did not contain the requirement that the employment be "continuous". In the opinion of the Tribunal, a strict interpretation of the Regulations did not allow the two months of employment in question to be taken into account. Acknowledging, however, that the Secretary of the Joint Staff Pension Board had recognized in a memorandum the applicant's right to inclusion of the two months of employment in his total period of service, the Tribunal decided that Judgement No. 180 should be corrected on that point. In applying for revision of the judgement in question under article 12 of the Statute of the Tribunal, the applicant contended that, subsequent to the said judgement, he had discovered that the Administration had not provided him at the proper time with a copy of the Pension Fund Regulations which were in force from 1 January 1967. When, however, the Tribunal, in its Judgement No. 180, had stated that there had been a lapse on the part of the applicant in not bringing the matter at the relevant time to the attention of the Administration, it had clearly taken it for granted that the applicant was familiar with the said Regulations at the time in question. The problem was therefore to determine whether the applicant had in fact been aware of the relevant provisions of the Pension Fund Regulations at the appropriate time. The Tri- bunal noted in this regard that regardless of any short-comings in the system of transmitting amendments to the regulations and rules to staff members serving in the field, the applicant's attention had been specifically drawn, in the various letters of appointment he had received, to the possible relevance of the Pension Fund Regula- tions to his case. Furthermore, the applicant had been fully aware of the Pension Fund Regulations which came into effect on 1 January 1963, and, in so far as the particular point which lay at the origin of the dispute was concerned, the text adopted in 1967 had not created a different system. Moreover, the following information was received by the Tribunal from the respondent: "More generally, it has never been the policy of the Organization to allow the effect of an extension of an appointment on a staff member's pension benefit to determine the duration of such extension. The Organization has always considered that the effect upon a staff member's pension benefits should be a consequence of the decision on how long to extend his contract in the light of the duties for the performance of which his services are required. Therefore, when preparing a letter of appointment to be issued to a technical assistance expert, TARS does not take into consideration, in determining the duration of the appointment, the effects of such duration on the pension rights of the expert."

» See Juridical Yearbook, 1973, p. 111. 121 Without expressing an opinion on the substance of those observations, the Tribunal felt that they had no relevance to the consideration of a request for revision within the meaning of article 12 of its Statute. The Tribunal drew the attention of the parties to Judgements No. 23010 and No. 24511 of the Administrative Tribunal of the International Labour Organisation in which that Tribunal had considered that, in determining the duration of a contract, the Organization could not disregard the right of the staff member concerned to a pension and that, by not granting him an appointment of appropriate duration, the Organization had failed "to take an essential fact into consideration". It added that, since those two judgements could not be regarded as a new fact the discovery of which might constitute a ground for revision under article 12 of the Statute, it was irrelevant for the differences between those cases and the present one to be considered. Finally, the Tribunal recalled that, notwithstanding the implications of the aforementioned correction on the equity of the case, it was bound, as a judicial organ, to apply existing law, including the provisions of its Statute, and did not have the power to decide a case ex aequo et bono. Therefore, subject to the said correction, it rejected the application. 4. JUDGEMENT No. 198 (23 APRIL 1975) :12 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 appointment 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 The applicant was granted a probationary appointment for a period of two years, which upon its normal expiration was extended for one additional year. He was then kept in service for some twenty-two months, at the end of which his appointment was terminated in accordance with staff regulation 9.1 (c). In his application he requested the Tribunal to rescind the decision terminating his services, contending that, as his appointment had not been terminated at the end of his extended probationary service, his employment status must be deemed to have been that of a staff member holding a permanent appointment. He based this contention on staff rule 104.12 (a), which reads as follows: "At the end of the probationary service the holder of a probationary appointment shall be granted either a permanent or a regular appointment or be separated from the service." The Tribunal nevertheless considered that the text thus quoted did not warrant a conclusion that probationary appointments not terminated at the end of the probationary period automatically become permanent appointments. The fact that the applicant was transferred to another post at the end of his extended probationary period and was continued in service for some twenty-two months did not indicate that he had acceded to the status of a permanent staff member or had been treated as such. Staff rule 104.13 (a) (i) provides as follows:

10 See Juridical Yearbook, 1974, p. 127. n/Wrf., p. 136. 12 Mr. R. Venkataraman, President; Mr. F. T. P. Plimpton, Vice-Président; Mr. Z. Ros- sides, Member. 122 "The permanent appointment may be granted to staff members who are holders of a probationary appointment and who, by their qualifications, performance and conduct, have fully demonstrated their suitability as international civil servants and have shown that they meet the high standards of efficiency, competence and integrity established in the Charter." It followed that the granting of a permanent appointment was subject to certain conditions being met and that there could be no automatic conversion of a probationary appointment into a permanent appointment. After considering the circumstances of the case, the Tribunal reached the conclusion that the applicant did not possess the status of a staff member with a permanent appointment. In the opinion of the Tribunal, the applicant's employment status during his final twenty-two months of service was in effect a continuation, although irregular, of his probationary appointment through the default of the Administration. While recognizing the right of the Secretary-General to terminate probationary appointments under staff regulation 9.1 (c), the Tribunal pointed out that the applicant's probationary appointment had not been terminated during the period of probation but long after the expiry of such period. The Tribunal therefore held that the applicant, having completed his probationary period, was entitled to due process for the assessment of the suitability of a staff member on probationary appointment for a permanent appointment. The Tribunal noted in this regard that no periodic report had been prepared for the period after the expiry of the extended probationary period and that although an assessment of the applicant's case had been made by the Appointment and Promo- tion Committee in 1970, the termination decision was reached without the Committee having had any possibility of considering the most recent information on the applicant's performance and without the applicant being afforded an opportunity to state his case. Taking into account the circumstances of the case, the Tribunal considered it preferable for the injury suffered by the applicant to be redressed by an award of compensation for fault of procedure rather than by a remand for correction of procedure. The applicant, in addition, requested compensation in respect of the two periods of home leave to which, according to him, he should have been entitled during his period of service. The applicant pointed out in that regard that because of the absence from the files of any "Personnel Action" form "to establish his status as a staff member on an extended probationary appointment", his oral inquiries as to his entitlement to home leave had met with a negative reply from the Administration. In the view of the Tribunal, it followed from the absence of a "Personnel Action" form that even if the applicant had made a formal request for home leave, the response would not have been different. The Tribunal held that the applicant had been deprived of his rights by reason of an anomalous employment situation and was therefore entitled to reimbursement of his expenses, subject to proof that such expenses had been incurred by him. Finally, on the basis of the same reasoning and subject to the same condition, the Tribunal awarded reimbursement of his removal costs.

5. JUDGEMENT No. 199 (24 APRIL 1975) :13 FRACTON v. SECRETARY-GENERAL OF THE UNITED NATIONS Application for rescission of a decision not to renew a fixed-term appointment — Limits of the Tribunal's authority to review such a decision — Principle of good faith in relations between the parties i3 Mr. R. Venkataraman, President; Mr. F. T. P. Plimpton, Vice-Président; Sir Roger Stevens, Member. 123 The applicant, who entered the service of the United Nations Information Centre at Teheran (Iran) on 7 September 1968 as an Information Assistant, received a number of fixed-term appointments. When the Organization decided not to renew his appointment, he filed with the Tribunal an application contesting this decision, which, he said, constituted a violation of his rights (having regard in particular to the establishment of a new régime under which Information Assistants could be offered regular appointments after a year or two of satisfactory service) and which, again according to him, was motivated by prejudice on the part of his superiors. The Tribunal recalled that the decision whether or not to renew a fixed-term appointment was within the discretion of the Secretary-General and, in the absence of countervailing circumstances, non-renewal would not give rise to any rights on the part of the staff member. The particular circumstances of this case should therefore be reviewed, with special reference to the handling of the matter by the Director of the Centre, whose recommendations had led to the contested decision. In this connexion, the Tribunal considered that in criticizing the applicant in confidential letters which were not communicated to the applicant, in failing to disclose to him the unsubstantiated charges brought against him, and in expressing the intention to make a misstatement regarding the applicability to his case of the new régime referred to in the first paragraph above, the Director of the Centre had shown a lack of candour and acted in an equivocal and dubious manner toward the applicant. Furthermore, the decision not to renew the appointment was taken on the basis of charges contained in confidential letters not disclosed to the applicant and before the relevant periodic report had been drawn up. The Tribunal found that the applicant had not been given the fair consideration required to determine whether an Informa- tion Assistant could benefit from the new régime referred to above and that the respondent had disregarded the principle of good faith in relations between the parties referred to in Judgement No. 128.14 With regard to the question whether the contested decision was motivated by prejudice on the part of the Director of the Centre, the Tribunal concluded, having examined the relevant material, that, while it was clear that there had been a clash of personalities and that in many of his dealings with the applicant the Director had been unduly suspicious and evasive, the evidence before it did not establish that he had been motivated by prejudice. The Tribunal found it preferable to order the payment of compensation in lieu of specific performance on the analogy of its rulings in Judgements No. 6815 and No. 9216 rather than ordering remand of the case so that a proper review of the applicant's record of service and his suitability for the post of Information Assistant might be carried out. It fixed the compensation at the equivalent of six months' net base salary. Lastly, the Tribunal ordered the removal from the applicant's official status file of the periodic report prepared after the decision not to renew the applicant's appointment as well as certain confidential letters which had not been brought to the notice of the applicant and which were likely to prejudice the applicant's prospects for employment with international organizations.

14 See Juridical Yearbook, 1969, p. 184. is Judgements of the United Nations Administrative Tribunal, Nos. 1 to 70 (AT/DEC/1 to 70—United Nations publication, Sales No.: 58.X.1), p. 398. i6 See Juridical Yearbook, 1964. p. 205. 124 6. JUDGEMENT No. 200 (24 APRIL 1975) :17 DEARINO v. SECRETARY-GENERAL OF THE UNITED NATIONS Application for rescission of a decision of the Secretary-General refusing, on the basis of a recommendation of the Advisory Board on Compensation Claims, to re-open a case concerning compensation — 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 During a period of employment in Thailand under a fixed-term contract the applicant had contracted pulmonary tuberculosis as a result of which he submitted to the Advisory Board on Compensation Claims a claim for "compensation for the loss of livelihood in [his] normal occupation, through a disability resulting from an illness attributed to the performance of official duties on behalf of the United Nations". The Advisory Board, noting that there was good reason to believe that his employment in Thailand would have continued had he not become ill and further noting that the claimant had been unable to obtain any employment in his country of origin and that he was barred, for medical reasons, from consideration for employment by the United Nations or the specialized agencies for a period of three years from the date of his recovery, recommended to the Secretary-General that he should be granted compensation for loss of earning capacity in an amount of £2,500 per annum for a period ending three years from the date of his recovery or until such time as he was gainfully employed, whichever period was the shorter. That recommendation was accepted by the Secretary-General. Not being satisfied with the solution adopted, the applicant requested, on the basis of several certificates from both his own physicians arid a medical board established by the competent ministry of his country of origin, that his case should be re-opened by the Advisory Board on Compensation Claims and the respondent should pay him annual compensation in accordance with article 11.2 (d) of Appendix D to the Staff Rules. The Advisory Board, considering that no grounds existed to warrant re-opening the case, made a recommendation to that effect to the Secretary-General, which was accepted. The case was referred to the Tribunal, which observed that under article 9 of Appendix D to the Staff Rules, it was within the discretion, of the Secretary-General to re-open a case relating to compensation under those Rules. Such discretion, however, could not be exercised unjustly or unreasonably. In its Judgement No. 10318 the Tribunal had held as follows: "Article 9 gives the Respondent wide power to re-open a case and consequently to the Board to recommend that it be re-opened. Since the new decision of the Respondent is taken on the recommendation of the Board, the latter must observe the requirements of due process in arriving at that recommendation." The Tribunal then felt that it must consider whether the recommendation of the Advisory Board mentioned above was vitiated by lack of due process. In that connexion 17 Mr. R. Venkataraman, President; Mme P. Bastid, Vice-Président; Sir Roger Stevens, Member. is See Juridical Yearbook, 1966, p. 216. 125 it noted that due process required that an authority competent to make recommendations or decisions should arrive at its conclusions without factual errors or prejudice on the matter placed before it. In the present case, the Tribunal observed, there was a difference of opinion between the Medical Director of the United Nations and the applicant's physicians over the latter's medical reports; in the circumstances, the requirements of due process involved recourse to an impartial medical examination of the applicant to ascertain the extent, if any, of his disability before recommending to the Secretary-General the rejection of the request for re-opening the case. The Tribunal therefore held that the recommendation of the Advisory Board was vitiated by lack of due process and that the Secretary-General's decision based on that recommendation suffered from the same infirmity. It therefore concluded that the case should be remanded for carrying out a proper medical examination of the applicant. The applicant claimed that in view of the delay which would inevitably be involved in the re-opening of the case, the Tribunal should order payment to him of continuing compensation on the basis of article 11.2 (d) of Appendix D. The Tribunal observed, however, that the award of compensation for three years based on certain premises mentioned earlier had concluded the applicant's right to compensation for service-incurred illness, subject to the procedure for amending the award with respect to future payments defined in article 9 of Appendix D. The applicant also contended that as the respondent had not reinstated him, he should be deemed to have been terminated as being disabled from further service and should therefore be compensated. However, the Tribunal noted that the applicant's employment status had been one of a fixed-term appointment which did not entitle him to permanent or continuous service and that accordingly no inferences of disability for further service could be drawn solely from the fact of his non-employment by the Organization. The applicant further argued that if he was not considered disabled for further service, he should have been reinstated or re-employed by the respondent. The Tribunal found that, as the Advisory Board itself had informed him, the applicant had had a legitimate expectancy of continuation in service but for his illness. However, it considered that it could draw no conclusion from that finding as long as it was not established that the applicant was incapacitated for further service by reason of his disability as contended by him. The respondent having indicated on 22 April 1975 that he did not wish to request remand of the case (see the fifth paragraph of the present summary), the Tribunal decided to proceed to the determination of the merits of the case. It rescinded the decision of the respondent not to re-open the case as being based on a recommendation which was vitiated by lack of due process and therefore being itself vitiated, and it ordered the respondent to take action in conformity with the requirements of due process, that is to say, in this case, by adopting a procedure analogous to that provided in article 17, paragraph (b), of Appendix D. The Tribunal recalled that it was required under article 9, paragraph 1, of its Statute to fix the amount of compensation to be paid to the applicant should the Secretary-General, within 30 days of the notification of the judgement, decide, in the interest of the United Nations, that the applicant should be compensated without further action. Considering the case to be an exceptional one, it fixed compensation at the equivalent of three years of net base salary. With regard to the question of procedural delays, the Tribunal characterized as unconscionable the respondent's delays in the handling of the case. However, since both sides were at fault in this matter it decided not to grant compensation for procedural delays. 126 7. JUDGEMENT No. 201 (25 APRIL 1975) :10 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 validation of a period of service for pension purposes The applicant, who had entered the service of FAO on 4 April 1965, received on 1 February 1970 an appointment which extended his total service to at least five years, with the result that he became a participant in the United Nations Joint Staff Pension Fund and had the option, by virtue of article 23 of the Regulations of the Fund, of electing within one year to validate any prior service for pension purposes. On 27 February 1970, he signed the Participant's Declaration required by the Fund, at the bottom of which there appeared a notice inviting staff members who wished to validate previous service to obtain the necessary forms and advising them that they must make their applications within the time-limits provided by the Regulations. The applicant, not having exercised the option to validate his prior service within the specified time-limit, was informed, when he raised the question with the Secretary of the FAO Staff Pension Committee, that his application was time-barred. The Tribunal, when the case was brought before it, noted that the contested decision was based on article 23 (a) of the Regulations, which prescribed that in certain circumstances "a participant may elect, within one year of the commencement of his participation, to validate prior service during which he was not eligible... for participation". Despite the inclusion of the above-mentioned notice in the Participant's Declaration, for a year and a half the applicant had made no move. He stated that he had not taken cognizance of the notice, even though it appeared on the very page where he had signed a document which was extremely important not only for his own interests but also for those of his dependants. In the view of the Tribunal, the notice in question was sufficient to inform the applicant of the existence of time-limits for the submission of requests for validation of prior service, and he was not justified in blaming the respondent for the insufficiency of information which he invoked to justify his failure to take action. The applicant argued that, when in August 1971—i.e., after his application had already become time-barred—he had requested to be informed of the amounts still to be paid by him in order to be up to date in the payment of his contribution to the Fund, the Secretary had sent him a validation application form and invited him to return it, duly completed, as soon as possible. The applicant claimed that a logical interpretation of that correspondence had led him to believe that the period of prior service could still be validated, i.e., that the time-limits allowed for doing so were still open on 30 August 1971. The Tribunal, however, took the view that the sending of a standard form designed to enable a staff member to submit an application could not, unless otherwise indicated by a text or relevant practice, be considered equivalent to a decision by the organ which communicated it or give rise to any expectation in the mind of the staff member. Lastly, the applicant maintained that the sole purpose of the time-limit was to encourage the staff member to act as quickly as possible and that the time-limit, being devised for the benefit of the staff member, could not be applied against him. The Tribunal recalled the principle that time-limits must be observed, with the exception of cases in which the competent authority has the power to extend them, 19 Mme P. Bastid, Vice-Président, presiding; Mr. Z. Rossides, Member; Mr. F. A. Forteza, Member. 127 and noted that the time-limit in question was imperative in character and that the Regulations of the Pension Fund did not confer on the competent organs the power to extend it. In view of the foregoing, the Tribunal rejected the application. 8. JUDGEMENT No. 202 (3 OCTOBER 1975) :20 QUEGUINER v. SECRETARY-GENERAL 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 principle of acquired rights The applicant entered the service of the Organization on 5 May 1968 under a fixed-term contract of three years' duration, which on 5 May 1971 was extended for a duration of four years. On 29 July 1971, the Head of the Administrative Division announced that the Secretary-General had decided, with effect from the scholastic year 1971/72, to amend the staff rule relating to the education grant. As a result of this amendment, the applicant found that, instead of the flat $1,000 per year which he had received in the past, he was entitled to an amount equal to 75 per cent of the cost of attendance actually incurred by him, or approximately $650 per year. The staff rule in question was further amended in 1973, the maximum amount of the education grant being increased to $1,500. Following a complaint by the applicant that the 1971 amendment was prejudicial to him, the Secretary-General decided, after a review of the question and of the practice of other organizations of the United Nations system, to apply a transitional measure for the year 1971/72, as a result of which the applicant received a further sum of approximately $350 for that year. The applicant, however, considered that measure inadequate. The case was brought before the Tribunal, which first of all declared admissible three applications for intervention submitted by individuals whom the Tribunal found to be prima facie in a situation similar to that of the applicant. In his first plea, the applicant requested that the decision of 29 July 1971 should be rescinded as contrary to the Staff Regulations in that it prejudiced the acquired rights of the staff member. The Tribunal observed that, if such a request were granted, the judgement would have the effect of eliminating the staff rule in question in respect of all staff members, irrespective of the date on which they entered upon their duties. The plea requesting a decision with effect erga omnes was in contradiction with the very basis of the request, which was grounded on the contractual situation of the applicant and on respect for acquired rights. It must therefore be rejected. The applicant also requested compensation for the years 1972/73 and 1973/74 equal to the difference between the sums he had actually received and the new maximum of $1,500 introduced in 1973. The Tribunal recognized that it followed from staff regulation 12 that the Secretary-General's power to amend the rules could only be properly exercised if the acquired rights of staff members were respected. The question posed by the present case was thus to determine whether the applicant had an acquired right to the education grant system as established at the time when he had entered upon his duties. The Tribunal noted in this connexion that the letter extending the applicant's initial appointment contained a number of provisions concerning the applicant 20 Mme P. Bastid, Vice-President, presiding; Mr. Z. Rossides, Member; Mr. Mutnale Tshikankie, Member; Mr. F. A. Forteza, Alternate Member. 128 personally and referred to the conditions of employment and fundamental rights, and the duties and obligations, laid down in the Staff Regulations and Staff Rules, "due account being taken of any subsequent amendments to those texts". The limitation of the right of amendment set out in staff regulation 12 obviously concerned the rights of the staff member expressly stipulated in the contract. In its Judgement No. 19,21 the Tribunal had stated that all matters were contractual which affected "the personal status of each member—e.g., nature of his contract, salary, grade". Respect for acquired rights also meant that the benefits and advantages accruing to a staff member from services rendered before the entry into force of an amendment could not be prejudiced. An amendment could not have an adverse retroactive effect in relation to a staff member, but nothing prevented an amendment to the Staff Rules where the effects of such amendment applied only to benefits and advantages accruing through service after the adoption of such amendment (Judge- ment No. 82).22 It did not seem to the Tribunal that the decision to amend the education grant system exceeded the powers accorded to the Organization in the contract accepted by the applicant. The legality of comparable measures concerning the non-resident's allowance (Judgement No. 5123) and the allowances payable under the definition of dependency (Judgements Nos. 82 and HO24) had been recognized, and there seemed to be no valid reason for treating the education grant differently. The new system which had been introduced was not unreasonable, and the Tribunal must confine itself to noting that the respondent was not obliged in law to pay compensation for a reduction in the amount received by the applicant. The latter's claim to a flat-rate grant of $1,500 was entirely without merit, since the purpose of the 1973 amendment had not been to increase the flat rate for the education grant but to raise the maximum amount of the grant; the claim was all the less admissible in that the applicant appeared to be claiming the right to benefit by both the advantages of the system in force prior to 1971 and the increase in the maximum amount decided on in 1973. In any event, the applicant's claim could concern only the contractual relations resulting from the contract accepted by him on 30 April 1971, i.e., the relations running until 4 May 1975. The new system did not seem to have prevented him from subsequently agreeing to the renewal of his contract, which showed clearly that, so far as the importance of that factor with respect to acceptance of the contract was concerned, the applicant's argument was unfounded. In conclusion, the Tribunal decided that, in changing the bases for the computation of the education grant, the Secretary-General had exercised the powers accorded him by the Staff Regulations and that any reductions in the grant payable to the applicant entailed no liability on the part of the Organization. 9. JUDGEMENT No. 203 (7 OCTOBER 1975):25 SEHGAL v. SECRETARY-GENERAL OF THE UNITED NATIONS Application requesting that a decision not to renew a fixed-term appointment be declared void—Criteria for determining whether the question of the renewal of such

21 Judgements of the United Nations Administrative Tribunal, Nos. 1 to 70 (AT/DEC/ 1-70—United Nations publication, Sales No. 58.X.1), p. 71. 22 Ibid., Nos. 71 to 86 (AT/DEC/71-86—United Nations publication, Sales No. 63.X.1), p. 78. ^Ibid., Nos. 1 to 70 (AT/DEC/1-70—United Nations publication, Sales No. 58.X.1), p. 247. 24 See Juridical Yearbook, 1967, p. 297. 25 Mr. R. Venkataraman, President; Mr. F. T. P. Plimpton, Vice-Président; Sir Roger Stevens, Member. 129 an appointment was duly considered and whether actions taken following a rebuttal of a periodic report constitute an appropriate investigation The applicant had been recruited for an initial period of three months and his appointment had been renewed on several occasions—first for four months and then for two successive periods of one year. Upon assuming his duties, he had been assured that, when the time came, his case would be duly considered for an extension of his fixed-term contract or for an indefinite appointment. He was not satisfied with his first periodic report—prepared 26 months after his entry on duty—and submitted a rebuttal of it, requesting that an inquiry be held. The Resident Representative transmitted the report in question and the rebuttal to Headquarters and wrote a letter to the applicant in which he criticized his "egotism", his "scorn for the contribution of virtually all [his] colleagues" and his "immaturity", and rejected his request for an inquiry. Following a discussion which he held a few weeks later with the applicant and his immediate superiors, the Resident Representative confirmed that he did not plan to alter the periodic report in question. The applicant then asked the Chief of the Personnel Division at Headquarters to hold the inquiry which he had previously requested. The next day, the Resident Representative sent the applicant a detailed reply to his rebuttal and enclosed a copy thereof in a letter to Headquarters recommending that the applicant's contract should not be renewed. That recommendation was followed by the Headquarters departments concerned. The case was referred to the Tribunal, which considered that it had to decide the following two issues: (i) Whether due consideration had been given to the continued employment of the applicant in accordance with the undertaking given at the time of his entry on duty; (ii) Whether the requisite procedures to deal with the rebuttal by the applicant of the adverse criticisms contained in his periodic report had been complied with. As to (i), the Tribunal noted the respondent's contention that the applicant had at each renewal of his contract received the consideration contemplated. In the Tribunal's view, however, it did not follow that the respondent had been ipso facto absolved from all need to give due consideration to the decision not to renew when that decision had been taken. With regard to (ii), the Tribunal considered that the key issue to be determined was not so much what particular instruction applied (a matter on which there was a conflict of view) nor whether what took place was or was not an investigation, as whether the action taken was appropriate to the particular circumstances of the case. In that connexion, the Tribunal noted that, beginning with the periodic report, the question of the investigation of the applicant's rebuttal, on the one hand, and the question of due consideration of the renewal of his contract, on the other, had become intertwined. It was therefore necessary for the Tribunal to consider at that point whether the actions of the respondent had been appropriate to an investigation of the applicant's rebuttal on the one hand and to due consideration being given to renewal (or non-renewal) of his contract on the other. In that connexion, the Tribunal stated the following: "... an investigation of a rebuttal by a Head of Department or his equivalent calls for a balanced regard for the conflicting views of the staff member and his supervisors, a dispassionate approach to the issues standing between them, a search for additional evidence or opinions which may throw further light on their respective viewpoints, and a clear and reasoned determination. Due consid- 130 eration of renewal of contract would appear to the Tribunal to require at least that the arguments for and against renewal should be objectively weighed and in the event of an adverse decision the reasons for such decision clearly set out." In the opinion of the Tribunal, whichever of the foregoing criteria was applied, the actions of the respondent fell short of the requirements set out above and also revealed a singular lack of objectivity which had resulted in the applicant being denied due process. Having concluded that the applicant had not been given due consideration for further employment, contrary to the undertaking given to him, and that there had been no objective investigation of the rebuttal of his report, the Tribunal ordered that compensation equivalent to six months' net base salary be awarded to the applicant for the injury sustained by him.26 10. JUDGEMENT No. 204 (8 OCTOBER 1975) :27 MILA v. SECRETARY-GENERAL OF THE UNITED NATIONS Application directed against a decision to terminate following a correction of procedure ordered by the Tribunal—Conclusions of the Tribunal regarding the procedure followed for the reconsideration 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 In its Judgement No. 184,28 the Tribunal had stated that the decision to terminate the applicant's appointment following the five-year review of his permanent contract had not been preceded by a complete, fair and reasonable procedure and had remanded the case for correction of the procedure. Consequently, the applicant's case had been resubmitted to the Appointment and Promotion Panel and, pursuant to the Panel's recommendations, the Secretary-General had decided to maintain the decison concerning termination. The applicant submitted a further request for rescission to the Tribunal, which had to consider, firstly, the conditions in which the Appointment and Promotion Panel had reconsidered the applicant's case and the basis for the conclusions of its report and, secondly, the decision taken by the respondent following that new report, taking into account the provisions of the Staff Regulations and Rules relating to the five-year review of permanent contracts. The applicant contended, in the first place, that the respondent had ignored an elementary and basic rule concerning disqualification by including in the 1974 Panel four members of the 1972 Panel, especially a member against whom the applicant's counsel had certain grievances dating back about 20 years. The Tribunal nevertheless considered that, in the absence of legal provisions, the composition of a purely administrative body whose task was to advise the Secretary-General fell within his own competence. No general legal principle compelled the Secretary-General to exclude a given person, at least in so far as the procedural defects noted were not

26 An application for a review of Judgement No. 203 was submitted to the Committee on Applications for Review of Administrative Tribunal Judgements, established under article 11 of the Statute of the Tribunal. The Committee indicated in its report (A/AC.86/ 20) that it had decided without a vote that there was not a substantial basis for the application under article 11 of the Statute and that it had therefore concluded that the International Court of Justice should not be requested to give an advisory opinion. 27 Mme P. Bastid, Vice-Président, presiding; Mr. F. A. Forteza, Member; Sir Roger Stevens, Member. 28 See Juridical Yearbook, 1974, p. 109. 131 related to the conduct of that person; in the case under consideration, the Tribunal had not attributed the short-comings which it had noted in its Judgement No. 184 to reasons peculiar to the members of the Panel. The fact that the 1974 Panel comprised four members of the 1972 Panel therefore could not affect the validity of the decision taken by the respondent pursuant to the report of the 1974 Panel. The applicant also contended that the conduct of the Joint Appeals Board (to which the case had been submitted before being referred to the Tribunal) demonstrated prejudice against him. The Tribunal observed, however, that the applicant was not requesting that the case be remanded to the Board; in addition, it noted that, since the respondent had accepted direct recourse to the Tribunal, the question of the legality of the conduct of the Joint Appeals Board did not arise. With regard to the errors of fact and law which the applicant contended vitiated the contested decision, the Tribunal noted that the applicant's complaints had not been based on the precise terms of the report of the 1974 Panel and had not established points on which the report in question was so inadequate as to permit the statement that the review conducted did not represent the "complete, fair and reasonable procedure which must be carried out prior to the termination of a permanent appointment". In the light of its own findings in the case and the questions it had deemed necessary to have elucidated, the Tribunal reached the conclusion that the proceedings before the 1974 Panel had enabled the Panel to carry out a thorough, searching and balanced review of the applicant's standards during the flve-year review of his permanent contract. Turning to the decision taken by the respondent consequent upon the Panel's report, the Tribunal noted that the Panel had "agreed that the staff member's performance and attitude had been less satisfactory than earlier" and had recognized that the applicant "had not, in the strict sense, met the full standards for a permanent appointment" but had, on the other hand, considered that "the administrative decision not to renew the staff member's permanent appointment, and in consequence to separate him from service, was too drastic". Notwithstanding the latter formula, the Tribunal did not find it possible to state that the contested decision contradicted the dossier, for the latter also contained the finding that the applicant had not, "in the strict sense, met the full standards for a permanent appointment". It considered that, in view of the power of evaluation which the respondent must be recognized to possess, it could not order the rescission of a decision on the basis of an equivocal formula. The applicant also claimed that the procedure of reviewing his permanent contract concealed a disciplinary measure so that it would be subject to less strict rules. In the view of the Tribunal, however, the applicant did not base his argument on any precise fact that could justify a disciplinary measure against him; it was the way in which he had performed his duties which had given rise to criticism. In those circumstances, the Tribunal considered that no misuse of procedure that could entail the rescission of the contested decision could be imputed to the respondent. The Tribunal noted, on the other hand, that the Panel had found that there were lapses in procedure and administrative short-comings in the handling of the case prior to the 1972 review; it also found, in the light of the conclusions of the 1974 Panel's report, that the 1972 Panel's report had serious defects, as had been shown in Judge- ment No. 184, and did not correspond to what could normally be expected as a result of an administrative procedure of that type, so that the treatment of the applicant in the period preceding his termination had not been in conformity with the administrative rules in force or the basic principles of good administration. Nothing in the contested decision indicated that the respondent contested the views on that subject expressed by the Panel in its report. 132 Considering that the administrative short-comings mentioned above could not be remedied retroactively, the Tribunal awarded the applicant compensation of 15,000 Swiss francs. 11. JUDGEMENT No. 205 (9 OCTOBER 1975) :29 EL-NAGGAR v. SECRETARY-GENERAL OF THE UNITED NATIONS Application contesting a decision not to renew a fixed-term appointment—Obliga- tions of the respondent arising from his "acceptance" of a recommendation by the Joint Appeals Board that he should seek to keep the applicant on the staff and should offer him a new and appropriate appointment The applicant, after several periods of service at the P-5 and later the D-l level, for which he received excellent periodic reports, was given a five-year contract extension on 1 March 1970; on 1 June 1971, he was promoted to D-2 and transferred to the United Nations Economic and Social Office in Beirut (UNESOB) as Director. On the establishment of the Economic Commission for Western Asia (ECWA), which was to consist of the States then covered by UNESOB and was to start its operations on 1 January 1974, the Secretary-General was obliged to find a new assignment for the applicant, since the Governments concerned wanted the Executive Secretary of the new Commission to be from a country belonging to the geographic scope of the Commission. Efforts to reassign the applicant were of no avail until 13 May 1974, when he was transferred to UNCTAD for a period which was to end on the expiration date of his appointment. On 16 September 1974, the applicant requested that the decision concerning his transfer should be reviewed so that ( 1 ) he would be given an established post of such rank and responsibility as to be equal to his former post in UNESOB and (2) his assignment would be of the same duration as his former fixed-term appointment, i.e., for a period of five years. The respondent refused this request but informed the Joint Appeals Board, to which the case had been taken, that he was trying to find a post for the applicant. The Board found that the assignment of the applicant to UNCTAD was not a violation of any staff rules or regulations or the Charter, and that he was not entitled to any compensation for damages; nevertheless, it recommended to the Secretary-General that it would be in the best interest of the United Nations to seek to keep him on the staff and to offer him a new and appropriate appointment on the; expiry of his contract. This recommendation was accepted by the Secretary-General. The Tribunal—to which the case was taken before the Secretary-General's decision to act on the recommendation of the Joint Appeals Board had been communicated to the applicant30—observed that the applicant had a fixed-term appointment which did not carry any expectancy of renewal or of conversion to any other type of appointment, and that the recognition of his qualifications and abilities, however high they might be, did not by itself create a legal expectancy which imposed on the respondent an obligation to renew or extend his fixed-term appointment. However, referring to its Judgements Nos. 9531 and 142,3!l the Tribunal proceeded to consider the applicant's contract as a whole and examine the surrounding circum- 29 Mr. R. Venkataraman, President; Mme P. Bastid, Vice-Président; Sir Roger Stevens; Member. 30 Under the terms of articles 7, paragraph 2 (b), of the Statute of the Tribunal, an application is receivable if, as in this case, the Secretary-General has failed to take any action on the joint appeals body's recommendations within the 30' days following the communication of the opinion. si See Juridical Yearbook, 1965, p. 207. **lbid., 1971, p. 152. 133 stances in order to ascertain whether a legal expectancy of renewal had been created in this case. The Tribunal found that the respondent had at no stage held out to the applicant any hope or promise that his contract would be renewed or extended. It also observed that (1) the applicant had accepted a fixed-term appointment and was not, therefore, entitled to argue that the fixed-term appointment was in reality a permanent appointment; (2) the contention that the respondent's failure to appoint the applicant to any of the seven D-2 vacancies that had arisen between November 1973 and February 1975 in the Department of Economic and Social Affairs of the United Nations and in UNCTAD was a breach of staff regulation 4.433 was not relevant, since, even if the applicant had been appointed to one of those posts, his fixed-term appointment would not thereby have been converted into a career appointment; (3) the applicants complaint that in not assigning him to a post for four months there had been a gross abuse of discretion or authority by the Secretary- General was unjustified, in view of the steps which the file showed had been taken by the respondent on behalf of the applicant; (4) while there were certain unsatisfactory features in the case, the fact that other actions had been favourable to the applicant made the contention that there had been prejudice or abuse of discretion or authority by the respondent unacceptable.

The Tribunal also considered whether acceptance of the Joint Appeals Board's recommendation by the respondent simply meant that, on finding that the steps he had taken previously were without positive results, the Secretary-General had felt that there was nothing more for him to do. The Tribunal believed that if that had been his intention the Secretary-General would have so stated categorically. On the other hand, the file showed that the Secretary-General had accepted the recommendation of the Joint Appeals Board in respect both of keeping the applicant on the staff and of offering him a new and appropriate appointment on the expiry of his contract. The Tribunal accordingly found that the respondent had undertaken to fulfil the obligations arising from the Board's recommendation and that it was for him to show that efforts had been made to keep the applicant on the staff and to place him in a suitable position after the recommendation made by the Board.

The Tribunal noted in this connexion that the applicant had been offered three technical assistance posts but had not been given any details regarding the rank and emoluments of those posts; that being so, the Tribunal held that the offer of the posts in question did not conclude the respondent's obligation arising from the recommendation of the Joint Appeals Board. It accordingly ordered the respondent to make a fair and objective attempt to place the applicant in a suitable position within three months from the date of the judgement and, should he exercise his option of deciding, in the interest of the United Nations, that the applicant should be compensated, as provided in article 9, paragraph 1, of the Statute of the Tribunal, to pay compensation equal to six months' base salary. Lastly, the Tribunal noted that part of the recommendation of the Joint Appeals Board, namely that the applicant should be kept on the staff, had not been implemented; estimating that three months would normally be necessary for making a search for a suitable post at the D-2 level, the Tribunal awarded to the applicant three months' base salary.

33 Staff regulation 4.4 reads as follows: "Subject to the provisions of Article 101, paragraph 3, of the Charter, and without prejudice to the recruitment of fresh talent at all levels, the fullest regard shall be had, in filling vacancies, to the requisite qualifications and experience of persons already in the service of the United Nations. This consideration shall also apply on a reciprocal basis to the specialized agencies brought into relationship with the United Nations." 134 12. JUDGEMENT No. 206 (10 OCTOBER 1975):34 QUEGUINER v. SECRETARY-GENERAL OF THE INTER-GOVERNMENTAL MARITIME CONSULTATIVE ORGANIZATION Request for reimbursement of medical expenses submitted by a staff member claiming that, owing to a fault on the part of the respondent, he had been denied the benefit of certain arrangements with respect to health insurance applicable in the European Economic Community—Allegation that the impossibility of obtaining reimbursement of the expenses in question demonstrated the inadequacy of the IMCO health insurance plan, an inadequacy for which the respondent should be held responsible The applicant, a French national working in the United Kingdom, had incurred certain medical expenses while in France for which he sought reimbursement from the respondent, claiming that upon the accession of the United Kingdom to the European Economic Community, nationals of Community countries working for an employer in the United Kingdom had been entitled, under the British National Health Service, to free medical treatment for sickness or accident when they were staying temporarily in a Community country, and that since he had been unable to benefit from those new arrangements because he had not been advised thereof in good time by the IMCO Administration, he was justified in claiming compensation from the latter for the injury sustained. His request having been rejected, the applicant filed with the Tribunal an application requesting it to rescind the decision rejecting reimbursement and to award him compensation equivalent to the injury sustained as a result of the failure to reimburse the aforementioned medical expenses. The Tribunal noted that an inquiry addressed to the competent British services had revealed that IMCO staff who were not citizens of the United Kingdom and colonies or permanently resident in the United Kingdom could not benefit under the reciprocity provided for in the provisions of the Community with regard to health insurance. The Tribunal therefore considered that the Organization could not be blamed for failing to take action with regard to an entitlement which did not exist. The applicant also contended that the health insurance coverage available to the IMCO staff was defective in that their health protection was not ensured when they were on holiday outside the United Kingdom. He therefore alleged that his inability to obtain reimbursement for the medical expenses claimed resulted from the negligence of the Secretary-General and the Administration's non-performance of its duties. The Tribunal noted, however, that the Secretary-General had made the necessary arrangements with a private organization, the British United Provident Association (BUPA) for IMCO staff members to be covered by group medical insurance, that the Organization made a substantial contribution to the cost of that cover and that benefits under the BUPA group insurance scheme were payable for treatment for an illness during temporary visits outside the United Kingdom on the same conditions as those applying in that country. When the applicant had reached the ceiling authorized by BUPA, he undoubtedly had not been reimbursed for ail his medical expenses; however, it was difficult, if not impossible, to provide 100 per cent cover for all possible risks in any social security system. The Tribunal also noted that at the end of 1973 the Secretary-General had obtained from the IMCO Assembly the funds needed to give the staff a choice between the BUPA insurance system or another scheme. It had concluded from the fact that a sizable number of staff members had remained with BUPA that that system was not patently inadequate. 34 Mme P. Bastid, Vice-Président, presiding; Mr. Z. Rossides, Member; Mr. F. A. Forteza, Member; Mr. Mutuale Tshikankie, Alternate Member. 135 Lastly, the Tribunal recalled that in its Judgement No. 18235 it had stated that in pension matters the respondent would be contractually liable if, "through his action or omission, a staff member's participation in the Pension Fund were to lose any practical significance or if the effects of such action or omission were so contrary to general principles of law applicable to pensions as to render the very notion of pension meaningless". The Tribunal considered that the same principle applied by analogy to the present case. It could not see in the refusal at issue an infringement of the applicant's right to health insurance for which the respondent could be held liable and concluded that the applicant's allegations that he had sustained injury as a result of negligence on the part of the respondent were without foundation. 13. JUDGEMENT No. 207 (10 OCTOBER 1975):36 SQUADRILLI v. SECRETARY-GENERAL OF THE UNITED NATIONS Application filed by a United States staff member who was not exempt from taxes on his United Nations salaries and emoluments owing to the reservation made by the United States to section 18 (b) of the Convention on the Privileges and Immu- nities of the United Nations37—System of reimbursement established to prevent staff members in the applicant's situation from being at a disadvantage vis-à-vis their colleagues of other nationalities—Methods of calculating the amount which is reimbursable—Rejection, as purely conjectural and incompatible with the obligations flowing from the Convention on the Privileges and Immunities of the United Nations, of the respondent's allegations concerning the provisions which the United States would have taken had it not entered the aforementioned reservation The applicant, a United States staff member working in Switzerland had, like all his compatriots, been denied the benefits of section 18 (6) of the Convention on the Privileges and Immunities of the United Nations38 owing to the reservation entered by the United States when it acceded to the Convention on 29 April 1970.39 His entire income—including the salaries and emoluments received from the United Nations— was therefore subject to the United States income tax and he accordingly had paid the United States tax authorities a sum of approximately $22,000 for 1973. Under the system established to prevent staff members in his situation from being at a disadvantage vis-à-vis their colleagues of other nationalities, the applicant was entitled to reimbursement from the Organization of the difference between the total amount of tax calculated on the basis of his total annual income, including his United Nations earnings, and the amount of the tax which would have been payable had those earnings been excluded. The applicant had calculated the reimbursable amount for 1973 to be approximately $9,300, and the Organization had calculated the amount at approximately $6,000. The case was brought before the Tribunal, which stated, firstly, that the purpose of the reimbursement system described above was, as provided in the relevant Administrative Circular, to place a staff member who is subject to taxation "in the position that he would be in if his Government had acceded to section 18 (b) of the 55 Juridical Yearbook, 1974, p. 107. 36 Mr. R. Venkataraman, President; Mr. F. T. P. Plimpton, Vice-Président; Mr. F. A. Forteza, Member. 37 United Nations, Treaty Series, vol. I, p. 15. 38 Section 18 (b) provides that "Officials of the United Nations shall... be exempt from taxation on the salaries and emoluments paid to them by the United Nations". 39 The reservation reads as follows: "Paragraph (6) of section 18 regarding immunity from taxation... shall not apply with respect to United States nationals and aliens admitted for permanent residence" (United Nations, Treaty Series, vol. 725, p. 362, and Juridical Yearbook, 1970, p. 27, foot-note 3). 136 Convention on the Privileges and Immunities of the United Nations". The Tribunal had gone on to note that in 1971 and 1972 the applicant's income from the United Nations had been less than $25,000 and that, since that amount of income earned abroad by a bona fide resident abroad was excluded from United States taxable income by Internal Revenue Code section 911, he was entitled to no reimbursement from the United Nations and had applied for none. In the tax year 1973 the applicant had realized an unusually large capital gain from sources other rJhan the United Nations and had paid United States federal income tax of nearly $22,300 on taxable income of approximately $60,000. The applicant had the option under the United States Internal Revenue Code to compute his tax under the "income averaging method"—according to which his tax for the "computation" year was in effect based, subject to various adjustments, on an averaging of his taxable income for the "computation year" with his taxable income for the four preceding years. One might have expected the applicant to have utilized that option, since his taxable income for 1973 had greatly exceeded his taxable income for each of the base period years. However, the Tribunal noted, a taxpayer using the income averaging method was required by the Internal Revenue Code to include in the taxable income of each of the five years all the income earned by him abroad which was ordinarily excluded from taxable income by virtue of the $25,000-exclusion mentioned above. The applicant therefore had not applied the income averaging method since the total taxes he would then have had to pay for the period 1969-1973 would have exceeded the amount he had actually paid for 1973 by applying the other method. However, in the notional tax return which he, like any staff member in his situation, was required to file—in addition to his tax return for the United States tax authorities—for purposes of calculating the amount reimbursable by the United Nations, the applicant had used the income averaging method to determine the notional income tax and had reached the conclusion that the United Nations owed him a refund of $9,300. The respondent conceded that income averaging could be used but contended that the applicant should have included United Nations income in the calculations, which the applicant had not done. The respondent's contention was based on the provisions of the Internal Revenue Code mentioned above, which provided that in income averaging there must be included, in the income of the years involved, foreign earned income, up to $25,000 a year of which was ordinarily excluded from taxable income. The Tribunal stated the following regarding this arrangement: "Needless to say, [the Internal Revenue Code] contains no such provision as to including income from the United Nations in the averaging process, and the Applicant's notional income averaging return was compiled in strict accordance with [the relevant] Information Circular... and in strict accordance with the Internal Revenue Code as applied to his non-United Nations income. "The respondent argues in effect that the purpose of the United Nations refunding procedure is to place a United States citizen in the same position he would be in if the United States had acceded to the Immunities Convention, thereby exempting income from the United Nations from taxation, and that if the United States had so acceded it would have provided that income from the United Nations would have to be included in income averaging. This is pure conjecture, and irrelevant as regards a notional return which precisely complies with the [above-mentioned] Information Circular, prepared by the respondent and binding upon him. » "If the United States were to accede to the Immunities Convention without reservation, income from the United Nations would, by treaty, be completely 137 exempt from United States income tax, and it would presumably be a violation of that treaty if tax exempt income were to be included in any income averaging calculation—since such inclusion would have the effect of increasing the taxpayer's tax. In point is the memorandum of the Legal Counsel of the United Nations, dated 16 October 1969, directed to the Director of the Accounts Divi- sion, Office of the Controller (United Nations Juridical Yearbook, 1969, p. 226), holding that a Member State which is a party to the Immunities Convention may not take income received by a United Nations staff member from the United Nations into account in establishing the rate of tax on the staff member's non- exempt income; to do so would make the exempt income part of the legal base for taxation, which would constitute taxation on United Nations salaries forbidden by the Immunities Convention. The memorandum points out that UNESCO has taken the same position and that the Court of Justice of the European Com- munities has held likewise with respect to the virtually identical language of the Protocol on the Privileges and Immunities of the European Coal and Steel Com- munity. "The respondent's conjectures as to what the United States might do if it were to adhere to the Immunities Convention without reservation are therefore not only irrelevant but contrary to what would be the legal position." The Tribunal consequently found that the respondent was required to reimburse the applicant the disputed sum—approximately $3,300—plus interest at the rate payable under the Internal Revenue Code.

B. Decisions of the Administrative Tribunal of the International Labour Organisation40- 41 1. JUDGEMENT No. 248 (5 MAY 1975): NOWAKOVSKI v. WORLD METEOROLOGICAL ORGANIZATION Complaint against a decision to terminate a permanent appointment for unsatisfactory services

40 The Administrative Tribunal of the International Labour Organisation is competent to hear complaints alleging non-observance, in substance or in form, of the terms of appointment, and of such provisions of the Staff Regulations as are applicable to the case, of officials of the International Labour Office and of officials of the international organizations that have recognized the competence of the Tribunal, namely, as at 31 December 1973, the World Health Organization (including the Pan American Health Organization (PAHO)), 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 Interim Commission for the International Trade Organization/General Agree- ment on Tariffs and Trade, the International Atomic Energy Agency, the World Intellectual Property Organization, the European Organization for the Safety of Air Navigation, the Universal Postal Union, the International Patent Institute, the European Southern Observ- atory, the Intergovernmental Council of Copper Exporting Countries, the European Free Trade Association and the Inter-Parliamentary Union. The Tribunal is also competent to hear disputes with regard to the execution of certain contracts concluded by the International Labour Office and disputes relating to the application of the Regulations of the former Staff Pensions Fund of the International Labour Organisation. The Tribunal is open to any official of the International Labour Office and of the above-mentioned organizations, even if his employment has ceased, and to any person on whom the official's rights have devolved on 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 on which the official could rely. 41 Mr. M. Letourneur, President; Mr. A. Grisel, Vice-Président; Lord Devlin, Judge. 138 The complaint impugned the decision of the Secretary-General of the Organ- ization to terminate her permanent contract on the grounds of unsatisfactory services. On the grounds that a medical board had recognized that she was suffering from total disability, she maintained that the impugned decision was based on an error of judgement and of law; she also contended that the proper procedural safeguards had not been respected. The Tribunal found that the complainant had received several warnings that if her services did not improve, the Organization would feel bound to dismiss her; she could not therefore properly maintain that she was dismissed suddenly, without warning and in ignorance of the reasons for dismissal. Moreover, she had had every opportunity to examine all the documents in her file and to submit her case, and had thus enjoyed all the formal and procedural safeguards stipulated by the terms of her appointment and general principles of law. As for the real reason for the decision to dismiss her, the Tribunal found that it appeared clearly from the complainant's medical examinations that she was not unfit for work, as indeed she had consistently maintained until her dismissal. Furthermore, the Organization had consistently contended that the complainant had done nothing to warrant disciplinary action. On the other hand, it was clear from the file that in her successive assignments she had shown incompetence. The Organization had acted lawfully in invoking unsatisfactory services as grounds for the decision of dismissal. The Tribunal consequently dismissed the complaint. 2. JUDGEMENT No. 249 (5 MAY 1975): NOWAKOVSKI v. WORLD METEOROLOGICAL ORGANIZATION Complaint against a decision to dismiss a request for reconsideration of a claim for compensation for illness attributable to the performance of official duties— Discretionary power of the Secretary-General in his exercise of the right conferred upon him by article 9 of the Statute of the Administrative Tribunal The complainant had made a claim for compensation for illness attributable to the performance of her official duties and that claim was rejected. She subsequently submitted a request for reconsideration of her case producing, as a "new fact" which would enable the procedure for the reopening of cases in accordance with article 9 of appendix D of the Staff Rules to be instituted, a medical report which found that her disability was attributable to the performance of her official duties at WMO. Having examined the report in question, the medical adviser of the international organizations stated that there was no new fact which warranted reopening the case and the Secretary-General dismissed the above-mentioned request. The Tribunal noted that the decision which the complainant was seeking to have reconsidered had not been the subject of an appeal to the Administrative Tribunal within the statutory time-limits and was no longer open to appeal unless there was a petition for review and unless the Secretary-General exercised his power to reopen the case. The Tribunal found, first, that the complainant was putting forward no argument to warrant a petition for review, which was an exceptional form of legal redress, and, secondly, that, in view of the terms of article 942 of appendix D to the Staff Rules and of the principle that final administrative decisions might not be interfered with, the exceptional power conferred on the Secretary-General by the article in question was a

42 That article reads as follows: 'The Secretary-General, on his own initiative or upon the request of a person entitled to or claiming to be entitled to compensation under these rules, may reopen any case under these rules, and may, where the circumstances so warrant, amend in accordance with these rules any previous award with respect to future payments." 139 purely discretionary power. In the case before it, the report produced as a "new fact" was based solely on the complainant's own statements and in so far as the facts on which it was based were correct they had been known when the Secretary-General took his decision. Since the impugned decision was not vitiated by any of the defects which the Tribunal is empowered to censure when it has cognizance of a decision made in exercise of the discretionary authority of its author, the Tribunal dismissed the complaint. 3. JUDGEMENT No. 250 (5 MAY 1975): REDING v. UNIVERSAL POSTAL UNION Complaint against a decision denying the applicability of the benefits provided for in appendix D of the Staff Rules to the holder of a contract containing a provision on compensation in the event of illness The complainant, a technical assistance expert with a fixed-term appointment, had during the period of his employment suffered a myocardial infarction. His letter of appointment had stipulated that if he fell ill, he would be entitled to the compensation prescribed under the special insurance scheme applied by UPU to experts on technical assistance projects. Before the Tribunal, the complainant maintained, first, that apart from the benefits to which he was entitled under his contract in the event of illness, he could avail himself of the provisions of appendix D of the Staff Rules and, secondly, that he should be granted further compensation because his illness had been caused by abnormal fatigue attributable to the conditions in which he had had to work. As to his first contention, the Tribunal held that the benefits prescribed in the complainant's contract in the event of illness clearly excluded those set out in appendix D of the Staff Rules. As to his second contention, the Tribunal noted that it was debatable whether the relevant clause of the contract applied to all cases of illness contracted during his period of service, whatever their nature or origin, or should be taken to apply only to illness directly attributable to the performance of his duties by reason of their particularly demanding nature. It found that, assuming that the latter interpretation was correct, the complainant would be entitled, apart from the benefits prescribed in his contract and in accordance with the general principles of liability in public law, to full compensation for any injury suffered by him and its direct consequences, such as permanent or temporary disability. Assuming in the complainant's favour that the second interpretation was correct, the Tribunal noted that the heart specialist in the complainant's Administration had found that the duties performed had a bearing on his illness only in so far as his allegation that he was overworked could be proved. In the Tribunal's opinion, the documents showed that the complainant's duties, however demanding and difficult they might have been, had not in themselves required him regularly to work longer hours than might reasonably have been expected of a staff member in a managerial position. Moreover, the illness in question had left no mark on him and had not prevented him from resuming his normal work in his national Administration or, indeed, from obtaining promotion. The complainant had therefore suffered no injury which might entitle him to claim compensation over and above the expenses already defrayed by UPU. 4. JUDGEMENT No. 251 (5 MAY 1975): DE SANCTIS v. FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Complaint against a decision to reject the application for a permanent post of a person who had worked for the Organization for several years on fixed-term appoint- 140 ments—Limits of the Tribunal's power to interfere with such a decision and with a decision not to renew a fixed-term appointment The complainant, who had worked for several years in FAO on fixed-term appointments, applied for a permanent post. Having failed to obtain it, he appealed to the Director-General against the decision to appoint someone else to the vacant post. As the decision was confirmed, the complainant appealed to the FAO Appeals Com- mittee, which recommended that the Organization should reconsider the complainant's situation in order to determine whether he could not be given a permanent post and, failing that, that he should be paid a larger sum that the ex gratia payment of five months' salary already offered to him. The Director-General decided not to accept those recommendations. The Tribunal, when the case came before it, held that, contrary to the Organiza- tion's submission, it was required to rule on both the decision not to renew the fixed- term appointment and the decision not to appoint the complainant to the permanent post for which he had applied. It noted that the internal appeal had related to both questions and that, since the internal means of redress had thus been exhausted, the complaint was receivable on both points. The Tribunal observed that a decision not to extend a fixed-term appointment or not to convert it into an indefinite appointment fell within the Director-General's discretionary authority and could therefore be quashed only if it had been taken without authority, violated a rule of form or procedure or was based on an error of fact/or of law, or if essential facts had not been taken into consideration, if it was tainted by abuse of authority or if a clearly mistaken conclusion had been drawn from the facts. In the opinion of the Tribunal, none of those defects existed in the case in question. A decision not to appoint a staff member to a vacant post was also discretionary and hence was not subject to interference by the Tribunal as a rule unless one of the defects mentioned in the preceding paragraph existed. The complainant's main argument was that he had served in FAO longer than the staff member who had in fact been appointed and, unlike him, had a university degree. The Tribunal observed, however, that length of service and educational qualifications were not the sole criteria; the most important one was fitness for the vacant post. The complainant's work had not always been fully satisfactory, whereas the successful candidate had been trained for the duties of the vacant post and had proved himself fully fit to perform them. In the circumstances, even though the decision might be open to question, the Director- General had not drawn any clearly false conclusions from the file. The Tribunal therefore dismissed the complaint. 5. JUDGEMENT No. 252 (5 MAY 1975): ROUTIER v. WORLD HEALTH ORGANIZATION Complaint seeking regrading of a post at a higher level on the basis of the duties associated with the said post—Limits of the Tribunal's power to interfere with decisions in the matter made by the Director-General on the basis of the Staff Manual The complainant, employed as a messenger at grade G-2, submitted to the Tri- bunal a complaint in which he maintained that he was wrongly being described and paid as a messenger when the duties assigned to him in official documents were clearly those of a door-keeper, i.e. duties to which, in accordance with the Staff Manual in force in 1973, G-3 grading was applicable. The Tribunal observed that it was for the competent body and, ultimately, the Director-General to grade each staff member. In all cases grading a post required 141 close familiarity with the conditions in which the incumbent worked and therefore constituted a discretionary decision with which the Tribunal could not in general interfere unless it was tainted with clearly proven defects. The complainant contended that as a messenger he had to perform the duties of a conference door-keeper (G-3 category) and consequently should have the same grade as the conference door-keepers. The Tribunal found, however, that among the duties assigned to the complainant under his post description, some (preparing meeting rooms and posting announcements of meetings) differed neither in nature nor in importance from the function assigned in the Staff Manual to messengers, namely, keeping meeting rooms in order. The other duties (co-ordination with other units and assisting the door-keeper in charge) were not covered by the definition in the Manual; however, in the opinion of the Tribunal, they were not sufficient to justify grading messengers at G-3, because they accounted for only a small part of a messenger's duties and, secondly, because they were performed by the messenger under the supervision of a door-keeper and therefore justified the difference in grade between the two categories of staff members. The Tribunal concluded that not only was the complainant's argument unfounded but there was no reason to suppose that in taking the impugned decision the Director- General had exceeded or abused his discretionary authority. The Tribunal consequently dismissed the complaint.

6. JUDGEMENT No. 253 (5 MAY 1975): JIMENEZ v. PAN AMERICAN HEALTH ORGAN- IZATION (PAHO) (WORLD HEALTH ORGANIZATION) The Tribunal recorded the withdrawal of suit by the complainant and awarded her $520 to meet the costs of filing her complaint.

7. JUDGEMENT No. 254 (5 MAY 1975): GLYNN v. WORLD HEALTH ORGANIZATION Complaint seeking to have periodic reports declared null and void—Purpose of periodic reports under the Staff Rules—Circumstances in which the Tribunal may endorse an allegation of bias against a supervisor The complainant asked the Tribunal, inter alia, to find null and void two periodic reports, one reading "work satisfactory" and the other containing the following statement: "As in previous reports, Dr. Glynn's experience and qualifications as a public health administrator are not questioned. However, Dr. Glynn's independent attitude towards the Regional Director, and his tendency to question or to criticize the instructions he is given are perturbing factors.". The complainant asked the Tribunal to find that the reports in question had not been formulated in accordance with the Staff Rules. He argued that the statement quoted above did not conform to the requirements of Staff Rule 430.2, according to which the purpose of periodic reports was to make "a formal evaluation of [the staff member's] performance and conduct and potentialities". The Tribunal, however, held that the words complained of should not be read literally but were to be taken to mean that the supervisor, except in the two respects specified, had no fault to find. The Tribunal added that it would not normally entertain complaints about the contents of periodic reports unless they showed a total misconception of the situation, which was not so in the case in question. The entry "work satisfactory" was an appraisal, and if the complainant had considered it inadequate, he had been at liberty to attach a statement to that effect. As for the allegation by the complainant that his supervisor had failed to discuss the content of periodic reports with him, the Tribunal found that 142 non-compliance with the requirements on that subject did not ipso facto invalidate the reports. The complainant also contended that the impugned reports had been prepared by a supervisor disqualified on the grounds of insufficient knowledge of the facts and personal prejudice. The Tribunal observed that in its Judgement No. 182 concerning the periodic report for the year 1968-1969 on the same complainant by the same supervisor,43 it had found that there had been no act or omission by the complainant to justify the criticism made in the said report that he had failed to act in accordance with the instructions drawn up in the Regional Office. Given that misjudgement, it was possible that the supervisor had again erred in making a similar criticism in the next periodic report on the complainant, but there was nothing to show that he had not expressed his honest opinion. For the Tribunal to interfere in the case of a periodic report, it was not enough to prove the existence of a preconceived opinion in the mind of the writer of the report, it also had to be shown that he had been actuated by malice. As to the allegation that the writer of the periodic reports had insufficient knowledge of the facts, the Tribunal found that the impugned appraisal was not necessarily irrelevant because its author had not visited the complainant's field of operations; even if that had been the case, the complainant would have been well advised to make that point in a statement attached to the report.

8. JUDGEMENT No. 255 (5 MAY 1975): GLYNN v. WORLD HEALTH ORGANIZATION Receivability of a complaint made directly to the Tribunal under article VII, paragraph 3, of the Statute of the Tribunal The complainant, a retired staff member, had requested a periodic report covering the last 11 months of his employment. With a covering letter dated 23 January 1974, he received a report worded "Work acceptable". In the belief that it was not a proper report, he had asked in a letter dated 20 March 1974 that his services should be evaluated by a qualified staff member who was not hostile towards him. He had received a reply that note had been taken of his letter. The Tribunal noted that the complaint was based on article VII, paragraph 3, of the Statute of the Tribunal, which provides that where the administration fails to take a decision upon any claim of an official within sixty days from the notification of the claim to it, the persons concerned may have recourse to the Tribunal. The Organiza- tion's contention appeared to be that a letter dated 23 January 1974 constituted a decision which the complainant should have challenged under the internal appeal procedures. But, in the view of the Tribunal, that letter was not expressed as a decision but as a letter enclosing a periodic report. The complainant had claimed what he called a proper report; he was within his rights in taking this course, and since the Director-General had failed to act upon his letter of 20 March, paragraph 3 of article VII of the Statute applied and the complaint was receivable. The Tribunal, nevertheless, dismissed the claim on the merits. If the Staff Rule concerning periodic reports was applicable to a staff member who had retired—and that was by no means certain—there could be no relief for a breach of it except by the payment of compensation, and it could not reasonably be claimed that the statement that the complainant's work during his last 11 months was acceptable could be in any way injurious to him.

43 See Juridical Yearbook, 1971, p. 180. 143 9. JUDGEMENT No. 256 (5 MAY 1975): CONWAY v. INTERNATIONAL LABOUR ORGANISATION

Issue by the Organisation of an attestation concerning a staff member — Power of the Tribunal to decide on the legality of such an act — Obligation of the Organ- isation, except in special cases, to advise the staff member concerned before providing information concerning him — Categories of documents to be placed by the Organ- isation in the personal file of staff members — Latitude allowed to the Organisation with regard to certain confidential documents The complainant complained that, in connexion with his divorce, the Organ- isation (1) issued to his former wife's lawyer an attestation containing information on his conditions of employment and his personal life, thereby violating, in his view, Staff Regulation 4.12; and (2) failed to place the said attestation in his personal file, thereby, in his view, again violating Staff Regulation 4.12. Furthermore, he objected to the establishment of confidential files concerning him. On the first claim, the Tribunal rejected the Organisation's argument that the issue of an attestation did not constitute a decision and could not therefore be impugned before the Tribunal. It observed that the complainant had disputed the right of the Organisation to issue such an attestation and that the Organisation had rejected the complainant's claim in several successive letters, including a letter of 4 April 1974 issued on behalf of the Director-General, and had stated in a letter of 13 May 1974 that the decision was final. There was no need for the decision in question to rule on the validity of an earlier decision; such a requirement would limit the power of the appeals body to intervene to decisions alone, to the exclusion of all other acts of the administration, and that would run counter to commonly held opinion. It was therefore immaterial whether or not the issue of an attestation was to be regarded as a decision. What was necessary was that the complainant should have an interest which was worth safeguarding if his complaint was to be received. But such an interest did exist, first, because the result of the claim for compensation submitted to the Tribunal was linked to the propriety of issuing the attestation and, secondly, because the complainant had an interest in securing a declaration of the unlawfulness of an act which might be repeated without his knowledge and without his having had the opportunity to dispute it. The Tribunal observed that although the information contained in the attestation could be deduced from the personal file, it could also readily have been obtained from other sources, such as publications of the Organisation or public records, and was therefore not confidential within the meaning of Regulation 4.12. It was therefore not a breach of that Regulation to communicate that information to the complainant's former wife. The Tribunal nevertheless held that in failing to inform the complainant that an attestation concerning him had been requested, the Organisation had failed to perform a duty by which it was bound. In its capacity as an employer bound to safeguard the lawful interests of its staff members hi so far as was compatible with its own interests and those of third parties, the Organisation was, as a rule and subject to certain exceptions (emergency, protection of overriding interests), bound to inform its staff members of requests for information about them before answering such requests, chiefly in order to enable them to prevent, if necessary, the injurious effects of the use of the information. Although that duty did not derive from any express provision, it was, as it were, the counterpart of the staff member's duty of loyalty towards the Organisation and was implicit in the Staff Regulations. In the case in question, the Organisation had all the more reason to consult the complainant in that it did not know the intended purpose of the attestation, and it should have been all the more prudent in view of its knowledge that the complainant was a party to divorce proceedings. 144 The fact that the attestation contained only information which was already known was not decisive: that fact would, at most, have relieved the Organisation of the duty to consult the complainant if the information sought had plainly not been of such a nature as to cause him any injury whatever, which was net the case since it involved a staff member who was a party to divorce proceedings and since in fact the attestation had given rise to certain legal expenses for the complainant. On the second claim, the Tribunal found that the purpose of establishing personal files was not only to keep the competent ILO bodies informed on each staff member's career, but also to give staff members access at any time to information on their professional situation, in particular, to reports on their work performance; the procedure had therefore been instituted, to a certain extent, in the interests of staff members, and it was open to the complainant to allege EL breach of the provisions applicable to the case. In that connexion, the Tribunal submitted that of the five categories of documents which, under Staff Regulation 4.12 should be included in the personal file, only the last was relevant to the case, i.e. "any other documents relating to measures officially taken or considered in connection with the official". The text could be very broadly interpreted (measures giving rise to rights or duties) or narrowly interpreted (any measures which might, whether closely or remotely, affect a staff member). On the basis of the purpose of the personal file described above, the Tribunal found that "documents relating to measures officially taken or considered in connection with the official" should be construed to mean documents which affected his professional situation. Accordingly, the Organisation was not bound to include the attestation in the complainant's personal file. The Tribunal also found the claim concerning the existence of confidential files receivable, since the complainant had an interest in ensuring that all documents concerning him should be included in his personal file, to which he had free access under Regulation 4.12. However, on the merits, it found that the Organisation, like any public administration, was entitled not to put in a staff member's personal file certain documents concerning him, since the revelation of certain information could be harmful not only to the interests of the Organisation or third parties but also to those of the staff member himself. That right should, of course, be exercised only in order to safeguard interests overriding the staff member's interest in consulting confidential documents. Similarly, the Organisation could not use confidential documents as a basis for taking a decision unfavourable to its staff members, but, unless there was a specific dispute, a staff member could not claim the right to examine documents which were not placed in his personal file. Consequently, the Tribunal (1) quashed the impugned decision in so far as it failed to acknowledge that the issue of an attestation to the complainant's former wife without consulting him beforehand constituted a breach of duty on the part of the Organisation; (2) ordered the Organisation to pay the complainant the sum of 1,000 Swiss francs; (3) dismissed the complainant's remaining claims.

10. JUDGEMENT No. 257 (5 MAY 1975): GRAFSTRÔM v. FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Complaint seeking an increase in a retirement pension to the level it would have reached if the recipient had not been promoted during her period of employment from the General Service to the Professional category — Interpretation of staff rule 302.2103 as protecting staff members from possible adverse effects on their pension rights of a promotion The complainant, after completing many years of service in the General Service category, had been promoted to the Professional category at grade P-l. She had found 145 that the promotion had the effect of reducing her pensionable remuneration. The Administration had then regraded her retroactively at P-2 so that her promotion would produce an increase in her pensionable remuneration. In the meantime, however, General Service salaries had been increased and the complainant had realized that her pension would be much smaller than that due if she had remained in her former category. The Tribunal, when the case came before it, noted that the two categories of staff members had separate salary scales and were subject to different systems of calculation for adjustments to meet cost-of-living increases and so forth. The problems arose from the fact that there was no relationship between the two systems and were made even more difficult by the fact that there were in the Staff Rules three separate special provisions, all of which were obviously intended to deal with the situation and which were not related to each other. The first rule (Manual provision 311.231) dealt with "salary upon promotion": it provided that when a staff member was promoted to a higher grade, he was to be treated at least as well financially as if, instead of being promoted to a new grade, he had been moved up a step in his old grade. The Staff Rules contained another set of provisions dealing with the situation in which promotion from the General Service to the Professional category resulted in a decline in pensionable remuneration. They were as follows: "302.3102 When at the time of a staff member's promotion from the General Service category to the Professional category his pensionable remuneration would otherwise have been lower, special arrangements may be made to maintain the said remuneration at its previous level." "302.442 When the pensionable remuneration of a staff member is reduced as a result of his promotion from the General Service category to the Professional category, the said remuneration may, at his request, remain at its previous level (with the staff member and the Organization making their contributions accordingly) until such time as it is overtaken, through increments, by the level of his pensionable remuneration in the new category. At the time of promotion, the staff member shall be informed in writing of his right to exercise this option." The problem in the case in question was whether the rules cited above applied only to the present, that is, to the situation arising at the date of promotion, or whether they were applicable to the future, that is, to a change in the situation arising after promotion. After the complainant's promotion the changes which occurred in salary scales and adjustments in the General Service category were more beneficial to staff than those which ocurred in the Professional category. When the complainant retired at grade P-2, step VIII, her final average pensionable remuneration was $15,157; if she had remained in her former category, the corresponding amount would have been $17,244, which would have entitled her to an annual pension $1,157 higher than that she received. If the rules were given a strict and literal interpretation, the complainant had to accept that consequence as an unexpected misfortune. The Tribunal noted, however, that rule 302.3102 lent itself to being interpreted as applying to the future as well as to the present. Such a wide interpretation was necessary in order to give effect to what was clearly the object of such rules, namely, to ensure that a staff member did not suffer from promotion. Moreover, the comparative increase in the salaries and related benefits in the General Service category was a fairly recent development. Rules of the type under consideration had been framed to take account of that development, but it had obviously not been foreseen that it might affect the future as well as the present. It could hardly be believed that, if the scope of the development had been foreseen, the rule would not have been 146 framed broadly enough to cover the future as well as the present. Finally, if the rules had to be construed literally, the result would be that they both dealt with the same situation, i.e. the present, in different and conflicting ways. The conflict was avoided if one, rule 302.442, which dealt with known facts, was interpreted as dealing with the present and the other, rule 302.3103, was interpreted as dealing with the future as well as the present. If the words "at the time of" were construed as meaning "at the time of and after" and the words "at its previous level" were construed as meaning "at the level which it would otherwise have reached", the words "to maintain" could be given their full effect as relating to the future as well as to the present. The Tribunal therefore remitted the case to the Director-General to enable him to make such special arrangements as might be appropiate to ensure that the complainant's pension was not less than it would have been if, at the time of her retirement, her pensionable remuneration had been that of her former category. 11. JUDGEMENT No. 258 (27 SEPTEMBER 1975) : CANTAL-DUPART v. UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION Summary dismissal of a complaint submitted after the expiry of the time-limit The Tribunal found that the complaint impugning a decision taken on 18 June 1974 had been lodged on 21 October 1974, i.e., after the expiry of the time-limit set by article VII, paragraph 2, of the Statute of the Tribunal. It therefore declared the complaint irreceivable in accordance with article 8, paragraph 3, of its Rules of Court, which provide that a complaint which is clearly irreceivable may be summarily dismissed without the respondent organization's being asked to reply on the merits. 12. JUDGEMENT No. 259 (27 SEPTEMBER 1975): AL JOUNDI v. INTERNATIONAL TELECOMMUNICATION UNION Irreceivability of a complaint impugning a decision which had become final because it had not been impugned within the prescribed period The complainant had been informed by the Secretary-General in a letter dated 26 March 1974 that his fixed-term appointment, which was due to expire on 31 August 1974, would not be renewed. On 16 August 1974 he had sent a letter to the Secretary-General asking him for a final decision. The Secretary-General had confirmed on 19 August 1974 that the complainant had been notified of the final decision not to renew the appointment on 26 March; to a similar request dated 22 August the Secretary-General had replied to the same effect in a letter of 23 August. The Appeal Board had found that the appeal was time-barred and added that, even if the appeal had been receivable, it would have been unfounded. On 30 Sep- tember 1974 the Secretary-General had communicated the Board's conclusions to the complainant. The complainant had lodged a complaint with the Tribunal on 17 De- cember 1974 impugning the "decision" of 30 September 1974 and asking that the "decision" of 19 August 1974 should be quashed. The Tribunal held that the letter of 26 March 1974 had constituted a decision not to renew the appointment and had thus determined that date as the date of termination of the contractual relationship between the complainant and the Union. That decision had been detrimental to the complainant, who had had, under Staff Rule 11.1.1, a period of six weeks in which to appeal against it. No appeal having been lodged within that period, the decision had already become final when the complainant asked for a review of his case. The Secretary- General, and subsequently the Appeal Board, had therefore acted lawfully in dis- missing his request. The Appeal Board had also been right in taking the view that no exceptional circumstances existed entitling it to allow a derogation from the time- limit prescribed in the above-mentioned Staff Rule. 147 13. JUDGEMENT No. 260 (27 OCTOBER 1975): MOFJELD v. FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Complaint seeking to quash a decision terminating the employment of the holder of a fixed-term appointment for "unsuitability for a post" The complainant, an expert holding a fixed-term appointment, had been a member of an FAO team working on a technical assistance project in close collaboration with a government agency in the recipient country. As a result of friction, the chairman of that agency had informed the UNDP Resident Representative in the country in question that it would be better for the project if the complainant were withdrawn. He had also written to the Director of the substantive division of FAO to which the complainant was attached asking for his early recall. In view of the circumstances, the Organization had decided that the complainant should be recalled; there being no other suitable post vacant, his services had been terminated in accordance with FAO Manual provision 370.831 (v), which reads: "Experts may be terminated:

"(v) For reasons of unsuitability for a post or assignment, no appropriate reas- signment being available in the programme (acceptability to a Government is a condition of suitability)." The Appeals Committee had held that the complainant's recall and consequent termination were contrary to the Manual provisions cited and had made a number of recommendations in favour of the complainant. The Director-General had nevertheless upheld his original decision. The Tribunal held that the complainant had been removed from his post because he had incurred the displeasure of the government official in charge of the project to which he was attached. It did not appear from the file that the complainant was to blame: the Organization itself recognized that in practice instances of conflict between staff members in the field and members of the counterpart staff of national authorities inevitably arose. The conflict might sometimes be due to circumstances beyond the control of the staff member concerned. Under the Manual provision cited above the Organization had been entitled to terminate the complainant's appointment if he was unacceptable to the Government of the recipient country or, in general, if he was unsuitable for his post on some other ground. The first condition would have been fulfilled by a statement from the Government that he was "persona non grata". In fact, there was no evidence that the official who had asked for the complainant's recall had been authorized to sp^ak for his Government. As to the second condition, the Organization contended that the complainant's unacceptability to the national official in charge of the project had made him unsuitable for his post. The Tribunal considered that that gave too broad a meaning to the word "unsuitable", so that the second condition was also not fulfilled. It concluded that there was no justification for the termination of the complainant's appointment and quashed the impugned decision.

14. JUDGEMENT No. 261 (27 OCTOBER 1975): REMONT v. FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Complaint seeking to attribute liability to the Organization for loss or deterioration of personal property and to obtain compensation for delay in the payment of sums owed by the Organization The complainant asked the Tribunal, inter alia, to order the respondent Organ- ization to pay him (1) $1,200 as compensation for loss incurred owing to the loss or 148 deterioration of his property, for which, in his view, the Organization should be held liable in that it had prevented him from going to the place concerned to take the necessary measures; (2) 38,000 Belgian francs as compensation for loss owing to delay in the payment of various sums by way of salary, allowances and reimbursement of expenses incurred. As to the first claim, the Tribunal held that it did not relate to the non-observance by the Organization of the complainant's terms of appointment and consequently fell outside the Tribunal's jurisdiction. As to the second claim, the file did not show that, except in one case, the delay had been unreasonable. In the one case of undue delay, the Organization had paid interest at the rate of 10 per cent. The complainant's second claim was therefore unfounded, and the Tribunal consequently dismissed the complaint.

15. JUDGEMENT No. 262 (27 OCTOBER 1975): LABADIE v. INTERNATIONAL PATENT INSTITUTE Complaint seeking to have a promotion granted on the basis of a specific administrative rule granted on the basis of another rule more favourable to the complainant — Distinction, with respect to the Tribunal's power of review, between decisions establishing such rules and subsequent individual decisions to apply them — Interpre- tation of the texts in question The complainant had joined the service of the International Patent Institute as a probationer at grade A8 on 1 September 1971; his appointment had been confirmed and he had been classified at grade A7, step 1, on 31 August 1972, with effect from 1 January 1972; with effect from the same date he had been granted an additional service benefit of 24 months which, because of the retroactive effect of his classifi- cation at grade A7, step 1, was tantamount to additional seniority of 16 months at that grade and step; by a decision of 11 November 1974 he had been promoted to grade A6, step 1, with effect from 1 September 1974. On 20 December 1974 he had requested the Director-General to review that decision with a view to having the promotion take effect from 1 January 1974, in pursuance of section 2.1.b of the criteria for promotion adopted by the Careers Committee., and not from 1 Septem- ber 1974, in pursuance of section 2.1.a of those criteria.44 Since he had not gained satisfaction, he had lodged his complaint with the Tribunal. The Tribunal considered article 25 (1) of the Staff Regulations, which reads as follows: "Promotion is granted by decision of the Director-General. The staff member who is promoted is appointed to the next highest grade in the category to which he belongs. Promotion is effected solely by selection from among staff members who have a minimum seniority in their grade after a comparative review of the merits of those qualified for promotion and of reports on them."

44 Section 2.La of the criteria reads: "Staff members who have not later than 1974 reached grade A7, step 3, and are deemed to have shown sufficient merit, i.e., to have obtained performance marks of at least 15 for each of the years 1971, 1972 and 1973 or a performance mark of at least 16 for 1973, as confirmed by their performance reports, shall be promoted to grade A6 on the date proposed by the competent committee." According to section 2.1.b of the criteria: "Staff members who in 1974 have 12 months' seniority at grade A7, step 2, and have obtained a performance mark of at least 15.5 in 1972 and 16.5 in 1973, as confirmed by their performance reports, shall be promoted to grade A6 on the date proposed by the competent committee." 149 The effect of that provision, particularly the word "selection", was that as a rule the decision whether or not to promote a staff member fell within the discretionary authority of the Director-General and was therefore subject to only limited review by the Tribunal. It had to be borne in mind, however, that, instead of granting promotion on the merits of each case, the Director-General might lay down beforehand criteria for promotion and communicate them to the staff. The formulation of such criteria was within the discretionary authority of the Director-General, and the Tribunal, if it had to determine their validity, would have only a limited power of review. Nevertheless, in applying the rules, the Director-General was bound to observe the criteria which he had established; to infringe them would accordingly be regarded by the Tribunal as a defect which warranted quashing the impugned decision. The question was, therefore, whether the impugned decision was in conformity with the criteria adopted by the Director-General. While admitting the applicability of section Z.I.a of the criteria, the complainant claimed that he was covered also by section 2.1.b, which was more favourable to him in that it would cause his promotion to take effect from 1 January 1974. The Tribunal held that if staff members with 12 months' seniority in 1974 at grade A7, step 2, met the condition relating to seniority, so a fortiori did the complainant, who by 1973 had already been at that step for 12 months. Moreover, since the complainant had obtained performance marks of 16 in 1972 and 16.5 in 1973, he met the condition relating to performance. He was therefore entitled to claim the application of section 2.1.b in his favour. The Tribunal held that, contrary to the Institute's contention, the absence of the words "not later than" in section 2.1,b did not mean that the provision applied only to staff members who had the required seniority in 1974, to the exclusion of those who had had it earlier. Whether intentional or not, the difference between the two texts did not necessarily mean that the solutions should also be different, unless that difference was based on objective reasons. The Institute contended that since section 2.1.b took account of performance as well as of seniority, to grant the complainant the benefit of that section would be to overlook the importance of performance. But the complainant had met the performance requirements of section 2.1.b in 1972 and 1973, so that there was no need to consider whether, had that section been applicable in 1973, he would have met the performance requirements during the previous two years. It was his position in 1974 which had to be determined and not the position he would have been in earlier. Furthermore, the Institute's interpretation produced the unwarranted result that the complainant would be deprived of the benefit of section 2.1.b on the grounds that on confirmation of his appointment he had received some months' service benefit too many. Clearly the appraisal of his performance which had secured the complainant such a benefit on the termination of his probation could not stand in the way of his subsequent promotion. The Tribunal held that the complainant was justified in contending that both sections 2.1.a and 2.1.b were applicable in his case and, considering that he was entitled to rely on the provision more favourable to him, decided that he was promoted from grade A7 to grade A6 with effect from 1 January 1974 and ordered the Institute to pay him interest at the rate of 6 per cent per year on the overdue sums with effect from the dates on which they ought to have been paid.

16. JUDGEMENT No. 263 (27 OCTOBER 1975): ANDARY v. INTERNATIONAL PATENT INSTITUTE Complaint against a decision depriving staff members who have resigned of the right to promotion — Limits of the Tribunal's power of review with respect to such decisions 150 The complainant, whom the Careers Committee had on 20 September 1974 recommended for promotion with effect from 1 January 1974, had by letter of 30 Sep- tember 1974 submitted his resignation, which had been accepted with effect from 31 December 1974. On 14 November 1974 the Director-General had distributed to all staff members of the Institute a "staff circular" giving the list of promoted staff members and stating the criteria on which promotions had been based. It was stated in the circular that the Director-General had adopted the criteria on which the Com- mittee had based a recommendation for promoting the complainant, but the following "remark", which applied to him, had been added: "Staff members who have resigned or have been granted leave for reasons of personal convenience are not considered for promotion." For that reason the complainant had not been included in the list of staff promoted. In a letter of 26 November 1974 the complainant had asked the Director-General to promote him but that request had been refused on 4 February 1975. On 31 January 1975 he had lodged a complaint with the Tribunal. The Tribunal found the complaint receivable in accordance with article VII, paragraph 3, of its Statute, inasmuch as the complainant had not received a reply to his letter of 26 November 1974 within the prescribed time-limit of 60 days. As to its power of review, the Tribunal reiterated the argumentation summarized in the second paragraph of subsection 15 above. In the case before it, the laying down by the Director-General of the rule in the "remark" cited above was within his discretionary authority. The Tribunal was required to determine the validity of the rule, in other words, to decide a matter within the scope of its limited power to review. Contrary to the complainant's contention, a decision not to promote staff members who have resigned was not tainted with any defect which entitled the Tribunal to interfere. First, the recommendations of the Careers Committee were not binding on the Director-General, who could modify the criteria submitted to him by the Committee or limit their application ratione personae. To claim that the Director- General was bound by some sort of quasi-contractual agreement to accept the Careers Committee's recommendations was to misunderstand the nature of the relationship between the Institute's supreme executive body and a purely advisory body. Lastly, in refusing to promote staff members who had resigned, the Director-General had not drawn any clearly mistaken conclusion from the position of such officials: either the promoted staff member was given in addition to a salary increase, new duties or greater responsibilities, which in the case in question could not happen, as the estaff member who had resigned would have remained for too short a time in his new post to perform the duties expected of him, or the promoted staff member simply obtained an increase in salary, in which case the purpose of the promotion was not merely to reward the official for past and present performance but also generally to encourage him to remain in the service of his employer, so that in the latter case the refusal to promote was again justified.

17. JUDGEMENT No. 264 (27 OCTOBER 1975): RABOZÉE v. EUROPEAN ORGANIZATION FOR THE SAFETY OF AIR NAVIGATION Complaint seeking reimbursement of medical expenses incurred in respect of the complainant's spouse and a dependant — Case of a household in which one spouse benefits as a staff member of the Organization from a sickness insurance scheme which is more favourable than that covering the other spouse — Identical rights of male and female staff members with respect to such benefits The complainant, whose husband was an employee of Belgian National Railways (SNCB), had unsuccessfully sought, on the basis of article 72 of the Service Regula- tions, to have medical expenses incurred by her in respect of her husband and son 151 reimbursed, subject to the deduction of amounts already recovered from the sickness insurance scheme of SNCB staff. The Tribunal considered article 72, paragraph 1, of the Service Regulations which reads as follows: "Subject to a maximum of 80 per cent of the expenses incurred and to the rules laid down by the Director-General, the staff member and his spouse, children and other dependants are covered by sickness insurance. The maximum is, however, increased from 80 to 100 per cent in the case of tuberculosis, poliomyelitis, cancer, mental illness and other illnesses recognized by the authorities competent to make such declaration as being of similar gravity. A third of the contribution towards the cost of such insurance is borne by the insured person, provided that it shall not exceed 2 per cent of his basic salary." The Tribunal noted that under that provision a staff member's spouse was one of the persons who might be regarded as a staff member's dependant and as such was covered by sickness insurance. In its view, such an interpretation of article 72, paragraph 1, reflected the real position of spouses, who owed each other mutual assistance and who, when both were gainfully employed, might be regarded as mutually dependent. Moreover, the provision was expressed in general terms and, according to the general principles of existing law, was applicable even in the absence of express provision, irrespective of the sex of the staff member. Accordingly, if the staff member was a woman, her husband should benefit in his wife's right from sickness insurance as prescribed in article 72 cited above if he did not himself benefit in his own right from a more favourable or at least equally favourable insurance scheme. The Tribunal consequently ordered reimbursement by the Organization to the complainant of the difference between the amount to which she was entitled in respect of her husband and the amount to which her husband was entitled as an employee of SNCB.

152 Chapter VI

SELECTED LEGAL OPINIONS OF THE SECRETARIATS OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZATIONS

A. Legal opinions of the Secretariat of the United Nations (Issued or prepared by the Office of Legal Affairs) 1. FORMS OF ASSOCIATION OF STATES WITH THE UNITED NATIONS APART FROM FULL MEMBERSHIP QUESTION WHETHER STATES NOT MEMBERS OF THE UNITED NATIONS MAY BENEFIT UNDER THE TECHNICAL CO-OPERATION PROGRAMMES OF THE UNITED NATIONS FAMILY ON THE SAME BASIS AS MEMBER STATES Extracts from a letter to the Prime Minister of a Transitional Government As to forms of association with the United Nations, the Charter makes no provision except for full membership. Nevertheless, non-member States do participate in the work of certain United Nations bodies, which include inter alia the United Nations Conference on Trade and Development, the United Nations Industrial Development Organization, the United Nations Environment Programme and the United Nations Development Programme. Such participation is contingent upon membership in one of the specialized agencies or the International Atomic Energy Agency. The terms of reference of the Economic Commission for Africa do not presently provide for membership of independent States that are not members of the United Nations .... With regard to the question whether a State that is not a member of the United Nations may benefit under the social and economic programmes of the United Nations specialized agencies on the same footing as Member States, the answer is generally speaking in the affirmative provided that the State concerned is a member of one of the specialized agencies or of the International Atomic Energy Agency. This, however, does not hold true in the case of the International Bank for Reconstruction and Devel- opment and the International Monetary Fund since the resources and facilities of these institutions are, under their respective Articles of Agreement,1 available only to member Governments. It should be mentioned that the International Bank for Re- construction and Development on occasion acts as an executing agency for United Nations Development Programme projects and that in thai: capacity it does provide assistance to the Government or Governments concerned. 12 June 1975

2. QUESTION OF THE RESPONSIBILITY OF THE UNITED NATIONS FOR ACTIVITIES CON- DUCTED BY ONE OF ITS ORGANS IN THE TERRITORY OF A STATE Internal memorandum You have asked for information in relation to a provision of the draft articles

1 United Nations, Treaty Series, vol. 2, p. 39. 153 being prepared by the International Law Commission on State responsibility. This provision2 reads as follows: "The conduct of an organ of an international organization shall not be considered as an act of a State under international law by the mere fact that such a conduct has taken place in the territory of that State or in any territory under its jurisdiction." The carrying-out of activities by an organ or body of the United Nations in the territory of a State is normally subject to an agreement concluded between the State in question and the international organization concerned. The agreements relating to technical assistance programmes concluded between the United Nations or the specialized agencies and beneficiary Governments usually provide that the host country will hold harmless the international organization, its employees and agents.3 Agreements concluded for the conduct of peace-keeping operations contain provisions for the settlement of damages resulting from acts causing injury to third parties. Thus, the agreement of 27 November 1961 relating to the legal status, facilities, privileges and immunities of the United Nations Operation in the Congo (ONUC)4 stipulates in its paragraph 10(Z>) that "if as a result of any act performed by a member of the Force or an official in the course of his official duties, it is alleged that loss or damage that may give rise to civil proceedings has been caused to a citizen or resident of the Congo, the United Nations shall settle the dispute by negotiation or any other method agreed between the Parties and that if it is not found possible to arrive at an agreement in this manner, the matter shall be submitted to arbitration at the request of either Party." Under paragraph 10(c) the same procedure would apply to the settlement of civil disputes not related to official duties. The agreement concerning the status of the United Nations Peace-Keeping Force in Cyprus of 31 March 19645 provides in its paragraph 38(6) that: "(b) Any claim made by "(i) a Cypriot citizen in respect of any damages alleged to result from an act or omission of a member of the Force relating to his official duties; "(ii) the Government against a member of the Force; or "(Hi) the Force or the Government against one another, that is not covered by paragraphs 39 or 40 of these arrangements, "shall be settled by a Claims Commission established for that purpose." An identical provision is to be found in the agreement of 8 February 1957 concerning the status of the United Nations Emergency Force in Egypt.6 Pursuant to a provisional arrangement concerning the United Nations Emergency Force in Lebanon,7 "civil claims or disputes involving a member of the Force acting in the course of his official duty shall be settled in accordance with the provision of Article VIII of the Convention on the Privileges and Immunities of the United Nations." The above provisions regarding peace-keeping operations provide for submission of claims directly to the international organization for acts or omissions of members of the Forces.

2 Adopted provisionally by the International Law Commission at its twenty-seventh session as article 13 of the draft articles (see Official Records of the General Assembly, Thirtieth Session, Supplement No. 10 (A/10010/Rev.l), p. 39). 3 For examples, see Chapter II of this and previous editions of the Juridical Yearbook. * United Nations, Treaty Series, vol. 414, p. 229. 5 Ibid., vol. 492, p. 57; also reproduced in the Juridical Yearbook, 1964, p. 40. «United Nations, Treaty Series, vol. 268, p. 61. vol. 266, p. 125. 154 It should also be noted that claims against ONUC lodged with the United Nations by nationals of various countries were the subject of global settlements between the United Nations and the countries concerned. Agreements in the form of exchanges of letters were thus concluded with Belgium,8 Greece,9 Luxembourg,10 Italy,11 Swit- zerland12 and Zambia. In the exchange of letters with Belgium, on which subsequent agreements with other countries were patterned, the Secretary-General of the United Nations wrote as follows: "The United Nations has agreed that the claims of Belgian nationals who may have suffered damage as a result of harmful acts committed by ONUC personnel, not arising from military necessity, should be dealt with in an equitable manner. "It has stated it would not evade responsibility where it was established that United Nations agents had in fact caused unjustifiable damage to innocent parties." 10 June 1975

3. PROVISIONS OF THE HEADQUARTERS AGREEMENT BETWEEN THE UNITED NATIONS AND THE UNITED STATES OF AMERICA CONCERNING ACTION BY THE HOST STATE IN CASE OF ABUSE OF THE PRIVILEGES OF RESIDENCE GRANTED BY THE AGREEMENT —QUESTION WHETHER THE HOST STATE is REQUIRED IN SUCH A CASE TO CONSULT THE ORGANIZATION BEFORE TAKING ACTION Telegram to the Secretariat of the United Nations Conference on the Representation of States in their Relations with International Organizations13 Section 13 of the Headquarters Agreement14 concluded between the United Nations and the United States does not require the host Sta.te to consult the Organ- ization [before taking action in case of abuse of privileges of residence]. In practice, the Organization is always informed by the host State of its action and of the grounds therefore since otherwise the Organization cannot render the kind of assistance referred to in articles 22 and 53 [Assistance by the Organization in respect of privileges and immunities] of the International Law Commission's draft and cannot verify that the action of the host State is in conformity with the Headquarters Agree- 8 Ibid., vol. 535, p. 191; also reproduced in the Juridical Yearbook, 1965, pp. 39-40. 9 United Nations, Treaty Series, vol. 565, p. 3. i° Ibid., vol. 585, p. 147. 11 Ibid., vol. 588, p. 197. vibid., vol. 564, p. 193. 13 This telegram was sent in reply to a request for information in connexion with article 9 of the ILC's draft on the representation of States in their relations with international organizations (see Official Records of the General Assembly, Twenty-seventh Session, Supple- ment No. 10 (A/8410/Rev.l), Chapter II) which was the basic proposal before the Confer- ence and became in an amended form the Convention on the Representation of States in their Relations with International Organizations of a Universal Character. Draft article 9 read: "Subject to the provisions of articles 14 [on the size of the mission] and 72 [on nationality], the sending State may freely appoint the members of the mission." In the course of the Conference, amendments to this draft article were submitted (A/ CONF.67/L.1, L.18 and L.28 (see Official Records of the United Nations Conference on the Representation of States in their Relations with International Organizations, Official Documents (A/CONF.67/18/Add. 1—United Nations publications, Sales No. E.75.V.12)), the object of which was to allow the host State, after consultation with the sending State and the Organization, to notify the sending State and the Organization that the head or a member of the staff of the mission was no longer acceptable to the host State. 14 United Nations, Treaty Series, vol. 11, p. 12. 155 ment, i.e. not based on activities performed by the person concerned in his official capacity. Article 75 of the Commission's draft is worded only in terms of the duty of recall by the sending State and if article 9 is to provide for the right of the host State to expel—which is a different matter—it should in our view be limited to cases of abuse of privileges of residence in activities outside official capacity. In this connexion, we refer you to the observations of the Secretariat of the United Nations on the provisional draft articles adopted by the Commission in 1968, 1969 and 197015 as well as to the Secretariat study entitled "The practice of the United Nations, the specialized agencies and the International Atomic Energy Agency concerning their status, privileges and immunities".16 The Secretary-General's report to the General Assembly at its second session on the Headquarters Agreement states, with reference to Section 13(Z>): "This procedure is in line with that followed in diplomatic relations in the case of a serious offence committed by a diplomatic representative in the country to which he is accredited but can only apply within very narrow limits since the United States is the host country and not the country to which beneficiaries of article IV are accredited. "The procedure laid down in section 13 cannot, for example, be applied in the case of a persona non grata: there must have been some activity outside his official capacity coming within the scope of specific laws or regulations."17 In addition, the report of the Sub-Committee on Privileges and Immunities18 approved by the Sixth Committee and incorporated in its report to the General Assembly states: "The Sub-Committee considers that section 13(6) of the Agreement, providing for the application by the United States of America of the laws and regulations in force in its territory regarding the residence of aliens in the United States of America, should be construed to mean that before any person can be required to leave the country on charges of having abused his privileges, there must be really serious grounds which would preclude the possibility of unwarranted accusations against such a person. "The Sub-Committee also emphasized the importance of section 13(Z>)(i), which provides that before any demand is made for the departure of a particular person on the grounds stated in section 13(6), there shall be consultations between the United States authorities and the appropriate Government, in the case of a representative of such a Government, or between the United States authorities and the Secretary-General of the United Nations or the principle executive officer of the appropriate specialized agency in the case of any other person referred to in section II."19- 20 13 February 1975

15 Official Records of the General Assembly, Twenty-third Session, Supplement No. 10 (A/8410/Rev.l), pp. 143-145. 16 Reproduced in the Yearbook of the International Law Commission, 1967, vol. II, document A/CN.4/L.118 and Add.l and 2, pp. 181-182 and 199-200. 17 Official Records of the Second Session of the General Assembly, Sixth Committee, Annex 11, p. 331. 18 Established by the Sixth Committee at its 36th meeting in 1947 (ibid., p. 3). 19 Official Records of the Second Session of the General Assembly, Plenary Meetings, vol. II, p. 1521. 20 Article 9 of the ILC's draft articles was maintained without change by the Con- ference and became article 9 of the Convention on the Representation of States in their Relations with International Organizations of a Universal Character, reproduced on p. 92 of this Yearbook. 156 4. PRIVILEGES AND IMMUNITIES TO WHICH REPRESENTATIVES OF THE COUNCIL FOR MUTUAL ECONOMIC ASSISTANCE WOULD BE ENTITLED iisr THE UNITED STATES AS HOST STATE TO THE HEADQUARTERS OF THE UNITED NATIONS IN THE LIGHT OF GENERAL ASSEMBLY RESOLUTION 3209 (XXIX) Letter to the Permanent Representative of a Member State You have requested me to set out my views concerning the privileges and immunities to which representatives of the Council for Mutual Economic Assistance (CMEA) would be entitled in the United States, as host State to the Headquarters of the United Nations, in the light of General Assembly resolution 3209 (XXIX) of 11 October 1974 [entitled "Status of the Council for Mutual Economic Assistance in the General Assembly"]. I am happy to confirm what I have already mentioned to you orally. By its resolution 3209 (XXIX), the Assembly has requested the Secretary-General "to invite the Council for Mutual Economic Assistance to participate in the sessions and work of the General Assembly in the capacity of observer." The representatives of the CMEA, appointed pursuant to the invitation just mentioned, would benefit from the following provisions of the Headquarters Agreement between the United Nations and the host State: (i) section 11, which provides that the federal, state or local authorities of the United States "shall not impose any impediments to transit to or from the headquarters district of... persons invited to the headquarters district by the United Nations" and that "the appropriate American authorities shall afford any necessary protection to such persons while in transit to or from the headquarters district"; (ii) section 12, which provides that section 11 is applicable irrespective of relations between the Governments of the persons referred to in the latter section and the host State, and (iii) section 13, which provides that the host State shall grant visas "without charge and as promptly as possible" to persons referred to in section 11 and also exempts such persons from being required to leave the United States on account of any activities performed by them in their official capacity. In addition to the foregoing privileges and immunities, it is my belief that it necessarily follows from the obligations imposed by Article 105 of the Charter of the United Nations that a CMEA delegation would enjoy immunity from legal process in respect of words spoken or written and all acts performed by members of the delegation in their official capacity before relevant United Nations organs. The above privileges and immunities represent in my view the scope of such privileges and immunities which the host State is obliged under existing international instruments to accord to a CMEA delegation. The host State may, of course, as a matter of courtesy, extend a wider variety of privileges and immunities to the delegation. However, this is for the CMEA, or its members, to negotiate with the host State. 7 January 1975

5. JUDICIAL JURISDICTION AND LAW APPLICABLE IN THE HEADQUARTERS DISTRICT UNDER THE HEADQUARTERS AGREEMENT BETWEEN THE UNITED NATIONS AND THE UNITED STATES OF AMERICA Letter to a judge of the Criminal Court of the City of New York I am directed by the Secretary-General of the United Nations to refer to the 157 case against... in which a Security Officer of the United Nations Secretariat is the complainant. . . . the Court has requested legal memoranda from the United Nations Secretariat, as well as from the defendant, on the question of the Court's jurisdiction in the case. In compliance with the Court's request, I am directed to state the following. It is understood that the defendant's objection to the Court's jurisdiction relies on the fact that the alleged act was directed against United Nations property situated within the Headquarters District of the United Nations. The question of jurisdiction is governed by Article III, entitled "Law and Authority in the Headquarters District" of the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations. This Agreement is part of the law of the land, having been adopted as Public Law 357 by the Eightieth Congress, First Session;21 it appears at 22 U.S.C. 287. Article III, Section 7 (b) and (c) of the Headquarters Agreement provide: "(&) Except as otherwise provided in this agreement or in the General Convention, the federal, state and local law of the United States shall apply within the headquarters district. "(c) Except as otherwise provided in this agreement or in the General Convention, the federal, state and local courts of the United States shall have jurisdiction over acts done and transactions taking place in the headquarters district as provided in applicable federal, state and local laws." The proviso hi the two paragraphs quoted above regarding the agreement refers to Section 8 of the Headquarters Agreement, which empowers the United Nations to make regulations operative within the headquarters district. I am authorized to state that no regulation in the field of, or affecting the application of, criminal law has been adopted by the United Nations. Only three regulations have been adopted, relating to entirely different matters.22 The other proviso regarding the General Convention refers to the Convention on the Privileges and Immunities of the United Nations, approved by the General Assembly of the United Nations on 13 February 1946, and acceded to by the United States of America on 29 April 1970. This Convention, however, contains no provision which would afford immunity from legal process to the defendant nor does any of the provisions of the Convention limit the general principle of Sections 7(6) and (c) of the Headquarters Agreement, quoted above. In this connexion it is important to observe that the United Nations has no criminal jurisdiction or tribunals under any law or treaty. Therefore, if the Court were to treat acts of a criminal nature committed within the headquarters district as excluded from the jurisdiction of the federal, state or local courts of the United States, the consequence would be to create a jurisdictional vacuum in the sense that there would be no courts before which crimes could be tried. Such a situation would be to the advantage neither of the United Nations nor of the people of the State of New York.

21 See United Nations Legislative Series, Legislative Texts and Treaty Provisions concerning the Legal Status, Privileges and Immunities of International Organizations (ST/ LEG/SER.B/10—United Nations publication, Sales No.: 60.V.2), p. 134. 22 For the text of these three Regulations, entitled, respectively, "United Nations Social Security System", "Qualifications for professional or other occupational services with the United Nations" and "Operation of services within the Headquarters District", see General Assembly resolution 604 (VI) of 1 February 1952. 158 A precedent supporting the above reasoning is found in the case of People v. Nicholas Coumatos 224 NYS 2d 504. The Court in this case quoted in its entirety a letter from the United Nations Office of Legal Affairs relating to defendant's motion to dismiss on the ground that the court lacked jurisdiction over allegedly fraudulent transactions because such transactions had taken place within the headquarters district of the United Nations.23 For all the above reasons of law, it is our view that the jurisdiction of the courts of New York State is not affected by the question whether or not the alleged act took place inside or outside the headquarters district of the United Nations. The question of judicial jurisdiction within the headquarters district has been discussed in legal literature, inter alia in an article by Mr. Yuen-li Liang, entitled "Legal Status of the United Nations in the United States," International Law Quarterly, 1948-49, pp. 577-602, especially p. 596, and in a note entitled "Status of International Organizations under the Law of the United States," Harvard Law Review, 1957-58, p. 1300. Of particular interest is the information contained in the last mentioned note on page 1313, footnote 99, to the effect that "although the New York legislature authorized cession of jurisdiction over the land to be occupied by the United Nations, there was no cession. See New York Attorney General's Report 97 (1951)." 9 December 1975

6. COMMENTS ON THE JURIDICAL STATUS OF THE UNITED NATIONS DEMOGRAPHIC CENTRE IN BUCHAREST, IN THE LIGHT OF THE AGREEMENT BETWEEN THE UNITED NATIONS AND ROMANIA REGARDING THE ESTABLISHMENT OF THE CENTRE Memorandum to the Chief of the Operations Section, Population Programmes and Projects Office, Population Division, Department of Economic and Social Affairs 1. I wish to refer to your memorandum dated 11 March 1975 in which you relayed to me the request of the Director of the Demographic Centre in Bucharest, for the views of the Office of Legal Affairs "on the exact meaning of the Centre's having a juridical personality". 2. The Agreement between the United Nations and the Government of the So- cialist Republic of Romania regarding the Establishment of a Demographic Centre at Bucharest, signed 28 August 1974, entered into force upon ratification by Romania on 28 October 1974.24 As stated in your memorandum, the question of the Centre's juridical personality is the subject of Article I, section 5, of the Agreement reading: "The Centre shall have a legal personality distinct from that of the Parties, and shall not be considered as a body of the United Nations or of the Govern- ment. The Government shall publish statutory orders concerning the legal status of the Centre." 3. Considering that both Parties to the Agreement are themselves international entities, and since there is no indication to the contrary, the normal interpretation of section 5 is that the Parties intended to confer international legal personality on the Centre, on the understanding that the Centre should not be a subsidiary organ of any of the Parties. 4. Your memorandum and the request of the Director of the Centre, however, indicate that your query also concerns whether the Centre bas a juridical (or legal) 23 For a summary of the case, see Yearbook of the International Law Commission, 1967, vol. II, p. 233. 24 See Juridical Yearbook, 1974, p. 25. 159 personality under Romanian internal law in addition to the Centre's standing in international law. In this connexion, it is arguable that the Parties intended section 5 to confer legal personality only under international and not necessarily under Romanian law. But if so, the last sentence of section 5 according to which the Romanian Gov- ernment will publish the regulations determining the legal status of the Centre, would not have been required. Regulations issued by a Government could not authoritatively regulate an entity's legal status under international law in most respects, but if issued pursuant to and under the authority of the Agreement between the Parties (section 5, last sentence), such regulations would be a normal mode for determining the Centre's status in domestic law. 5. It appears therefore that the Centre was intended by the Parties as an international entity distinct from the Parties themselves. Moreover, the attributes of the Centre's international legal personality would be defined by, or derive from, the terms and purposes of the Agreement, and it is this personality which, in turn, the Romanian Government would recognize and the acts of which it would regulate for the purposes of Romanian internal law in the regulations referred to in the last sentence of section 5. Thus, the formal and substantive requirements applicable to the Centre's capacity to enter into contracts, to sue or be sued, etc. would be stated in the regulations to the extent required by Romanian internal law. 6. In view of the foregoing, the exact attributes of the Centre's legal personality could not be effectively described without detailed reference to Romanian law. While the Office of Legal Affairs will be prepared to render advice and counsel on such concrete questions as may arise, it is suggested that, whenever appropriate, such questions could with advantage be addressed in the first instance to the competent Romanian authorities. 24 March 1975

7. INSURANCE OF UNEF/UNDOF VEHICLES AGAINST THIRD PARTY LIABILITY—QUES- TION WHETHER UNITED NATIONS IMMUNITY FROM LEGAL PROCESS SHOULD BE INVOKED OR WAIVED, WHERE JUDICIAL PROCEEDINGS ARE INSTITUTED AGAINST THE UNITED NATIONS IN CONNEXION WITH MOTOR VEHICLE ACCIDENTS Memorandum, to the Chief, Salary and Allowances, Office of Financial Services 1. I refer to your memorandum of 10 March 1975. 2. There is a resolution of the General Assembly on the subject of third party liability insurance of United Nations motor-vehicles, namely resolution XIII.6(E) of 13 February 1946. As long as the resolution continues to apply, insurance of United Nations motor-vehicles against third party liability would be necessary. 3. The question whether United Nations immunity from legal process should be invoked or waived, where judicial proceedings are instituted against the Organ- ization, is, in our opinion, a matter that ought to be examined in the light of the facts of each case. A general position to the effect that United Nations immunity shall not be waived with respect to a certain category of third party liabilities, because the Organization does not carry insurance against such liabilities, may not be either reasonable or appropriate. Moreover, as arbitration of a claim may be necessary where United Nations immunity from suit is invoked, we should not assume that the invoking of immunity would be a non-expensive course or in every case the less expensive course. 4. Aside from the requirements of General Assembly resolution XHI.6(E), it is our view that third party liability insurance of UNEF/UNDOF vehicles should con- 160 tinue to be purchased. In this connexion, it should be kept in mind that the costs of defending third party claims whether in judicial or arbitration proceedings could be substantial: retention of a local counsel would in all probability be necessary in the more difficult cases; and, where personal injury is involved, costs of expert medical testimony would need to be considered as well. It should also be noted that to place a ceiling on the compensation that may be awarded in death or personal injury cases is difficult, and the compensation could be considerable. Moreover, we should not lose sight of the possibility, however remote that possibility may now appear to be, that a claimant in a death or personal injury case may be a national or a resident of a country outside the region where the compensation awarded in death or personal injury cases may be astronomical. A third element is, as you have noted, the additional burden which a system of non-insurance would place on already heavily worked United Nations offices, including the relevant field offices. Finally, we should keep in mind that the United Nations should be as free from unnecessary controversy as possible and that non-submission to the jurisdiction of a local court in a personal injury case may prove a controversial matter in the area concerned. 5. You are right in assuming that certain countries make purchase of third party liability insurance for a motor vehicle compulsory. We are not aware of what the requirements are under the law of the countries of the region. Should you wish to have the question clarified, the relevant United Nations field offices should be able to be of assistance. The Organization has not as yet concluded status of forces agreements with Egypt, Israel or Syria. Such agreements in the past have exempted United Nations vehicles from local vehicle registration requirements. 18 March 1975

8. ADVICE ON THE PROCEDURE TO BE FOLLOWED TO COLLECT COMPENSATION FOR DAMAGE CAUSED TO UNEF PROPERTY BY MEMBERS OF MILITARY CONTINGENTS Memorandum to the Chief, Field Operations Service, Office of General Services 1. I refer to your memorandum of 8 August 1975 requesting our comments as to whether UNEF may apply the policy of collecting moneys from military personnel through their Contingent Commanders with respect to damage caused by them to UNEF property. 2. While in general, Contingent Commanders have broad disciplinary authority, they have little or no authority to impose financial assessments upon members of the Contingents. The Financial element which may attach to the disciplinary powers of military commanders is limited and is more in the nature of a fine than of a compensation for damage. 3. Normally, a determination as to the financial assessment of military personnel lies with national jurisdictional organs and involves a judicial or quasi-judicial administrative process under domestic law. We believe that because of constitutional and structural requirements, it is unlikely that the exercise of such judicial or jurisdictional power would be or may be extended to Contingent Commanders. 4. Even if some Contingent Commanders were empowered to collect moneys for damage caused by members of the contingent to United Nations property and turn those moneys over to UNEF, the financial circumstances; of enlisted men would make it difficult or impossible in practice that assessments of a certain importance be satisfied. 161 5. Consequently, we consider that in the light of legal and practical considerations, it is advisable that damage to United Nations property resulting from acts or omissions of military members of Contingents should be settled internationally, namely through a direct relationship between the United Nations and the Govern- ment concerned. This conclusion is supported by the practice followed hi previous and existing peace-keeping forces; the situation is different in the case of United Nations military observers who are seconded to the United Nations in their individual capacity and can be assessed on emoluments paid to them by the United Nations. 6. A possible procedure to collect compensation for damage caused to United Nations property by members of Contingents may be that the assessments of the Property Survey Board, together with the proceedings of the Board and the opinion of the Contingent Commander, should be transmitted to the competent service at Headquarters, which in turn would either set up a debit against the Government concerned (applied to offset United Nations obligations to the said Government) or would submit a claim to the Government for reimbursement of the amount of damage involved. The refund to the Government by the military member concerned of the compensation would thus fall within the exclusive competence of such Gov- ernment, in accordance with its own legislation. 7. However, we see no objection to UNEF accepting compensation moneys collected by a Contingent Commander from military members of its Contingent and voluntarily paid to the Organization. 20 August 1975

9. "TRADE NAMES", "TRADE MARKS" AND "FRANCHISES" Note prepared at the request of the Under-Secretary-General for Political and Security Council Affairs 1. Trade name and trade mark Section 1(1 )(d) of the Model Law for Developing Countries on Marks, Trade Names, and Acts of Unfair Competition25 defines the term "trade name" as "the name or designation identifying the enterprise of a natural or legal person." The trade name of an enterprise may consist of the name of the owner, or it may be a pseudonym, an invented name, an abbreviation, a description of the enterprise, or some other designation.26 Whereas a trade name refers to an enterprise, the term "trademark" refers to goods.27 Section l(l)(a) of the Model Law defines "trademark" as "any visible sign serving to distinguish the goods of one enterprise from those of other enterprises". The goods may be manufactured products or natural products; they may be produced or merely sold by the owner of the mark, or may be distributed by him without charge, as in the case of wrappings or advertising materials.28 Many firms use their trade name as a trade mark on the products they produce or distribute. Nevertheless, the two concepts are legally distinct. The owner of a trade name or trade mark can license another party to use it in his own business. Such licensing is usually accompanied by further arrange- 25 Model Law drafted and recommended by the United International Bureaux for the Protection of Intellectual Property, BIRPI, Geneva, 1967. 20 Commentary to Section 1 of the Model Law by BIRPI, p. 16. 27 The Model Law also gives definition of the associated terms "service mark", "collective mark", "indication of source" and appellation of origin". 2S Commentary to Section 1 of the Model Law by BIRPI, p. 15. 162 ments and is frequently part of a "franchise contract" under which the franchisee pays for the benefit of sharing the franchisor's goodwill and the reputation of his products or services. Thus, agreements to operate service stations or retail outlets in accordance with the franchisor's detailed instructions have been called "rent-a- name" business.29 2. Economic and legal aspects of "franchising" The basis of the franchise system has been described as "a trademark com- bined with know-how and often coupled with special designs and special décor of the premises, both inside and out."30 The franchisee is often required to buy the supplies and materials he needs only from the franchisor or from sources specified by the franchisor. From these sales of supplies and materials the franchisor receives a profit which is in addition to the license fees which are usually charged for the use of the trade name or trade mark. The requirement that the franchisee purchase from designated sources also helps the franchisor maintain quality control and a consistent image among all his franchisees. The main reason for the rapidly growing popularity of "franchising" as a tool of uniform marketing strategy can be seen in the mutual benefits: the franchisor is able to maintain a large network of standardized production and distribution without investing capital in the outlets, and the franchisee is provided with a pre- established market based on the reputation of the trade name or trade mark as well as with technical assistance in conducting his business. Franchising agreements are to be found in many areas of economic activity, but they are particularly used in the distribution of consumer goods (e.g. cars, petroleum products, furniture, elec- trical appliances, food) and services (e.g. hotels, restaurants, car-rentals). The most common types of agreement are: (a) The manufacturing franchise in which the franchisor exploits some manufacturing process, secret formula, or other know-how by licensing others to manufacture and distribute the end product under his trade mark or trade name; (b) The distributing franchise in which the i'ranchisor produces the goods to be sold and the franchise system provides a means of marketing his wares, either at the wholesale or retail level; (c) The chainstyle (service) franchise in which the franchisor does not produce the goods to be sold but is interested in exploiting a valuable service mark, the trade mark, design, etc. which he owns by licensing its use to franchisees who agree to operate service facilities or retail outlets in accordance with the franchisor's instructions.81 Since the franchise agreement is fundamentally a commercial concept rather than a legal concept and because individual franchise agreements contain a wide variety of terms, it is impossible to give a single legal definition which would be universally valid. Instead, the use of the term "franchise" varies from country to

29 E.g., J. Thomas McCarthy, "Trademark Franchising and Antitrust: The Trouble with Tie-ins", 58 California Law Review (1970), pp. 1085 and 1089. 30 L. W. Melville, Precedents on intellectual property and international licensing, 2nd éd., London, 1972, p. 270. 31 E.g., J. Thomas McCarthy, op. cit., loc. cit. 163 country and even within a given legal system.32 Indeed, in many countries the term is not known at all. The same commercial agreements called franchises in other countries are denominated as "concessions" or regarded as ordinary trade mark license agreements which contain additional terms.33 It follows from the above indications that the mere reference to franchises granted by foreign companies to local entities established in Southern Rhodesia as an area in which the Security Council Committee [established in pursuance of resolution 253 (1968) concerning the question of Southern Rhodesia] may wish to recommend possible restrictions or outright prohibitions would probably not, by reason of its vagueness, achieve the results sought by the Security Council Com- mittee. It is suggested that, instead, reference should be made to the separate elements, such as the licensing of a trade mark or the transfer of know-how, which may form the content of a franchise agreement. If it were decided to draw up such a list of commercial agreements, the Office of Legal Affairs would be happy to assist the Committee in the preparation thereof.3'1 3 September 1975

10. GUIDELINES FOR IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTIONS GRANT- TING OBSERVER STATUS ON A REGULAR BASIS TO CERTAIN REGIONAL INTERGOVERN- MENTAL ORGANIZATIONS, THE PALESTINE LIBERATION ORGANIZATION AND THE NATIONAL LIBERATION MOVEMENTS IN AFRICA Note for the use of the Secretariat 1. The General Assembly has adopted a number of resolutions inviting certain organizations to participate on a regular basis in its meetings or conferences as ob-

32 E.g., differences of terminology and substantive development in the United States and Europe are examined by Jean Guyénot, "La franchise commerciale", 26 Revue trimestrielle de droit commercial, 1973, No. 2, p. 11. 33 The California Franchise Investment Act (Cal. Corp. Code § 31005 (West Supp. 1971)) which is a recent statute intended to eliminate certain abuses on the part of fran- chisors describes a franchise as an agreement by which: "(a) A franchisee is granted the right to engage in the business of offering, selling or distributing goods or services under a marketing plan or system prescribed in substantial part by a franchisor; and "(b) The operation of the franchisee's business pursuant to such plan or system is substantially associated with the franchisor's trade mark, service mark, trade name, logotype, advertising or other commercial symbol designating the franchisor or its affiliate; and "(c) The franchisee is required to pay, directly or indirectly, a franchise fee." 34 In its special report to the Security Council (S/11913, para. 13), the Committee, while bearing in mind the reservations expressed by some delegations as summarized in the Annex to the report, decided to recommend to the Security Council that insurance, trade name and franchises should be included within the scope of the mandatory sanctions against Southern Rhodesia. At its 1907th meeting, on 6 April 1976, the Security Council had before it a fifteen- power draft resolution (S/12037), operative paragraph 2 of which read as follows: "The Security Council, u "2. Decides that all Member States shall take appropriate measures to prevent their nationals and persons in their Territories from granting to any commercial, industrial or public utility undertaking in Southern Rhodesia the right to use any trade name or from entering into any franchising agreement involving the use of any trade name, trade mark or registered design in connexion with the sale or distribution of any products, commodities or services of such an undertaking;". The Council adopted the draft resolution unanimously. 164 servers. The purpose of the present note is to provide some guidelines concerning the procedure and arrangements for the implementation of those resolutions particularly by the Secretariat. 2. The relevant resolutions are the following: Resolution 253 (HI) of 16 October 1948: invitation of the Organization of American States Resolution 477 (V) of 1 November 1950: invitation of the League of Arab States Resolution 2011 (XX) of 11 October 1965: invitation of the Organization of African Unity Resolution 3208 (XXIX) of 11 October 1974: invitation of the European Economic Community Resolution 3209 (XXIX) of 11 October 1974: invitation of Council of Mutual Economic Assistance Resolution 3237 (XXIX) of 22 November 1974: invitation of the Palestine Liberation Organization Resolution 3280 (XXIX) of 10 December 1974: invitation of the national liberation movements recognized by the Organization of African Unity35 Where appropriate, the similarities and differences in the terms of those resolutions, in so far as they relate to practical arrangements, are indicated. I. Invitation and representation A. Notification of sessions (a) Addressees 3. Notification of sessions of the General Assembly should be addressed to the administrative heads of OAS, AOU and the League of Arab States as indicated in resolutions 253 (III), 477 (V) and 2011 (XX). 4. The notifications with respect to the sessions and the work of the General Assembly or to the convening of an international conference under the auspices of the General Assembly should in the case of EEC, CMEA and PLO be addressed directly to the organization concerned in accordance with resolutions 3208 (XXIX), 3209 (XXIX) and 3237 (XXIX). 5. In the case of the African national liberation movements, a communication should be addressed in the first instance to the OAU requesting a list of movements recognized by that Organization and only subsequently should individual notifications be addressed to the designated national liberation movements. (b) Content of notifications 6. The letter of notification should refer to the relevant authorizing resolution. A copy of the provisional agenda, if issued, should be forwarded. The letter should request the designation of a representative or representatives to the session or conference. B. Protocol matters and facilities 7. Passes appropriate to observers should be issued by the Protocol Office. 8. Use of facilities at United Nations or conference sites, such as facilities for issuing press releases, holding press conferences, paging and catering, should be granted consistent with the status of observer.

35 At its thirtieth session, the General Assembly, by resolution 3369 (XXX) of 10 October 1975, decided to invite the Islamic Conference to participate in the sessions and the work of the General Assembly and of its subsidiary organs in the capacity of observer. 165 9. The letter from an observer organization or movement designating a representative or representatives does not constitute "credentials" within the meaning of the relevant rules of procedure and is not examined by the Credentials Committee established at the session or conference. 10. The names of the designated representative or representatives should be included in the attendance list of the session or conference under an appropriate heading. II. Participation A. Forum (a) General Assembly and Main Committees 11. Resolutions 253 (III), 477 (V), 2011 (XX), 3208 (XXIX), 3209 (XXIX) and 3237 (XXIX) refer to "sessions" of the General Assembly. OAS, the League of Arab States, OAU, EEC, CMEA and PLO are therefore entitled to participate, as observers in both plenary and Main Committee meetings, although in practice their participation in plenary is limited to seating and not extended to making statements. 12. Resolution 3280 (XXIX) provides for participation as observers by national liberation movements in Africa recognized by OAU "in the relevant work of the Main Committees of the General Assembly and its subsidiary organs concerned". The national liberation movements may therefore participate in relevant meetings of Main Committees but not in plenary. (b) Subsidiary organs of the General Assembly 13. Resolutions 3208 (XXIX), 3209 (XXIX) and 3237 (XXIX) refer to "the sessions and the work of the General Assembly". This phrase would appear prima facie to be all inclusive and to embrace subsidiary organs of the Assembly. However, the possibility of participation by observers in the work of particular subsidiary organs would seem also to depend upon the terms of reference, structure, functions and methods of work of the organ in question. It is reasonable to assume that in principle participation by observers in the sessions and the work of the Assembly under those three resolutions is not meant to be more than that accorded to Member States of the United Nations which are not members of the organ concerned. 14. As stated above, under resolution 3280 (XXIX) national liberation movements in Africa are invited to participate in the relevant work of the Main Committees of the Assembly and its subsidiary organs concerned. (c) International conferences 15. In resolution 3237 (XXIX), the General Assembly invites the PLO "to participate in the sessions and the work of all international conferences convened under the auspices of the General Assembly" (para. 2) and considers that the PLO "is entitled to participate in the sessions and the work of all international conferences convened under the auspices of other organs of the United Nations (para.3)." The latter provision is a strong recommendation to other organs, such as the Economic and Social Council, to take decision to invite the PLO to participate in international conferences convened by it. 16. Under resolution 3280 (XXIX), African liberation movements are invited to participate "in conferences, seminars and other meetings held under the auspices of the United Nations which relate to their countries" (emphasis added). B. Seating arrangements (a) Physical arrangement 17. In the Assembly Hall, the established practice is to seat observers in areas normally reserved for them. The practice in Main Committees has been to seat the 166 observer on the floor of the Committee room with a name plate only when and if he participates. (b) Permanent seating or limited seating 18. Resolutions 253 (III), 477 (V), 2011 (XX), 3208 (XXIX), 3209 (XXIX) and 3237 (XXIX) do not contain language which would appear to limit the participation of these organizations to items of particular interest although a general rule has developed through practice according to which observers participate only with regard to items in which they have a functional interest. This is clearly spelled out in resolution 3280 (XXIX) on the other hand which provides for participation "in the relevant work" of the Main Committees or subsidiary organs. The travaux préparatoires of resolutions 3208 (XXIX) and 3209(XXIX) confirm this.36 III. Procedural rights at meetings 19. On the basis of past practice and in the light of more recent developments, participation by an observer includes the right to make oral statements, including the right of reply. 20. An observer may have his written statements or documents circulated by the Secretariat to all delegations. The rules of procedure of some recent conferences include provisions on this point.37 Written statements by African liberation movements recognized by OAU were circulated in the Fourth Committee by decision of the Chairman at the twenty-seventh, twenty-eighth and twenty-ninth sessions of the General Assembly. 21. Observers do not have the right to vote and are not entitled to sponsor or co-sponsor substantive proposals (including amendments) or procedural motions, or to raise points of order or challenge rulings. 31 January 1975

11. RULING BY THE PRESIDENT OF THE TWENTY-NINTH SESSION OF THE GENERAL ASSEMBLY REGARDING THE POSITION OF THE DELEGATION OF SOUTH AFRICA— QUESTION WHETHER SUCH A RULING SHOULD BE CONSIDERED AUTOMATICALLY APPLICABLE AT THE SEVENTH SPECIAL SESSION OF THE ASSEMBLY, SCHEDULED TO OPEN BEFORE THE OFFICIAL CLOSURE OF THE TWENTY-NINTH REGULAR SESSION Memorandum to the Under-Secretary-General for Political and General Assembly Affairs 1. The question has arisen whether the ruling made by the President of the General Assembly at the twenty-ninth session regarding the position of the delegation of South Africa will be automatically applicable at the seventh special session. This ruling was made at the 2281st plenary meeting, on 12 November 1974, under item 3 of the agenda, entitled "Credentials of representatives to the twenty-ninth session of the General Assembly". It related to the first report of the Credentials Committee (A/9779)38 at the twenty-ninth session, in which the Committee rejected the credentials

36 See A/PV.2266. 37 See for example, rule 59(2) of the rules of procedure of the United Nations Con- ference on the Representation of States in their Relations with International Organizations (Official Records of the United Nations Conference on the Representation of States in their Relations with International Organizations, Summary records of the plenary meeting and of the meetings of the Committee of the Whole (A/CONF.67/18—United Nations publication, Sales No. E.75.V.11) and rule 63(2) of the rules of procedure of the Third United Nations Conference on the Law of the Sea (A/CONF.62/30/Rev.l—United Nations publication, Sales No. E.74.I.18). 38 Official Records of the General Assembly, Twenty-ninth Session, Annexes, agenda item 3. 167 submitted on behalf of the delegation of South Africa, the Committee's report being approved by the General Assembly in its resolution 3206 (XXIX) of 30 September 1974. These credentials "authorized and appointed" certain persons named therein "to represent the Government of the Republic of South Africa at the twenty-ninth regular session of the General Assembly of the United Nations." 2. In his ruling, the President drew attention to the fact that "Since its twenty- fifth session the General Assembly has been regularly rejecting, each year, the credentials . . ." of South Africa. He referred to the ruling made by the President of the General Assembly at the twenty-fifth session in 1970, regarding South African participation in the Assembly, as a ruling which related only to the wording of an amendment then before the Assembly, and said: "That opinion did not mean that if the amendment had been worded in some other way it might not have had different consequences for the legal position of the South African delegation in this Assembly." The President ruled "that the General Assembly refuses to allow the delegation of South Africa to participate in its work." He did so "as President of the twenty-ninth session of the General Assembly", and he stated that his interpretation referred "exclusively to the position of the delegation of South Africa within the strict framework of the rules of procedure of the General Assembly."39 3. Under the Assembly's rules of procedure, credentials are separately examined at each session of the Assembly, and a subsequent session is not bound by any decisions of a previous session regarding credentials. The history of the question of South Africa's credentials in the Assembly, the subject of a separate decision at each session since 1970, bears this out. In addition, from the context as described above of the President's ruling at the twenty-ninth session, it is clear that that ruling was meant to be confined to the twenty-ninth session. The need for a separate decision at each session applies equally to special sessions and to regular sessions. The ruling of the President at the twenty-ninth session therefore will have no automatic application at the seventh special session, and any decisions or rulings at that session regarding credentials will have to be made under item 3 of the provisional agenda of the seventh special session, which is entitled "Credentials of representatives to the seventh special session of the General Assembly". 4. It is immaterial to the position set out above that the seventh special session will be held at a time when the twenty-ninth regular session will still not have been officially closed. The seventh special session is entirely separate from the twenty-ninth regular session and will take its own decisions regarding credentials. This is borne out by practice. For example, the sixth special session was held in 1974 at a time when the twenty-eighth regular session had not been closed, and the sixth special session nevertheless established its own credentials committee, and took a separate decision regarding credentials for that session (resolution 3200 (S-VI) of 30 April 1974). 27 August 1975

12. QUESTION WHETHER THE SECRETARY-GENERAL AND THE ADMINISTRATIVE COMMITTEE ON CO-ORDINATION COULD LEGALLY TAKE STEPS TO GIVE EFFECT TO PROPOSALS IN REGARD TO THE POST-ADJUSTMENT SYSTEM DESIGNED TO REMEDY CERTAIN DEFICIENCIES IN THE PRESENT SYSTEM OR WHETHER SUCH PROPOSALS INVOLVING SUBSTANTIAL INCREASES IN EXPENDITURE SHOULD BE LEFT FOR THE GENERAL ASSEMBLY Memorandum to the Secretary, Administrative Committee on Co-ordination 1. You have asked for a legal opinion on the question, raised in the Administrative Committee on Co-ordination at its sixty-fourth session, whether the Secretary-General 39A/PV.2281, pp. 73-75 and 76. 168 and the ACC could legally take steps to give effect to proposals like those recently made by UNESCO and GATT in regard to the post adjustment system, or whether decisions in regard to such proposals should be left for the General Assembly. Those proposals are designed to remedy certain deficiencies of the present system, particularly with respect to staff without dependants and to some extent with respect to staff in the higher grades, when the value of the United Nations currency of account declines in relation to local currencies, and both proposals involve separating the effects of currency fluctuations from those of changes in the cost of living in the calculation of post adjustments. Since the reason for the proposals is to remedy a serious impairment of the value of compensation for portions of the staff, it is evident that giving effect to them is very likely, at least in the short run, to involve a substantial increase in the expense of post adjustments. 2. In the United Nations, the Charter provides in Article 17, paragraph 1, that "The General Assembly shall consider and approve the budget of the Organization". Thus the General Assembly always remains the ultimate budgeting authority, and while it may on occasion authorize the Secretary-General, in consultation with appropriate bodies, to take decisions involving an increase in expenditure in order to meet changing circumstances, such authorization must always be explicit. In the present case, no such authorization exists, and it appears rather that the General Assembly has reserved the problem for its own consideration. It follows that the Secretary-General and the ACC cannot, without the approval of the Assembly, take steps to give effect to proposals like those here under discussion. 3. Post adjustments are paid to United Nations staff in pursuance of Annex I, paragraph 9, of the Staff Regulations, which provides: "In order to preserve equivalent standards of living at different offices, the Secretary-General may adjust the basic salaries set forth in paragraphs 1 and 3 of the annex by the application of non-pensionable relative costs of living, standards of living and related factors at the office concerned as compared to New York. Such post adjustments shall not be subject to the staff assessment plan and their amount shall vary by salary level as determined from time to time by the General Assembly." The amounts of post adjustments are thus set by the General Assembly, and the Secretary-General cannot alter them on his own authority; his function is the "application" of the post adjustments already decided on. While Staff Rule 103.7 (d) does allow him to "establish a schedule of post adjustments for any duty station which, by reason of cost of living, standard of living and related factors, cannot appropriately be placed within the schedules", he is not entitled to alter schedules approved by the Assembly, and even less to alter the mode of calculation which has been used to establish them. 4. At its last session the General Assembly adopted resolution 3357 (XXIX) of 18 December 1974, to which is annexed the Statute of the International Civil Service Commission. Article 10 of that Statute provides that: "The Commission shall make recommendations to the General Assembly on: "(a) the broad principles for the determination of the conditions of service of the staff; "(£) the scales of salaries and post adjustments for staff in the Professional and higher categories; . . ." This provision implies that changes in the system of calculating post adjustments will be considered by the ICSC in the first instance, that it will make recommendations (but not decisions) relating thereto, and that decisions regarding such recommendations will be taken by the Assembly itself. 169 5. The effect of currency instability on the general financial situation of the United Nations has long preoccupied the General Assembly, which has accepted the post adjustment system, as established by it, as the means to remedy the consequences of that instability in regard to the compensation of professional and higher staff. At its twenty-eighth session (2206th meeting), the Assembly established a Working Group on Currency Instability, which met between sessions to study the situation, but found no generally agreed alternatives to existing policies. Accordingly, at its next session, the Assembly adopted resolution 3360 (XXIX) of 18 December 1974, which registered the lack of agreement and simply requested ". . . the Secretary-General, in consultation with the other members of the Administrative Committee on Co-ordination, to keep these problems under review, taking into account the report of the Working Group, the views expressed during the consideration of the item during the twenty-ninth session, and other views that may be expressed by or received from Member States, and to report to the General Assembly at its thirtieth session." That resolution is certainly not an invitation to the Secretary-General or the ACC to take direct action on the problem as it affects staff compensation. 6. Finally, it may be added that under the WAP A40 scheme, post adjustments are closely linked with both contributions to and benefits from the United Nations Joint Staff Pension Fund, and that this linkage would require reconsideration by the General Assembly in connexion with modification of the post adjustment system. 7. It is therefore concluded, as stated above in paragraph 2, that authority does not exist to implement the proposals of UNESCO and GATT without legislative action. 14 May 1975

13. QUESTION WHETHER, PENDING ACTION BY THE ECONOMIC AND SOCIAL COUNCIL, THE ECONOMIC COMMISSION FOR WESTERN ASIA MAY INVITE THE PALESTINE LIBERATION ORGANIZATION TO PARTICIPATE IN ITS SESSION AS AN OBSERVER TAKING INTO ACCOUNT GENERAL ASSEMBLY RESOLUTION 3237 (XXIX) Opinion prepared at the request of the Secretariat of the Economic Commission for Western Asia 1. General Assembly resolution 3237 (XXIX) of 22 November 1974 concerning invitations to the Palestine Liberation Organization does not expressly deal with the participation of the PLO in the sessions of the Economic and Social Council or its subsidiary organs and the Council has not as yet taken decisions in this regard, although action is expected at the present (fifty-eighth) session in connexion with the Council's review of its rules of procedure.41 Pending action by the Council, resolution 3237 (XXIX) provides strong policy guidelines in accordance with which ECWA might itself invite the PLO to participate in its sessions in the capacity of observer. In this connexion, it may be noted that the Commission on Human Rights, a functional 40 World average post adjustment. 41 By resolution 1949 (LVIII) of 8 May 1975, the Council decided to adopt as its rules of procedure, with effect from the close of the fifty-eighth session, the rules of procedure annexed to the resolution. Rule 73 of those rules entitled "Participation of national liberation movements" reads as follows: "The Council may invite any national liberation movement recognized by or in accordance with resolutions of the General Assembly to participate, without the right to vote, in its deliberations on any matter of particular concern to that movement." 170 commission of the Economic and Social Council, did invite the PLO to participate as an observer in its recent session in Geneva.42 2. On the basis of past practice and in the light of more recent developments, participation by an observer includes the right to make oral statements, including the right of reply. An observer may have his written statements or documents circulated by the Secretariat to all delegations. 3. It is axiomatic that observers do not have the right to vote—a right which may only be accorded to full members. Likewise, in the General Assembly and its subsidiary organs, observers are not entitled to sponsor or co-sponsor substantive proposals (including amendments) or procedural motions, or to raise points of order or challenge rulings. In the Economic and Social Council, observers of Member States, non-members of the Council, have been accorded the right to submit proposals which may be put to the vote by request of any member.43 This provision is retained in the draft devised rules of procedure44 which have been prepared for submission to the Council at its present session.45 On the other hand, the draft rule dealing with national liberation movements reads as follows: "Observers designated by national liberation movements recognized by or in accordance with resolutions of the General Assembly may participate without the right to vote at meetings of the Council, its committees and sessional bodies and their subsidiary bodies."46 4. As this rule, unlike the one concerning non-member State, does not provide an entitlement to sponsor proposals, the general practice excluding such right should prevail. 1 May 1975

14. QUESTION WHETHER ADMISSION TO MEMBERSHIP IN THE UNITED NATIONS OF A STATE WITHIN THE GEOGRAPHICAL SCOPE OF THE ECONOMIC AND SOCIAL COM- MISSION FOR ASIA AND THE PACIFIC AUTOMATICALLY ENTITLES SUCH A STATE TO MEMBERSHIP IN THE COMMISSION 1. I refer to your memorandum of 21 October 1975 on the question of the membership in the Economic and Social Commission for Asia and the Pacific (ESCAP)47 of a recently admitted Member of the United Nations within the geographical scope of the Commission. You ask in particular whether formal steps should be taken by the Commission (presumably at its next session in 1976) to admit the Member State in question as a full member of ESCAP in accordance with paragraph 3 of the terms of reference of the Commission48 and whether a draft resolution would have to be submitted to the Economic and Social Council. 2. We have always held that the application of the proviso of paragraph 3 of the terms of reference of ESCAP is automatic. In other words, a State which has

42 See Official Records of the Economic and Social Council, Fifty-eighth Session, Supple- ment No. 4 (E/5635), decision 2 (XXXI). «See Juridical Yearbook, 1971, p. 203. 44 E/5677, Annex. 45 Rule 72 A of the draft revised rules of procedure (E/5677). 46 The provision in question is to be found in paragraph 3 of rule 72 of the revised rules of procedure. 47 Formerly ECAFE. 48 See Official Records of the Economic and Social Council, Fifty-ninth Session, Supple- ment No. 7 (E/5656), Annex III, p. 143. The proviso in question reads: "...provided that any State in the area which may hereafter become a Member of the United Nations shall be thereupon admitted as a member of the Commission". 171 been admitted to membership in the United Nations does not have to wait for a decision of the Commission to become a member of the Commission. The proviso of paragraph 3 referred to above is couched in mandatory terms. The use therein of the word "admitted" does not imply that the State concerned requires a formal action of admission by the Commission. This interpretation is confirmed by the French text of the proviso which uses the word "deviendrait" and by the following precedents. 3. By resolution 1134 (XII) of 17 September 1957, the General Assembly admitted the Federation of Malaya as a Member of the United Nations. The report of the Economic Commission for Asia and the Far East on its fourteenth session held from 5 to 15 March 1958 stated that "the Commission was gratified to note that the General Assembly, by its resolution 1134 (XII) of 17 September 1957, had admitted the Federation of Malaya as a Member of the United Nations, and that, in accordance with article 3 of the terms of reference of the Commission, the Federa- tion of Malaya had become a member of the Commission.. ,".49 The fourteenth session of ECAFE was held in fact at Kuala Lumpur and at the first meeting of the session the Commission heard a statement by the President of the Federation of Malaya. The Under-Secretary-General for Economic and Social Affairs then read a message from the Secretary-General congratulating the Federation of Malaya on having become a member of ECAFE.50 At the same meeting, the head of the delegation of the Federation of Malaya was elected Chairman of the Commission. Moreover, the agenda for the Commission at that session did not contain any item on the admission of the Federation of Malaya to membership in ECAFE. 4. By resolution 2010 (XX) of 21 September 1965, the General Assembly admitted Singapore to membership in the United Nations. In the report of ECAFE on the work of its twenty-second session held from 22 March to 4 April 1966,51 under the heading "Membership and attendance", Singapore was listed among members of the Commission. As in the case of the Federation of Malaya, the agenda of the Commission for its twenty-second session did not contain an item on the admission of Singapore to membership in ECAFE. 5. It should be noted that both the Federation of Malaya and Singapore prior to their admission as Members of the United Nations were associate members of ECAFE. 6. In view of the foregoing, no resolution by the Commission would be required for the Member State concerned to become a member of ESCAP. 4 November 1975

15. QUESTION OF ASSOCIATE MEMBERSHIP IN THE ECONOMIC AND SOCIAL COMMISSION FOR ASIA AND THE PACIFIC OF THE TWO DEPENDENT TERRITORIES—THE GILBERT ISLANDS AND TUVALU—RESULTING FROM THE SEPARATION OF THE ELLICE ISLANDS FROM THE FORMER GILBERT AND ELLICE ISLANDS COLONY Memorandum to the Chief of the Regional Commissions Section, Department of Economic and Social Affairs 1. With reference to your memorandum of 5 November, we arc now in a position to advise as follows. 2. By a letter dated 24 September 1975 addressed to the Secretary-General, the Permanent Representative of the United Kingdom of Great Britain and Northern

49 Official Records of the Economic and Social Council, Twenty-sixth Session, Supple- ment No. 2 (E/3102), para. 258. wibid., para. 218. 51 Ibid., Forty-first Session, Supplement No. 2 (E/4180/Rev.l), para. 337 172 Ireland drew attention to the fact that, as from 1 October 1975, the Ellice Islands would be separated from the Gilbert and Ellice Islands Colony to form a new dependent territory with the name of Tuvalu. The remainder of the present colony would then take the name of Gilbert Islands. Me further stated that this separation took place with the full consent of the Government of the Gilbert and Ellice Islands and following a referendum which was observed by a Visiting Mission of the Special Committee on the Situation with Regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples (A/C.4/786). 3. At its 2171st meeting on 19 November 1975, the Fourth Committee of the General Assembly adopted by consensus a draft resolution (A/C.4/L.1106) under the subtitle "Question of the Gilbert Islands". Introducing the draft resolution at the previous meeting, the representative of Sierra Leone stated that a striking feature of the draft resolution was that it pertained only to the Gilbert Islands, and not to the Ellice Islands, because of the referendum held the previous year in which the people of the Ellice Islands had opted for separate administration. He commended the fact that the separation had been carried out without incident. The Territory of the Gilbert Islands, he said, was, to a large extent, self-governing and therefore qualified for a separate draft resolution,52 4. At its 2176th meeting on 28 November 1975, the Fourth Committee, by a vote of 111 in favour to 1 against with 10 abstentions, adopted a draft resolution (A/C.4/L.1115) under the subtitle "Question of the New Hebrides, Pitcairn and Tuvalu" (italics added). 5. As both draft resolutions are expected to be adopted by the General Assembly, it is clear that the Assembly recognizes the separation of the two territories.53 Insofar as their associate membership in ESCAP is concerned, it will be for the Government of the United Kingdom to request, if it so wishes, separate associate membership for the two Territories. Once such a request is made, Gilbert Islands will remain an associate member of ESCAP and Tuvalu may be admitted by the Commission to associate membership. Alternatively, the Commission may decide that henceforth the two Territories will have separate associate membership. In either case, the consequential change to be made by the Economic and Social Council in paragraphs 2 and 4 of the terms of reference of the Commission •will be of an editorial character.54 Since under paragraph 5 of its terms of reference35 the Commission has the authority to admit territories to associate membership, no action by the Economic and Social Council is required.56 2 December 1975

52A/C.4/SR.2170, p. 5. 53 Both draft resolutions were adopted by the General Assembly at its 2431st meeting, on 8 December 1975, the first one by consensus and the second one by a recorded vote of 121 votes to 1, with 11 abstentions, thus becoming respectively General Assembly resolutions 3426 (XXX) and 3433 (XXX). 54 For the terms of reference of ESCAP, see Official Records of the Economic and Social Council, Fifty-ninth Session, Supplement No. 7 (E/5656), Annex III, p. 143. 55 Paragraph 5 of the terms of reference of ESCAP reads as follows: "Any territory, part or group of territories within the geographical scope of the Commission as defined in paragraph 2 may, on presentation of its application to the Commission by the member responsible for the international relations of such territory, part or group of territories, be admitted by the Commission as an associate member of the Commission. If it has become responsible for its own international relations, such territory, part or group of territories, may be admitted as an associate member of the Commission on itself presenting its application to the Commission." 56At its thirty-second session (24 March-2 April 1976), the Economic and Social Commission for Asia and the Pacific observed that the Government of the United Kingdom 173 16. FIFTH UNITED NATIONS CONGRESS ON THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS—QUESTION OF ISSUING INVITATIONS TO STATES NOT MEMBERS OF THE UNITED NATIONS AND TO INDIVIDUAL PARTICIPANTS FROM SUCH STATES Memorandum to the Assistant Director, Crime Prevention and Criminal Justice Section 1. May I refer to your memorandum dated 26 February 1975 in which you requested advice on the invitations that you, in your capacity as Executive Secretary, may be required to issue to non-member States of the United Nations and to individual participants from such States. 2. At the outset, it is recalled that the intention is to admit five categories of participants to the Congress. With respect to three of these categories, namely— (1) Observers from liberation movements; (2) Observers from specialized agencies, intergovernmental or non-governmental organizations; (3) Officials of the Secretariat, the issue on which you requested advice would not arise. 3. I shall therefore limit myself to commenting on the invitation of the two remaining categories which in rule 1 of the draft provisional rules of procedure57 are described as follows: (a) Members officially designated by their Governments as delegates to the Congress, and (b) Individual members having a direct interest in the field of crime prevention and criminal justice, including representatives of criminological institutes had informed the Executive Secretary (document E/CN.11/1260/INF) that, on the separation of the Ellice Islands from the Gilberts on 1 October 1975, the name of the Gilbert and Ellice Islands Colony had been changed to that of the Gilbert Islands, and that the responsibilities accepted by the Gilbert and Ellice Islands as an associate member of ESCAP were henceforth assumed by the Gilbert Islands. The Commission also noted that the Government of the United Kingdom had informed the Executive Secretary (document E/CN.l 1/1261 / INF), in accordance with article 5 of the Commission's terms of reference and at the request of the Government of the territory concerned, of the application of Tuvalu, the former Ellice Islands, for admission as an associate member of the Commission. The Commission unanimously decided that Tuvalu be admitted as an associate member of ESCAP and included within its geographical scope. It recommended that the Economic and Social Council approve the consequential amendments to paragraphs 2 and 4 of the Commission's terms of reference and adopted a draft resolution to that effect for action by the Council. 57 A/CONF.56/2. Rule 1 of the rules of procedure as adopted by the Congress reads as follows: "The Congress shall include four categories of participants: "(a) Members officially designated by their Governments as delegates to the Congress; "(6) Individual members having a direct interest in the field of crime prevention and criminal justice, including representatives of criminological institutes and of national organizations concerned with crime prevention and criminal justice; "(c) Observers designated by national liberation movements invited to the Con- gress; "(rf) Observers from the specialized agencies of the United Nations, or from other intergovernmental organizations or from non-governmental organizations in consultative status with the Economic and Social Council and interested in the matters before the Congress." 174 and of national organizations concerned with crime prevention and criminal justice. 4. The basic authorization for the Secretariat to arrange the Congress is contained in General Assembly resolution 415(V) adopted on 1 December 1950. Neither the resolution nor its annex contain specific provisions on the categories of governments or individuals entitled to receive invitations to the recurring Congresses. In this connexion, section (d) of the annex limits itself to stating that "The United Nations shall convene every five years an international congress similar to those previously organized by the IPPC". The only resolution specifically concerned with the Fifth Congress is General Assembly resolution 3139 (XXVIII) which contains no directives on participation but "requests the Secretary-General to ensure that the Secretariat's preparatory work for the Congress is fully adequate for its successful outcome." 5. In the absence of specific directives by a deliberative body, the Secretariat should act in conformity with the present practice followed by the General Assembly in convening international conferences of the United Nations. In recent years and until its twenty-eighth session, the General Assembly's practice was to invite representatives of States Members of the United Nations or members of a specialized agency or of the International Atomic Energy Agency or parties to the Statute of the International Court of Justice. However, in several resolutions at its twenty-eighth session, the General Assembly adopted a formula inviting "all States" to the conferences convened by it. With this development, it is clear that the criterion has become which entities are considered by the General Assembly to be States, a question which must be determined on the basis of unequivocal indications by the General Assembly. At the present time, in addition to States included in the formula in use until the twenty-eighth session, the General Assembly has indicated that the Democratic Republic of Vietnam is considered to be a State. This was done in resolution 3067 (XXVIII) and in resolution 3104 (XXVIII) in which the Democratic Republic of Vietnam was expressly designated as a State in connexion with its invitation to, respectively, the Third United Nations Conference on the Law of the Sea and the United Nations Conference on Prescription (Limitation) in the International Sale of Goods.58 6. In view of the foregoing, it would be appropriate for you as the Executive Secretary of the Congress to issue invitations to the States Members of the United Nations or members of the specialized agencies or the International Atomic Energy Agency and States Parties to the Statute of the International Court of Justice and also to the Democratic Republic of Vietnam. 7. The individual members referred to under paragraph 3 (b) above constitute a special category which has participated in past Congresses. The Office of Legal Affairs in a memorandum dated 18 April 1969 advised the Officer-in-Charge of the Social Development Division on the history and scope of the provision on admission of individual members, in particular regarding the issuance of information circulars to Individual members of past Congresses. The memorandum reached the following conclusion: "It is clear from the historical background that the intention is to seek the widest possible participation of experts in the Congress, which is of a technical

58 The Democratic Republic of Vietnam has since become a member of WHO and ITU. 175 character Since the right to vote at the Congress is accorded only to those experts who are governmental delegates, the participation of individuals does not give rise to the question of the legal status of their Governments vis-à-vis the United Nations. Consequently there is no legal difficulty in distributing the information circular among past individual participants. It is, however, not appropriate to refer to them in United Nations documents as individual participants "from non-member States", for the use of the term "non-member States" would involve the Secretariat in a political judgement which the Secretary-General has consistently declined to make. In this connexion I should like to suggest that in the next report by the Secretariat on the Congress, it would be better not to list the individual participants under the countries of which they are nationals, since nationality is not the criterion of their participation." 8. There appears to be no legal grounds to deviate from the practice followed in respect of admission of individual members to past Congresses, as that practice is stated in the above excerpt from the Legal Office's memorandum of 18 April 1969. To ensure consistency with the reason for their selection as participants, we would wish, however, to reiterate our advice that it would be preferable not to list the individual members by countries of their nationality in the official documentation of the Congress. With respect to those from any area not covered in paragraph 6 above, their selection shall also be on the basis of their individual expertise and not because of affiliation with any institute or organizations having any governmental character. 7 March 1975

17. QUESTION WHETHER THE UNITED NATIONS SPECIAL FUND MAY GIVE ASSISTANCE TO NATIONAL LIBERATION MOVEMENTS UNDER THE PROVISIONS OF THE GENERAL ASSEMBLY RESOLUTIONS ESTABLISHING THE FUND AND DEFINING ITS OPERATIONS

Statement made by the Legal Counsel at the 8th meeting (first session) of the Board of Governors of the United Nations Special Fund on 4 April 1975 The question was raised at the fifth and sixth meetings of the Board of Gov- ernors, during the discussion of the rules of procedure of the Board, whether the Special Fund may give assistance to national liberation movements. This question of course is one that depends not on the rules of procedure of the Board but on the resolutions of the General Assembly establishing the Special Fund and defining its operations, that is, resolutions 3202 (S-VI) of 1 May 1974 and 3356 (XXIX) of 18 December 1974. Article I, entitled "Purpose", of the provisions adopted by resolution 3356 (XXIX) specifies that the Special Fund "shall provide emergency relief and development assistance to the countries most seriously affected in accordance with the relevant provisions of section X of General Assembly resolution 3202 (S-VI) of 1 May 1974" (emphasis added); the three paragraphs of Article VI similarly refer to "countries most seriously affected" or to "developing countries". The use of the word "countries" would appear to preclude assistance to entities other than States. This interpretation is reinforced by the relevant section (Section X. Special Programme) of resolution 3202 (S-VI), which sets out in paragraph (c) the criteria for determining the countries to which emergency assistance should be granted. All of these criteria, such as ratio of import costs to export earnings, or of debt servicing to export earnings, or the relative importance of foreign trade in the development process, are such as cannot be applied to entities other than States.

176 18. ESTABLISHMENT BY THE WORLD FOOD CONFERENCE OF AN INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT—CONVENING BY THE SECRETARY-GENERAL, AT THE REQUEST OF THE CONFERENCE, OF A "MEETING OF INTERESTED COUN- TRIES" TO WORK OUT THE DETAILS OF THE FUND—QUESTION WHETHER THE UNITED NATIONS is RESPONSIBLE FOR THE EXPENSES OF THE MEETING AND ITS Ad Hoc WORKING GROUP Memorandum to the Acting Controller, Office of Financial Services 1. I refer to your memorandum of 8 August 1975 in which you have asked for our advice on the following questions: (1) What is the legal relationship between the United Nations, on the one hand, and the "meeting of interested countries"59 and the Ad Hoc Working Group it established, on the other? (2) Is there any basis for payment of the expenses of the "meeting of interested countries" and of the Ad Hoc Working Group? 2. Paragraph 5 of resolution XIII adopted by the World Food Conference provides that: "The Secretary-General of the United Nations should be requested to convene urgently a meeting of all interested countries, mentioned in paragraph 3 above, and institutions to work out the details, including the size of, and commitments to, the Fundj'l In operative paragraph 5 of its resolution 3348 (XXIX), the General Assembly "Requests the Secretary-General and the executive heads of the subsidiary organs of the General Assembly and of the specialized agencies to take expeditious action in line with the resolutions adopted at the World Food Conference;". 3. From the legal point of view, where a conference convened by the United Nations requests the Secretary-General to perform certain functions, such a request must be approved by the competent organ of the Organization before the Secretary- General could undertake the said functions. In the present case, it is clear from the above-quoted provisions of resolution 3348 (XXIX) that the General Assembly has endorsed the request of the World Food Conference. The "meeting of interested countries" convened by the Secretary-General is therefore a meeting authorized by the General Assembly, and the Ad Hoc Working Group established by the meeting is a subsidiary organ of the United Nations. The recommendation made by the Eco- nomic and Social Council in its resolution 1969 (LIX) of 30 July 1975 concerning the functions of the Ad Hoc Working Group is further evidence that the Working Group is such an organ. 4. It follows from the foregoing that the United Nations is responsible for the expenses of the "meeting of interested countries" and of the Ad Hoc Working Group. 5. I note that before the adoption by the General Assembly of resolution 3348 (XXIX) and before the decision to establish the Ad Hoc Working Group was taken, no statement of financial implications required by rule 153 of the rules of procedure of the General Assembly had been submitted. Regrettable as this may be, it does not alter the legal status of the meetings in question as United Nations meetings. 22 August 1975

59 I.e. the meeting which the Secretary-General of the United Nations was requested to convene under resolution XIII of the World Food Conference (see report of the World Food Conference (E/CONF.65/20—United Nations publication, Sales No. 75.II.A.3), p. 12), to work out the details of the International Fund for Agricultural Development. 177 19. USE OF GOVERNMENT-FINANCED PERSONNEL WITHIN THE UNITED NATIONS—ASSO- CIATE EXPERTS AND JUNIOR PROFESSIONALS

Memorandum to the Deputy Director, Administrative Division, United Nations Children's Fund From your memorandum of 30 May and our conversation, we understand that you were approached about UNICEF's interest in associate experts to be provided by a Member State under a proposed "memorandum of understanding", and that you replied that UNICEF employed "junior professionals" but not associate experts. We think it is necessary to take account of the historic and functional differences between these two categories of government-financed personnel. As for the associate experts, the Member State which approached you was one of the originators of the "volunteer" arrangement which was set forth in Economic and Social Council resolution 849 (XXXII) of 4 August 1961; that resolution was entitled "Use of volunteer workers in the operational programmes of the United Nations and related agencies designed to assist in the economic and social development of the less developed countries". (As you can see from the title and text of the resolution, the term "volunteer" was used to describe personnel provided at no cost to the United Nations; operational personnel so provided under the resolution are now called "associate experts".) The resolution sets forth the principles which shall govern the use of these "volunteer technical personnel" and provides that these principles should apply to their assignment to programmes and projects carried out by the United Nations with funds provided by the Expanded Programme of Technical Assistance, the Special Fund and other voluntary funds of the United Nations (including UNICEF). The associate experts programme (now used by the United Nations and specialized agencies) involves (1) an agreement with the government providing the experts and, (2) special letters of appointment. (The associate experts, although staff members and project personnel, have letters of appointment which contain all the terms of their appointment with no reference to the 200 Series of the Staff Rules.) In recent years, the Member State concerned has proposed changes in the associate expert programme which were discussed among the agencies who execute the various technical assistance programmes and who use technical assistance experts and associate experts. One difficulty was a proposed provision for periodic reports to the government on the performance of experts which was not acceptable to the United Nations;60 the said Member State has not concluded any new associate experts agreement with the United Nations, although it remains the supplier of numerous highly qualified associate experts to United Nations technical assistance projects under what seems to be mutually satisfactory conditions. The junior professional officer arrangement is different because junior professionals are not "operational" or "project personnel". Obviously there are policy reasons for limiting the number, length of service and types of posts for this kind of government-provided staff who work not on projects in countries receiving assistance but in regional offices for the UNDP or UNICEF Secretariat. Project personnel generally are different from professional staff as regards geographical distribution, career expectations, role with respect to United Nations administration, recipient government approval, etc. The policy objection to governments subsidizing their own nationals in United Nations service is generally less relevant to project personnel than to other staff.

«o See Juridical Yearbook, 1973, p. 169. 178 Within the United Nations, only UNICEF and UNDP employ government- financed "junior professionals". They were used first by UNDP, which does not of course employ staff members to execute projects and hence employs no technical assistance experts, but did wish to accept a Member Government's offer of "volunteers" to serve only at the junior professional, i.e. P.1/P.2, level and in non-established posts in resident representatives' offices. These "junior professionals" are paid from funds-in-trust pursuant to an agreement with the Government and are appointed under the usual United Nations fixed-term letters of appointment. UNICEF, as you know, followed suit and has concluded agreements in this field with two Member States. 13 June 1975

20. QUESTION WHETHER LOCALLY RECRUITED PERSONNEL EMPLOYED IN CONNEXION WITH A SPECIFIC UNDP PROJECT ARE UNITED NATIONS STAFF MEMBERS Memorandum to the Deputy Director, Support Services Branch, Office of Technical Co-operation 1. This is in reply to your memorandum of 14 April 1975 on the above subject. 2. It appears from the documentation which was provided to this Office that the Government of a Member State has undertaken to contribute in cash to the project "In-Service Training Programme for Regional Development" a certain amount of convertible currency and a certain amount of local currency and that part of the amount in local currency is to be utilized to defray the cost o.E the services of locally recruited Professional Counterpart and Support Personnel Cash Counterpart. 3. The relevant Project Document provides as follows with regard to such counterpart personnel: "The personnel recruited under the provisions of this paragraph will be recruited by the Project, after mutual consultation between the Project Manager, the Project Director and the Project Co-ordinator. The contracts will be signed by the Project Manager and it is emphasized that personnel hired locally under the provisions of this paragraph will not be United Nations staff members." The basic legal question presented by these provisions is wb.ei.her the statement that the persons referred to "will not be United Nations staff members" is legally valid. 4. It may be helpful to define at this point the concepts of employer and employee. The relationship of employer-employee arises out of a contract, express or implied, between a person (the employee) who renders services to another for a salary, and who, in the performance of such services, is subject to the direction and control of that other person (the employer). 5. It follows from this definition of the employer-employee relationship that a project cannot be an employer. This is because a project is an activity and, mani- festly, an activity does not have the legal capacity to enter into a contract or to perform any other juridical act. Only a real person or a legal person such as a corporation can possess the requisite legal capacity to perform a juridical act. Where a project provides assistance to an institute, centre or other body, such institute, centre or other body, if it possesses the requisite legal capacity under the applicable body of law, may be the employer of project personnel. Such institute, centre or other body, however, is not the project, but rather the recipient of assistance to the project. In any event, as there is no institute, centre or other body directly involved in the project under consideration, the employer of the persons concerned can only be the United Nations or the Government of the Member State concerned. 179 6. As has been noted, the Project Document provides that the persons concerned "will not be United Nations staff members". In our opinion, there is a distinct possibility that this provision may not conclusively settle the question for the United Nations, the other parties to the Project Document or the employees concerned. If it is the case that this provision in the Project Document rests upon the erroneous legal conception that the Project is the employer of the persons concerned, then it may well be that the United Nations will be held to be the employer. Moreover, unless the employee concerned manifests his assent to this provision in the Project Document, expressly or by implication, it is not at all certain that it is binding upon him, since he is not a party to that agreement. 7. The determination of the question as to who is the employer of a particular person is to be made on the basis of the facts in each case. The relevant information contained in the Project Document and your memorandum of 14 April 1975 appear to be insufficient to enable the Office of Legal Affairs to express an authoritative opinion as to whether the United Nations or the Government concerned is the employer of the locally engaged personnel whose salaries are paid from the counterpart contribution in cash. There appears however to be little evidence to support the view that the Government is the employer of the persons concerned. According to the Project Document, the Government appears to perform two functions in respect of such employees: (a) it contributes the funds for the payment of their salaries, and (6) through the Project Director and Project Co-ordinator (both Government officials whose services are provided as part of the counterpart contribution in kind), it consults with the Project Manager on the recruitment of the persons concerned. It appears that the provisions in the Project Document concerning consultation of the Project Manager, Project Director and Project Co-ordinator apply only in respect of personnel whose salaries are to be paid from the counterpart contribution in local currency. The Project Document contains no comparable provision for personnel whose salaries are to be paid from the counterpart contribution in convertible currency. In any event, it seems evident that the performance of such functions is not sufficient to make the Government the employer of the persons concerned.

8. This is particularly so because of the functions performed by the United Nations in respect of such persons. According to the Project Document, the Project Manager, who is a staff member of the United Nations, signs the contracts of employment. There is nothing to indicate that in the performance of such acts he is acting on behalf of or as an agent of the Government concerned. From the legal point of view, he cannot sign on behalf of the Project, since, as has been noted, a project is an activity, and a person cannot sign a contract on behalf of or as an agent of an activity. Further, it is the United Nations, and not the Government, who pays the salaries of the persons concerned. In this connexion, it may be relevant to observe that the Project Document states that "the Project Manager will in consultation with the Project Director (1) Be responsible on behalf of the United Nations for the execution of this Project in accordance with the provided work plan".

9. In summary, it appears from the limited information available (a) that it is legally impossible for the Project to be an employer; (b) that there is virtually no evidence to establish that the Government concerned is the employer of persons whose salaries are paid from its counterpart contributions in cash—whether in local or convertible currency; and (c) there is strong evidence to support the view that it is the United Nations who is the employer of such persons. 2 May 1975

180 21. POLICY OF THE ORGANIZATION WITH RESPECT TO THE ACCEPTANCE OF THE SERVICES OF GOVERNMENT OFFICIALS OR EXPERTS ON A NON-REIMBURSEMENT LOAN BASIS—STATUS OF OFFICIALS OR EXPERTS ENGAGED ON SUCH BASIS Memorandum to the Controller, Assistant Secretary-General, Office of Financial Services 1. This is in reply to your memorandum of 12 June 1975 requesting our views regarding the policy which should be followed by the Organization with respect to the acceptance of the services of government officials or experts on a non-reimbursable basis. 2. The Organization's policy regarding the acceptance of services on reimbursable and non-reimbursable loan has been laid down by the Office of Personnel in a document entitled "TARS procedures," dated 13 January 1972. 3. The provisions of that document which appear relevant to the matter under consideration may be briefly summarized as follows. An expert who is a government employee and is to be loaned to the Organization on a non-reimbursable basis may be engaged by the Organization under a Special Service Agreement (Section 6.1.3, p. 3, para. 19). The expert engaged under such an Agreement has the legal status of an independent contractor, is not a staff member of the Organization, and is not subject to the United Nations Staff Rules (ibid., p. 8, para. 23). He is an expert on mission within the meaning of the Convention on the Privileges and Immunities of the United Nations,61 and, as such, is entitled to the privileges and immunities provided for in Article VI of that Convention (ibid., pp. 7 and 8, paras. 19 and 24). 4. We see no objection from the legal point of view to the policy or procedures laid down by the Office of Personnel with regard to reimbursable and non-reimbursable loans. The prohibition in the Charter against seeking or receiving instructions from any government or from any other authority external to the Organization applies only to the Secretary-General and to the staff. It has no applicability to a person having the status of an independent contractor since, by definition, such a person is not an employee or staff member of the Organization. 5. Similarly, there appears to be no impediment under the Financial Regulations to TARS policy and procedures, as set forth above. Under Regulation 7.2, voluntary contributions whether in cash or in kind may be accepted provided that the purposes for which the contributions are made are consistent with the policies, aims and activities of the Organization. In our opinion, the acceptance by the Organization of a proposed contribution by a government of services by its employees or by the employees of a private firm does not in and of itself violate the terms of the said Regulation. 20 June 1975

22. ISSUANCE OF LAISSEZ-PASSERS TO OFFICIALS OF THE WORLD INTELLECTUAL PROP- ERTY ORGANIZATION—SPECIAL ARRANGEMENTS TO TAKE EFFECT AFTER THE CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE SPECIALIZED AGENCIES ENTERS INTO FORCE IN RESPECT OF WIPO—PROVISIONAL ISSUANCE OF LAISSEZ- PASSERS FOR THE INTERIM PERIOD Letter to the Legal Counsel of the World Intellectual Property Organization This is in reply to your letter dated 12 June 1975, in which you referred to the question whether the laissez-passers to be issued to officials of the World Intellectual 61 United Nations, Treaty Series, vol. 1, p. 15. 181 Property Organization under the proposed special arrangements62 should be given effect pursuant to the Convention on the Privileges and Immunities of the United Nations63 or the Convention on the Privileges and Immunities of Specialized Agen- cies,64 or possibly both Conventions. The delay in preparing the present answer to the letter was caused in part by absence from Headquarters and also by the need to search the Secretariat's files in order to provide you with information you requested concerning the practice followed during the so-called hiatus period which you defined as the period between 21 No- vember 1947, when the General Assembly approved the Specialized Agencies Con- vention with its draft annexes, and the respective dates of entry into force of that Convention in respect of the various specialized agencies. From this research it appears that from 1947 United Nations laissez-passers were issued to officials of specialized agencies with whom agreement had been reached concerning the issuance of laissez-passer. The laissez-passer carried a statement to the effect that the laissez-passer was issued to a member of a specialized agency in accordance with section 28 of the Convention on the Privileges and Immunities of the United Nations. In 1948 the Economic and Social Council in its resolution 136 (VI) requested the Secretary-General to make arrangements to issue laissez-passers to officials of specialized agencies and pursuant to this request on 17 March 1948, the Secretary-General sent a circular letter to Member States informing them of the conditions under which laissez-passers were issued. In the course of 1949, agreements were entered into between the United Nations and the Specialized Agencies setting out Standard Terms for the issuance of laissez-passers on a regular basis. The Standard Terms superseded the provisional arrangements entered into in accordance with resolution 136 (VI) of the Economic and Social Council. Circular letters were sent by the Secretary-General in May and June 1949 to Member States informing them of the transition from the provisional arrangements to the Standard Terms. It appears that the procedure just referred to was followed until late 1956 or early 1957 at which time the Convention on the Privileges and Immunities of the Specialized Agencies had been widely accepted by Member States and it therefore was felt that it was undesirable to have laissez-passers in circulation which referred to United Nations officials and to the Convention on the Privileges and Immunities of the United Nations, when in fact they were issued to officials of a specialized agency and the correct reference should be to the Convention on the Privileges and Immunities of the Specialized Agencies. Although it may be said in retrospect that the laissez-passer issued before 1957 to officials of the specialized agencies should not have referred to the Convention on the Privileges and Immunities of the United Nations—except for a reference to

62 Under Article 17 of the Agreement between the United Nations and the World Intel- lectual Property Organization (approved by the General Assembly of WIPO on 27 September 1974 and by the General Assembly of the United Nations on 17 December 1974 [see General Assembly resolution 3346 (XXIX)]), which recognized WIPO as a specialized agency brought into relationship with the United Nations in accordance with Articles 57 and 63 of the Charter, "Officials of the Organization shall be entitled, in accordance with such special arrangements as may be concluded between the Secretary-General of the United Nations and the Director-General of the Organization, to use the laissez-passer of the United Nations." The relationship agreement between the United Nations and WIPO came into force on 17 December 1974. «3 United Nations, Treaty Series, vol. 1, p. 15. «4 Ibid., vol. 33, p. 261. 182 section 28 as containing the authority for the Secretary-General to issue the laissez- passers—it is relevant to emphasize that the laissez-passer does not in itself convey privileges or immunities to the bearer. The full effect of the laissez-passers is that they "shall be recognized as valid travel documents" by the authorities of Member States. Turning now to the situation with which we are presently seized, I would like to say that from our side the proposed special arrangements on the issuance of laissez- passers to officials of the World Intellectual Property Organization were intended only for the situation after the entry into force of the Specialized Agencies Convention in respect of the World Intellectual Property Organization.65 On this assumption we feel that it would be sufficient to refer in the arrangements only to section 26 of the Convention on the Privileges and Immunities of the Specialized Agencies as containing the legal basis for the issuance and not to any provisions of the United Nations Convention.66 Concerning the provisional issuance of laissez-passers pending entry into force of the Specialized Agencies Convention in respect of the World Intellectual Property Organization as well as the conclusion of the special arrangements just referred to, the Secretariat has agreed that this may be done on the basis of section 28 of the Convention on the Privileges and Immunities of the United Nations. It is our understanding that the World Intellectual Property Organization desired to provide its officials with a travel document which could be issued without delay. It cannot be assumed, however, that officials of the World Intellectual Property Organization will enjoy the protection of the Specialized Agencies Convention in the interim period until that Convention has entered into force in respect of WIPO. 3 October 1975

23. PRIVILEGES AND IMMUNITIES OF MEMBERS OF THE STAFF OF THE UNITED NATIONS—MEANING OF THE TERM "OFFICIALS OF THE UNITED NATIONS" FOR THE PURPOSE OF APPLICATION OF THE CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS

Memorandum to the Chief, Centres Administrative Unit, Field Operations Service 1. I refer to your memorandum of 18 August 1975 which raises the question of the privileges and immunities of local staff members of the United Nations Infor- mation Centre in [name of a Member State]. 2. The General Assembly, in resolution 76 (I) of 7 December 1946, defined the categories of "officials of the United Nations" to which the relevant provisions of the Convention on the Privileges and Immunities of the United Nations were to apply; namely, it approved "the granting of the privileges and immunities referred to in 65 Under section 37, the Convention will become applicable to WIPO when it has transmitted to the Secretary-General of the United Nations the final text of the annex relating to it and has informed him that it accepts the standard clauses, as modified by this annex, and undertaken to give effect to specified sections and any provisions of the annex placing obligations on WIPO. Under section 44, the Convention shall enter into force for each State party in respect of WIPO when it has become applicable to it in accordance with section 37 and the State party has undertaken to apply the provisions of the Convention to WIPO in accordance with section 43. 66 The arrangements which have been agreed upon by an exchange of letters dated 1 and 15 March 1976 between the United Nations and WIPO and which are to come into force on the date when the Convention on the Privileges and Immunities of the Specialized Agencies becomes applicable to WIPO refer to article VIII (sections 26-30) of the Convention on the Privileges and Immunities of the Specialized Agencies. 183 articles V and VII of the Convention on the Privileges and Immunities of the United Nations ... to all members of the staff of the United Nations, with the exception of those who are recruited locally and are assigned to hourly rates." (Italics added.) It will be noted that in this definition of the term "officials of the United Nations" (which, as indicated above, the General Assembly adopted for the purpose of application of the Convention), no distinction is made among staff members of the United Nations as to nationality or residence. 3. The categories established in resolution 76 (I) have remained unchanged and the Secretary-General has accordingly maintained that the determination made by the General Assembly in that resolution precludes any distinction being drawn (e.g. on grounds of nationality or residence) so as to exclude a given category of staff from the benefit of the privileges and immunities referred to in articles V and VII of the Convention, except in the case of locally recruited staff employed at hourly rates. 4. It follows from the position, as stated above, of the General Assembly and the Secretary-General that there is in our view no legal objection to the printed text appearing on the United Nations identity card for the Information Centre staff,67 it being understood that that card may not be issued to locally recruited staff employed at hourly rates. It is to be noted in this connexion that the Member State concerned acceded to the Convention without any reservation and thus undertook to accord the privileges and immunities provided for therein in accordance with the provisions of General Assembly resolution 76 (I). Should nevertheless the Government object to the said text, it may be pointed out, inter alia, that the immunity of United Nations officials from legal process (section 18 (a)) is limited to official acts and that in any case where, in the Secretary-General's opinion, maintaining the immunity of an official would impede the course of justice and it can be waived without prejudice to the interests of the United Nations, the Secretary-General would have the right and the duty to waive the immunity. It goes without saying that the Secretary-General would always very carefully examine the facts in any case where the possibility of a waiver of immunity may be raised. In this connexion it may be advisable, when issuing identity cards to the staff members concerned, to draw their attention to the provisions of sections 20 and 21 of the Convention. 23 September 1975

24. CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS AND CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE SPECIALIZED AGENCIES—QUESTION WHETHER UNDER THOSE CONVENTIONS A HOST STATE is REQUIRED TO EXTEND FULL DIPLOMATIC PRIVILEGES TO HIGH OFFICIALS OF THE ORGANIZATION CONCERNED WHO ARE ITS NATIONALS OR PERMANENT RESIDENTS Letter to the Adviser for International Organizations Affairs, International Labour Office This is further to your letter of 28 January 1975 in which you refer to "The Specialized Agencies of the United Nations (Immunities and Privileges) Order 1974" and "The United Nations and International Court of Justice (Immunities and Privileges) Order 1974" of the United Kingdom (Statutory Instruments 1974 Nos. 1260 and 1261).68 You have mentioned article 15, paragraph 2 of the two Orders, which deny 67 Reading as follows: "Mr. ... whose photograph and signature appear on the opposite page hereof is an official of the United Nations and as such enjoys the protection of the UN Convention on Privileges and Immunities duly enacted as law in [name of the Member State concerned and references to the relevant Act]." 68 Reproduced in the Juridical Yearbook, 1974, pp. 7 and 11. 184 the diplomatic privileges provided for high officials in section 21 of the Convention on the Privileges and Immunities of the Specialized Agencies and section 19 Convention on the Privileges and Immunities of the United Nations to "any person who is a citizen of the United Kingdom and Colonies or a permanent resident of the United Kingdom". You have asked for the matter to be considered at the forthcoming session of the Preparatory Committee of the Administrative Committee on Co-ordination. In the first place, I would like to stress that the privileges granted by sections 19 and 20 of the Specialized Agencies Convention, like those under section 18 of the United Nations Convention, are and must be enjoyed by all officials, regardless of nationality. Section 21 and section 19 of the respective conventions, however, refer to "the privileges and immunities exemptions and facilities accorded to diplomatic envoys, in accordance with international law", and two interpretations of that phrase seem to be possible. In the ordinary diplomatic context, States are not required to extend full diplomatic privileges to persons who are their nationals or permanent residents, even if they have consented to receive such persons in a diplomatic capacity. Article 38 of the Vienna Convention on Diplomatic Relations69 (1961) provides in paragraph 1: "Except in so far as additional privileges and immunities may be granted by the receiving State, a diplomatic agent who is a national of or permanently resident in that State shall enjoy only immunity from jurisdiction, and inviolability, in respect of official acts performed in the exercise of his functions." Similar provisions are made in article 71 of the Vienna Convention on Consular Relations (1963)™ and article 40 of the Convention on Special Missions (1969).71 Substantially the same wording is used in the draft articles on the representation of States in their relations within international organizations, prepared by the International Law Commission in 197172 and now being considered by a United Nations Conference of plenipotentiaries in Vienna.73 Article 37, paragraph 1 of that draft states that "Except in so far as additional privileges and immunities may be granted by the host State, the head of mission and any member of the diplomatic staff of the mission [to an international organization] who are nationals of or permanently resident in that State shall enjoy only immunity from jurisdiction and inviolability in respect of official acts performed in the exercise of their functions." Article 68 makes the same provision in respect of delegations to organs and conferences, and article V of the Annex to the draft (relating to observers) repeats it yet again.74 Those articles have not yet been discussed by the current Vienna Conference, which will end only on 14 March 1975. If, however, provisions like those in the Commissions's draft articles are adopted, it will appear that the States participating do not consider that international law requires a host State to accord full diplomatic privileges to diplomatic envoys accredited to an international organization who are nationals of or permanently resident in that State. If that view is taken, sections 21 and 19 of the respective Conventions on Privileges and Immunities would tend to be interpreted in the same way in regard to high officials. As a practical matter, it does

69 United Nations, Treaty Series, vol. 500, p. 95. ™Ibid., vol. 596, p. 261; See also Juridical Yearbook, 1963, p. 109. 7* General Assembly resolution 2530 (XXIV). See also Juridical Yearbook, 1969, p. 125. 72 Official Records of the General Assembly, Twenty-sixth Session, Supplement No. 10 (A/8410/Rev.l), Chapter II. 73 For the text of the relevant Convention and in particular of its article 37 as adopted by the Conference, see p. 87 of this Yearbook. 74 In the final text of the Convention, the relevant provisions are to be found in article 67 and 72 respectively. 185 not seem that arguments to the effect that high officials of organizations ought to be treated more favourably than diplomatic envoys sent to those organizations would meet with much support. On occasion in the past, the United Nations Secretariat, without success, has taken a position against discrimination on grounds of nationality in the application of section 19 of its Convention. After the United States became a party to that Convention, the question arose as to the privileges to be accorded to high officials of United States nationality. In May 1971 the United States informed us that it would not extend diplomatic privileges to them. We replied, requesting the Department of State to change its position, and arguing: (i) that the plain meaning of "all Assistant Secretaries-General" was obvious; and that "in accordance with international law" referred only to the scope of the privileges to be accorded rather than to the persons entitled to them; (ii) that the original draft of the Convention prepared by the Preparatory Commission had contained a limitation that high officials could not invoke immunity as regards matters not connected with their official duties before courts of their country of nationality, but that this limitation had been rejected by the General Assembly at its first session; (iii) that section 15 of the United Nations Convention expressly provided that immunities were not applicable as between a representative and the State of which he was a national or which he represented, while there was no such express limitation in the case of high officials; and (iv) that the status of "international officials" provided in the Charter implied a prohibition of discrimination among them on grounds of nationality. The United States, however, upon reconsideration maintained its position and did not accept our arguments. We have not pursued the matter further, nor has the Secretariat protested the new United Kingdom Order relating to the United Nations. You have referred to the Italian instrument of accession to the Convention on the Privileges and Immunities of the Specialized Agencies, which was transmitted to us in 1952 but has not been registered owing to objections. That instrument contained two reservations, of which the second related to the immunities of high officials under section 21, but the first and more important related to the immunities of the organizations themselves under section 4. Both reservations were objected to, and thus, even if it comes to seem futile to insist on the diplomatic immunities of high officials in their own countries, no change of attitude is necessary in respect of the instrument of accession as a whole. I shall of course be glad to provide any further information that the Preparatory Committee may desire. 25 February 1975

25. 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 Memorandum prepared for the Secretary of the Property Survey Board15 at the United Nations Office in Geneva 1. The responsibility of a United Nations staff member for accidental damage to United Nations vehicles and, as the case may be, the amount for which he should be 75 The Property Survey Board is a Secretariat board whose function is to advise the Director of General Services and the Controller on losses of United Nations property and disposal of surplus property. 186 considered financially responsible towards the Organization, are determined in the light of a legal opinion contained in a memorandum dated 17 October 1969, from the Legal Counsel to the Chairman of the Headquarters Property Survey Board, commenting on a draft text that attempted to establish assessment policy guide-lines. The draft was never finalized, but paragraphs 3-9 of the Legal Counsel's memorandum (which comment on Section VII of the draft) are very relevant to the subject in question. They read as follows: __ "Section VII "3. Section VII of the draft 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, (6) 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. "4. 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. "5. To require a driver to be financially accountable in cases of the type referred to in (a) 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 to in (6). It is usual for owners of vehicles to insure themselves against, among other risks, the risk of damage to their vehicles as a result of negligence on Ihe part of the driver, whether the driver be the owner himself or someone driving on his behalf. An owner may of course find it more economical to be self-insured, namely, not to purchase insurance (and have an insurer bear the risk of damage) but to bear the risk himself. As you are aware, such is the case with the United Nations, which has decided that it is less expensive to be self-insured with respect to damage to its vehicles than to purchase insurance. In these circumstances it seems to us to be only equitable, if a United Nations vehicle is damaged while driven on official business in circumstances involving negligence but not gross negligence on its driver's part, that the Organization should meet resulting costs and not require the driver to bear such costs totally or in part. "6. There is a further consideration which should also be taken into account in this connexion, namely, that if in such cases United Nations drivers are required to bear resulting costs even partially, they would in the performance of their duties be subject to a degree of financial risk to which other staff members are not exposed. "7. We would not consider the imposition of a financial penalty in such cases as justifiable on the ground that the penalty may act as a deterrent against careless driving. In terms of Section III of the draft statement, in the event of an accident involving negligence on the part of a United Nations driver, the driver loses his entitlement to a safe driver's bonus for the car in question. He would also be open to administrative censure and perhaps to other non-financial administrative penalties as well. ... It seems to us that these are in themselves significant deterrents. To impose an additional deterrent by way of a financial penalty seems to us to be excessive in cases where gross negligence is not found. If an additional deterrent is felt to be desirable, it should not in our opinion take the form of a financial penalty in view of the inconsistency that would exist between such a 187 financial penalty and the Organization's policy of self-insurance with respect to damage to its vehicles. "8. It is our understanding that there are occasions in mission areas where staff members who are not full-time drivers find it necessary to drive themselves on official United Nations business. The imposition of a financial penalty on such staff members in cases not involving gross negligence on their part would seem to us to be even more unjustifiable than in cases involving full-time drivers. "9. We would recommend for these reasons that the financial penalty proposed in Section VII of the draft statement not be applied in the type of case we have referred to in category (b) in paragraph 3 above; and that the provisions of Section VII of the draft statement be amended accordingly." 2. I would like to add, by way of clarification in relation to paragraph 9 of the memorandum, that determination of a staff member's financial responsibility for losses to the Organization should in no case be considered a "financial penalty". The assessments or "surcharges" as the Board may recommend under Financial Rule 110.15 (Z>)76 are in the character of a recuperation of at least part of the losses incurred. One should therefore keep always in mind that these surcharges are not to be equated with the disciplinary measures provided for in chapter X of the Staff Rules. 6 October 1975

26. IMMUNITY OF STAFF MEMBERS AND THEIR IMMEDIATE FAMILIES FROM IMMIGRATION RESTRICTIONS AND FROM EXCLUSION AND DEPORTATION PROCEEDINGS UNDER THE CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS, THE HEADQUARTERS AGREEMENT BETWEEN THE UNITED NATIONS AND THE UNITED STATES AND THE IMMIGRATION LAW OF THE UNITED STATES Internal memorandum 1. This opinion deals with the visa status of two nationals of a Member State who were locally recruited and who both serve in the General Service category at Headquarters. Both hold probationary appointments. One entered the United States on a business visa (B-l) and the other entered the United States under a treaty-trader visa (E-l). Both currently hold G-4 visas, which were applied for by the United Nations on their behalf and which were summarily granted. Some time after the commencement of their appointments and the granting of their G-4 visas, both staff members applied under the appropriate staff rules and regulations to have members of their family join them and requested through the United Nations that those family members be granted G-4 visas. . . . 2. Under both the provisions of the Convention on the Privileges and Immunities of the United Nations77 (hereafter referred to as the "Convention") and the Head- quarters Agreement between the United Nations and the United States78 (hereafter referred to as the "Headquarters Agreement"), immunity is granted to officials of the 76 Financial Rule 110.15 reads as follows: ''''Writing-off losses of property "(fl) The Controller may, after full investigation in each case, authorize the writing-off of losses of United Nations property or such other adjustments of the records as will bring the balance shown by the record into conformity with the actual quanti- ties. "(6) Final determination as to all surcharges to be made against staff members or others as the result of losses will be made by the Controller." 77 United Nations, Treaty Series, vol. 1, p. 15. 7« Ibid., vol. 11, p. 12. 188 United Nations in matters relating to immigration restriction and alien registration. Article V, section 18, of the Convention in part states: "Officials of the United Nations shall: « "(d) Be immune, together with their spouses and relatives dependent on them, from immigration restrictions and alien registration; . . ." Article IV, section 11 of the Headquarters Agreement states in its relevant part: "The federal, state or local authorities of the United States shall not impose any impediments to transit to or from the headquarters district of: (1) representatives of Members or officials of the United Nations, ... or the families of such representatives or officials." Furthermore, article IV, section 13, states in part: "(a) Laws and regulations in force in the United States regarding the entry of aliens shall not be applied in such manner as to interfere with the privileges referred to in Section 11. When visas are required for persons referred to in that section, they shall be granted without charge and as promptly as possible." Sub-paragraph (b) (1) of section 13 further states that: "No proceedings shall be instituted under such laws or regulations to require any such person to leave the United States except with the prior approval of the Secretary of State of the United States. Such approval shall be given only after consultation with the appropriate Member, in the case of a representative of a Member (or a member of his family), or with the Secretary-General.... in the case of any other person referred to in Section 11." Under the Convention, the immunities granted to United Nations officials may be waived by the Secretary-General. Article V, section 20, states in relevant part: "The Secretary-General shall have the right and the duty to waive the immunity of any official in any case where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the United Nations . . ." On the other hand, where a dispute arises in which the Secretary-General is not disposed to waive the immunity of staff members and in which the United Nations seeks an enforcement of the status granted such officials, it may resort to the dispute settlement provision of the Headquarters Agreement embodied in article VIII, section 21 (a), reading as follows: "Any dispute between the United Nations and the United States concerning the interpretation or application of this agreement or any other supplemental agreement, which is not settled by negotiation or other agreed mode of settlement, shall be referred for final decision to a tribunal of three arbitrators, one to be named by the Secretary-General, one to be named by the Secretary of State of the United States, and the third to be chosen by the two, or, if they should fail to agree upon a third, then by the President of the International Court of Justice." 3. In addition to the Convention and Headquarters Agreement, United Nations officials are also given immunity from certain visa restrictions under Title 8 of the United States Code, which embodies the United States law regarding aliens and nationality; section 1102 provides that, as long as they continue in the nonimmigrant classes enumerated in that section, 189 "ineligibility to receive visas and exclusion or deportation of aliens shall not be construed to apply to non-immigrants . . . (3) within the classes described in paragraphs ... (15) (G) (iv) of section 1101 (a) of this title, except for those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraphs . . .". Section 1101 (a) (15) (G) (iv) in turn states that nonimmigrant aliens include "officers or employees of such international organizations, and the members of their immediate families". Therefore, it appears that under United States immigration law, neither section 1226 relating to the procedure for the exclusion of aliens, nor section 1251 relating to procedures for deportation of aliens may be applied to either staff members or their families where such individuals fall within the definition of section 1101 (a) (15) (G) (iv) and the protection afforded under section 1102 (3). 4. It is clear under the Convention, the Headquarters Agreement and the United States immigration law that (1) staff members holding G-4 visas and subject to the relevant provisions of immunity cannot be subjected to exclusion or deportation proceedings, and (2) the privileges and immunities granted those staff members are also extended to members of their families who, in turn, may not be lawfully refused G-4 visas and may not be lawfully excluded from the United States. 21 October 1975

27. QUESTION WHETHER A UNITED NATIONS OFFICIAL MAY BE GRANTED SPECIAL LEAVE TO COMPLETE MILITARY SERVICE IN HIS COUNTRY OF ORIGIN, IN THE LIGHT OF THE RELEVANT PROVISIONS OF THE CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS AND OF APPENDIX C OF THE STAFF RULES Internal memorandum The Office of Legal Affairs has been requested to give its opinion regarding the applicable law relating to military service of a staff member who is a national of a Member State. The staff member has requested that he be allowed to take special leave from the Organization to complete such service. 1. Under article V, section 18 (c), of the Convention on Privileges and Immuni- ties of the United Nations, officials of the Organization are immune from national service obligations. The Member State of which the staff member concerned is a national has acceded to the Convention without declaration or reservation. The Member State in question would, therefore, be obligated to recognize the immunity of an official under the terms of article V, section 18 (c). The staff member has a contract with the Organization which qualifies him as an official under the terms of article V, section 17, of the Convention. 2. Under section (c) of Appendix C of the Staff Rules, a staff member who has completed one year of satisfactory probationary service or who holds a permanent or regular appointment may, if called by a Member Government for military service, be granted special leave without pay by the Organization for the duration of that service. This is true even though section (a) of Appendix C recognizes that staff members who are nationals of those Member States having acceded to the Convention on the Privileges and Immunities of the United Nations are immune from such service. Section (1) of Appendix C furthermore states that the Secretary-General may apply the provisions of that Appendix where a staff member volunteers for military service or requests a waiver of his immunity under article V, section 18 (c) of the Convention. 3. The Secretary-General, therefore, has discretionary authority to grant special leave in the case of the staff member in question, even though the staff member is 190 exempt from national service obligation. The staff member may not waive his own immunity. Such immunity may be waived only by the Secretary-General in conformity with article V, section 20, of the Convention. 24 December 1975

28. EXEMPTION FROM TAXATION OF SALARIES AND EMOLUMENTS OF UNITED NATIONS OFFICIALS BY VIRTUE OF RELEVANT PROVISIONS OF THE CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS AND APPLICABLE GENERAL ASSEMBLY RESOLUTIONS WITH PARTICULAR REFERENCE TO THE POSITION OF MEMBERS OF THE SECRETARIAT AT UNITED NATIONS HEADQUARTERS IN NEW YORK Letter to a member of a Permanent Mission to the United Nations I am instructed to reply to your letter dated 3 February 1975 concerning the exemption from taxation to which officials of the United Nations stationed in New York are entitled. The tax status of United Nations staff members is governed by the Convention on the Privileges and Immunities of the United Nations, adopted by the Gênerai Assembly on 13 February 1946. Article V, section 18, of the Convention provides, inter alia, as follows: "Section 18. Officials of the United Nations shall: «c "(ft) Be exempt from taxation on the salaries and emoluments paid to them by the United Nations." Article V, section 17, of the Convention specifies the categories of officials to which article V shall apply. It reads as follows: "Section 17. The Secretary-General will specify the categories of officials to which the provisions of this Article and Article VII shall apply. He shall submit these categories to the General Assembly. Thereafter these categories shall be communicated to the Governments of all Members. The names of the officials included in these categories shall from time to time be made known to the Gov- ernments of Members." On 7 December 1946, the General Assembly adopted resolution 76 (I), entitled "Privileges and Immunities of the Staff of the Secretariat of the United Nations". In that resolution, the General Assembly approved "the granting of the privileges and immunities referred to in Articles V and VII of the Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly on 13 February 1946, to all members of the staff of the United Nations, with the exception of those who are recruited locally and are assigned to hourly rates". The categories specified by General Assembly resolution 76 (I) have remained unchanged. As regards members of the staff of the United Nations Development Programme stationed in your country, it would appear that their tax status is governed by article IX of the Standard Basic Agreement concerning Assistance concluded with UNDP. Although your country is not a party to the Convention on the Privileges and Immuni- ties of the United Nations, the relevant provisions of article V of the Convention 191 apply by virtue of article IX, paragraph 1, of the Standard Basic Agreement concerning Assistance, reading as follows: "1. The Government shall apply to the United Nations and its organs, including the UNDP and United Nations subsidiary organs acting as UNDP Executing Agencies, their property, funds and assets, and to their officials, including the resident representative and other members of the UNDP mission in the country, the provisions of the Convention on the Privileges and Immunities of the United Nations."79 In accordance with section 18 (b) of the Convention on the Privileges and Immunities of the United Nations, all members of the United Nations Secretariat stationed at Headquarters in New York, with the exception of those who are recruited locally and are assigned to hourly rates, are exempt from taxation on the salaries and emoluments paid to them by the United Nations. The only exception at Head- quarters results from the special situation in which officials of the United Nations who are nationals or permanent residents of the United States of America find themselves. When acceding to the Convention on the Privileges and Immunities of the United Nations on 29 April 1970, the United States Government reserved its position with respect to section 18 (6) in the case of nationals and permanent residents of the United States. Those officials therefore continued to be subject to the tax levied by the United States authorities on the salaries and emoluments paid to them by the United Nations. In establishing the Tax Equalization Fund (resolutions 973 (X) and 1099 (XI)), the General Assembly did all that could be done in practice to remedy the inequality which would otherwise have existed between officials who are subject to taxation and those who are exempt, and between the United States and the other Member States. Under this arrangement, United Nations officials at all levels are subject to assessment by the Organization in lieu of payment of national taxes, the total amount of the assessment being credited to the Member States; taxes paid by nationals and permanent residents of the United States are refunded to them and the refunds are charged against the sums standing to the credit of the United States in the Tax Equalization Fund. 12 May 1975

29. POLICY OF THE UNITED NATIONS REGARDING REQUESTS FROM GOVERNMENTAL AUTHORITIES FOR TESTIMONY OF STAFF MEMBERS NOT HAVING DIPLOMATIC STATUS Cable prepared for the Liaison Office of the International Atomic Energy Agency at United Nations Headquarters The policy of the United Nations regarding responses by staff members to inquiries from parliamentary bodies has not been formally articulated but is generally as follows: 1. If testimony is sought from a staff member not having diplomatic status vis-a-vis the authority concerned, there is immunity only concerning the work of the Organization and the staff member's duties therefor. The Organization will waive such immunity so as not to impede normal governmental processes but only if it deems it in its own interest to do so. In such case, it may also voluntarily offer testimony through an official, who may be sworn if necessary. 2. Any testimony given on the work of the Organization and the staff member's duties, whether offered voluntarily or pursuant to a waiver by the Organization of immunity against compelled responses, is subject to the direction 7» See Juridical Yearbook, 1973, p. 25. 192 of the Organization, that is, the Organization can instruct the staff member as to what to say and what responses to refuse. 3. If the testimony does not involve any official duties, a staff member not having diplomatic status is not immune from compulsion to testify, and not prohibited from testifying either voluntarily or under compulsion. Such testimony is not subject to instructions from the Organization but should be consonant with the obligations of staff members in particular regulation 1.4 of Staff Regula- tion, reading as follows: "Members of the Secretariat shall conduct themselves at all times in a manner befitting their status as international civil servants. They shall not engage in any activity that is incompatible with the proper discharge of their duties with the United Nations. They shall avoid any action and in particular any kind of public pronouncement which may adversely reflect on their status, or on the integrity, independence and impartiality which are required by that status. While they are not expected to give up their national sentiments or their political and religious convictions, they shall at all times bear in mind the reserve and tact incumbent upon them by reason of their international status." 2 December 1975

30. LEGAL VALIDITY OF THE USE BY A STAFF MEMBER OF THE UNITED NATIONS OF A NAME OTHER THAN THAT ACQUIRED AT BIRTH IN THE LIGHT OF NEW YORK LAW WHICH AS THE LAW OF THE STAFF MEMBER'S RESIDENCE IS THE APPLICABLE LAW IN THIS MATTER Memorandum to the Director, Division of Personnel Administration, Office of Personnel Services We have been asked to state our opinion as to the legal validity of the use by an employee of the United Nations of a name other than that acquired at birth. 1. It is our understanding that this employee has over a substantial period of time used the name by which she prefers to be known. She originally applied for a position with the United Nations under that name. Furthermore, she received her security clearance through the United States Civil Service Commission, indicating clearly both her name of birth and the name by which she currently holds herself out. She holds a social security card and bank account in the name which she has adopted. Therefore, all indications are that she is currently known by only that name. In addition, we have no indication that the adoption of that name represents fraud, is an attempt to evade creditors or in any way prejudices the rights of others. Failing such indication, the legal presumption should be that she has assumed that name for valid personal reasons not intended to prejudice the rights of others. 2. The employee is a resident of the State of New York, and for purposes of determining the legal validity of her change of name, the United Nations should look to the law of her residence. 3. Under New York law, a citizen may change his name in one of two ways, either by petition to a court of competent jurisdiction under section 60 of the Civil Rights Law of New York or by function of the common law of the jurisdiction. A change of name under the common law is a right independent of any statutory right and does not require authorization by the courts. At common law, the employee is entitled to change her name to anything she may wish by simply using the name as her own over a period of time, absent of fraud or the prejudicing of the rights of others. See Manor Homes, Inc. v. Sava, 73 Misc. 2d 660, 342 N.Y.S. 2d 291 (Civ.Ct. Queens 193 Co., 1973); Application of Middleton, 60 Misc. 2d 1056, 304 N.Y.S. 2d 145 (Civ.Ct. N.Y. Co., 1969). 4. The employee has held the name she has adopted for a substantial period of time. There is no evidence or presumption that her change of name involves either fraud or prejudice to the rights of others. Therefore, at common law the name in question is not only a name which she uses but is legally her name as prescribed by the law of the state of her residence. It is therefore the opinion of this Office that the employee's name consistent with her wishes and the law of New York State should be accepted. Of course, for administrative purposes and for purposes of continuity of employee records alone, your office may wish to make a note in its records of her former name as well as the name she has adopted. 3 June 1975

31. REGISTRATION OF TREATIES WITH THE SECRETARIAT OF THE UNITED NATIONS UNDER ARTICLE 102 OF THE CHARTER—QUESTION WHETHER TERMINATED TREATIES SHOULD BE REGISTERED Note verbale to the Permanent Representative of a Member State 1. The Secretary-General of the United Nations... has the honour to acknowledge the receipt of the Permanent Representative's note transmitting additional documentation for the purpose of registration, under Article 102 of the Charter, of the Trade Agreement of 7 April 1975 between the Permanent Representative's country and [name of a Member State]. 2. The above-mentioned Agreement was registered as of 17 June 1975. 3. On the same date the registration was also effected of the certified statement concerning the termination of the Trade and Economic Agreement of 7 June 1966 between the two countries, which was replaced by the Agreement of 7 April 1975. 4. Due note has been taken that the Permanent Representative's Government is of the view that the Understanding of 22 May 1974, which refers to the Special Accounts under the previous Agreement of 7 June 1966, need not be registered because the corresponding funds have to date been exhausted. In this connection, it might be pertinent to point out that neither Article 102 of the Charter nor the General Assembly Regulations to give effect to Article 102 exclude the registration of agreements which have been terminated, and that such agreements have actually been registered (see for instance United Nations, Treaty Series, vol. 642, p. 246). In addition to the general desirability of ensuring the completeness of the United Nations Treaty Series, there would seem to be two justifications for registering agreements already terminated: (a) The first one is that an agreement, although no longer in force, may have created lasting legal situations, possibly leading to the invocation of the treaty before an organ of the United Nations—an invocation which would be prohibited by Article 102, paragraph 2, of the Charter, should the agreement not have been registered. (b) The second reason is a broader one, linked to the general goal of Article 102 of the Charter, namely making international agreements public; that goal would clearly not be achieved if registration of agreements were to 194 be waived in consideration of the latter being of a short duration or having expired. Consequently, should the Permanent Representative's Government wish it to be done, it would be quite feasible to effect registration of the Understanding of 22 May 1974. 6 October 1975

32. DEPOSITARY FUNCTIONS OF THE SECRETARY-GENERAL—RULE THAT ANY ACT HAVING THE PURPOSE OF MODIFYING THE APPLICATION OF A TREATY MUST EMA- NATE FROM ONE OF THE AUTHORITIES EMPOWERED TO BIND THE STATE INTER- NATIONALLY Note verbale to the Permanent Representative of a Member State

9. It should be emphasized that the Secretary-General, in performing his depositary functions in respect of multilateral treaties, considers himself bound to respect the well-established international practice whereby acts having the purpose of modifying the application of a treaty must emanate from one of the three authorities empowered to bind the State internationally (Head of Stal:e, Head of Government, Minister for Foreign Affairs). When, for reasons which can be very varied but usually relate to the urgency of the formality, as is very often the case particularly where commodity agreements are concerned, the document does not bear the signature of one of those three authorities, the Secretary-General, while accepting deposit of the document, customarily requests the Government concerned to confirm the notification over the signature of one of the three authorities mentioned above. 10. This international practice is reflected in the Vienna Convention on the Law of Treaties, which, although it has not yet entered into force, is in large measure a codification of international custom. On this point, it follows from article 7, paragraph 2, of the Convention that representatives accredited to an international organization—i.e., in the present context, permanent representatives to the United Nations— are, in virtue of their functions and without having to produce full powers, considered as representing their State solely for the purpose of adopting a treaty between that State and the organization. This provision was reiterated and confirmed in article 12 of the Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character done at Vienna on 14 March 1975.80 In the case of multilateral treaties in respect of which the Secretary-General performs depositary functions and thus acts on behalf of the contracting States and not in his capacity as chief administrative officer of the United Nations, such as the Coffee Agreement, only the three traditional authorities—Head of State, Head of Government and Minister for Foreign Affairs—are empowered to bind the State. 11. A recent example illustrates the soundness of this practice. The Secretary- General received for deposit a notification made by a Permanent Mission on behalf of its Government pursuant to article 1, section B (2), of the Convention relating to the Status of Refugees of 28 July 1951 (geographical extension of obligations under the Convention). As the notification was in the form of a note verbale from the Permanent Mission of the State concerned, the Secretary-General, while accepting deposit of it, requested the Permanent Mission to submit a document in good and due form in accordance with the practice described above. In a subsequent communication, the Permanent Mission informed the Secretary-General that the formalities

87 Reproduced on p. 87 of this Yearbook. 195 required in order to make a notification in good and due form had not yet been completed and that the initial notification by the Permanent Mission should therefore be considered withdrawn (see circular C.N. 105.1975. TREATIES-1 dated 25 April 1975). 12. In conclusion, the Secretary-General considers it desirable that any instrument, notification or other document having the purpose of modifying the application of a treaty in respect of which he performs depositary functions should bear the signature of the Minister for Foreign Affairs or, if preferred, of the Head of State or the Head of Government. Notifications which do not modify the legal effects of the treaty—such as the designation of laboratories, of administrative or judicial authorities responsible for the administration of certain provisions of the treaty, etc.—could, however, be made over the signature of the permanent representative of the permanent mission. This procedure seems most likely, in the present state of international law, to ensure the certainty of international commitments by eliminating any doubt as to the extent of the mutual rights and obligations of States parties; it would therefore seem to be in the interest of all States. 17 June 1975

33. PARTICIPATION OF BELGIUM AND LUXEMBOURG IN MULTILATERAL TREATIES DE- POSITED WITH THE SECRETARY-GENERAL, IN THE LIGHT OF THEIR MEMBERSHIP IN THE BELGO-LUXEMBOURG ECONOMIC UNIONSI Internal note 1. The question of the participation of Belgium and Luxembourg in multilateral treaties deposited with the Secretary-General in the light of their membership in the Belgo-Luxembourg Economic Union is related to the problem of the representation of a sovereign State by another in certain fields of international treaty relations, which was briefly discussed in the Summary of the Practice of the Secretary-General as Depositary of Multilateral Agreements (ST/LEG/7, paras. 142 and 143).82 The Summary gives the example of Switzerland's instrument of accession to the Protocol on narcotic drugs of 11 December 1946, which specified that "the present declaration of accession is also valid for the Principality of Liechtenstein" (instrument deposited on 25 September 1947). It gives the further example of a notification—again by Switzerland—stating, under reference to article II of the Agreement providing for the provisional application of the Draft International Customs Conventions on Touring, on Commercial Road Vehicles and on the International Transport of Goods by Road, dated 16 June 1949 (Agreement signed on behalf of Switzerland on 16 June 1949), that the provisions of the draft conventions would also apply to the Principality of Liechtenstein, as the Principality formed part of the Customs Territory of the Swiss Confederation (notification received by the Secretary-General on 6 December 1949). 2. The question may present itself in two forms: (a) A State acts on its own behalf and also on behalf of one or more other States by virtue of the powers for so acting which it possesses under an agreement concluded between that State and the other State or States—as, for example, when Belgium ratifies a multilateral treaty on its own behalf si See also Juridical Yearbook, 1964, pp. 241-244. 82 A distinction must be made between the question of the representation of one State by another and the question of "multiple representation"—i.e., the representation of two or more States by one delegation or one individual duly empowered by all the States represented. 196 and on behalf of Luxembourg by virtue of the relevant provisions of the Convention between Belgium and Luxembourg, for the establishment of a Belgo-Luxembourg Economic Union; (b) A State acts directly on behalf of an entity (an economic union, an intergovernmental organization, etc.) although the participation of the entity as such is not provided for in the agreement; in this case, the Secretary- General will treat any reference to the entity as a reference to its constituent States (provided, of course, that the States constituting the entity are qualified individually to participate in the agreement, and the outcome is the same as in case (a) above.83 3. It should also be noted that the question may arise at any stage in the elaboration or adoption of a multilateral treaty or during its lifetime—for example, when a conference of plenipotentiaries is being convened and it must be decided who is to be invited, or in connexion with participation in the proceedings of the conference (taking of decisions and voting rights), or in such matters as signature and ratification. 4. The main problem, however, is to what extent the Secretary-General, as depositary, must accept formal acts emanating from the Government of a State which declares that it represents one or more other States by virtue of an agreement between the latter and the State in question.

6. The Secretary-General received for deposit on behalf of both the countries concerned Switzerland's instrument of accession to the Protocol of 11 December 1946 amending various agreements on narcotic drugs, which instrument was submitted as being valid also for Liechtenstein (cf. para. 1 above). It is true that the Government of the Netherlands and the Secretary-General of the League of Nations, the depositaries of the original agreements, had themselves accepted instruments issued by the Swiss Government stating that, under the terms of the arrangements concluded between Liechtenstein and Switzerland in 1929 and 1935 (in application of the Customs Union Treaty concluded on 29 March 1923), Liechtenstein would participate, so long as the said Treaty remained in force, in the international conventions which had been or might thereafter be concluded in the matter of narcotic drugs, it being neither necessary nor advisable for that country to accede to them separately. However, while Liechtenstein appears on the League of Nations list of States applying the agreements in question, no date of accession is given after its name; the declaration by Switzerland was simply reproduced in a foot-note.84 The accession to the Protocol of 11 December 1946, notification of which was made on behalf of Switzerland and Liechtenstein represents a new departure, in that what is

83 Usually, the Government which executes the formal act (the most frequent cases by far are ones involving the Government of Belgium) declares that it is acting either on behalf of the entity itself or on behalf of the constituent States, without, apparently attaching any particular legal significance to the choice of one formula rather than the other. If the participation of the entity as such is provided for by the competent forums or by the terms of the agreement, the Secretary-General will, of course, have no difficulty in accepting any formal acts pertaining to the elaboration and implementation of the multilateral treaty executed by the State to which the treaty constituting the economic union or the organization assigned the function of representation, provided that, where necessary, the latter treaty has been registered in accordance with Article 102 of the Charter. 84 See "twenty-first list" of the League of Nations, Official Journal, Special Supplement No. 193, p. 120. 197 involved here is not simply Liechtenstein's participation in an agreement applied by Switzerland but rather a formal accession by both countries. 7. At the United Nations Coffee Conference in 1962, Belgium was allowed to participate as the representative of the Belgo-Luxembourg Economic Union (in other words, of Belgium and Luxembourg). That decision, however, was clearly an exception, since it was not repeated the following year at the United Nations Olive Oil Con- ference. It should be noted, moreover, that the accession of Belgium and Luxembourg to the 1962 Coffee Agreement was confirmed in separate documents issued by Belgium and Luxembourg.85 8. In the case of the 1968 Coffee Agreement, the instrument of accession issued by the Belgian Government on its own behalf and on behalf of the Luxembourg Government under reference to the relevant provisions of the Belgo-Luxembourg Economic Union Convention was accepted without Luxembourg's being required to furnish separate powers (instrument deposited on 31 December 1969). Nor were such powers required of Luxembourg when the Belgian Government, in 1973, accepted on its own behalf and on behalf of the Luxembourg Government the extension of the same 1968 Coffee Agreement (in view of the procedure followed for the accession of the two countries to the 1968 Agreement itself). Similarly, the Protocol for the continuation in force of the International Coffee Agreement, 1968, as extended, was signed by Belgium on behalf of Luxembourg on the strength of full powers issued by the Belgian Government on behalf of Belgium and the Grand Duchy of Luxem- bourg pursuant to article 31 of the Consolidated Convention instituting the Belgo- Luxembourg Economic Union. 9. The 1972 Cocoa Agreement is a hybrid case. The Agreement was signed for Belgium and Luxembourg on 1 March 1973 by a plenipotentiary appointed by the Belgian Government, and no confirmation was required of the Luxembourg Government at that time. However, the notification of intention to ratify the Agree- ment made on 18 June 1973 by Belgium "on behalf of the Belgo-Luxembourg Economic Union" was followed first by a telegram of confirmation from the Minister for Foreign Affairs of Luxembourg, received on 18 June 1973 and then by a note verbale from the Permanent Representative of Luxembourg, received on 27 June 1973. Finally, on 28 June 1973, the Secretariat received from the Deputy Permanent Representative of Belgium a notification of provisional application of the Agreement, again "on behalf of the Belgo-Luxembourg Economic Union", the notification being deposited on behalf of Belgium and Luxembourg. 10. Where principles are concerned, these would appear to be two vital considerations: (a) Economic unions and treaties of union between two or more States are a fact of international treaty relations and cannot be ignored by the Secretary- General in so far as they are an expression of State sovereignty; (b) On the other hand, the Secretary-General, as the depositary of a multilateral treaty, acts on behalf of the parties to the treaty. This requires him, among other things, to ensure that the various formal acts provided for in the treaty are performed as precisely as possible, so that there may be no doubt in the minds of the parties as to the existence and scope of their mutual rights and obligations.

85 Communications received by the Secretary-General on 27 July and 28 September 1964, respectively; see Multilateral Treaties in respect of Which the Secretary-General Per- forms Depositary Functions (ST/LEG/SER.D/8; United Nations publication, Salas No. E.75.V.9), p. 408, foot-note 2. 198 11. It seldom happens that treaties of economic union contain clauses relating to the conclusion of and participation in "common" treaties of such clarity as to preclude any doubt concerning their scope. To cite only the case of the Belgo- Luxembourg Economic Union, article 31, paragraph 1, of the original 1921 Con- vention (subsequently revised and "consolidated") does provide that "Treaties and agreements relating to tariffs and trade, and international payment agreements relating to external trade, shall be common" (see United Nations, Treaty Series, vol. 547, p. 157); but article 31 also provides that treaties of that kind "shall be concluded by Belgium on behalf of the union, subject to the right of the Luxembourg Govern- ment to sign such treaties or agreements jointly with the Belgian Government", and that "No such treaty or agreement may be concluded, modified or denounced without the Luxembourg Government's having been consulted." This means that, when the depositary accepts deposit of an instrument issued by the Belgian Government which is presented as also binding the Luxembourg Government without requiring a document of confirmation from the latter, he is tacitly accepting that the relevant provisions of the treaty concluded between the two countries have been complied with. Yet it is open to question whether the depositary is qualified to make such a judgement. More- over—and although in the case of the Belgo-Luxembourg Economic Union the like- lihood of any difficulties is very remote—it seems extremely dangerous in principle to treat as binding on a Government an act for which if has not itself explicitly accepted responsibility. The certainty of international commitments is based largely on the clear and direct expression of the will of Governments. 8 May 1975

34. DEPOSITARY PRACTICE OF THE SECRETARY-GENERAL REGARDING THE PARTICIPA- TION OF NEW STATES IN TREATIES APPLIED TO THEIR TERRITORY PRIOR TO INDE- PENDENCE—REQUIREMENT THAT A DECISION OF SUCCESSION BE COMMUNICATED TO THE DEPOSITARY IN THE FORM OF A NOTIFICATION EMANATING FROM THE HEAD OF STATE, HEAD OF GOVERNMENT OR MINISTER FOR FOREIGN AFFAIRS Letter to the Secretary, International Narcotics Control Board This is a reply to your letter of 8 July 1975 concerning the status of the Single Convention on Narcotic Drugs, 1961.86 2. You mention that there seems to be a discrepancy between a publication of the Government of the United States, which shows Barbados, Botswana, The Gambia, Guyana, Nauru and Swaziland as being party to that Convention,87 and our annual publication Multilateral Treaties in respect of which the Secretary-General performs depositary functions, which does not list those States. 3. It appears from the information obtained by your office from the United States Mission at Geneva that the inclusion of the six States concerned in the above- mentioned publication is based either on "declarations of principles" communicated by the Governments of those States to the Secretary-General, or on the provisions of "devolution agreements" concluded between the States in question and the State previously responsible for their international relations, taking into account that the Single Convention on Narcotic Drugs had been made applicable to the territory of the former prior to independence. 4. The listing of the six States concerned in the United States publication seems to reflect differences in the respective depositary practices of the Secretary- 86 United Nations, Treaty Series, vol. 520, p. 151. 87 Treaties in force, A list of Treaties and Other Internationa! Agreements of the United States in Force on January 1, 1975, Department of State, United States of America. 199 General and of the Government of the United States with respect to the treatment of "declarations of principles" and provisions of a general nature regarding the position of new States in respect of treaties applied to their territory prior to independence. 5. As you know, a decision of succession results in having the succeeding State become bound, in its own name, by the treaty to which that decision applies, with exactly the same rights and obligations as if that State had ratified or acceded to, or otherwise accepted, the treaty. Consequently, it has always been the position of the Secretary-General, in his capacity as the depositary, to record a succeeding State as a party to a given treaty solely on the basis of a formal document similar to instruments of ratification, accession, etc., that is, a notification emanating from the Head of State, the Head of Government or the Minister for Foreign Affairs, which should specify the treaty by which the State concerned recognizes itself to be bound. Such notifications are deposited with the Secretary-General and the State concerned is henceforth officially listed in the records of the treaty as a party thereto. 6. The general declarations on the basis of which five of the six States referred to above were listed in the United States publication are not sufficiently authoritative, in our view, to have the States in question listed as parties in the official records of the Convention. In essence, those declarations indicated that a review of the treaties applied to the territory of the State before accession to independence was in progress and that the State concerned would specify in due course which treaties should continue to be considered as binding and which ones should be considered as having lapsed. Those declarations also mentioned that pending completion of the review it should be "presumed" (sometimes, "legally presumed") that each treaty had been suceeded to by the State concerned, and that action should be based on that presumption. However, such a "presumption", while it could be used as a basis for practical action, could certainly not be taken as a formal acknowledgement of the obligations contained in a given treaty, since it could be unilaterally reversed at any time in respect of any treaty. Finally, it should be emphasized that such "declarations of principles" are not sent to the Secretary-General in his capacity as depositary of multilateral treaties, but for the purpose of circulation to Member States of the United Nations and the specialized agencies. 7. The same reasoning applies to general provisions of succession contained in "devolution agreements" concluded between the new States and the States formerly responsible for their international relations. Here again, the very general wording does not allow for a formal action to be taken by the Secretary-General as the depositary of an individual treaty. To quote the exchange of letters of 20 June 1966 between the United Kingdom and The Gambia, for instance: "... it is the understanding of the (two Governments) that the Government of The Gambia are in agreement (i) that all obligations and responsibilities of the Government of the United Kingdom which arose from any valid instrument applying to The Gambia immediately before the 18th of February, 1965, continued to apply to The Gambia and were assumed by the Government of The Gambia as from that date . . .". Apart from the difficulty just mentioned, it should be stressed that participation in a multilateral treaty is normally the result of procedures specifically provided by the treaty and effected with the parties to that treaty or with the depositary appointed by them. A change in participation entails a change in the obligations and rights of all parties to the treaty, and it cannot therefore result from the provisions of another treaty, by virtue of the rule Pacta tertiis nee nocent nee prosunt which has been codified as article 34 of the Vienna Convention on the Law of Treaties. In the case of The Gambia, as a matter of fact, you will note that specific notifications of succession were transmitted to the Secretary-General after the conclusion 200 of the exchange of letters of 20 June 1966: such notifications were, of course, deposited with the Secretary-General, and The Gambia is listed in the official records as a party to the treaties concerned. No such notification, however, has been received from The Gambia in respect of the Single Convention on Narcotic Drugs. 24 July 1975

35. STATUS IN REGARD TO THE INTERNATIONAL COCOA AGREEMENT 1972 OF A NEWLY INDEPENDENT STATE TO WHOSE TERRITORY THE AGREEMENT HAD BEEN EXTENDED PRIOR TO INDEPENDENCE (1) DURING THE NINETY-DAY PERIOD WITHIN WHICH SUCH A STATE MAY NOTIFY THE SECRETARY-GENERAL THAT IT ASSUMES THE RIGHTS AND OBLIGATIONS OF A CONTRACTING PARTY; OR (2) AFTER THIS PERIOD HAS EXPIRED WITHOUT SUCH A NOTIFICATION HAVING BEEN MADE Letter to the Secretary of the Council, International Cocoa Organization 1. I refer to your letter concerning the status, in regard to the International Cocoa Agreement 1972,88 of [name of a dependent territory to which the Agreement was extended under article 70 (1) of the Agreement], once the territory attains independence. 2. You raised two questions: (1) What would be the status of the newly independent State in regard to the Agreement from the date of its independence until the date when it has notified the Secretary-General, in accordance with article 70 (4), that it has assumed the rights and obligations of a Contracting Party? (2) What would be the legal position if at the expiration of the ninety-day period provided for by article 70 (4), the newly independent State had not made the notification? 3. Since our exchanges on the subject, these questions have been settled in a way, because the State in question has notified the Secretary-General, immediately upon independence, that it had assumed the rights and obligations of a Contracting Party to the Agreement. However, the same situation could arise in connexion with another territory, and therefore our comments in this regard might still be useful. 4. The difficulty, as we see it, results from the ambiguous nature of the notification provided for by article 70 (4) of the present Agreement:89 while its very terms suggest that it is much in the nature of a standard notification of succession, giving any retroactive effect thereto would seem to run counter to the provision in the same article 70 (4), to the effect that the notifying State "shall, as from the date of such notification, be a Contracting Party to this Agreement". Also, retroactive effect could hardly be reconciled with various other provisions in the Agreement which imply that the membership of the International Cocoa Organization be known with certainty at all times. 88TD/COCOA.3/9. 89 Article 70 (4) reads as follows: "(4) When a territory to which this Agreement has been extended under paragraph 1 subsequently attains independence, the Government of that territory may within 90 days after the attainment of independence, declare by notification to the Secretary- General of the United Nations, that it has assumed the rights and obligations of a Contracting Party to this Agreement. It shall, as from the date of such notification, be a Contracting Party to this Agreement. If such a Party is an exporting member and is not listed in Annex A or Annex C the Council shall, as appropriate, establish a basic quota for it which shall be deemed to be listed in Annex A. If such Party is listed in Annex A, the basic quota specified therein shall be the basic quota for that Party." 201 5. In order to avoid a similar difficulty in the case of the 1975 Cocoa Agree- ment, we have proposed, through our Legal Liaison Officer in Geneva, to make present paragraph 4 into sub-paragraph (a), and to add a new paragraph (b) along the following lines: "(b) The Government of a new State which intends to make a notification under the preceding paragraph but which has not yet been able to complete the procedure necessary to enable it to do so may notify the Secretary-General of the United Nations that it will apply this Agreement provisionally. Such a Gov- ernment shall be a provisional member of the Organization until it makes its notification under the preceding paragraph or until the expiry of the 90-day period referred to therein, whichever is earlier." Thus a new State would not be treated as a party to the Agreement or a member of the Organization until it had effected one of the two notifications provided for by the new article 70 (4). A new State which had made a notification under article 70 (4) (b) would cease to be a provisional member of the Organization if, at the expiry of a 90-day period from the date of independence, it had not effected the formal notification provided for by the new article 70 (4)(a).90 6. We hope that no additional difficulties of that kind will be experienced in connexion with the 1972 Agreement. Should it be the case however, the Secretary- General, as the depositary, would take note of the decisions that the International Cocoa Council, which is responsible for the interpretation of the Agreement under article 61 thereof, may adopt. A decision such as the one that you mentioned, to the effect that a former dependent territory could be granted interim membership in the International Cocoa Organization, pending a formal notification by that territory that it has assumed the rights and obligations of a Contracting Party to the Agree- ment, would appear consistent with the powers of the Council. As we pointed out, there could be difficulties in accepting as a member of the Organization a State which has not yet accepted the obligations of the Agreement. We agree, however, that such a decision may constitute the best available solution on the practical plane; however, in order to avoid a controversy, such a decision should be taken without negative vote. 17 October 1975

36. PARTICIPATION IN THE INTERNATIONAL COFFEE AGREEMENT 1968—POSITION OF THE SECRETARY-GENERAL, AS DEPOSITARY OF THE AGREEMENT, WITH RESPECT TO ENTITIES THE STATUS OF WHICH IS UNCLEAR Cable to the Executive Director, International Coffee Organization In response to separate requests from two national liberation movements, addressed to the Secretary-General in his capacity as depositary of the International Coffee Agreement,91 with regard to membership in the International Coffee Organization, this office has provided the Secretary-General of the United Nations with the following advice: 1. Membership in the International Coffee Organization and other matters relating to the Organization are governed by the provisions of the International Coffee 90 In accordance with this proposal, an additional paragraph 5 along the lines of the text quoted above has been inserted in the relevant article (article 71) of the International Cocoa Agreement 1975. 91 United Nations, Treaty Series, vol. 647, p. 3. 202 Agreement 1968, as extended.92 Aside from the depositary functions which he exercises with respect to the Agreement, the Secretary-General has no authority with respect to the Agreement of the Organization. 2. Article 3 of the Agreement provides for memberchip in the Organization of Contracting Parties and their dependent territories; where a dependent territory achieves independence, article 6593 of the Agreement provides for the procedural steps to be followed in order for the Government of such a territory to assume the rights and obligations of a Contracting Party. 3. In the absence of recognition accorded by the members of the international community, that is to say action taken by a political organ of the United Nations or one of the specialized agencies, the Secretary-General has noi authority to grant recognition to a government. Once such recognition is accorded by the members of the international community, however, the Secretary-General would, in accordance with the provisions of article 65 of the Agreement, fulfil his depositary functions. 3 December 1975

37. DEPOSITARY PRACTICE OF THE SECRETARY-GENERAL WHEN HE RECEIVES, IN CONNEXION WITH A MULTILATERAL TREATY NOT CONTAINING A RESERVATIONS CLAUSE, AN INSTRUMENT WHICH INCLUDES RESERVATIONS Letter to the Director, Office of International Standards and Legal Affairs, United Nations Educational, Scientific and Cultural Organization 1. I have the honour to refer to your recent telex message concerning the practice of the Secretary-General as depositary of multilateral! treaties when he receives, in connexion with a multilateral treaty not containing a reservations clause, an instrument which includes reservations.

92 The International Coffee Agreement 1968, which was to expire on 30 September 1973, (1) was extended until 30 September 1975 with modifications by resolution No. 264 of the International Coffee Council approved on 14 April 1973, and (2) was further extended until 30 September 1976. A new Agreement has been concluded on 30 December 1975. 93 Article 65 of the International Coffee Agreement 1968, as; extended, reads as follows: "Notifications in respect of Dependent Territories "(1) Any Government may, at the time of deposit of an instrument of acceptance or accession, or at any time thereafter, by notification to the Secretary-General of the United Nations, declare that the extended Agreement shall apply to any of the territories for the international relations of which it is responsible and the extended Agreement shall apply to the territories named therein from the date of such notification. "(2) Any Contracting Party which desires to exercise its rights under Article 4 in respect of any of its dependent territories, or which desires to authorize one of its dependent territories to become part of a Member Group formed under Article 5 or 6, may do so by making a notification to that effect to the Secretary-General of the United Nations, either at the time of deposit of its instrument of acceptance or accession, or at any later time. "(3) Any Contracting Party which has made a declaration under paragraph (1) of this Article may at any time thereafter, by notification to the Secretary-General of the United Nations, declare that the Agreement shall cease to extend to the territory named in the notification and the Agreement shall cease to extend to such territory from the date of such notification. "(4) The Government of a territory to which the Agreement has been extended under paragraph (1) of this Article and which has subsequently become independent may, within 90 days after the attainment of independence, declare by notification to the Secretary-General of the United Nations that it has assumed the rights and obligations of a Contracting Party to the Agreement. It shall, as from the date of such notification, become a party to the Agree- ment." 203 You ask in particular whether this practice, as described in the report of the Secretary-General dated 29 January 1964, which was issued as document A/5687,94 has been modified since the adoption of the 1969 Vienna Convention on the Law of Treaties in order to take account of the rules contained in that Convention. 2. I confirm my reply by telegram of 28 August informing you that there has been no major change in this practice since resolution 1452 B (XIV) of 7 December 1959, which contains the most recent instructions of the General Assembly on the subject. As you know, the General Assembly, in that resolution, requested the Secretary-General to apply to all multilateral treaties of which he is the depositary the rules laid down in resolution 598 (VI) of 12 January 1952; according to the latter resolution, if reservations were formulated in relation to a treaty not containing any clauses on the subject the Secretary-General was to communicate the text of the reservations to all States concerned, leaving it to each State to draw legal consequences from such communications. 3. In performing his depositary functions, the Secretary-General is bound by the clauses of each treaty, by the decisions of the parties concerned and, failing these, by the instructions of the General Assembly. The Convention on the Law of Treaties (which in any event is not yet in force) is an instrument apart, the principles of which are not automatically applicable to the activities of the Secretary-General as depositary. The Secretary-General does not believe that he has any authority, in the absence of new instructions from the General Assembly, to adjust his practice to Vienna Convention rules which would be contrary to his present instructions. 4. The main difference between the present practice of the Secretary-General with regard to reservations and the rules of the Vienna Convention on the Law of Treaties concerns the time factor for implied acceptance of reservations. On this point, article 20, paragraph 5, of the Convention provides that, unless there are clauses to the contrary in the treaty, a reservation "is considered to have been accepted by a State if it shall have raised no objection to the reservation by the end of a period of 12 months after it was notified of the reservation or by the date on which it expressed its consent to be bound by the treaty, whichever is later". In accordance with the General Assembly's instructions, the practice of the Secretary-General does not at present allow for any time factor with regard to tacit acceptance. 5. Since 1959, however, the Secretary-General has had occasion to modify his practice on some points not covered by the General Assembly's instructions. For instance, in the case of new reservations formulated by a State upon succession to treaties which were applicable to its territory prior to independence, it has become the custom to accept the reservations in so far as they would have been permissible upon ratification or accession and to treat them, as regards the date of their entry into effect, as though they had been formulated upon ratification or accession (this means, in particular, that the newly formulated reservations will take effect only on the expiry of the period, if any, specified by the agreement for the entry into force of ratifications, accessions, etc.). This practice has not met with any objections by the States concerned; I would refer you in this connexion to the commentaries in the report of the International Law Commission on the work of its twenty-fourth session.95 2 September 1975

94 Reproduced in the Yearbook of the International Law Commission, 1965, vol. II, p. 74. 95 Official Records of the General Assembly, Twenty-seventh Session, Supplement No. 10 (A/8710/Rev.l), p. 42. 204 38. INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS96— FULFILMENT OF THE CONDITIONS PROVIDED FOR BY ARTICLE 27 (1) OF THE COVENANT FOR THE PURPOSE OF ITS ENTRY INTO FORCE Communication sent to all States entitled to become parties to the aforementioned instrument9'1 I have the honour, upon instructions from the Secretary-General, to inform you that, on 3 October 1975, the instruments of ratification by the Government of Jamaica of the International Covenant on Economic, Social and Cultural Rights, the Interna- tional Covenant on Civil and Political Rights and the Optional Protocol to the Inter- national Covenant on Civil and Political Rights, all opened for signature at New York on 19 December 1966, were deposited with the Secretary-General. The ratification by the Government of Jamaica of the International Covenant on Economic, Social and Cultural Rights has brought to 35 the number of instruments of ratification and accession deposited with the Secretary-General in so far as concerns the said Covenant, and the conditions provided for by article 27 (1) of the latter for the purpose of its entry into force have consequently been fulfilled. It should be noted, however, that several of the 35 instruments thus deposited with the Secretary-General in respect of that Covenant were accompanied with reservations or declarations that were communicated in due course to the States concerned by means of circular letters [see the Secretariat publication entitled Multilateral Treaties in respect of which the Secretary-General performs depositary functions—List of Signatures, Ratifications, Accessions etc. as at 31 December 1974 (doc. ST/LEG/SER. D/8), where all such reservations and declarations that were made before 1 January 1975 are also reproduced]. Among the above-mentioned reservations three drew objections from a signatory State (see circular letters C.N.66.1969.TREATIES-6 of 7 May 1969, C.N.I34.1969.TREATIES-8 of 7 August 1969, C.N.82.1970.TREA- TIES-6 of 1 June 1970, C.N.I07.1970.TREATIES-8 of 29 July 1970, C.N.I3.1971. TREATIES-1 of 18 February 1971 and C.N.47.1971.TREATIES-2 of 15 April 1971: the reservations and objections in question also appear in the above-mentioned Sec- retariat publication). In this connexion, it will be recalled that, by resolutions 598 (VI) and 1452 B (XIV), the General Assembly instructed the Secretary-General not to pass, in the exercise of his functions as depositary, on the legal effects of documents containing reservations or objections, and to leave it to each State to draw legal consequences from such communications. It may be assumed that, without prejudice to the position which they may adopt concerning the application of the Covenant as between themselves and each of the reserving States, the intention of the States concerned is to have all the 35 instruments deposited with the Secretary-General as at 3 October 1975 be taken into account for the purpose of determining the date of entry into force of the Covenant: reference is made in this regard to the Convention of 29 April 1958 on the High Seas, the entry into force of which raised a similar problem (see the Secretary-General's report (A/5687) entitled "Depositary Practice in relation to Reservations", Part II, paragraphs 31 to 33, in Yearbook of the International Law Commission, 1965, Vol. II,, p. 103).

96 Opened for signature at New York on 19 December 1966. For the text see Juridical Yearbook, 1966, p. 170. 97 Under article 26, participation in the Covenant is open to any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the ICJ and by any other State which has been invited by the General Assembly of the United Nations to become a party to the Covenant. 205 Accordingly, the Covenant would enter into force three months after the date of the deposit of the instrument of ratification by Jamaica, that is to say on 3 January 1976. In the absence of a notification to the contrary by the Contracting States within 90 days from the date of this letter, it will be the Secretary-General's understanding that those States are in agreement with the above.98 3 October 1975

39. RESERVATIONS OR DECLARATIONS MADE BY STATES AT THE TIME OF SIGNING, RATIFYING OR ACCEDING TO MULTILATERAL CONVENTIONS IN RESPECT OF WHICH THE SECRETARY-GENERAL PERFORMS DEPOSITARY FUNCTIONS—PRACTICE FOLLOWED BY THE DEPOSITARY REGARDING COMMUNICATIONS THE NATURE OF WHICH IS UNCLEAR, IN THE CASE OF CONVENTIONS PROVIDING FOR A SPECIFIC PROCEDURE TO BE APPLIED IN RESPECT OF RESERVATIONS Memorandum to the Deputy Director, Division of Human Rights

Your memorandum concerning communications made by States when signing, ratifying of acceding to the International Convention on the Elimination of All Forms of Racial Discrimination" raises general questions regarding the manner by which the Secretary-General in his capacity as the depositary of an international agreement ascertains the intent of the government concerned as to the nature of a communication (reservation or declaration), and the possible legal effects of a mere declaration or statement of interpretation on the obligations of the State concerned with respect to the Convention. 6. Concerning the first part of that question, I would like to refer you to the report prepared by the Secretary-General, pursuant to General Assembly resolution 1452B (XIV), on the subject of the depositary practice in relation to reservations (document A/5687, reproduced in the Yearbook of the International Law Commission, 1965, vol. II, p. 74), and more specifically to Part II, paragraphs 1 to 5, of that report. As you will see, the Secretary-General in his capacity as the depositary of an international agreement, acts solely, under the General Assembly directives, as the representative of the parties. When a treaty—for instance, the Convention on the Elimination of All Forms of Racial Discrimination—provides for a specific procedure to be applied in respect of reservations, the Secretary-General has of course to determine, at least tentatively, whether the statement would result in expanding or diminishing the scope of the treaty, in which case it should be regarded as a reservation. To that end, the Secretary-General will not necessarily abide by the description given by the State concerned: he may have to explore the substance of the matter and ask for clarifications from the Government. Assuming a doubt remains even after such clarifications, he may seek from the Government an additional statement to the effect that the declaration does not purport to modify the application of the treaty: the latter statement will be communicated to the other States concerned together with the first one, which will then not be treated as a reservation. On the other hand, it has happened that a statement described by a Government as a "reservation" appeared to constitute in fact a mere declaration not modifying the scope of the treaty, and that it was communicated as such to the States concerned after consultation with the declaring State. 7. In the case of the Convention on the Elimination of All Forms of Racial 98 The Covenant entered into force on 3 January 1976. 99 United Nations, Treaty Series, vol. 660, p. 195; also reproduced in the Juridical Year- book, 1965, p. 63. 206 Discrimination, the circular letters by which the Secretary-General informed the States entitled to become parties to the Convention of a ratification or accession accompanied by a reservation did not include the date of entry into force of the Convention with respect to the reserving State until the expiry of the ninety-day period provided for by article 20 of the Convention for the purpose of formulating objections to the reservations. After the expiry of the ninety-day period, another circular letter would be sent to the States concerned to inform them of the entry into force of the Convention in respect of the reserving State. 8. As to the second aspect of the general question raised in your memorandum, i.e. the procedure applied by the Secretary-General to declarations that are not deemed to constitute reservations, and the possible legal effects of such declarations, it will be noted that all such declarations were communicated by circular letters to the States entitled to become parties to the Convention together with the ratifications and accessions to which they were appended. The date of entry into force of the Convention with respect to the declaring State was, of course, indicated in the circular letter. Finally, declarations other than reservations should be deemed to be without legal effect on the obligations of the declaring State under the Convention, since they would otherwise have to be considered as reservations. 23 July 1975

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

1. WORLD HEALTH ORGANIZATION ATTACHMENT OF TERMINAL EMOLUMENTS OF A STAFF MEMBER Memorandum to the Chief of Administration and Finance of a field programme issued by the Service for Constitutional and Legal Matters With reference to your memorandum of 18 August 1975, concerning the "saisie- arrêt" ordered by a court at the request of a creditor of Mr. X, I should like to advise you that the Organization enjoys immunity from every form of legal process under Sections 4 and 5 of the Convention on the Privileges and Immunities of the Specialized Agencies100 to which the Government concerned has acceded and which reads as follows: "Section 4 "The specialized agencies, their property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except hi so far as in any particular case they have expressly waived their immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution. "Section 5 "The premises of the specialized agencies shall be inviolable. The property and assets of the specialized agencies, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action." 100 United Nations, Treaty Series, vol. 33, p. 261. 207 The immunities granted by these clauses have consistently been interpreted both by the organizations of the United Nations system and by the courts of various countries, as preventing the issue of a garnishee order or "saisie-arrêt" against an Organization in respect of the salary to be paid to a staff member who has incurred a private debt (see Yearbook of the International Law Commission, 1967, Vol. II, pp. 223-226 and 303). On the other hand, it has been recognized that this interpretation, the essence of which is the maintenance of freedom of the Organization enjoying the immunity, does not imply that the Organization may not itself decide to take part in such garnishee proceedings, in particular if it considers that the requirements of justice so demand, but only that the determination in each case is one to be made by the Organization itself (ibid., p. 224, para. 76). Since the present case might well qualify for this course of action, I would suggest that the WHO Representative inform the Foreign Ministry that the Organization, while generally asserting its immunity from proceedings of this nature, has decided on a voluntary basis to refrain for the moment from paying over to the former staff member his terminal emoluments. The Organization would make its decision as to whether payment should be made to the creditor or to the former staff member as soon as the former's claim has been finally determined by the competent courts and the Organization has been so informed by the Foreign Ministry. In the meantime, Mr. X. should be informed of the situation by copies of the judicial documents received and should be invited to submit without delay any comments he may wish to make and, if he contests the claim, to defend his cause in the appropriate manner before the competent courts. 17 September 1975

2. UNIVERSAL POSTAL UNION

LIABILITY IN RESPECT OF DAMAGE CAUSED BY A CORRESPONDENCE ITEM OR BY A POSTAL PARCEL TO OTHER POSTAL ITEMS (1969 TOKYO CONVENTION, ARTICLE 42, AND POSTAL PARCELS AGREEMENT, ARTICLE 41) Opinion given by the International Bureau An administration asked the International Bureau if, under article 42 of the 1969 Tokyo Universal Postal Convention,101 the sender of a postal item causing damage to another postal item is liable, within the same limits as administrations themselves, for any damage caused to other postal items as a result of non-compliance with the conditions of acceptance. In its reply, the International Bureau gave the following opinion. 1. The Vienna Congress of 1964 accepted proposal 3143 which introduced, with respect to letter-post items, liability similar to that already existing for senders of postal parcels under the relevant Agreement (article 41 of the Agreement). The texts of articles 42 of the Convention and 41 of the Postal Parcels Agreement102 are

101 United Nations, Treaty Series, vol. 809, p. 91. i°2/Z>iW., p. 260. 208 strictly identical, with the possible exception of paragraph 3, the application of which is not really at issue in the case under consideration. These two articles should therefore have the same scope and be applied uniformly, since the same liability is involved. 2. This liability applies to damage caused by a correspondence item or by a postal parcel to other postal items. It is quite different and independent from that assumed by postal administrations, which varies, depending on whether letter-post items or postal parcels are involved. It would be wrong to suppose l:hat the wording "within the same limits as administrations themselves" could mean that the sender's liability extends solely to the loss of registered items because the liability of postal administrations is limited to losses with respect to letter-post items. This phrase must be understood to mean that the indemnity paid to the sender of a damaged item is limited to registered items and to the indemnity paid by administrations for the loss of such items, which is at present 40 gold francs. 3. With regard to payment of the indemnity, it is the responsibility of the administration of origin to indemnify the sender of the damaged item up to the amount payable in cases of total loss and to recover the indemnity from the sender who is liable, since this indemnity comes under the UPU Acts and its payment incumbent on postal administrations. Article 44 of the Convention is therefore applicable, mutatis mutandis, to the case in question. Furthermore, according to article 42, paragraph 3, of the same Convention, where appropriate it is for the administration of origin to take action against the offending sender. In that event, as in cases where there is no action at law, it is the responsibility of the administration of origin to indemnify the sender of the damaged item without awaiting the result of the action at law., 4. The conditions governing the application of article 42 of the Convention are as follows: (a) The damaged item must belong to one of the categories for which postal administrations assume liability. (b) There must be a direct and definite causal means between the damaged item and the item causing the damage. (c) The damage must have been caused by one item to another item, without this being due to fault or negligence on the part of postal administrations or carriers. (d) The item which caused the damage must fail to meet the requirements concerning packaging or be subject to a prohibition under article 29 of the Convention. It should be noted that, according to article 42, paragraph 2, the acceptance by the office of posting of an item shall not relieve the sender of his liability.

209

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

Chapter VII

DECISIONS AND ADVISORY OPINIONS OF INTERNATIONAL TRIBUNALS

[No decision or advisory opinion from international tribunals on questions relating to the United Nations and related intergovernmental organizations to be reported for 1975.]

213 Chapter VIII

DECISIONS OF NATIONAL TRIBUNALS

1. Austria

ADMINISTRATIVE COURT OF VIENNA (VERWALTUNGSGERICHTSHOF) X. v. VIENNA FEDERAL POLICE BOARD: DECISION OF 11 APRIL 1975 Scope of the immunity from legal process enjoyed by officials of International Atomic Energy Agency in Austria under the Agency's Headquarters Agreement The plaintiff, from whom the respondent authority demanded payment of a fine of 5,000 schillings for drunken driving, maintained before the Court that at the time of the automobile accident as a result of which the fine had been levied on him he had been "carrying out his duties as an employee of the International Atomic Energy Agency" and could therefore claim immunity ad hoc. The Court noted that the plaintiff was evidently referring to article XV, section 38 (a), of the Headquarters Agreement between Austria and IAEA,1 which reads as follows: "Officials of the IAEA shall enjoy within ... the Republic of Austria the following privileges and immunities: "(a) Immunity from legal process of any kind in respect of words spoken or written, and of acts performed by them, in their official capacity; such immunity to continue notwithstanding that the persons concerned may have ceased to be officials of the IAEA." The Administrative Court stated that it shared the opinion of the respondent authority that the plaintiff's travel at the time of the infraction was of a purely private nature and in no way arose from the exercise of his official duties on behalf of the Agency; the plaintiff was not, therefore, exempt from the jurisdiction of Austrian tribunals. His allegations that the respondent authority had not studied the question of his immunity and had not permitted him to see an allegedly essential document setting out the position of the Ministry of Foreign Affairs were therefore immaterial. Since the Administrative Court was unable to establish that the respondent authority had acted illegally, the appeal was rejected as being without foundation.

1 United Nations, Treaty Series, vol. 339, p. 110.

214 2. Switzerland

CANTONAL TRIBUNAL OF THE CANTON OF VAUD, CIVIL COURT X. v. Y.: JUDGEMENT OF 14 MARCH 1975 Suit against an official of the World Health Organization enjoying immunity from legal process in Switzerland under the WHO Headquarters Agreement—Cross- petition by the defendant designed in particular to have the original suit declared inadmissible by reason of the incompetence of the Tribunal—Object of the privileges and immunities granted to WHO officials under the above-mentioned Headquarters Agreement—Granting of time for the opposing party to take the steps necessary for the waiving of the immunity The plaintiff brought suit with a view to securing payment by the defendant of a certain sum which the latter had, according to the plaintiff, retained as security for the purpose of executing a contract for the sale of immovable property. The defendant then submitted a cross-petition designed in particular to have the original suit declared inadmissible on the grounds that she was an international official of the World Health Organization and therefore enjoyed complete immunity from legal process in Switzerland. The respondent in the cross-petition, noting that the petitioner was taking the course of a cross-petition, concluded therefrom that she was renouncing her claim to immunity from legal process at least in the cross-petition and that the question of the Tribunal's competence to rule on the cross-petition therefore did not arise. The judge stressed, however, that in procedural matters he was not bound by the agreement of the parties. In studying the admissibility of the cross-petition, he noted that the petitioner held an identity card issued by the Federal Political Department, which proved her status as a high official; she thus came within the category of officials defined in article 16 of the Agreement between the Federal Council and WHO concerning the Legal Status of that Organization in Switzerland2 and therefore enjoyed the immunities granted to diplomatic agents by the Vienna Convention on Diplomatic Relations.3 The substance of the case being of a pecuniary nature, it followed from article 31, paragraph 1, of the Vienna Convention interpreted a contrario that the petitioner enjoyed immunity from civil jurisdiction and that the respondent could

2 United Nations, Treaty Series, vol. 26, p. 331. Article 16 reads as follows: "DIPLOMATIC IMMUNITIES OF THE DIRECTOR-GENERAL AND CERTAIN OFFICIALS "The Director-General of the World Health Organization and certain officials of the categories designated by him and agreed to by the Swiss Federal Council shall enjoy the privileges, immunities, exemptions and facilities granted to diplomatic agents in accordance with international law and custom." 3 United Nations, Treaty Series, vol. 500, p. 95. Article 31, para. 1, reads as follows: "1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of: "(a) a real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission; "(6) an action relating to sucession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State; "(c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions." 215 secure the waiving of such immunity only through the diplomatic channel (articles 25 and 26 of the above-mentioned Headquarters Agreement). The judge pointed out, however, that, while certain WHO officials enjoyed diplomatic immunities in abstracto, the object of those immunities, under the terms of articles 21 and 22 of the Headquarters Agreement, was solely to ensure the free functioning of that organization; the immunity enjoyed by the petitioner could therefore be waived, and it would have been unduly formalistic to declare the Court incompetent without giving the respondent an opportunity to take steps aimed at securing the waiving of the immunity. The judge continued as follows: "The principle is that, when an official of an international organization invokes the benefit of immunity from legal process on the basis of the provisions of a headquarters agreement which permits the Federal Political Department to request the said organization to waive the immunity, the opposing party should be granted time to take the steps necessary for the waiving of the immunity, since the invalidation of the suit must be expressly provided for in order to be declared. The grounds of immunity from legal process is an exception which does not always have an absolute and definitive character, at least so long as an authority may be called upon to rule on a request that the immunity should be waived and so long as the competent authority has not refused to waive it." The judge also noted that, instead of warning the respondent of the privilege she enjoyed, the petitioner had always concealed from him her status as a WHO official and had, on the contrary, taken steps with a view to a trial before the judicial authorities. He observed that negotiations prior to the commencement of a trial established a relationship between the parties which was sanctioned by objective law. Of course, each party was in principle the defender of his own interests and should acquaint himself with the chances and perils of the acts which he was contemplating, but negotiations sometimes called for a certain degree of co-operation. Fairness and dispatch required that everyone should respect certain rules in the exercise of his rights, even if he exercised them through judicial proceedings. It would therefore have been inequitable that the petitioner should have gained any benefit by acting contrary to good faith. The judge consequently granted the respondent a period of one month to secure the waiving of the petitioner's immunity from legal process.

216 Part Four BIBLIOGRAPHY

LEGAL BIBLIOGRAPHY OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZATIONS MAIN HEADINGS A. INTERNATIONAL ORGANIZATIONS 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

219 A. INTERNATIONAL ORGANIZATIONS IN GENERAL ORGANISATIONS INTERNATIONALES EN GÉNÉRAL ME^KAYHAPOAHblE OPFAHHSAHMH B IJEJIOM ORGANIZACIONES INTERNACIONALES EN GENERAL 1. General Ouvrages généraux Oôufue meMbi Bibliografia general

Bowett, D. W. The law of international institutions. 3. ed. London, Stevens and Sons, 1975, 382 p. (Library of world affairs, 60.) Doxey, Margaret. International organisation in foreign policy perspective. In Yearbook of world affairs, 1975. London, Stevens and Sons, 1975, p. 173-195. Ecobescu, Nicolae et Ion Voicu. Les organisations internationales dans le monde contemporain. Revue roumaine d'études internationales (Bucarest)9:103-118, 1975, n° 2. Xissfnger, H. A. International law, world order, and human progress. New York State Bar journal (Albany, N.Y.)47:542-544, November 1975. Palfreeman, A. C. From international law to peace science. In Annuaire de l'Association des auditeurs et anciens auditeurs de l'Académie de droit international de La Haye, v. 42/43, 1972/1973. La Haye, Martinus Nijhoff, 1975, p. 107-132. Paone, Pasquale. Diritto e organizzazione internationale: spunti critici e ricostruttivi. Rivista di diritîo internazionale (Milano)58:469-508, 1975, no. 3. Pecourt Garcia, E. La acciôn normativa de las organizaciones internacionales. In Anuario de derecho internacional, v. 1, 1974. Pamplona, Departamento de Derecho Internacional Pûblico y Privado, Facultad de Derecho, Universidad de Navarra, 1974, p. 165-222. Piquemal, Alain. Du droit international à une science de la paix. In Annuaire de l'Association des auditeurs et anciens auditeurs de l'Académie de droit international de La Haye, v. 42/43, 1972/1973. La Haye, Martinus Nijhoff, 1975, p. 133-154. Puig, Juan Carlos. Derecho de la comunidad internacional. Buenos Aires, Depalma, 1974- 1 v. Seara Vâsquez, Modesto. Tratado general de la organizaciôn internacional. Mexico [1974], 1066 p. (Fondo de Cultura Econômica, Mexico, Secciôn de obras de politica y derecho.) Sepûlveda, C. Implications for thé future; design of viable international institutions. Natural resources journal (Albuquerque, N. Mex.)15:215-221, January 1975. Takano, Yuichi. The law of international organizations. Rev. ed. Tokyo, Yuhikaku, 1975, 650 p. In Japanese. Yalem, R. J. The concept of world order. In Yearbook of world affairs, v. 29, 1975. London, Stevens and Sons, 1975, p. 320-336.

2. Particular questions Ouvrages concernant des questions particulières OmdejibHbie eonpocbi Cuestiones particulars

Beirlaen, André. La distinction entre les différends juridiques et les différends politiques dans la pratique des organisations internationales. Revue-belge de droit international (Bruxelles)l 1:405- 441, 1975, n° 2. Bernhàrdt, R. The nature and field of application of the internal law of international organizations. Law and State (Tubingen)10:7-26, 1974. Busch, J.-D. Dienstrechtsreform der UN-Organisationen. Ôffentliche- Verwaltung (Stuttgart)28:15- 23, Januar 1975.

220 Constas, D. C. Capacity of international organizations to exercise political "pressure". Revue hellénique de droit international (Athènes)26-27:338-360, 1973-1974. Frey-Wouters, E. The relevance of regional arrangements to internal conflicts in the developing world. In Moore, J. N. Law and civil war in the modern world. Baltimore, Md., Johns Hopkins Press, 1974, p. 458-496. Harremoes, E. Le rôle des organisations internationales en matière pénale. Revue internationale de droit pénal (Paris)45:465-473, 1974. Malinverni, G. Le règlement des différends dans les organisations internationales économiques. Leiden, Sijthoff, 1974.251 p. (Institut universitaire de hautes études internationales. Collection de droit international, 3.) Mitic, Miodrag. Becka konvencija o predstavljanju drzava u njihovim odnosima sa medunarodnim organizacijama univerzalnog karaktera; cetvrta kodifikacija diplomatskog prava. Medunarodni problemi (Beograd)27:84-100, 1975, no. 2. Summaries in English and Russian. [The Vienna Convention on the Representation of States in International Organizations of a Universal Character.] Monaco, R. Capacités de droit privé des organisations internationales. In Cacmmerer, Ernst von [et al.]. Festschrift fur Pan J. Zepos anlàsslich seines 65. Geburtstages am I. Dezember 1973. Athen, Freiburg, 1973, p. 475-490. Salmon, J. J. A. Le procédé de la fiction en droit international public. Revue belge de droit inter- /wrt0/w/(Bruxelles)10:ll-35, 1974, n° 1. Schroer, Friedrish. On thé application of state immunity from enforcement measures to international organisations. In Revue égyptienne de droit international, v. 30, 1974. Le Caire, Société égyptienne de droit international, 1974, p. 76-90. Sinha, S. Prakash. Identifying a principle of international law today. In Canadian yearbook of international law, v. 11,1973. Vancouver, B.C., University of British Columbia, 1974, p. 106- 122. Trêves, T. Les unités de compte dans les conventions et organisations internationales. In Annuaire français de droit international, v. 20,1974. Paris, Centre national de la recherche scientifique, 1975, p. 753-772. Weiss, T. G. International bureaucracy; an analysis of the operation of functional and global international secretariats. Lexington, Mass., Heath, 1975, 187 p. (Lexington books.)

B. UNITED NATIONS ORGANISATION DES NATIONS UNIES OPFAHH3ALl,H.fl OEtËAMHEHHblX HAIJHM NACIONES UNIDAS

1. General Ouvrages généraux Oôiifue meMbi Bibliografia general

Bolintineanu, Alexandru. Preventive multilateral diplomacy of the United Nations. Revue roumaine d'études internationales (Bucarest)9:l51-161, 1975, n° 2. Bossano, L. De la Carta del Atlântico a las Naciones Unidas. Estudios de derecho (Medellin, Colombia)35:221-241, 1974. Brown, R. P. Jr. United Nations at thirty; what next? American Bar Association journal (Chicago)61:1218-1219, October 1975. Cassan, H. Le consensus dans la pratique des Nations Unies. In Annuaire français de droit international, v. 20,1974. Paris, Centre national de la recherche scientifique, 1975, p. 456-485.

221 Chaudhuri, H. Fundamentals of human unity. Eastern journal of international law (Madras)6:261- 269, January 1975. Ciobanu, Dan. Preliminary objections related to the jurisdiction of the United Nations political organs. The Hague, Martinus Nijhoff, 1975, 230 p. Conforti, Benedetto. Le rôle de l'accord dans le système des Nations Unies. In Recueil des cours de l'Académie de droit international de La Haye, 1974-11. Leyde, A. W. Sijthoff, 1975, p. 203-288. Degan, V. D. La portée juridique des principes des Nations Unies. In Revue égyptienne de droit international, v. 30, 1974. Le Caire, Société égyptienne de droit international, 1974, p. 1-26. Ecobescu, Nicolae et Victor Duculescu. Creçterea rolului organizaîei natiunilor unité în lumea contempranà. Studii si cercetâri juridice (Bucuresti)20:229-234, 1975, no. 3. [L'accroissement du rôle de l'Organisation des Nations Unies dans le monde contemporain.] Edmonds, I. G. The United Nations; successes and failures. Indianapolis, Bobbs-Merrill [1974], 202 p. Illus. Falk, Richard A. American attack on the United Nations; an interprétation. Harvard international law journal (Cambridge, Mass.)l6:566-575, summer 1975. Furukawa, Ujiyuki. Introduction to the study of the United Nations; a theory of world structure. Kyoto, Kokusai Shuppan Sha, 1974, 428 p. In Japanese. Holly, D. A. L'O.N.U., le système économique et la politique internationale. International organization (Madison, Wis.)29:469-485, spring 1975. Jankowitsch, Odette. Survey of international lawmaking by the United Nations'1973-1975. Journal of international law and economics (Washington, D.C.)10:761-795, August-September 1975. Jankowitsch, Peter. The utility of the United Nations system. Journal of international law and economics (Washington, D.C.)10:689-699, August-September 1975. La Pira, Gaetano. Le Nazioni Unite tra crisi e tentativi di rilancio. In Annuario di politica internazionale, v. 25, 1972. Milano, Istituto per gli Studi di Politica Internazionale, 1974, p. 283- 296. Maliâ, M. The United Nations in a changing world. Revue roumaine d'études internationales (Bucarest)9:229-235, 1975. Munch, F. Tàtigkeit der Vereinten Nationen in vôlkerrechtlichen Fragen. Archiv des Vôlkerrechts (Tubingen) 16:278-306, 1975. Niciu, M. Rolul O.N.U. in promovarea principiilor dreptului international in relaîile dintre state. Bucuresti, Editura politica, 1973, 53 p. (Problème internationale.) Rossolini, R. Considerazioni sull'evoluzione attuale délia comunità internazionale. Archivio giuridico "Filippo Serafini" (Modena, Italy) 189:169-179, Juglio 1975. Russo, C. Nazioni Unite; valutazione di un passato e prospettive future. Comunità internazionale (Padova)29:612-623, 1974. Schwarzenberger, G. The United Nations' system in international judicial perspective. Cambrian law review (Aberystwyth)S : 61-71, 1974. Skubiszewski, Krzysztof. Recommendations of the United Nations and municipal courts. In British yearbook of international law, v. 46,1972-73. London, Oxford U.P., 1975, p. 353-364. Sprôte, Wolfgang. Die Vereinten Nationen und ihre Spezialorganisationen ; Dokumente. Hrsg. v. W. Sprôte [and] H. Wunsche. Berlin, Staatsverlag der Deutschen Demokratischen Republik, 1974- Text partly in English, French, German and Russian. Tavernier, P. L'année des Nations Unies, problèmes juridiques, 1974. In Annuaire français de droit international, v. 20, 1974V Paris, Centre national de la recherche scientifique, 1975, p. 486-520.

222 Tiewul, S. Azadon. Relations between the United Nations Organization and the Organization of African Unity in the settlement of secessionist conflicts. Harvard international law journal (Cambridge, Mass.)16:259-302, spring 1975. Waldheim, Kurt. Die Rolle der Vereinten Nationen in der Weltpolitik. Vereinte Nationen 23:1-5. February 1975. Weissberg, Guenter. United Nations movements toward world law. International and comparative law quarterly (London)24:460-524, July 1975.

2. Particular organs Ouvrages concernant certains organes OmdejibHbie opzami Organos particulares Administrative Tribunal Tribunal administratif AAMHHHCTpaTHBHblH TpHOVHaJI Tribunal Administrative»

Udina, Manlio. In tema di giurisdizione amministrativa nelPordinamento delle Nazioni Unite, Padova, Edizioni Cedam, 1973, [5] p. Extract from: Studi in memoria di Enrico Guicciardi, v. 1, p. [3]-7.

General Assembly Assemblée générale Asamblea General Abbott, Alden [and others]. The General Assembly, 29th session; the decredentialization of South Africa. Harvard international law journal (Cambridge, Mass.)16: 576-588, summer 1975. Die 28. Generalversammlung der Vereinten Nationen; Bericht der Bundesregierung an den Bundestag. Vereinte Nationen (Bonn)22:119-125, August 1974. Bailey, Sydney D. Some procedural problems in the U.N. General Assembly. World today (London) 31: 24-28, January 1975. Boratyriski, Stefan. Zgromadzenie Ogôlne ONZ. Sprawy miçdzynarcdowe (Warszawa)26:86-100, lipiec-sierpien 1975. [United Nations General Assembly.] Dubitzky, Jonathan. The General Assembly's international economics. Harvard international law journal (Cambridge, Mass.)l 6: 670-676, summer 1975. Graefrath, B. On the work of the Third Commission of the XXVIIIth United Nations General Assembly. German foreign policy (Berlin)13: 592-603, 1974. Raton, P. Les travaux de la Commission juridique de la XXIXe Assemblée générale des Nations Unies. In Annuaire français de droit international, v. 20, 1974. Paris, Centre national de la recherche scientifique, 1975, p. 521-552. Sohn, Louis B. Due process in the United Nations. American journal of international law (Washing- ton, D.C.)69: 620-622, July 1975. Stone, J. Palestinian resolution; zenith or nadir of the General Assembly. New York University journal of international law and politics (New York)8:l-18, spring 1975. Tewary, Indra Narayan. The peace-keeping power of the United Nations General Assembly. New Delhi, S. Chand [1974], 195 p. United Nations, 29th session. Harvard international law journal (Cambridge, Mass.)16:565-582, summer 1975.

223 International Court of Justice Cour internationale de Justice Corte Internacional de Justicia Aartsen, B. Corte Internacional de La Haya. Justicia (Mexico)33:22-27, septiembre 1974. Arbour, J. M. Quelques réflexions sur les mesures conservatoires indiquées par la Cour internationale de Justice. Cahiers de droit [Université Laval] (Québec) 16; ;53 1-573, 1975. Bollecker-Stern, Brigitte. L'affaire des essais nucléaires français devant la Cour internationale de Justice. In Annuaire français de droit international, v. 20, 1974. Paris, Centre national de la recherche scientifique, 1975, p. 299-333. Briney, Roger A. The Icelandic fisheries dispute; a decision is finally rendered. Georgia journal of international and comparative law (Athens, Georgia)5: 248-256, 1975, no. 1. Carbone, Sergio. Promise in international law; a confirmation of its binding force. In Italian yearbook of international law, v. 1, 1975. Napoli, Editoriale Scientifica, 1975, p. 166-172. Churchill, R. R. The fisheries jurisdiction cases; the contribution of the International Court of Justice to the debate on coastal states' fisheries rights. International and comparative law quarterly (London)24:82-105, January 1975. Cocâtre-Zilgien, A. La France devant ses juges; remarques sur la "compétence" de la Cour internationale de Justice dans l'affaire des essais nucléaires. Le juge et le droit public, I. Paris, Librairie générale de droit et de jurisprudence, 1974, p. 173-186. Dongen, A. F. van. Hof en de Spaanse Sahara; vonnis of advies? Nederlands juristenblad (Zwolle) 50:1439-1447, december 1975. Elian, George. Les débats de l'Assemblée générale de l'Organisation des Nations Unies concernant le rôle de la Cour internationale de Justice dans la vie internationale. Revue roumaine d'études internationales (Bucarest)9: 139-1 50, 1975, n° 2. Evans, A. E. Failure of party to appear; jurisdiction of the court —fisherie sjurisdiction , preferential rights of coastal state, and historic rights of other states. American journal of international law (Washington, D.C.)69:154-174, January 1975. e,aopoB B. H. KpnTHKa HCKOTOPMX njianos nepecMoxpa ponn Me»myHapOflHoro Cyfla OOH. • CoeemcKoe zocydapcmeo u npaeo (MocKBa), JVs 9:110-115, 1975. [Critiques of plans for reviewing a role of UN International Court.] Fitzgerald, G. F. The judgment of the International Court of Justice in the appeal relating to the jurisdiction of the ICAO Council. In Canadian yearbook of international law, v. 12, 1974. Vancouver, B.C., University of British Columbia, 1974, p. 153-185. Frank, Thomas M. Word made law; the decision of the ICJ in the nuclear test cases. American journal of international law (Washington, D.C.)69: 61 2-620, July 1975. Golden, Jeffrey. National groups and the nomination of judges of the International Court of Justice; a preliminary report. International lawyer (Washington, D.C.)9: 333-349, April 1975. Hevener, N. K. 1971 South- West African opinion; a new international juridical philosophy. International and comparative law quarterly (London)24:791-810, October 1975. Institut universitaire de hautes études internationales, Genève. Précis de la jurisprudence de la Cour internationale. Edité par K. Marek. La Haye, Martinus Nijhoff, 1974- , v. 1. Title and text in English and French. V. 1 : Cour permanente de Justice internationale. International law — International Court of Justice. Iceland's regulations establishing a fishery zone with a 50-mile limit are not opposable to the United Kingdom and the Federal Republic of Germany. Texas international law journal (Austin, Tex.)10:150-171, winter 1975. Isaïa, H. Opinions dissidentes, des juges socialistes dans la jurisprudence de la Cour internationale de Justice. Revue générale de droit international public (Paris)79: 657-718, juillet-septembre 1975.

224 Khan, R. The fisheries jurisdiction case. Indian journal of international law (New Delhi)!5:1-16, January-March 1975. Lachs, Manfred. La Cour internationale de Justice dans le monde d'aujourd'hui. Revue belge de droit international (Bruxelles)l 1:548-561,1975, n° 2. Lellouche, Pierre. The International Court of Justice; the nuclear tests; cases. Harvard international law journal (Cambridge, Mass.)l 6:614-637, summer 1975. McWhinney, Edward. International law-making and the judicial process; the World Court and thé French nuclear tests case. Syracuse journal of international law and commerce (Syracuse, N.Y.)3:9-46, spring 1975. Mack, Timothy C. Polemic in the International Court of Justice. Syracuse journal of international law and commerce (Syracuse, N.Y.)3:183-203, spring 1975. Magiera, Siegfried. Zur Bezeichnung vorsorglicher Massnahmen durch den Internationalen Gerichtshof; Verfahrenseffektivitat gegen staatliche Souverànitat. In Jahrbuch fur internationales Recht, v. 17, 1974. Berlin, Duncker und Humblot, 1975, p. 253-282. Martin, P. M. Renouveau des mesures conservatoires; les ordonnances récentes de la Cour internationale de Justice. Journal du droit international (Paris)102:45-59, janvier-février-mars 1975. Mendelson, M. H. Interim measures of protection in cases of contested jurisdiction. In British yearbook of international law, v. 46, 1972-73. London, Oxford U.P., 1975, p. 259-322. Morelli, G. Eccenzioni preliminari di merito? Rivista di diritto internazionale (Milano)58:5-ll, 1975, no. 1. Nawaz, M. K. The North Sea continental shelf cases revisited. Indian journal of international law (New Delhi)! 5:506-520, October-December 1975. Nguyen Quoc Dinh. Evolution de la jurisprudence de la Cour internationale de La Haye relative au problème de la hiérarchie des normes conventionnelles. In Mélanges offerts à Marcel Waline. Le juge et le droit public, I. Paris,Librairie générale de droit et de jurisprudence, 1974, p. 215-232. Oellers-Frahm, K. Die einstweilige Anordnung in der internationalen Gerichtsbarkeit. Berlin, Springer, 1975, 168 p. (Beitràge zum auslândischen ôffentlichen Recht und Volkerrecht, 66.) Petrén, B. A. S. Some thoughts on the future of the International Court of Justice. In Netherlands yearbook of international law, v. 6, 1975. Leiden, A. W. Sijthofl', 1975, p. 59-76. Prott, Lyndel V. The style of judgment in the International Court of Justice. In Australian yearbook of international law, 1970-1973. Sydney, Butterworths, 1975, p. 75-90. Reuter, P. Extension du droit international aux dépens du droit national devant le juge international. In Mélanges offerts à Marcel Waline. Le juge et le droit public, I. Paris, Librairie générale de droit et de jurisprudence, 1974, p. 241-258. Reynaud, André. Les différends du plateau continental de la mer du Nord devant la Cour internationale de Justice; la volonté, la nature et le droit. Paris, Librairie générale de droit et de jurisprudence, 1975, 245 p., maps. (Bibliothèque de droit international, 78.) Text partly in English and French. Bibliography: p. 219-239. Rosenne, Shabtai. Documents on the International Court of Justice. Leiden, A. W. Sijthoff, 1974, 391 p. Text partly in English and French. Rousseau, C. Crise de la justice internationale? In Mélanges offerts à Marcel Waline. Le juge et le droit public, I. Paris, Librairie générale de droit et de jurisprudence, 1974, p. 259-265. Seidl-Hohenveldern, I. Der internationale Gerichtshof und das Ideal eines weltweiten Richter- staates. In Dimensionen des Redits; Gedàchtnisschrift fur René Marcic. Berlin, Duncker und Humblot, 1974, p. 675-688.

225 Smith, Terry K. International Court of Justice—jurisdiction—resolutions to expand the jurisdiction of the International Court of Justice and to improve the Court's image as a viable alternative to achieve pacific settlement of international disputes. Georgia journal of international and comparative law (Athens, Ga.)5:314-325, winter 1975. Sohn, L. B. Senate resolutions relating to the International Court of Justice. American journal of international law (Washington, D.C.)69:92-96, January 1975. Sugihara, Takane. The advisory function of the International Court of Justice. In Japanese annual of international law, no. 18,1974. Tokyo, the International Law Association of Japan, 1974, p. 23-50. Sugihara, Takane. The right of a state to sue in the general interest before the International Court of Justice. Kokusaiho gaiko zasshi (Tokyo)74:253-294, October 1975; 74:309-342, December 1975. In Japanese. Sur, Serge. Les affaires des essais nucléaires (Australie c. France; Nouvelle-Zélande c. France; C.I.J., arrêts du 20 décembre 1974). Revue générale de droit international public (Paris)79:972- 1027, octobre-décembre 1975. Terré, François. Théorie générale de la procédure et droit international public. Zeitschrift fur Schweizerisches Recht (Basel) 115:41-59, 1974, n° 1. Thierry, Hubert. Les arrêts du 20 décembre 1974 et les relations de la.France avec la Cour internationale de Justice. In Annuaire français de droit international, v. 20, 1974. Paris, Centre national de la recherche scientifique, 1975, p. 286-298. Villani, Ugô. Preliminary objections in the new rules of the International Court of Justice. In Italian yearbook of international law, v. 1,1975. Napoli, Editoriale Scientifica, 1975, p. 206- 221. Wengler, W. Problème der Bestellung des von der Partei nicht ernannten Schiedsrichters im Vôlkerrecht. Revista espanola de derecho internacional (Madrid)25:425-439, 1972, no. 1-4. 3a6irafijio, B. K. IIpo6jieMa nporajimi B Miacnapo^HOMy npaBi i KOMneTeimbi MiacHapoflnoro Cyzry OOH. IIpo6jieMH HpaBoaHaBCTBa (KHÏB) Jfc 8: 26-105,1973.

Regional economic commissions Commissions économiques régionales PerHOHam>Hbie aKOHOMiniecKue KOMHCCHH Comisiones econômicas régionales Goy, R. L'évolution des commissions économiques régionales des Nations Unies. In Annuaire français de droit international, v. 20,1974. Paris, Centre national de la recherche scientifique, 1975, p. 595-612.

Secrétariat Secrétariat CeKperapHar Secretaria Hâta, Kazuhiko. The personnel management system of the United Nations Secretariat: a systems approach. Ann Arbor, Mich., University Microfilms [1975], 379 p. Diss. Claremont Graduate School, Claremont, Calif., 1973. Kaladharan Nayar, M. G. Dag Hammarskjold and U Thant; the evolution of their office. Case Western Reserve journal of international law (San Diego, Calif.)7:36-83, winter 1974. Pellet, Alain. La grève des fonctionnaires internationaux. Revue générale de droit international public (Paris)79:932-971, octobre-décembre 1975. Sokalski, Henryk J. Zasada reprezentacji geograficznej w Sekretariazie ONZ. Sprawy miedzynarodowe (Warszawa)27:77-90, maj 1974. [The principle of geographical representation at the United Nations Secretariat.]

226 Security Council Conseil de sécurité COBCT EeaonacHOCTH Consejo de Seguridad , H. A. K sonpocy 06 34>4>eKXHBHOCTH pesojnoinift Cosera EesonacHOcra OOH. B KH. : CoseTCKHâ eJKeroflHHK MeacflynapoflHoro npasa 1973. MocKsa, IfaflaTeJibCTBO Hayica, 1975, c. 100-114. Summary in English. [On thé question of effectiveness of resolutions of the UN Security Council.] Bailey, ^Sydney D. The procedure of the UN Security Council. Oxford, Clarendon Press, 1975, 424 'p. ' Commission to Study the Organization of Peace. Modernizing the Security Council; special report. Chairman: L. B. Sohn. Vice-Chairman : R. N. Swift. N.Y., 1974., 22 p. Rhone, Richard Stratton. The behavior of the eleven member United Nations Security Council : theory and practice. Ann Arbor, Mich., University Microfilms [1974], 333 p. Diss. Pennsylvania. State University. Dept. of Political Science, 1973. Subbarao, M. V. The use of veto in relation to the pacific settlement of disputes in the Security Council of the United Nations, 1946-1965. Delhi, New Heights [1974], 244 p. Bibliography: p. 224-244.

United Nations Forces Forces des Nations Unies BoopyjKCHHbie CHJIU Opramnainm OfoeAHHemtbix HanHft Fuerzas de las Naciones Unidas El-Ayouty, Yassin. The United Nations Truce Supervision Organisation in Palestine (UNTSO). In Revue égyptienne de droit international, v. 30, 1974. Le Caire, Société égyptienne de droit international, 1974, p. 120-133.

United Nations Industrial Development Organization Organisation des Nations Unies pour le développement industriel OpraffiuauHH OffcejumeHHux Haunii no npoMbiuuieiniOMy paiBimno Organization de las Naciones Unidas para el Desarrollo Industrial Kurth, Eberhard. Neue internationale Wirtschaftsordnung im Industriebereich ? UNIDO- Generalkonferenz in Lima wirft ihre Schatten voraus. Vereinte Nationen (Bonn)23:10-16 Februar 1975.

3. Particular questions or activities Ouvrages concernant des questions ou activités particulières OmdejibHbie eonpocu u/iu eudbi denme/ibHOcmu Cuestiones y actividades particulares

Charter revision Révision de la Charte ITepecMOrp VcraBa Révision de la Carta

Hayashi, Moritaka. Revision and review of the Charter of the United Nations. Kokusai mondai (Tokyo)no. 189:40-51, December 1975. In Japanese. Lall, Arthur. Problems and prospects of revision of the UN Charter. India quarterly (New Delhi) 31:111-120, April-June 1975.

227 Potocny, Miroslav. Chartu OSN trcba dodrzovat a ne revidovat. Mezindrodnivztahy (Praha) 1 0 : 24- 34, 1975, no. 6.

Civil war Guerre civile

Guerra civil Baxter, R. R. lus in bello interne; the present and future law. In Moore, J. N. Law and civil war in the modern world. Baltimore, Md., Johns Hopkins Univ. Press, 1974, p. 518-536. Ciobanu, Dan. The concept and the determination of the existence of armed conflicts not of an international character. Rivista di diritto internazionale (Milano)58: 43-79, 1975, no. 1. Mayer-Tasch, P. C. Guerrilla warfare and international law. Law and state (Tubingen)S: 7-24, 1974. Moreillon, Jacques. Le Comité international de la Croix-Rouge et la protection des détenus politiques; les activités du CICR en faveur des personnes incarcérées dans leur propre pays à l'occasion de troubles ou de tensions internes. Lausanne, éditions l'Age d'homme, 1973, 303 p. Schachtcr, O. The United Nations and internal conflict. In Moore, J. N. Law and civil war in the modern world. Baltimore, Md., Johns Hopkins Univ. Press, 1974, p. 401-445. Scheuner, U. War and civil strife on thé présent international scene. Law and state (Tiibingen) 9:7-23, 1974. Sohn, L. B. Civil wars; guidelines for states and the United Nations. //; Moore, J. N. Law and civil war in the modern world. Baltimore, Md., Johns Hopkins Univ. Press, 1974, p. 582-587. Taubenfeld, H. J. The applicability of the laws of war in civil war. In Moore, J. N. Law and civil war in the modern world. Baltimore, Md., Johns Hopkins Univ. Press, 1974, p. 499-517. Veuthey, Michel. Les conflits armés de caractère non international et le droit humanitaire. Milano, A. Giuffré, 1975, [88] p. Reprinted from: Current problems of international law; essays on U.N. law and on the law of armed conflict, p. 179-266.

Collective security Sécurité collective KojiJieKTiiBHan 6e3onacHocTi> Seguridad colectiva Arntz, J. Der Begriff der Friedensbedrohung in Satzung und Praxis der Vereinten Nationen. Berlin, Duncker und Humblot, 1975, 198 p. (Schriften zum Volkerrecht, 46.) Kim, Tonghun. The collective security system of the United Nations after thirty years. Kokusai mondai (Tokyo)no. 189:14-27, December 1975. In Japanese. Naidu, M. V. R. Collective security and the United Nations; a definition of the UN security system. New York, St. Martin's Press, 1974, 164 p. Ruggie, J. G. Contingencies, constraints, and collective security; perspectives on UN involvement in international disputes. International organization (Madison, Wis.)28: 493-520, summer 1974. Watanabe, Yukio. Articles 51 and 53 of the United Nations Charter. Fukuoka University review of law (Fukuoka)l 9: 639-684, March 1975. In Japanese.

Commercial arbitration Arbitrage commercial ToproBbifl apOHTpa/K Arbitraje comercial Bôckstiegel, K. H. Besondere Problème der Schiedsgerichtsbarkeit zwischen Privatunternehmen und auslàndischen Staaten oder Staatsunternehmen. Neue Juristische Wochenschrift (Berlin) 28:1577-1582, 1975,

228 David, René. L'obligation pour les arbitres de statuer en droit dans les arbitrages du commerce international. In Popovici, Adrian. Problèmes de droit contemporain; mélanges Louis Bau- douin. Montréal, Presses de l'Université de Montréal, 1974, p. 305-318. Ditchev, A. S. La constitution de l'arbitrage commercial international. Sotsialistichesko pravo (Sofia) :37-45, 1974, n° 7. Domke, Martin. Dispute settlement by multinational companies. Journal of international law and economics (Washington, D.C.)10:291-295, August-September 1975. Eisemann, Frédéric. Le nouveau règlement d'arbitrage de la Chambre de commerce internationale. Droit et pratique du commerce international (Paris)!: 355-365, septembre 1975. Franchi, G. Criteri di decisione arbitrale e arbitrate internazionale. Archivio giuridico "Filippo Serafini" (Modena)l 86:117-126, 1974, no. 1-2. Gaja, G. Sul procedimento per riconoscere e rendere esecutive le sentenze arbitral! straniere secondla la Convenzione di New York. Archivio giuridico "Filippo Serafini" (Modena) 186:159-166, 1974, no. 1-2. Gentinetta, Jôrg. Die lex fori internationaler Handelsschiedsgerichte. Bern, Stàmpfli, 1973, 511 p. Text partly in English, French and German. Holtzmann, H. M. Arbitration: an indispensable aid to multinational enterprise. Journal of international law and economics (Washington, D.C.)10:337-345, August-September 1975. Holtzmann, H. M. et G. V. E. Bernini. Cas hypothétique pour l'illustration du recours à l'arbitrage en vue de suppléer aux lacunes des contrats commerciaux et internationaux à long terme. Revue de droit international et de droit comparé (Bruxelles)52:10-17, 1975, n° 1. Hùlsen, Hans Viggo von. Die Gûltigkeit von internationalen Schiedsvereinbarungen nach Konven- tionsrecht; mit Hinweisen auf deutsches, franzôsisches, englisches und US-amerikanisches Recht. Berlin, J. Schweitzer Verlag, 1973, xxiii, 167 p. International commercial arbitration. In International Law Association, Report of the 55th Con- ference held at New York, Aug. 21-26, 1972. London, 1974, p. 625-646. Karmali, A. E. International commercial arbitration. Bombay, Tripathi, 1974, 408 p. Kindt, John Warren. Foreign nation judgments; if state law provides for the enforceability of foreign judgments, the judgment is enforceable without determination of whether the arbitration award on which it is based is independently enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Georgia journal of international and comparative law (Athens, Ga.)5:264-276, winter 1975. Lay ton, R. Arbitration in international commercial agreements; the noose draws tighter. Inter- national lawyer (Chicago)9:741-750, fall 1975. Lebedev, S. N. International commercial arbitration. Arbitration journal (New York)30:59-73, March 1975. Mirabito, A. J. United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the first four years. Georgia journal of international and comparative law (Athens, Ga.)5:471-501, summer 1975. Norberg, Charles R. Inter-American commercial arbitration revisited. Lawyer of the Americas (Coral Gables, Fla.)7:275-290, June 1975. Nygh, P. E. The international recognition and enforcement of arbitral awards. In Symposium on private investments and international transactions in Asian and South Pacific countries, Sydney, 1974. Private investments and international transactions in Asia and South Pacific countries. New York, M. Bender, 1975, p. 353-408. Schmitthoff, C. M. International commercial arbitration. Dobbs Ferry, N.Y., Oceana, 1974, 1 v. Stuyt, A. M. Misconceptions about international (commercial) arbitration. In Netherlands yearbook of international law, v. 5,1974. Leiden, A. W. Sijthoff, 1975, p. 35-58. Tiewul, S. Azadon and Francis A. Tsegah. Arbitration and the settlement of commercial disputes; a selective survey of African practice. International and comparative law quarterly (London) 24:393^18, July 1975.

229 Tsegah, Francis A. andS. Azadon Tiewul. Arbitration and the settlement of commercial disputes; a selective survey of African practice. Journal of world trade law (London)9 : 378-397, July- August 1975.

Consular relations Relations consulaires KoHcyjibcKHe CHOIUCHHH Relaciones consulares Yokota, Kisaburo. International law consular relations. Tokyo, Yuhikaku, 1974, 609 p. In Japanese.

Definition of aggression Définition de l'agression

Definition de la agresiôn ,Zi;oHCKoii £(. u E. CxaKyHOB. OnpefleneuHe arpeccnH — no6e,n,a flunjioMaTHH MHpa. CoeemcKoe zocydapcmeo u npaeo (MocKBa) X° 7:10-25, 1975. [The definition of aggression — Victory of peace diplomacy.] OMammse, M. M. O6 onpeflejiemm nonarna arpeccHH. ITpaeoeedenue (Mocxsa) 19:119-125, an.— eB. 1975, Ns 2. • [Determination of notion of aggression.]

Diplomatic relations Relations diplomatiques

Relaciones diplomaticas ico, H. IT. u H. B. 3KflaHOB. ITpHHinin HenpHKOCHOBCHHOcTH AminoMaTHHecKoro arenxa. B KH.: COBCTCKHH eHceroflHHK MeMCflynapoflHoro npasa 1973. MocKBa, H3flaTera»cTBO Hayxa, 1975, c. 190-202. Summary in English. [Principle of immunity of diplomatic agent.] BorflanoB, O. B. MMMynHTei npeflcxaBHTejiefi rocy^apciB npn OOH. B KH.: CoBeicKHo eaceroflHHK MeacflynapOflHoro npasa 1973. Mocxsa, HaflaiejubCTBo Hayxa, 1975. c. 135-148. Summary in English. [Immunity of representatives of states at the United Nations.] Paszkowski, M. The law on special missions. In Polish yearbook of international law, v. 6, 1974. Warsaw, Institute of Legal Sciences, Polish Academy of Sciences, 1975, p. 267-288. Przetacznik, Franciszek. Les devoirs de l'agent diplomatique à l'égard de l'Etat accréditaire. Revue de droit international, de sciences diplomatiques et politiques (Genève)53: 291-319, octobre- décembre 1975. Przetacznik, Franciszek. The protection of foreign officials in the United States Code. International lawyer (Chicago)9:121-142, January 1975. Skubiszewski, Krzysztof. Ochrona dyplomatyczna obywateli. Panstwo iprawo (Warszawa)30:30- 42, pazdziernik 1975.

Disarmament Désarmement Pasopyœeane Desarme Alexeyev, A. Disarmament talks at the 29th session of the UN General Assembly. International affairs (Moscow)no. 3:13-20, 1975.

230 Bauch, J. Fùnf Jahre KernwafFen-Sperrvertrag; die Genfer Uberprùfïmgskonferenz zum Vertrag tiber die Nichtverbreitung von KernwafTen. Europa-Archiv (BonnpO: 606-616, 1975. Bos, E. Developments in disarmament law. In Netherlands -yearbook of international law, v. 5, 1974. Leiden, A. W. Sijthoff, 1975, p. 175-179. , H. u A. KapeHHH. BasKHbift mar K noirnoMy aanpemenmo HcnuTanHH flflepnoro opyacna. CoeemcKoe zocydapcmeo u npaeo (MocKBa) 45:75-80, 1975, Ms 1. [A significant step towards complete prohibition of nuclear weapons.] Fahl, Gundolf. Internationales Recht der Riistungsbeschrânkung. [Berlin] Berlin Verlag [1975], 1 v. (loose-leaf) maps. Jaschinski, H. Neuartige chemische Kampfstoffe im Blickfeld des Vôlkerrechts. Berlin, Duncker und Humblot, 1975, 165 p. (Schriften zum Volkerrecht, 40.) Kapoor, S. K. The legality of nuclear testing ; the Pokharan explosion. Indian journal of international law (New Delhi)14: 425-432, July-December 1974. Keller, H. Anton [et al.]. The Nonproliferation Treaty in light of nuclear energy developments. Revue de droit international de sciences diplomatiques et politiques (Genève)53: 201-240, juillet-septembre 1975. Kùhne, W. Das Volkerrecht und die militârische Nûtzung des Meeresbodens. Leyden, Sijthoff, 1975, 182 p. (Atlantische Reihe, 8.) Kurosawa, M. The verification of compliance with the treaty obligations on 'disarmament. Osaka law review (Osaka)no. 96:157-234, 1975. In Japanese. Massai, Alessandro. Preparazione délia Conferenza per il riesame del Trattato sulla non-prolifera- zione nucleare. Comunità internazionale (Padova)30: 72-77, 1975, no. 1-2. MejiKOB, F. M. K sonpocy o HOJIHOH aeMHJiHTapHsauHH Mopci

231 Domestic jurisdiction Compétence nationale HauHOHajibHan WPHCAKKUHH rocy/japcTB Jurisdicciôn interna Claude, TnisL. Jr. Domestic jurisdiction and colonialism. /«Kilson, M. L. New states in the modern world. Cambridge, Mass., Harvard Univ. Press, 1975, p. 121-135. Ouchakov, N. A. La compétence interne des Etats et la non-intervention dans le droit international contemporain. In Recueil des cours de l'Académie de droit international de La Haye, 1974-1. Leyde, A. W. Sijthoff, 1975, p. 1-86. Radoynov, P. Some methodological problems in the research of domestic jurisdiction of the state according to the contemporary international law. Trudove po mezhdunarodno pravo (Sofia) 2:41-63, 1974.

Environmental questions Questions relatives à l'environnement Bonpocw OKpysKaiojifCH cpeuM Cuestiones del medio ambiente Amendola, Gianfranco and Peter H. Sand. Transnational environmental cooperation between different legal systems'in Europe. Earth law journal (Leyden)l :189-195, August 1975. Summaries in Russian, French and Spanish. Baldwin, Malcolm Forbes. Environmental impact statements: new legal technique for environmental protection. Earth law journal (Leyden)l : 15-28, February 1975. Ballenegger, Jacques. La pollution en droit international; la responsabilité pour les dommages causés par la pollution transfrontière. Genève, Librairie Droz, 1975, 268 p. (Travaux de droit, d'économie, de sociologie et de sciences politiques, 105.) Bothe, Michael. Recht auf eine gesunde Umwelt. Zeitschrift fur aitslàndisches ôffentliches Recht und Vôlkerrecht (Stuttgart)34:351-371, Juli 1974. Summary in English. Brown, Brendan F. International environmental law and the natural law. In Deener, David R. International law of environment. New Orleans, La., Pontchartrain Press, 1975, p. 1-16. Conference on the United Nations of 1975. 6th, Sinaia, Romania, 1971. Sixth conference on the United Nations of the next decade. Muscatine, Iowa, Stanley Foundation, 1971, 24 p. Conservation of the environment. In International Law Association, Report of the 55th Conference held at New York, Aug. 21-26, 1972. London, 1974, p. 468-538. Doud, Alden Lowell. The treaty approach to effective environmental controls. In Deener, David R. International law of environment. New Orleans, La., Pontchartrain Press, 1975, p. 91-99. Dupuy, Pierre-Marie. Sur des tendances récentes dans le droit international de l'environnement. In Annuaire français de droit international, v. 20, 1974. Paris, Centre national de la recherche scientifique, 1975, p. 815-829. Fassi-Fihri, Mohamed. Vers une Convention internationale. In Annuaire de l'Association des auditeurs et anciens auditeurs de l'Académie de droit international de La Haye, v. 41, 1971. La Haye, Martinus Nijhoff, 1971, p. 94-98. Gates, Margaret E. Note on the literature concerning the problems of the international environment. In Deener, David R. International law of environment. New Orleans, La., Pontchar- train Press, 1975, p. 123-132. Goldie, L. F. E. A general view of international environmental law; a survey of capabilities, trends and limits. In Hague. Academy of International Law. La protection de l'environnement et le droit international. Leiden, Sijthoff, 1975, p. 25-143. Hague. Academy of International Law. La protection de l'environnement et le droit international, éd. par A. C. Kiss. Leiden, Sijthoff, 1975, 650 p.

232 Handl, G. Territorial sovereignty and the problem of transnational pollution. American journal of international law (Washington, D.C.)69:50-76, January 1975. Heilbrunn, Bernice. U.N.E.P. mandates: Stockholm recommendations, General Assembly resolutions and Governing Council decisions. Earth law journal (Leyden)l :161-166, May 1975. Idabouk, Mohamed. Planification et environnement. In Annuaire de l'Association des auditeurs et anciens auditeurs de l'Académie de droit international de La Haye, v. 41, 1971. La Haye, Martinus Nijhoff, 1971, p. 30-34. Kaiser, K. International dimensions of the environmental problem. Law and state (Tubingen) 8:75-94, 1973. Kiss, Alexandre Ch. Le droit international de l'environnement humain; Rapport de synthèse du XXIIIe Congrès de l'A. A. A., Rabat, 17-22 mai 1971. In Annuaire de l'Association des auditeurs et anciens auditeurs de l'Académie de droit international de La Haye, v. 41, 1971. La Haye, Martinus Nijhoff, 1971, p. 113-120. Kiss, Alexandre Ch. Légal aspects of air pollution control. Earth law journal (Leyden)l :29-50, February 1975. Summaries in Russian, French and Spanish. Kiss, Alexandre Ch. The problem of damage caused by supersonic flights. In Annuaire de l'Asso- ciation des auditeurs et anciens auditeurs de l'Académie de droit international de La Haye, v. 41, 1971. La Haye, Martinus Nijhoff, 1971, p. 99-101. Kiss, Alexandre Ch. Problèmes juridiques de la pollution de l'air. In Hague. Academy of Inter- national Law. La protection de l'environnement et le droit international. Leiden, Sijthoff, 1975, p. 145-237. Lammers, Johan G. International cooperation for the protection of the waters of the Rhine basin against pollution. In Netherlands yearbook of international law, v. 5, 1974. Leiden, A. W. Sijthoff, 1975, p. 59-110. Lupan, E. Das Recht im Dienste des Umweltschutzes Studia Universitatis Babes-Bolyai, series iurisprudentia (Cluj, Romania)!9:51-71, 1974. Nanda, Ved P. Establishment of international standards for transnational environmental injury. Iowa law review (Iowa City, Iowa)60:1089-1127, June 1975. Nanda, Ved P. International environmental law; a new approach. Millenium; journal of international studies (London)4:101-112, autumn 1975. Nonnenmacher, Georges-Gilbert. De la pollution atomique. In Annuaire de l'Association des auditeurs et anciens auditeurs de l'Académie de droit international de La Haye, v. 41, 1971. La Haye, Martinus Nijhoff, 1971, p. 102-112. Nonnenmacher, Georges-Gilbert. L'homme face à son environnement d'aujourd'hui et de demain. In Annuaire de l'Association des auditeurs et anciens auditeurs de l'Académie de droit international de La Haye, v. 41, 1971. La Haye, Martinus Nijhoff, 1971, p. 9-18. Panhuys, Jonkheer H. F. van. Une nouvelle tâche pour le droit international; la défense du milieu humain. In Annuaire de l'Association des auditeurs et anciens auditeurs de l'Académie de droit international de La Haye, v. 41, 1971. La Haye, Martinus Nijhoff, 1971, p. 19-29. Reintanz, Gerhard. Weltraumrecht; Stand und Entwicklung. Neue Justiz (Berlin)28:167-171, Mârz 1974. Rûster, Bernd. International protection of the environment; treaties and related documents. Comp. and edited by B. Ruster and B. Simma. Dobbs Ferry, N.Y., Oceana Publications, 1975- , 2 v. Saeki, T. A consideration of the Trail Smelter case. Chukyo Hogaku (Nagoya)9:41-62, December 1974. In Japanese. Schneider-Sawiris, S. Concept of compensation in the field of trade and environment. Georgia journal of international and comparative law (Athens, Ga.)5:357-380, summer 1975. Schuster, P. F. Nuclear ship pollution; national and international regulation and liability. En- vironmental law (Portland, Ore.)5:203-240, winter 1975.

233 Smith, G. P. Toward an international standard of environment. Pepperdine law review (Anaheim, Calif.)2:28-51,1974. Starke, J. G. The Stockholm Conference of 1972 on the human environment. In Festschrift fur Hermann Jahrreiss zum 80. Geburtstag. Kôln [Institut fur Vôlkerrecht und auslândisches offentlich.es Recht, Univ. zu Koln] 1974, p. 253-269. Stern, E. M. Impact of pollution abatement laws on the international economy; an overview of the hydra. Law and policy in international business (Washington, D.C.)7:203-272, winter 1975. Symonides, J. Protection de l'environnement humain au regard du droit international. In Polish yearbook of international law, v. 6,1974. Warsaw, Institute of Legal Sciences, Polish Academy of Sciences, 1975, p. 163-177. Teclaff, Ludwik A. International environmental law. Edited by L. A. Teclaff [and] A. E. Utton. N.Y., Praeger [1975], 270 p. (Praeger special studies in international politics and government.) Van Niekerk, B. van D. Ecological norm in law or the jurisprudence of the fight against pollution. South African law journal (Cape Town)92:78-89, February 1975. Wàlde, Thomas W. Recht und Umweltschutz. Archiv des ôffentlichen Rechts (Tûbingen)99:585- 627, Dezember 1974. Wojciechowski, Henryk. Inwestycje zagraniczne a ochrona srodowiska. Sprawy miedzynaroaowe (Warszawa)28:97-103, maj 1975. '• [Foreign investments and the protection of natural environment.]

Financing Financement Financiaciôn Bissell, Richard E. A note on the Chinese view of United Nations finances. American journal of international-law (Washington, D.C.)69: 628-633, July 1975.

Friendly relations and co-operation among States Relations amicales et coopération entre les Etats /JpywecTBeHHbie OTHOUICHHH H corpy^HHHecTBo Relaciones de amistad y cooperaciôn entre los Estados Arnopoulos, P. Consultation and conciliation. International journal (Toronto)30:102-126, winter 1974-1975. Flory, Maurice. Souveraineté des Etats et coopération pour le développement. In Recueil des cours de l'Académie de droit international de La Haye, 1974-1. Leyde, A. W. Sijthoff, 1975, p. 255- 330. Glaser, Edwin. Dreptul statelor de a participa in conditii de egalitate la via{a interna^ionala. Studii si cercetâri jitridice (Bucuresti)19:233-243, 1974, no. 2. [Le droit des Etats de participer en des conditions d'égalité à la vie internationale.] Kimminich, Otto. Vôlkerrechtliche Problème der Sicherheit und Zusammenarbeit. In Jahrbuch fur internationales Recht, v. 17, 1974. Berlin, Duncker und Humblot, 1975, p. 59-86. Klein, R. A. Sovereign equality among states; the history of an idea. Toronto, Univ. of Toronto Press, 1974, 198 p. Lachs, M. Some reflections on the settlement of international disputes. In Proceedings of the American Society of International Law at its 68th meeting, 1974. Washington, D.C., 1974, p. 323-331. JleBHH, J\. E. Mnpnoe paapenienHe MejKflynapOAHBix cnopos H nonarae cnpaBCAJiHsocra Coeem- CKoe zocydapcmeo u npaeo (MocKBa) JV° 10:94-100, 1975. [The peaceful settlement of international disputes and the conception of justice.]

234 Munkman, A. L. W. Adjudication and adjustment; international judicial decision and the settlement of territorial and boundary disputes. In British yearbook of international law, v. 46, 1972-73. London, Oxford U.P., 1975, p. 1-116. Popescu, Dumitra. United Nations and regional organizations as instruments of conciliation. Revue roumaine de sciences sociales; série de sciences juridiques (Bucarest)19:169-182, 1975, n°2. Touret, Denis. Le principe de l'égalité de droits des peuples et de leur droit à disposer d'eux-mêmes. Revue de droit international, de sciences diplomatiques et politiques (Genève)53:241-271, octobre-décembre 1975. Waart, P. J. I. M. de. The element of negotiation in the Pacific settlement of disputes between states. The Hague, Nijhoff, 1973, 229 p.

Human rights Droits de l'homme Ilpasa HCJioBCKa Derechos humanos

Amnesty International. L'emprisonnement politique. Luxembourg [1975], 1 v. (various pagings.) Amnesty International. Quinto Congreso de las Naciones Unidas sobre Prevenciôn del Delito y Tratamiento del Delincuente, Toronto, 1-15 de sept, de 1975; propuestas presentadas por Amnistia Internacional. [London, 1975], 17 p. Amnesty International. Report on torture. [2. éd., rev.] N.Y., Farrar, Straus and Giroux [1975], 282 p. Badawi, Ibrahim AH. The International Convention on the Elimination of All Forms of Racial Discrimination; a case study in the efforts of United Nations in the field of human rights. [N.Y., The author, 1975], 108 p. Thesis. St. John's University, N.Y. Dept. of Government and Politics, 1975. Burrell, Garland E. Mental privacy; an international safeguard to governmental intrusions into the mental processes. California Western international law journal (San Diego, Calif.)6:110-128, winter 1975. Carrillo Salcedo, J. A. El derecho' al desarrollo como derecho de la persona humana. Revista espanola de derecho internacional (Madrid)25:119-125, 1972, no. 1--4. Cassese, Antonio. The new United Nations procedure for handling gross violations of human rights. Comunità internazionale (Padova)30:49-61, 1975, no. 1-2. Choe, Chang-Hwa. Nationality and human rights. Tokyo, Sakai Shoten, 1975, 357 p. In Japanese. Daes, E.-I. A. Protection of minorities under the International Bill of Human Rights and the Genocide Convention. In Caemmerer, Ernst von [et al.]. Festschrift fur Pan J. Zepos anlâsslich seines 65. Geburtstages am 1. Dezember 1973. Athen, Freiburg, 1973, p. 35-86. Dolan, Jo Ann and Maria Laetitia van den Assum. Torture and the 5i:h UN Congress on crime prevention. International Commission of Jurists review (Geneva)no. 14:55-67, June 1975. Domb, Fania. Who is a "victim" of a violation of human rights? In Israel yearbook on human rights, v. 5, 1975. Tel Aviv, Faculty of Law, Tel Aviv University, 1975, p. 181-201. Eggleston, E. M. Prospects for United Nations protection of the human rights of the indigenous minorities. In Australian yearbook of international law, 1970/73. Sydney, Butterworths, 1975, p. 68-74. Elles, D. L. Aliens and activities of the United Nations in the field of human rights. Revue des droits de Vhomme (Paris)7:291-320, 1974. Ermacora, F. Procedure to deal with human rights violations; a hopeful start in the United Nations? Revue des droits de Vhomme (Paris)7:670-689, 1974.

235 Galey, Margaret E. Indigenous peoples, international consciousness raising and the development of international law on human rights. Revue des droits de l'homme (Paris)8:21-39, 1975, n° 1. Goose, P. E. Internationaler Pakt ùber bùrgerliche und politische Redite. Nette Juristische Wochen- schrift (Berlin)27:1305-1310, Juli 1974. Haksar, U. Minority protection and International Bill of Human Rights. Bombay, Allied Pub- lishers, 1974, 181 p. Hendry, J. McL. Ethics, values and the common good as guidelines for a world community. Ottawa law review (Ottawa)?:330-383, spring 1975. Hondius, Frits W. Environment and human rights. In Annuaire de l'Association des auditeurs et anciens auditeurs de l'Académie de droit international de La Haye, v. 41, 1971. La Haye, Martinus Nijhoff, 1971, p. 68-79. Human rights. In International Law Association, Report of the 55th Conference held at New York, August 21-26, 1972. London, 1974, p. 539-624. Humphrey, John P. The revolution in the international law of human rights. Human rights (Dallas, Tex.)4:205-216, spring 1975. International responsibility for treatment of criminal aliens. University of San Fernando Valley law review (Sepulveda, Calif.)3:115-125, 1974. Ireland, Patricia. International protection of human rights. Lawyer of the Americas (Coral Gables, Fla.)7:318-336, June 1975. KapTauiHH, B. A. HeKOToptie acneKTbi fleflTejibHOCTH OOH no 6opb6e npoTHB pactnMa. B KH.: COBCTCKHH eaceroAHHK MOKflynapOflHoro npasa 1973. Moacsa, HaflaxejibCTBO Hayxa, 1975, c. 163-174. Summary in English. [Some aspects of UN activities to fight against racism.] Liskofsky, Sidney. Coping with the "question of the violation of human rights and fundamental freedoms". Revue des droits de Vhomrne (Paris) 8:883-914, 1975, n° 4. Highlights of 31st session of the United Nations Commission on Human Rights (Geneva, February 3-March 7, 1975). Marie, J. B. La Commission des droits de l'homme de l'O.N.U. Paris, Pedone, 1975, 352 p. Marks, Stephen. La notion de période d'exception en matière des droits de l'homme. Revue des droits de l'homme (Paris)8:821-858, 1975, n° 4. Miller, R. United Nations fact-finding missions in the field of human rights. In Australian yearbook of international law, 1970/73. Sydney, Butterworths, 1975, p. 40-50. Modinos, P. Dialogue avec les droits de l'homme. Revue des droits de l'homme (Paris)8:631-636, 1975, (numéro spécial). Modinos, P. Droits de l'homme; notes et observations. Revue des droits de l'homme (Paris)8:659- 675, 1975, (numéro spécial). Modinos, P. Droits de l'homme ou la recherche d'une éthique. Revue des droits de l'homme (Paris) 8:637-647, 1975, (numéro spécial). Modinos, P. Introduction à l'étude des droits de l'homme. Revue des droits de l'homme (Paris) 8:648-658, 1975, (numéro spécial). Moskowitz, Moses. International concern with human rights. Leiden, Sijthoff, 1974, 239 p. Mower, A. G. Jr. The effectiveness of an international human rights program. International organization (Madison, Wis.)29:545-556, spring 1975. Niset, José. Conceptions soviétiques en matière de droits de l'homme. Studia diplomatica (Bruxelles) 28:253-284, 1975, n° 3. Nomura, Keizo. Regional and collective ouaraotee of fundamental human rights. Tokyo, Kyoto, Yushingo, 1975, 537 p. In Japanese.

236 Obieta Chalbaud, J. A. El derecho internacional de la persona humana. Bilbao, Mensajero, 1974, 582 p. (Institute de dcrechos del hombre y de los grupos humnnos, 2.) Prasad, M. The role of non-governmental organizations in the new United Nations procedures for human right§_complaints. Denver journal of international law and policy (Denver, Colo.)5:441- 462, fall 1975. Preliminary survey of action to further human rights in the Asian region specifically by the United Nations through its programme of advisory services in the field of human rights. In Australian yearbook of international law, v. 51, 1970-1973. Sydney, Butterworths, 1975, p. 51-67. The protection of respect and human rights; freedom of choice and world public order, by M. S. McDougal et al. American University law review (Washington, D.C.)24: 919-1 086, 1975. Ramcharan, B. G. The International Law Commission and human rights. Revue des droits de l'homme (Paris)8:9-20, 1975, n° 1. Regout, A. Individueel verweer in het kader van de UNO-rassendiscriminatieconventie. Rechts- kundig PFCouncil of Europe and human rights; some observations. Revue des droits de l'homme (Paris)8: 505-526, 1975. Su, C.-Y.-s. A study of the protection of human rights. Chung hsing law review (Taipei)8: 43-76, 1973. In Chinese. Szabo, I. Avenir des droits de l'homme. Revue des droits de l'homme (Paris)8: 587-603, 1975. Tiewul, S. A. Apartheid; steps toward international legal control. Zarnbian law journal (Lusaka) 6:101-127, 1974. Tomko, J. Apartheid; medzihârodny zlocin proti l'udstvu. Prâvny obzor (Bratislava)58: 289-304, 1975, no. 4.

Tomuschat, Christian. Der Schutz der Familie durch die Vereinlen Nationen. Archiv des ôffentlichen Rechts (Tûbingen)100:402-415, September 1975. BapHH, B. O. YBaJKeHHe K npasaM nejioBCKa — MOK/iyHapOAHbifi 3aKOH. B KH.: CoBeTCKiïiî HHK M«K,ayHapoflHoro npaea 1973. MocKea, Hs^aie/ibCTBO Hayica, 1975, c. 175-189. Summary in English. [Respect for human rights in international law.] Vasak, K. Dimensions internationales des droits de l'homme; perspectives d'avenir. Revue des droits de l'homme (Paris)8: 605-622, 1975, (numéro spécial). Veiter, T. Commentary on the concept of national minorities. Revue des droits de l'homme (Paris) 7:273-290, 1974. Vukas, Budislav. General international law and the protection of minorities. Revue des droits de f homme (Paris)8: 41-49, 1975, n° 1. Weis, P. The denunciation of human rights treaties. Revue des droits de l'homme (Paris)8 : 3-7, 1975, n° 1. Wooldridge, F. W. and V. D. Sharma. International law and the expulsion of Ugandan Asians. International lawyer (Chicago)9 : 30-76, January 1975. Zayas, A. M. de. International law and mass population transfers. Harvard international law journal (Cambridge, Mass.)l 6: 207-258, spring 1975.

237 International criminal law Droit pénal international Mew^yHapOAHoe yrojioBHoe npaso Derecho pénal internacional

Bassiouni, M. C. Appraisal of the growth and developing trends' of international criminal law. Revue internationale de droit pénal (Paris)45:405-433, 1974. Castel, J. G. and M. Edwardh. Political offences; extradition and deportation. Osgoode Hall law journal (Downsview, Ontario)13:89-148, 1975. Chen, Y.-c. Recent trends in the law of extradition. Hogaku kyokai (Tokyo)91:107-144, 253-292, 1974. In Japanese. Dinstein, Yoram. International criminal law. In Israel yearbook on human rights, v. 5, 1975. Tel Aviv, Faculty of Law, Tel Aviv University, 1975, p. 55-87. Forte, J. C. Principios sobre extradition. Justicia (Mexico City)33:31-42,1975, no. 540. Garcia Rendôn, G. Légitima defensa en el derecho penal internacional. Revista de jurisprudencia peruana (Lima)34:674-685, Julio 1975. Knypl, Z. Ekstradycja jako instytucja prawa miedzynarodowego i wewnetrznego. Warszawa, Wydawn pravnicze, 1975, 202 p. Kos-Rabcewicz-Zubkowski, L. Problem ustanowienia Miedzynarodowego Trybunatu Karuego. Palestra (Warszawa)18:113-118, aprile 1974. [Problem of the foundation of an International Penal Tribunal.] Liebscher, V. Neue Struktur des Internationalen Strafrechtes (62 bis 67 StGB). Juristische Blatter (Wien)96:393-402, 1974. Moussa, Amre. The question of war crimes in the United Nations. In Revue égyptienne de droit international, v. 30,1974. Le Caire, Société égyptienne de droit international, 1974, p. 91-97. Oehler, D. Internationales Strafrecht. Kôln, Heymann, 1973, 655 p. Orie, A. M. M. Kaleidoskoop van het internationale Strafrecht. Delikt en Delinkwent (Leyten) 4:403-408, Oktober 1974. Phillips, L. H. Jr. Proposal for alternative jurisdiction of an international criminal court. Inter- national lawyer (Chicago)9:327-331, April 1975. Piombo, H. D. Extradition de nacionales. Buenos Aires, Depalma, 1974, 295 p. Pisapia, D. Extradition y genocidio. Revista mexicana de derecho penal (Mexico):45-52, 1974, no. 12. PoMauiKHH, II. C. MeacflynapoflHoe yrojioBHoe npaso Ha cny)K6e MHpa H fleMoicparaH. CoeemcKoe zocydapcmeo u npaeo (MocKBa) 45:69-76, 1975, JV° 5. [International criminal law—used for peace and democracy.] Schlochauer, H.-J. Entwicklung des vôlkerrechtlichen Deliktsrechts. Archiv des Volkerrechts (Tubingen)l 6:239-277, 1975. Shearer, I. A. Extradition without treaty. Australian law journal (Sydney)49:l 16-122, 1975. Trêves, T. La giurisdizione nel diritto pénale internazionale. Padova, CEDAM, 1973, 317 p. (Studi e pubblicazioni della Rivista di diritto internazionale private e processuale, 6.) United States and the 1948 Genocide Convention. Harvard international law journal (Cambridge, Mass.)16:683-704, summer 1975. Wright, Q. Scope of international criminal law; a conceptual framework. Virginia journal of international law (Charlottesville, Va.)l5:561-577, spring 1975. t 238 :s :- International economic law Droit économique international MttKAvnapOAHoe 3KOHOMHnecKoe npaao Derecho econômico internacional Biocca, S. M. Sociedades extranacionales y multinacionales. Buenos Aires, Zavalia, 1974,142 p. Brower, Charles N. and John B. Tepe, Jr. The Charter of Economie Rights and Duties of States; a reflection or rejection of international law. International lawyer (Washington, D.C.)9:295— 318, April 1975. Brykman, Georges. Les entreprises multinationales ; une composante nouvelle du droit international public. Socialisme (Bruxelles)22:245-249, juin 1975. Caicedo Castilla, J. J. Sociedades, empresas multinacionales, transnacionales. Academia Colom- biana de Jurisprudent, revista (Bogotà)no. 208-209:99-122, 1975. Carroll, Mitchell B. UN proposals for the regulation of transnational corporations. N.Y. [1975], 48 p. (Présidents Association. Special study, 59..) Castaneda, J. et M. Virally. La Charte des droits et des devoirs économiques des Etats. In Annuaire français de droit international, v. 20,1974. Paris, Centre national de la recherche scientifique, 1975, p. 31-77. Dunning, J. H. Multinational enterprises; market structure, economic power, and industrial policy. Journal of world trade law (London)8: 575-613, November-December 1974. Feuer, Guy. Réflexions sur la Charte des droits et devoirs économiques des Etats. Revue générale de droit international public (Paris)79:273-320, avril-juin 1975. Fischer, Peter. Multinational Unternehmen und das Vôlkerrecht. Vereinten Natlonen undÔsterreich (Wien)23:24-29, 1974, no. 4. Francioni, F. Compensation for nationalisation of foreign property; the borderland between law and equity. International and comparative law quarterly (London)24:255-283, April 1975. Ghobashy, O. Z. The changing attitudes in the world oil community. Syracuse journal of international law and commerce (Syracuse, N.Y.)2:287-298, fall 1974. Grewlich, K. W. Problème der Direktinvestitionen sogennanter multinationaler Unternehmen. Aussenwirtschaftsdienst des Betriebs-Beraters (Heidelberg)20:365-371, Juli 1974. Haight, G. W. The new international economic order and the Charter of economic rights and duties of states. International lawyer (Chicago)9 : 591-6O4, fall 1975. Heiss, F. L. Zum Problem der Aufteilung von Aufwendungen multinationaler Uternehmen. Recht der internationalen Wirtschaft (Heidelberg)21:332-338, Juni 1975. Irie, Keishiro. Nationalization in developing countries. Tokyo, Waseda University, Institute of Comparative Law, 1974, 299 p. In Japanese. Irie, Keishiro. Settlement of reparation and compensation in international law. Tokyo, Seibundo, 1974, 553 p. In Japanese. Journée d'études juridiques Jean Dabin, 7e, Université de Louvain, 1973. Le contrat économique international. Bruxelles, Bruylant, 1975, 586 p. (Bibliothèque de la Faculté de droit de l'Uni- versité catholique de Louvain, 9.) Katzenbach, Nicholas de B. Law-making for multinational corporations. In World Order Studies Program. Occasional paper, no. 1. Princeton, N.J., Center of International Studies, Woodrow Wilson School of Public and International Studies, Princeton University, 1975, p. 25-32. Keohane, R. O. andV. D. Ooms. The multinational firm and international regulation. International organization (Madison, Wis.)29:169-209, winter 1975. Kitagawa, Tokusuke. A basic approach to international investment; exportation.of know-hows and arbitration. Kokusaiho gaiko zasshi (Tokyo)72:499-534, February 1974. In Japanese. Summary in English.

239 Kukulka, J. Nowy typ wspolpracy miedzynarodowej. Sprawy miedzynarodowe (Warszawa)no. 7-8: 7-21, 1975. [The new type of international co-operation.] Le Fera, S. La estructura juridica de la empresa multinational. Revista del derecho comercial y de las obligaciones (Buenos Aires)7:397-413, 1974. Leitolf, Andréas. International law and the new world economic system. Review of international affairs (Belgrade)26:23-28, 5 December 1975. Lozada, Salvador Maria. Las corporaciones multinationales en el desarrollo mundial; un informe de las Naciones Unidas. Buenos Aires, Editorial El Coloquio [1974], 257 p. MacLaren, Roy. A code of conduct for multinationals. International perspectives (Ottawa): 21-24, May-June 1974. Mielke, S. Multinationale Konzerne; zur Deformation pluralistischer Système. In Klassenjustiz und Pluralismus. Festschrift fur Ernst Fraenkel zum 75. Geburtstag am 26. Dezember 1973. Hamburg 1973, p. 362-377. Mining the resources of the third world; from concession agreements to service contracts, by Haliburton Fales II et al. In Proceedings of the American Society of International Law at its 67th meeting, 1973. Washington, D.C., 1973, p. 227-245. Moisuc, Constantin. The contribution of international organizations to the establishment of a new world economic order. Revue roumaine d'études internationales (Bucarest)9:119-137, 1975, n°2. Orrego Vicuna, Francisco. Derecho internacional econômico; selection de F. Orrego Vicuna. Mexico [1974], 2 v. (Fondo de Cultura Econômica, Mexico. Lecturas, 10.) V. 1 : America Latina y la clâusula de la nation mas favorecida; una perspectiva latino- americana. V. 2: Las nuevas estructuras del comercio internacional. Peters, J. Irwin. The new economic charter of the United Nations. Columbia journal of world business (New York)10:lll-117, fall 1975. Picciotto, Sol. The international firm, international law and the nation-state. Eastern Africa law review (Dar-es-Salaam)6:l-13,1973, no. 1. Rangarajan, S. The structure of and legal control over multinational corporations. Indian journal of international law (New Delhi)! 5:453-484, October-December 1975. Rao, P. Chandrasekhara. Charter of economic rights and duties of states. Indian journal of international law (New Delhi)15:351-370, July-September 1975. Salem, Mahmoud. Vers un nouvel ordre économique international. A propos des travaux de la sixième session extraordinaire des Nations Unies. Journal du droit international (Paris)102:753- 800, octobre-novembre-décembre 1975. Seidl-Hohenveldern, I. "Charta" der wirtschaftlichen Rechte und Pflichten der Staaten. Recht der internationalen Wirtschaft (Heidelberg)21:237-239, Mai 1975. Seidl-Hohenveldern, I. Multinational enterprises and the international law of the future. In Yearbook of world affairs, v. 29, 1975. London, Stevens and Sons, 1975, p. 301-312. Seynes, P. de. United Nations study of the multinational corporations. Nordisk tidsskrift for international ret (K0benhavn)44:9-16, 1975. Spandau, A. Nationalism and the multinational enterprise. South African law journal (Cape Town)92:422-432, November 1975. Tiewul, S. Azadon. The United Nations Charter of Economic Rights and Duties of States. Journal of international law and economics (Washington, D.C.)10:645-688, August-September 1975. Tindall, R. E. Multinational enterprises. Dobbs Ferry, N.Y., Oceana, 1975, 371 p. Vojnovic, Milan. Medunarodna zajednica i multinacional ne kompanije. Medunarodni problem! (Beograd)26:123-133, 1974, no. 2. [International community and the multinational corporations.!

240 Wang, Nian Tzu. The design of an international code of conduct for transnational corporations. Journal of international law and economics (Washington, D.C.)10:3 L9-336, August-September 1975. Weston, Burns H. "Constructive takings" under international law: a modest foray into the problem of "creeping expropriation". Virginia journal of international law (Charlottesville, Va.) 16:103-175, fall 1975. White, R. C. A. New international economic order. International and comparative law quarterly (London)24:542-552, July 1975.

International terrorism Terrorisme international

Terrorisme international , H. IT. « H. B. 3K«aHOB. MeayryHapOAHO-npaBOBaa 6opt(ia c TeppopmMOM. Upaeo- eedenue (MocKsa) 19:85-94, HH.— 4>eB. 1975, Jfe 1. [International law against terrorism.] Bloomfield, L. M. Crimes against internationally protected persons; prevention and punishment; an analysis of the UN Convention [by] L. M. Bloomfield [and] G. F. Fitzgerald. N.Y., Praeger [1975], xviii, 272 p. (Praeger special studies in international politics and government.) Costello, Declan. International terrorism and the development of the principle out dedere out judicare. Journal of international law and economics (Washington, D.C.)1 0:483-501, August- September 1975. Hyams, Edward. Terrorists and terrorism. London, J. M. Dent and Sons [1975], 200 p.

Kawakami, S. Abduction in international law. Hogaku shimpo (Tokyo)81 :25-56, October 1974. In Japanese. Kegley, C. W. Jr. Measuring the growth and decay of transnational norms relevant to the control of violence. Denver journal of international law and policy (Denver, Colo.)5: 425-439, fall 1975. Lee, Edward G. and Serge April. Behind-the-scenes negotiation of treaty to protect diplomats. International perspectives (Ottawa) : 3— 7, May— June 1975. Mathews, A. S. Terrors of terrorism. South African law journal (Cape Town)91 : 381-388, August 1974. Milte, Kerry L. Prevention of terrorism through the development of supra-national criminology. Journal of international law and economics (Washington, D.C.)10: 519-538, August-December 1975. Murphy, J. F. International legal controls of international terrorism; performance and prospects. Illinois Bar journal (Springfield, 111. )63: 444-452, April 1975. Panzera, Antonio Filippo. La Convenzione sulla prevenzione e la repressione di reati contro per- sone che godono di protezione internazionale. Rivista di diritto imernazionale (Milano)58 : 80- 94, 1975, no. 1. Paust, J. J. Survey of possible legal responses to international terrorism; prevention, punishment, and cooperative action. Georgia journal of international and comparative law (Athens, Ga.) 5:431-469, summer 1975. The protection and inviolability of diplomatic agents and other persons entitled to special protection under international law. In Asian African Legal Consultative Committee. Report of the 14th session held in New Delhi from 10 to 18 January 1973. New Delhi, 1973, p. 241-278. Smart, I. M. H. The power of terror. International journal (Toronto):iO: 225-237, spring 1975.

241 International trade law Droit commercial international IIpaBo MewayiiapoAHOH roproBJra Derecho mercantil internacional Atiyah, P. S. The sale of goods. 5. ed. [London], Pitman [1975], xxxii, 358 p. EypryneB, F. C. yHmJjHicainw B pawucax KOMHCCHH OOH no npasy MeacflynapoflHoii ToproBjra HOpM, peryjmpyiomHX BHCHIHIOIO xoproBJiK). B KH.: COBCTCKHÔ eaceroflHHK Meac^ynapo^Horo npasa 1973. MocKsa, HaflaiejibCTBo Hayica, 1975, c. 268-283. Summary in English. [Unification of the rules of law governing international trade within the framework of the UN Commission of International Trade Law.] Cohn, E. J. Defence of uncertainty; a study in the interpretation of the Uniform Law on Inter- national Sales Act 1967. International and comparative law quarterly (London)23:520-538, July 1974. Goldring, J. UNCITRAL revision of the Hague rules on bills of lading. In Meeting on international trade law, Australian Academy of Science, Canberra, 1974. Papers and summary of discussions, p. 47-79. Huang, S. A study on the revised draft of the uniform law on the international sale of goods. Seoul law journal (Seoul)14:5-30, 1973, no. 2. In Korean. Jakubowsky, Jerzy. Konwencja ONZ dotyczaca przedawnienia roszczen z miedzynarodowej sprzedazy towarôw. Panstwo i prawo (Warszawa)30:17-29, styczen 1975. Kikuchi, Tadashi. Research on a general theory of treaties of commerce and navigation. Meijo hogaku (Nagoya)24:l-77, 1975. Kimball, J. D. Shipowner's liability and the proposed revision of the Hague Rules. Journal of maritime law and commerce (Washington, D.C.)7:217-252, October 1975. Landfermann, Hans-Georg. Das Uncitral-Obereinkommen uber die Verjàhrung beim internationalen Warenkauf. Rabels Zeitschrift fur. auslàndisches und internationales Privatrecht (Hamburg)39:253-277, 1975, no. 2. Summary in English. [The Uncitral Convention on the limitation period in the international sale of goods.] The law relating to international sale of goods. In Asian African Legal Consultative Committee. Report of the 14th session held in New Delhi from 10 to 18 January 1973. New Delhi, 1973, p. 109-240. Michida, S. Draft convention on prescription (limitation) in the international sale of goods. Hogaku ronso (Kyoto)94:71-119,1974, no. 5-6. In Japanese. Popov, L. La nécessité de réclamation portant vices rédhibitoires dans les ventes internationales de marchandises. Trudove po mezhdunarodno pravo (Sofia)2:97-116, 1974. Rigaux, F. Le domaine d'application de la loi uniforme sur la vente internationale des objets mobiliers corporels et de la loi uniforme sur la formation de ces contrats de vente. In Journée d'études juridiques Jean Dabin, 7e, Université de Louvain, 1973. Le contrat économique international. Bruxelles, Bruylant, 1975, p. 67-113. Smit, H. Convention on thé limitation period in the international sale of goods; UNCITRAL's first-born. American journal of comparative law (Berkeley, Calif.)23:337-362, spring 1975. Sono, K. Unification of limitation period in the international sale of goods. Louisiana law review (Baton Rouge, La.)35:l 127-1149, 1975. Sweeney, J. C. UNCITRAL draft convention on carriage of goods by sea, part I. Journal of maritime law and commerce (Washington, D.C.)7:69-125, October 1975. United Nations Commission on International Trade Law, 1973-4. Journal of world trade law (London)9:209-221, March-April 1975.

242 White, H. S. Convention on the uniform law of international bills of exchange and international promissory notes; a comparison to the uniform commercial code. Georgia journal of international and comparative law (Athens, Ga.)5: 21 6-247, 1975, no. 2. Witte-Wegmann, G. Vereinheitlichtes matérielles Recht fur den internationalen Kauf. Juristische Rundschau (Berlin): 49-52, Februar 1975.

International waterways Voies d'eau internationales Vias navegables internacionales

Al-Khirp, Ezzedine A. The Euphrates in the international law. Cairo, Egyptian Society of Inter- national Law, 1975, 77 p. Resume of thesis. Cairo. University. Faculty of Law, 1975. Brownell, Herbert and Samuel D. Eaton. The Colorado River salinity problem with Mexico. American journal of international law (Washington, D.C.)69: 255-271, April 1975. Bulson, M. E. Colorado river salinity problem; has a solution been found? International lawyer (Chicago)9: 283-294, April 1975. .Cabrera, Luis. Use of the waters of the Colorado River in Mexico; pertinent technical commentaries. Natural resources journal (Albuquerque, N. Mex.)15:26-34, January 1975. Cundick, R. Palmer. International straits; the right of access. Georgia journal of international and comparative law (Athens, Georgia)5:.107-140, 1975, no. 1. Fleischer, Carl August. International straits; a key issue at the Law of the Sea Conference. Environ- mental policy and law (Lausanne)! :120-126, December 1975. Gaja, Giorgio. River pollution in international law. In Hague. Academy of International Law. La protection de l'environnement et le droit international. Leiden, Sijthoff, 1975, p. 353-396. Giuliano, Mario. The regime of straits in general international law. IK Italian yearbook of international law, v. 1, 1975. Napoli, Editoriale Scientifica, 1975, p. 16-26. Grandison, W. G. andV. J. Meyer. International straits, global communications, and the evolving law of the sea. Vanderbilt journal of transnational law (Nashville, Tenn.)8 : 393-449, spring 1975. Holburt, Myron B. International problems of the Colorado River. Natural resources journal (Albuquerque, N. Mex.)15:ll-26, January 1975. Holstein, Thomas O'Connell. State responsibility and the law of international watercourses. Lawyer of the Americas (Coral Gables, Fla.)7: 535-555, October 1975. International water resources law. In International Law Association, Report of the 55th Con- ference held at New York, Aug. 21-26, 1972. London, 1974, p. 22-106. Kearney, Richard D. Non-navigational uses of international watercourses. Brooklyn journal of international law (Brooklyn, N.Y.)1 :1-17, spring 1975. Kuribayashi, Tadao. The regime of passage through international straits. Hogaku kenkyu (Tokyo) 48:331-365, April 1975; 48:429-453, May 1975. In Japanese. The law relating to international rivers. In Asian African Legal Consultative Committee. Report of the 14th session held in New Delhi from 10 to 18 January 1973. New Delhi, 1973, p. 89-107. McNees, Richard B. Freedom of transit through international straits. Journal of maritime law and commerce (Silver Spring, Md.)6: 175-211, January 1975. Menon, P. K. Water resources development of international rivers with special reference to the developing world. International lawyer (Washington, D.C.)9: 441-464, July 1975. Momtaz, Djamchid. La question des détroits à la troisième Conférence du droit de la mer. In Annuaire français de droit international, v. 20, 1974. Paris, Centre national de la recherche scientifique, 1975, p. 841-859.

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Intervention Intervention ErneuiaTejibCTBO Intervention Black, C. E. The relevance of theories of modernization for normative and institutional efforts at the control of intervention. In Moore, J. N. Law and civil war in the modern world. Baltimore, Md., Johns Hopkins Univ. Press, 1974, p. 53-69. Bowett, D. W. The interrelation of theories of intervention and self-defense. In Moore, J. N. Law and civil war in the modern world. Baltimore, Md., Johns Hopkins Univ. Press, 1974, p. 38-50. Brownlie, I. Humanitarian intervention. In Moore, J. N. Law and civil war in the modern world. Baltimore, Md., Johns Hopkins Univ. Press, 1974, p. 217-228. Ehrlich, T. Legal process in foreign affairs: military intervention; a testing case. Stanford law review (Stanford, Calif.)27:637-652, February 1975. Farer, Tom J. The regulation of foreign intervention in civil armed conflict. In Recueil des cours de l'Académie de droit international de La Haye, 1974-11. Leyde, A. W. Sijthoff, 1975, p. 291- 406. Fonteyne, J.-P. L. Customary international law doctrine of humanitarian intervention; its current validity under the U.N. Charter. California Western international law journal (San Diego, Calif.)4:203-270, spring 1974. Gun, T. R. The relevance of theories of internal violence for the control of intervention. In Moore, J. N. Law and civil war in the modern world. Baltimore, Md., Johns Hopkins Univ. Press, 1974, p. 70-91. Lillich, R. B. Humanitarian intervention; a reply to Dr. Brownlie and a plea for constructive alternatives. In Moore, J. N. Law and civil war in the modern world. Baltimore, Md., Johns Hopkins Univ. Press, 1974, p. 229-251. Little, Richard. Intervention; external involvement in civil wars. Totowa, N.J., Rowman and Littlefield [1975], 236 p. Matsuda, Takeo. On so-called humanitarian intervention. Kokusaiho gaiko zasshi (Tokyo)73:553- 605, April 1975. In Japanese. Summary in English.

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245 Pobrow, D. B. International politics and high-level decision making; context for ocean policy. Ocean development and international law journal (New York) : 171-180, 1975, no. 2. Bosco, Giorgio. Verso la terza conferenza delle Nazioni Unite sul diritto del mare. In Annuario di diritto comparato e di studi legislativi, v. 46, 1975. Roma, Institute Italiano di Studi Legislativi, 1975. p. 76-96. Burke, William T. Contemporary law of the sea; transportation, communication and flight. Kingston, R.I., 1975, 38 p. (Law of the Sea Institute, Kingston, R.I. Occasional paper, 28.) Burke, William T. National and international law enforcement in the ocean [by] W. T. Burke, P.. Legatski [and] W. W. Woodhead. Seattle, Washington U.P. [1975], 244 p. Burke, William T. Scientific research articles in the law of the sea informal single negotiating text. Kingston, R.I., 1975, 16 p. (Law of the Sea Institute, Kingston, R.I. Occasional paper, 25.) Buzan, Barry. Lav/ of the sea conference; the danger of delay. International perspectives (Ottawa): 25-29, November-December 1974. Buzan, Barry. Seabed issues at the Law of the Sea Conference; the Caracas session. In Canadian yearbook of international law, v. 12,1974. Vancouver, B.C., University of British Columbia, 1974, p. 222-238. Caminos, H. The law of the sea at the Caracas session. Columbia journal of transnational law (New York)14:80-86, 1975, no. 1. Caracas, 1974; international regulation of ocean ecology. Golden Gate law review (San Francisco, Calif.)5:325-365, 1975. Christy, Francis T. Jr. Law of the sea; Caracas and beyond. Proceedings of the ninth annual conference of the Law of the Sea Institute, January 6-9, 1975. Edited by F. T. Christy [and others]. Cambridge, Mass., Ballinger Pub. Co., 1975, 422 p. Christy, Francis T. Jr. Property rights in the world ocean. Natural resources journal (Albuquerque, N. Mex.)l5:695-712, October 1975. Chwen, W. W. Fundamental problems for the exploitation and the use of deep seabed natural resources in the international law. Chung hsing law review (Taipei)9:l-14, 1974. In Chinese. Clarkson, K. W. International law, U.S. seabeds policy and ocean resource development. Journal of law and economics (Chicago) 17:117-142, April 1974. Cochran, Charles L. Caracas and beyond: negotiations on the law of the sea; final report for period 1 July to 31 Dec. 1975. Prepared for Office of Support Technology, Naval Material Command [and] Energy-Environment Study Group, U.S. Naval Academy. [Washington, D.C.] 1975, 24 p. (U.S. Naval Academy, Annapolis. USNA-EPRD, 8.) Conference on the United Nations of 1975. 7th, South Egremont, Mass., 1972. Ocean management and world order. Muscatine, Iowa, Stanley Foundation, 1972, 32 p. Conforti, Benedetto. Does freedom of the seas still exist? In Italian yearbook of international law, v. 1, 1975. Napoli, Editoriale Scientifica, 1975, p. 3-15. Cooper, R. N. An economist's view of the oceans. Journal of world trade law (London)9:357-377, July-August 1975. Crauciuc, Olimpiu A. G. L'exploration et l'exploitation des ressources minérales marines, quelques problèmes juridiques et économiques. Revue roumaine des sciences sociales; série de sciences juridiques (Bucarest)19:211-221, 1975, n° 2. Danzig, Aaron L. A funny thing happened to the common heritage on the way to the sea. San Diego law review (San Diego, Calif.)12:655-664, April 1975. Dar, V. and M. Levis. Effective communication in technology sharing. Ocean development and international law journal (New York)2:379-401, winter 1974. Deep-sea mining. In International Law Association, Report of the 55th Conference held at New York, Aug. 21-26, 1972. London, 1974, p. 379-467. Defensor Santiago, Miriam. The archipelago concept in the law of the sea. Philippine law journal (Quezon City)49:315-386, July 1974.

246 Delupis, Ingrid. Land-locked states and the law of the sea. In Scandinavian studies in law, v. 19, 1975. Stockholm, Almqvist and Wiksell International, 1975, p. 101-120. Dubner, B. H. A proposal for accommodating the interests of archipelagic and maritime states. New York University journal of international law and politics (New York)8:39-61, spring 1975. Eckert, R. D. Exploitation of deep ocean minerals; regulatory mechanisms and United States policy. Journal of law and economics (Chicago)17:143-177, April 1974. Ehmer, J. Der Grundsatz der Freiheit der Meere und das Verbot der Meeresverschmutzung. Berlin, Duncker und Humblot, 1974, 207 p. (Schriften zum Vôlkerrecht, 38.) Eiriksson, Gudmundur. The Third United Nations Conference on the Law of the Sea; an assessment. Columbia journal of world business (New York)l 0:15-19, spring 1975. Ely, Northcutt and Robert F. Pietrowski Jr. Boundaries of seabed jurisdiction off the Pacific coast of Asia. Natural resources lawyer (Chicago)S:611-629, 1975, no. 4. Emanuelli, C. C. Canadian approach to the Third Law of the Sea Conference. University of New Brunswick law journal (Fredericton, N.B.)24:3-28, May 1975. Establishment of international fisheries claims boards for the resolution of fishery-related disputes; their implementation, procedures and effectiveness. American University law review (Washing- ton, D.C.)24:1333-1371, summer 1975. Fawcett, James E. S. Problème des Seerechts; Ausblick auf die Konferenz von Caracas. Europa- Archiv (Bonn)29:365-372, 1974, no. 11. Finlay, L. W. Realism vs. idealism as the key to the determination of the limits of national jurisdiction over the continental shelf. In Yates, G. T. Ill and J. H. Young. Limits to national jurisdiction over the sea. Charlottesville, Va., Virginia Univ. Press, 1974, p. 75-99. Franck, T. M. andE. R. Chesler. International régime for the sea-bed beyond national jurisdiction. Osgoode Hall law journal (Downsview, Ontario)! 3:579-601, 1975. Gajic, Dusan. Ill Kinferencija UN o pravu mora. Mudunarodni problemi (Beograd)28 :141-162, 1975, no. 1. Gastines, Louis de. La mer patrimoniale. Revue générale de droit international public (Paris)79:447- 457, avril-juin 1975. Gold, Edgar. The Third United Nations Conference on the Law of the Sea; the Caracas Session, 1974. Maritime studies and management (Bristol, England)2:102-109, October 1974. Goldie, L. F. E. Delimiting continental shelf boundaries. In Yates, G. T. Ill and J. H. Young. Limits to national jurisdiction over the sea. Charlottesville, Va., Virginia Univ. Press, 1974, p. 3-74. Corner, Gunter und Harry Wunsche. Entwicklungstendenzen bei der Kodifizierung des See- volkerrechts. NeueJustiz (Berlin)29:673-676, 1975, no. 23. Govindraj, V. C. Land-locked states; their right to the resources of the sea-bed and the ocean floor. Indian journal of international law (New Delhi)14:409-424, July-December 1974. FypecB, C. A. Toprosoe cyaoxoflCTBo H MOKAynapoAHoe MopCKoe npaso. CoeemcKoe eocydapcmeo u npaeo (MocKBa) No. 3:94-99, 1975. [Merchant navigation and international sea law.] Hardy, M. Decision making at the Law of the Sea Conference. Revue belge de droit international (Bruxelles)ll :442-474, 1975, n° 2. Hardy, M. Regional approaches to law of the sea problems ; the European Community. Inter- national and comparative law quarterly (London)24:336-348, April 1975. Hargrove, John Lawrence. Who protects the ocean; environment of the law of the sea [by] M. O. Clement [and others]. Edited by J. L. Hargrove. St. Paul, Minn., West Pub. Co. [1975], 250 p. Hershman, M. J. and J. C. Folkenroth. Coastal zone management and intergovernmental coordina- tion. Oregon law review (Eugene, Ore.)54:13-33, 1975. Hoeffel, Jean-Marc. La zone maritime péruvienne de "souveraineté et de juridiction nationales" (le Pérou et les 200 milles). Revue générale de droit international public (Paris)79:422-446, avril-juin 1975.

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Law of treaties Droit des traités ITpaso floroBopOB Derecho de los tratados Biscottini, G. Questioni vecchie e nuove in tema di ordine di esecuzione dei trattati. Rivista di diritto internazionale (Milano)57:204-237, 1974, no. 2. Brazil, P. Some reflections on the Vienna Convention on the Law of Treaties. Federal law review (Canberra)6:223-248, June 1975. Brosche, H. Zwang beim Abschluss vôlkerrechtlicher Vertrage. Berlin. Duncker und Humblot, 1974, 250 p. (Schriften zum Vôlkerrecht, 35.)

254 Cahier, Philippe. Le problème des effets des traités à l'égard des Etats tiers. In Recueil des cours de l'Académie de droit international de La Haye, 1974-III. Leyde, A. W. Sijthoff, 1975, p. 589- 736. Caicedo Castilla, J. J. La teoria dél jus cogens en derecho internacional a la luz de la Convenciôn de Viena sobre el derecho de los tratados. Academia Colombiana de Jurisprudencia, revista (Bogotâ)no. 206-207:259-274, 1975. David, A. E. The strategy of treaty termination; lawful breaches and retaliations. New Haven, Conn., Yale Univ. Press, 1975, 324 p. Duckwitz, E. Rechtsfolgen bei Verletzung vôlkerrechtlicher Vertrâge, Berlin, Duncker und Hum- blot, 1975, 158 p. (Schriften zum Vôlkerrecht, 44.) Espada Ramos, M. L. El Convenio de Viena sobre el derecho de los tratados. Granada, 1974, 113 p. (Colecciôn monogrâfica Universidad de Granada, 26.) Frankowska, M. La dénonciation du traité international à la lumière du droit interne. Studio prawnicze (Warszawa)42:179-217, 1974. In Polish. Hummer, Waldemar. Ordinary versus special meaning. Ôsterreichische Zeitschrift fur ôffentliches Recht (Wien)26: 87-163, 1975, no. 1-2. Jasudowicz, T. Zakaz wykonywania rasady rébus sic stantibus wumowach okreslajacych granice. Studio prawnicze (Warszawa)no.41:3-29, 1974. [L'interdiction de l'application de la règle rébus sic slantibus envers les traités délimitant une frontière.] Kyozuka, S. Relationship between the interpretation of treaties and the law creative function. Hogaku shimpo (Tokyo)81: 25-61, 1974, no. 1. In Japanese. > Malawer, S. S. Coerced treaties and the Convention on the Law of Treaties. In his Studies in international law. Washington, D.C., Lerner Law Book Co., 1974, p. 20-62. Marchisio, Sergio. Sulla competenza del governo a stipulare in forma semplificata i trattati internazionali. Rivista di diritto internazionale (Milano)58 : 533-556, 1 975, no. 3. Molea, M. C. Vieille de consimtâmînt în dreptul international public. Bucure§ti, Editura , 1973, 224 p. Ogawa, Yoshihiko. The law of treaties concerning the treaties concluded by international organizations. Journal of law and politics [Kwansei Gakuin University] (Nishinomiya)25 : 547-580, March 1975. In Japanese. Paolillo, Felipe H. Some general reflections on the acceptance of treaties as a means of expanding the body of international law. Journal of international law and economics (Washington, D.C.) 10:355-369, August-December 1975. Pau, Giovanni. Note sull'esecuzione del trattati. Rivista di diritto internazionale (Milano)58 : 509- 532, 1975, no. 3. Rao, V. Nageswar. Jus cogens and the Vienna Convention on the Law of Treaties. Indian journal of international law (New Delhi)14: 362-385, July-December 1974. Rozakis, C. L. Conditions of validity of international agreements. Revue hellénique de droit international (Athènes)26-27: 221-253, 1973-1974. fflecraKOB, JI. H. noiurnie HOPM jus cogens B COBPCMCHHOM MeamyHapoflHOM npaee. ITpaeoeedenue (MocKsa) 18:118-122, 1974, Jfc 6. [On the notion of the norm jus cogens in modern international law.] Simma, Bruno. Der Grundvertrag und das Recht der vôlkerrechtlichen Vertrâge. Archiv des b'ffentlichen Rechts (Tubingen) 100: 4-29, Mârz 1975.

255 Sladkowski, Jacek. Podleganie traktatôw prawu miedzynarodowemu. Sprawy miedzynarodowe (Warszawa)28:97-106, kwiecien 1975. [Submission of treaties to international law.] S0rensen, Max. Le problème dit du droit intertemporel dans l'ordre international. In Annuaire de l'Institut de droit international, v. 55, 1973. Baie, Editions juridiques et sociologiques, 1973, p. 1-48. Stauffer, Wilhelm. Internationales Vertragsrecht und Rechtsberufung im Prozess. Schweizerische Juristen-Zeitung (Zùrich)70:181-185, 1974, no. 12. Sztucki, J. Jus cogens and the Vienna Convention on the Law of Treaties. Wien, Springer, 1974, 204 p. (Ôsterreichische Zeitschrift fur ôffentliches Recht. Supplementum, 3.) Tenekidès, G. Les effets de la contrainte sur les traités à la lumière de la Convention de Vienne du 23 mai 1969. In Annuaire français de droit international, v. 20,1974. Paris, Centre national de la recherche scientifique, 1975, p. 79-102. Vallat, Francis. The work of the International Law Commission—the law of treaties. Netherlands international law review (Leyden)22:327-336, 1975, no. 3. Wolfke, K. Jus cogens in international law. In Polish yearbook of international law, v. 6, 1974. Warsaw, Institute of Legal Sciences, Polish Academy of Sciences, 1975, p. 145-162.

Law of war Droit de la guerre IIpaBO BOHHbl Derecho de la guerra

Baxter, Richard R. Humanitarian law or humanitarian politics? The 1974 Diplomatic Conference on Humanitarian Law. Harvard international law journal (Cambridge, Mass.)16:l-26, winter 1975. Baxter, Richard R. Some existing problems of humanitarian law. Revlie de droit pénal militaire et de droit de la guerre (Bruxelles) 14:297-303, 1975, n° 3-4. Bond, J. E. Amended Article 1 of draft Protocol I to the 1949 Geneva Conventions; the coming of age of the guerrilla. Washington and Lee law review (Lexington, Va.)32:65-78, winter 1975. Bothe, Michael. Die Genfer Konferenz ùber humanitâres Vôlkerrecht; Bericht iiber den Stand der Verhandlungen nach der zweiten Sitzungsperiode. Zeitschrift fur auslândisches ôffentliches Recht und Vôlkerrecht (Stuttgart)35:641-655, 1975, no. 3. Cassese, Antonio. Current problems of international law; essays on U.N. law and on the law of armed conflict. Milano, Giuffrè, 1975, 375 p. (Pubblicazioni délia Facoltà di giurisprudenza délia Università di Pisa, 60.) Cassese, Antonio. Weapons causing unnecessary suffering; are they prohibited? Rivista di diritto internazionale (Milano)58:12-42, 1975, no. 1. Chimango, L. J. The relevance of humanitarian international law to the liberation struggles in Southern Africa—the case of Moçambique in retrospect. Comparative and international law journal of Southern Africa (Pretoria)8:287-317, November 1975. Dabrowa, S. Ludnosé cywilna w konfliktach zbrojnych. Warszawa, Wydawn. ministerstwa obrony narodowej, 1974, 367 p. Delbruck, J. Die Adàquanz vôlkerrechtlicher Kriegsverhutungs- und Friedenssicherungsinstru- mente im Lichte der Kriegsursachenforschung. In Jahrbuch fur internationales Recht, v. 17, 1974. Gôttingen, Vandenhoeck und Reprecht, 1974, p. 87-124. Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts. 1st Session, Geneva, 1974. Documents. [English] Geneva 1974-

256 Diplomatie Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts. 2nd Session, Geneva, 1975. Draft protocols I [and] II; following the second session of the Diplomatic Conference. Geneva, International Committee of the Red Cross [1975], 2 v. Also in French. Diplomatic Conference on the Reaffirmation and Development of International Humanitarian "Law Applicable in Armed Conflicts. 2nd session, Geneva, 1975. Documents. [English] Geneva, 1975- Duculesco, Victor. Effet de la reconnaissance de l'état de belligérance par les tiers, y compris les organisations internationales, sur le statut juridique des conflits armés à caractère non international. Revue générale de droit international public (Paris)79:125-151, janvier-mars 1975. Fleck, Dieter. Vôlkerrechtliche Gesichtspunkte fiir ein Verbot der Anwendung bestimmter Kriegswaffen. In Fleck, Dieter. Beitràge zur Weiterentwicklung der humanitàren Volkerrechts fur bewaffnete Konflikte. Hamburg, Hanischer Gildenverlag, 1973, p. 1-23. Summaries in English and French. Fontenot, Russell J. Development of the staff legal officer's responsibility under the law of war. Revue de droit pénal militaire et de droit de la guerre (Bruxelles)] 4:69-110, 1975, n° 1-2. Summary in French. Forsythe, David P. The 1974 Diplomatie Conference on Humanitarian Law; some observations. American journal of international law (Washington, D.C.)69:77-91, January 1975. Fujita, Hisakazu. La guerre de libération nationale et le droit international humanitaire. Revue de droit international, de sciences diplomatiques et politiques (Genève)53:81-142, avril-juin 1975. Graham, D. E. 1974 Diplomatie Conference on the Law of War; a victory for political causes and a return to the "just war" concept of the eleventh century. Washington and Lee law review (Lexington, Va.)32:25-63, winter 1975. Heidelmeyer, Wolfgang. Krieg und Nachkrieg; die UN-Grundsatze bei Kriegs- und Humanitâts- verbrechen. Vereinte Nationen (Bonn)22:176-179, Dezember 1974. Heydte, F. A. von der. Die Auswirkungen der Resolutionen des Institut de Droit International im Bereich des Kriegsrechts auf die Fortentwicklung des Kriegsvolkerrechts. In Wengler, W. Justitia et pace. Festschrift zum 100 jâhrigen Bestehens des Institut de Droit International. Berlin, Duncker und Humblot, 1974, p. 31-61. Hugler, Oskar. Bemerkungen zur Diplomatenkonferenz uber das humanitâre Vôlkerrecht. Neue Justiz (Berlin)29:617-621,1975, no. 21. Irie, Keishiro. Theories of peace and rules of war in the Ch'un Ch'in period. Waseda hogaku (Tokyo)50:l-81,1974. In Japanese. Ishikawa, H. International humanitarian law; its present situation and facing problems. Hôsôjiho (Tokyo)26:2059-2114, December 1974. In Japanese. Kalshoven, Frits. The Conference of government experts on the use of certain conventional weapons, Lucerne, 24 September-18 October 1974. In Netherlands yearbook of international law, v. 6, 1975. Leiden, A. W. Sijthoff, 1975, p. 77-102. Kalshoven, Frits. Reaffirmation and development of international humanitarian law applicable in armed conflicts; the first session of the Diplomatic Conference, Geneva, 20 February- 29 March 1974. In Netherlands yearbook of international law, v. 5, 1974. Leiden, A. W. Sijthoff, 1975, p. 3-34. Mac-Dermot, N. Revisao e implementaçao das Convençoes de Genebra. Ordem dos Advogados do Brasil, revista (Rio de Janeiro)5:205-216, 1974. McGowan, James J. Jr. Training in the Geneva and Hague Conventions; a dead issue? Revue de droit pénal et de droit de la guerre (Bruxelles) 14:51-68,1975, no. 1-2. Summary in French.

257 Malinverni, G. Armes conventionnelles modernes et droit international. In Schweïzerisches Jahr- buch fur internationales Recht, v. 30, 1974. Zurich, Schulthess Polygraphischer Verlag, 1974, p. 23-54. Meier, G. Der Begriff des bewaffneten Angriffs. Archiv des Volkerrechts (Tubingen)!6:375-386, 1975. Melzer, Y. Concepts of just war. Leyden, Sijthoff, 1975,190 p. Mesterovic, D. Le secours pour les services de santé en cas de conflit armé et en cas de catastrophe. In International Law Association, Report of the 55th Conference held at New York, Aug. 21- 26, 1972. London, 1974, p. 312-327. Miles, J. R. Current initiatives in the laws of armed conflict. Air Force law review (Alabama) 16:69-75, winter 1974. Miller, R. I. The law of war. Lexington, Mass., Heath, 1975, 329 p. (Lexington books.) Ohnuma, Yasuaki. Introduction to the study of war responsibility. Tokyo, Tokyo University Press, 1975, 449 p. In Japanese. Partsch, K. J. Neue Entwicklungen zum Begriff des internationalen bewaffheten Konfliktes. Neue Zeitschrift fur Wehrrecht (Berlin)17:46-52, 1975. Paust, Jordan J. Terrorism and the international law of war. Revue de droit pénal militaire et de droit de la guerre (Bruxelles)14:13-49, 1975, n° 1-2. Summary in French. Pictet, J. S. Humanitarian law and the protection of war victims. Leyden, SijthofF, 1975, 138 p. (Teneat lex gladium, 4.) Pictet, J. S. Le pendule de l'histoire. (Le développement du droit humanitaire pendant un siècle —1874-1973.) Revue de droit pénal militaire et de droit de la guerre (Bruxelles)14:287-295, 1975, n° 3-4. To be continued. Pilloud, Claude. The concept of international armed conflict; further outlook. International review of the Red Cross (Geneva) 15:7-16, January 1975. Pokstefl, Josef [und] Michael Bothe. Bericht uber Entwicklungen und Tendenzen des Kriegsrechts seit den Nachkriegskodifikationen. Zeitschrift fur auslândisches ôffentliches Recht und Vôl- kerrecht (Stuttgart)35:574-640, 1975, no. 3. Râber, F. Das Recht zum Krieg im zwanzigsten Jahrhundert und die Auswirkungen auf den Kriegsbegriff. Zurich, Juris Druck, 1975, 174 p. (Diss.—Zurich.) Reisman, M. Private armies in a global war system; prologue to decision. In Moore, J. N. Law and civil war in the modern world. Baltimore, Md., Johns Hopkins Univ. Press, 1974, p. 252-303. Salmon, Jean. Participation du G.R.P. du Sud Vietnam aux travaux de la Conférence diplomatique sur la réaffirmation et le développement du droit international humanitaire applicable dans les conflits armés. Revue belge de droit international (Bruxelles)ll :191-210, 1975, n° 1. Scheuner, U. Neutrality in public international law today. Law and state (Tubingen)7:53-72,1973. Seidl-Hohenveldern, I. The idea of equality in jus in bello. Law and state (Tubingen)12:77-84,1975. Solf, Waldemar A. and W. George Grandison. International humanitarian law applicable in armed conflict. Journal of international law and economics (Washington, D.C.)10:567-598, August- September 1975. Suckow, S. Conference on humanitarian law, phase two. Review of the International Commission of Jurists (Geneva)no. 14:42-54, June 1975. Suter, Keith D. Modernizing the laws of war. Australian outlook (Melbourne)29:211-219, August 1975. Trooboff, P. D. Law and responsibility in warfare; the Vietnam experience. Chapel Hill, N.C., Univ. of North Carolina Press, 1975, 280 p.

258 Maintenance of peace Maintien de la paix

Mantenimiento de la paz Aschlener, Roland. Die Vereinten Nationen und die Friedenswahrung. Wùrzburg [P und S Sofort- druck] 1973, xxv, 102 p. Diss. Wûrzburg. Bayerische Julius-Maximilian-Universitât. Hohe Juristische Fakultât, 1973. Chaudhri, Mohammed Ahsen. United Nations peace mechanisms and rules. Karachi, Council for Pakistan Studies [1973], 93 p. "Published in cooperation with the Department of International Relations, University of Karachi". Dai, P. Canada and the review of United Nations peacekeeping operations. In Canadian yearbook of international law, v. 12, 1974. Vancouver, B.C., University of British Columbia, 1974, p. 186-210. Galtung, J. Nonterritorial actors and the problem of peace. In Mendlovitz, S. H. On the creation of a just world order. New York, Free Press, 1975, p. 151-188. Gauland, A. Friedenssicherung durch Gleichgewichtspolitik. Archiv des Volkerrechts (Tubingen) 16:367-374, 1975. Mulicki, Tadeusz. Operacje pokojowe ONZ na Bliskim Wschodzie. Sprawy miedzynarodowe (Warszawa)28:35-48, kwiecien 1975. [Peace-making operations of the United Nations in the Middle East.] Papadopoulos, Andrestinos N. The maintenance of international peace and the United Nations; a legal analysis. International relations (London)5 : 800-824, May 1975. THMcpOaes, P. M. OOH H noflnepxaHHe MOKflynapOflHoro MHpa. [Ois. pefl. P. M.»TnMep6aeB.] MocKBa, MeacflynapOflHwe OTHOUICHHH, 1973, 184 c.

Membership and representation Admission et représentation à l 'ONU HJICHCTBO H npeACTasirrejibCTBO Miembros y representaciôn Colin, Jean-Pierre. Le G.R.P. et les Nations Unies. Revue belge de droit international (Bruxelles) 11:47-55, 1975, n° 1. Lazarus, C. Le statut des mouvements de libération nationale à l'Organisation des Nations Unies. In Annuaire français de droit international, v. 20, 1974. Paris, Centre national de la recherche scientifique, 1975, p. 173-200. Nowinska-Rosati, Teresa. Czlonkostwo stowarzyszone w organizacjach systemy ONZ. Sprawy miedzynarodowe (Warszawa)27:122-133, pazdziernik 1974. [Associated membership in the organizations of the United Nations system.) Osato, Masao. The problem of two Koreas. In Japanese annual of international law, no. 18, 1974. Tokyo, The International Law Association of Japan, 1974., p. 51-65.

Most-favoured-nation clause Clause de la nation la plus favorisée OrosopKH o pexcHMe HaiiGojibiiiero ojiaronpHHTCTBOBauHH Clâusula de la nation mas favorecida

Castells, Adolfo. La clâusula de la naciôn mas favorecida en las relaciones comerciales; desarrollo- subdesarrollo. Paris, Imprimerie alençonnaise, 1974, 94 p. Kramer, H. R. Das Meistbegunstigungsprinzip und die Entwicklungslander. In Jahrbuch fur internationales Recht, v. 17, 1974. Gottingen, Vandenhoeck und Reprecht, 1974, p. 125-144.

259 Murase, Shinya. Treatise on the most-favoured-nation clause. Kokusaiho gaiko zasshi (Tokyo) [Journal of Japanese Law and Diplomacy] 72:429-476, January 1974; 72:535-585, February 1974. In Japanese. Summary in English. Ryan, K. W. Most-favoured-nation clause and regional economic integration. University of Queens- land law journal (Queensland)8:3-18, December 1973.

Namibia Namibie HaMHÔHH Namibia Persaud, Motee. Namibia and the International Court of Justice. Current history (Philadelphia) 68:220-225, May 1975.

Narcotic drugs Stupéfiants HapKOTHHecKHe cpeflCTBa Estupefacientes Bassiouni, M. C. International aspects of drug abuse; problems and a proposal. John Marshall journal of practice and procedure (Chicago)9:3-45, fall 1975. Bassiouni, M. C. International narcotics control system; a proposal. Catholic lawyer (Jamaica, N.Y.)19:119-163, spring 1973.

Non-self-governing territories Territoires non autonomes HecaMoynpaBjifliomHecH reppHropHH Territories no autonomes Green, D. Michael. America's strategic trusteeship dilemma; its humanitarian obligations. Texas international law journal (Austin, Texas)9:19-49, winter 1974. le, Masaharu. Evolution of the system of non-self-governing areas. Kobe, Kobe City College of Foreign Languages, 1974, 167 p. In Japanese. Metelski, J. B. Micronesia and free association; can federalism save them? California Western international law journal (San Diego, Calif.) 5:162-183, winter 1974. Self-executing treaties: trusteeship agreements; citizens of Trust Territory of the Pacific Islands have rights under the trusteeship agreement which are judicially enforceable. Texas international law journal (Austin, Tex.)10:138-149, winter 1975.

Outer space Espace extra-atmosphérique KocMHnecKoe npocrpaHCTBO Espacio ultraterrestre Bueckling, A. Bemerkungen zum Weltraumregisterabkommen (Entwurf). Zeitschrift fur Luftrecht und Weltraumrechtsfragen (Koln)24:4-12, Mârz 1975. Bueckling, A. Weltraumrecht in der Krise; Ansàtze zu einem internationalen Satellitenverkehrs- recht. Film und Recht (Munchen)19:72-77, 1975. Busâk, Jan. Prâvni problémy primého rozhlasového vysilâni z druzic. Prâvnik (Praha)! 14:143-157, 1975, no. 3.

260 Christel, C. Q. Space joii.f. ventures; the United States and developing nations. Akron law review (Akron, Ohio)8:398-415, spring 1975. Cocca, A. A. Problemas de la responsabilidad ante la convivencia en estaciones orbitales. Boleiin de la Facultad de Derecho y Ciencias Sociales (Cordoba, Argenti na)38:81-94, enero-diciembre 1974. Colloquium on the law of outer space, 17th, Amsterdam, The Netherlands. Proceedings, October 1-4,1974, edited by Mortimer D. Schwartz. Davis, Calif., University of California Law School, 1975, 401 p. Dauses, Manfred A. Direct television broadcasting by satellites and freedom of information. Journal of space law (University, Miss.)3:59-72, spring-fall 1975. Farris, Robert H. The problem of delimitation in space law. Ann Arbor, Mich., Xerox University Microfilms [1975], 324 p. Diss. Notre Dame, Ind. University, 1974. Bibliography : p. 275-324. Fenema, Peter van. The 1972 Convention on International Liability for Damage Caused by Space Objects. Montreal, 1974, 271 p. (3 fiches) (Canada. National Library. Canadian theses on microfiche, 18209.) Theses. McGill University. Institute of Air and Space Law, 1973. Galloway, Eilene. Direct broadcast satellites and space law. Journal of space law (University, Miss.)3:3-72, 107-119, spring and fall 1975. Gorove, Stephen. Direct television broadcasting satellites; some alternatives in case of an impasse. Journal of space law (University, Miss.)3:55-57, spring-fall 1975. Kido, Masahiko. Fundamental questions relating to the law of outer space. Tokyo, Kazama Shobo, 1975, 234 p. In Japanese. Klinter, W. Brusseler Satellitenkonvention. Zeitschrift fur Luftrecht und Weltraumrechtsfragen (Koln)24:286-298, Dezember 1975. Klinter, W. Satellitenrundfunk und die Problematik des internationalen Urheber- und Leistungs- schutzes. Archiv fur Urheber-, Funk- und Theaterrecht (Munchen)70:41-73, 1974. Summaries in French and English. Kunz, Otto. K nëkterym mezinârodnëprâvnim aspektum sifeni signâlu prenâsejicich program pomoci umëlych druzic zemë. Prâvnik (Praha)113:1031-1049, 1974, no. 11. Moore, G. E. Earth resource satellites; a puzzle for the United Nations. Harvard international law journal (Cambridge, Mass.)16:648-656, summer 1975. Munch, J. B. Aspects juridiques de la radiodiffusion par satellite. Berne, Lang, 1975, 272 p. (Publi- cations universitaires européennes. Série II : Sciences juridiques, 121.) Ogunbanwo, Ogunsola O. International law and outer space activities. Den Haag, Martinus Nijhoff, 1975, xix, 278 p. Summary in Dutch. Proefschrift. Leiden. Rijksuniversiteit, 1975. Patermann, Christian. Applicable law in cases of tort damages caused by direct broadcast satellites. Journal of space law (University, Miss.)3:47-53, spring-fall 1975. Pikus, Irwin M. Legal implications of direct broadcast technology. Journal of space law (University, Miss.)3:39-45, spring-fall 1975. Powell, J. T. Direct broadcast satellites; the conceptual convergence of the free flow of information and national sovereignty. California Western international law journal (San Diego, Calif.) 6:1-40, winter 1975. Preuschen, R. von. Internationale Zusammenarbeit bei der Nutzung von Weltraumlaboratorien. Zeitschrift fur Luftrecht und Weltraumrechtsfragen (Kôln)24:13-25, Mârz 1975.

261 BepemeTHH, B. C. HcnoJibsoBanne KocMnnecKoro npocrpaHCTBa B npHKJiaflHtix UCJIHX H rocynap- CTBeHHbiâ cysepeHHTCT. CoeemcKoe zocydapcmeo u npaeo (MocKBa) N° 8:84-91, 1975. [The use of outer space in the applied purposes and the State sovereignty.] Williams, Sylvia Maureen. The role of equity in the law of outer space. International relations (London)5:776-799, May 1975. Yamamoto, Soji. A study of the permanent agreement relating to INTELSAT. Tokyo, Kokusai Denshin Denwa, Inc., 1973, 382 p. In Japanese.

Peaceful settlement of disputes Règlement pacifique des différends Mnpaoe paapemcHHe cnopoa Arreglo pacifico de controversias Charter of the United Nations. In International Law Association, Report of the 55th Conference held at New York, Aug. 21-26, 1972. London, 1974, p. 328-378. Migliazza, A. Natura ed efficacia dell'arbitrato internazionale. Archivio giuridico "Filippo Serafini" (Modena, Italy) 186:65-92, 1974, no. 1-2. Wilson, Larman C. The settlement of conflicts within the framework of relations between regional organizations and the United Nations : the case of Cuba, 1962-1964. Netherlands international law review (Leyden)22:269-281, 1975, no. 3.

Political and security questions Questions politiques et de sécurité IIojiHTHHecKiie Bonpocbi H Bonpocbi 6e3onacnocTH Cuestiones politicas y de seguridad Coussirat-Coustère, Vincent. La crise chypriote de l'été 1974 et les Nations Unies. In Annuaire français de droit international, v. 20,1974. Paris, Centre national de la recherche scientifique, 1975, p. 437-455. Evriviades, M. L. Légal dimension of the Cyprus conflict. Texas international law journal (Austin, Tex.)l0:227-264, spring 1975. Fischer, G. La Conférence des non-alignés d'Alger. In Annuaire français de droit international, v. 19, 1973. Paris, Centre national de la recherche scientifique, 1974, p. 9-33. Fisher, Robert A. Following in another's footsteps ; the acquisition of international legal standing by the Palestine Liberation Organization. Syracuse journal of international law and commerce (Syracuse, N.Y.)3:221-253, spring 1975. Focsaneanu, L. La République populaire de Chine à l'ONU, problèmes politiques et de sécurité. In Annuaire français de droit international, v. 20, 1974. Paris, Centre national de la recherche scientifique, 1975, p. 115-152. Joyner, C. C. The 1971 Indo-Pakistani war in retrospect. Eastern journal of international law (Madras)7:101-120, July 1975. Kranidiotis, Nicos. The Cyprus problem; the proposed solutions and the concept of the independent and sovereign state. Athens, C. A. Michalas S.A. Press, 1975, 78 p. Misra, K. P. The role of the United Nations in the Indo-Pakistani conflict, 1971. Delhi, Vikas Publishing House, 1973, 197 p. Nitecka-Jagiello, B. Konflikt cypryjski. Sprawy miedzynarodowe (Warszawa)no. 6:100-109, 1975. [The Cyprus conflict.] Rostow, Eugene V. The illegality of the Arab attack on Israel of October 6,1973. American journal of international law (Washington, D.C.)69:272-289, April 1975. Thomas, A. V. W. and A. J. Thomas Jr. The Cyprus crisis 1974-75; political-juridical aspects. Southwestern law journal (Dallas, Tex.)29:513-546, 1975.

262 Zacklin, Ralph. The United Nations and Rhodesia; a study in international law. N.Y., Praeger [1974], 188 p. (Praeger special studies in international politics and government.) "Chronology of United Nations Security Council resolutions on Rhodesia from 1965 to 1973", p. 115-136.

Progressive development and codification of international law (in general) Développement progressif et codification du droit international (en général) IIporpeccHBHoe paaBHTHe H KOAH

263 Stewart, J. B. Jr. International Law Commission, 26th session; draft articles on the succession of states in respect of treaties; the pragmatic development of international law. Harvard international law journal (Cambridge, Mass.)l 6:638-647, summer 1975. VCCHKO, E. T. « H. A. VuiaKOB. ITporpaMMa Mupa H nporpeccHBHoe paaBHTHe npasa. CoeemcKoe zocydapcmeo u npaeo (MocKBa) Ns 4:112-120, 1975. [The programme of peace and progressive development of international law.]

Recognition of States Reconnaissance d'Etats ïïpmHainie rocyaapcTB Reconocimiento de Estados

Kuyper, P. J. Erkenning; politick in het volkenrecht en volkenrecht in de politick. Internationale spectator (VGravenhage)28:587-594, 8 October 1974. Verhoeven, Joe. La reconnaissance internationale dans la pratique contemporaine; les relations publiques internationales. Paris, A. Pedone, 1975, 861 p. (Revue générale de droit international public. Publications. Nouvelle série, 24.)

Refugees Réfugiés Eexceanu Refugiados

Dorfman, Marc B. Implementing Article XI of the Convention of the Reduction of Statelessness; international legal "aid". Harvard international law journal (Cambridge, Mass.)16:657-669, summer 1975. Honma, Hiroshi. Legal theory on political refugees. Tokyo, Waseda University Press, 1974,469 p. In Japanese. Minagawa, Takeshi. Political refugees and international law. Kokusai mo/ufa/(Tokyo)no. 174:2-15, September 1974. In Japanese. Mori, Yoshinori. International protection of refugees. Kokusai mondai (Tokyo)no. 174:27-39, September 1974. In Japanese. Shimada, Yukio. Der BegrifT "Politische Flùchtlinge" im Vôlkerrecht. Kokusaiho gaiko zasshi (Tokyo) [Journal of International Law and Diplomacy] 74:1-46, June 1975. In Japanese. Summary in German.

Right of asylum Droit d'asile ripaao yoewHioa Derecho de asilo

Grahl-Madsen, Atle. An international convention on the territorial asylum : background, discussion, proposals. Bergen, Norges Handelsh0yskole, 1975, 90 p. Legal aspects of the problem of asylum. In International Law Association, Report of the 55th Conference held at New York, Aug. 21-26, 1972. London, 1974, p. 176-211. Nishii, M. Formation of the principle of nonextradition of political criminals. Hogaku ronso (Kyoto)94:18-39, November 1973; 95:33-64, June 1974. In Japanese.

264 Vukas, Budislav. Some comments on the draft convention on territorial asylum. In Revue égyp- tienne de droit international, v. 30, 1974. Le Caire, Société égyptienne de droit international, 1974, p. 98-119.

Rule of law Primauté du droit

Imperio del derecho Boasson, C. International law, conflict resolution and peace research; a concise orientation. Israel law review (Tel Aviv)10:178-191, April 1975. Sauer, E. F. Pragmatik; bessere Politik durch besseres Vôlkerrecht. Bonn, Molberg, 1974, 170 p. Schwarzenberger, G. Civitas maxima? In Yearbook of world affairs, v. 29, 1975. London, Stevens and Sons, 1975, p. 337-368. Taylor, G. D. S. The content of the rule against abuse of rights in international law. In British yearbook of international law, v. 46, 1972-73. London, Oxfprd U.P., 1975, p. 323-352.

Self-determination Libre détermination

Libre determinaciôn Ahmad, S. H. The United Nations and thé colonies. Bombay, Asia Pub. House, 1975, 458 p. Blum, Y. Z. Reflections on the changing concept of self-determination. Israel law review (Tel Aviv)10: 509-514, October 1975. Doehring, Karl. Das Selbstbestimmungsrecht der Vôlker aïs Grundsatz des Vôlkerrechts. Karls- ruhe, Miiller, 1974, 107 p. (Deutsche Gesellschaft fur Vôlkerrecht, Berichte 14.) Firmage, E. B. The war of national liberation and the third world. 7«,Moore, J. N. Law and civil war in the modern world. Baltimore, Md., Johns Hopkins Univ. Press, 1974, p. 304-347. Gross, Leo. The right of self-determination in international law. In Kilson, M. L. New states in the modern world. Cambridge, Mass., Harvard Univ. Press, 1975, p. 136-157. Ie, Masaji. The right of self-determination and internal war. Kokusaiho gaiko zasshi (Tokyo)73 :125- 167, November 1974. In Japanese. Summary in English. Jones, Robert E. Anti-colonialism at the United Nations : the origin and policy of the United Nations Special Committee on Colonialism, 1960-1967. Ann Arbor, Mich., University Micro- films [1974], 385 p. Diss. Notre Dame, Ind. University. Dept. of Government and International Studies, 1974. Kaladharan Nayar, M. G. Self-determination beyond the colonial context; Biafra in retrospect. Texas international law journal (Austin, Tex.)10: 321-345, spring 1975. Kaladharan Nayar, M. G. Self-determination; the Bangladesh experience. Revue des droits de l'homme (Paris)7: 23 1-271, 1974. Lelyveld, J. v. Over bevrijdingsbewegingen, politick en recht. Internationale spectator ('s-Graven- hage)28 : 362-371, 8 juni 1974. Mathy, Denise. L'autodétermination de petits territoires revendiqués par des Etats tiers; les revendications marocaine, espagnole et guatémaltèque. Revue belge de droit international (Bruxelles)l 1:129-1 60, 1975, n° 1. Menon, P. K. The right to self-determination; a historical appraisal. Revue de droit international, de sciences diplomatiques et politiques (Genève)52: 183-200, juillet-septembre 1975. Passalacqua, J. L. A. de. La cuestiôn de Puerto Rico ante la Organizaciôn de las Naciones Unidas. Revista de derecho puertorriqueno (Ponce, P.R.)12:191-220, octubre-diciembre 1972.

265 Pomerance, M. Methods of self-determination and the argument of primitiveness. In Canadian yearbook of international law, v. 12, 1974. Vancouver, B.C., University of British Columbia, 1974, p. 38-66. Ronzitti, Natalino. Wars of national liberation; a legal definition. In Italian yearbook of international law, v. 1., 1975. Napoli, Editoriale Scientifica, 1975, p. 192-205. Schwebel, S. M. Wars of liberation; as fought in U.N. organs. In Moore, J. N. Law and civil war in the modern world. Baltimore, Md., Johns Hopkins Univ. Press, 1974, p. 446-457. Sinha, S. Prakash. Has self-determination become a principle of international law today? Indian journal of international law (New Delhi)14: 332-361, July-December 1974.

Social defence Défense sociale

Defensa social Skoler, Daniel L. World implementation of the United Nations standard minimum rules for treatment of prisoners. Journal of international law and economics (Washington, D.C.)10:453- 482, August-September 1975. The United Nations standard minimum rules for the treatment of prisoners. Criminal law bulletin (Boston, Mass.)l 1:637-646, 1975.

State responsibility Responsabilité des Etats OTBCTCTBeHHOCTb POCVflapCTB Responsabilidad de los Estados Garcia-Amador, F. V. Draft articles on the responsibility of the state for injuries caused in its territory to the person or property of aliens. In Recent codifications of the law of state responsibility for injuries to aliens. Dobbs Ferry, N.Y., Oceana, 1974, p. 1-132. Oeser, E. [et al.]. Zu einigen Grundfragen der volkerrechtlichen Verantwortlichkeit. Gesellschafts- und Sprachwissenschaftliche Reihe (Berlin)12:429-468, 1973, no. 6. Pazarci, Huseyin. La responsabilité internationale des Etats à l'occasion des contrats conclus entre Etats et personnes privées étrangères. Revue générale de droit international public (Paris) 79:354-421, avril-juin 1975. Przetacznik, Franciszek. International responsibility of the state for failure to afford the special protection for foreign officials. Revue de droit international de sciences diplomatiques et politiques (Genève)52: 3 10-326, octobre-décembre 1974; 53:29-49, janvier-mars 1975. Sohn, L. B. and R. R. Baxter. Convention on thé international responsibility of states for injuries to aliens ; final draft with explanatory notes. In Recent codifications of the law of state responsibility for injuries to aliens. Dobbs Ferry, N.Y., Oceana, 1974, p. 133-^402. Vitânyi, Bêla. International responsibility of States for their administration of justice. Netherlands international law review (Rotterdam)22:131-163, 1975, no. 2.

State sovereignty Souveraineté des Etats FocyAapCTBeHHbiH cyBepenirreT Soberania de los Estados ,ZJeKaHO3OB, P. B. HeKOTopbie sonpocu lopHflHiecKoii npHpoflbi TeppHTopnft (npocxpancTB), H3tflTbix H3 c4>epbi rocy^apcTBCHHoro cyBepeKiiTCTa. B KU.: COBCTCKHÔ eacero^HHK Meacfly- npasa 1973. Mocxsa, Ha^aTejibCTBo Hayica, 1975, c. 203-215. Summary in English. [Some questions on the juridical nature of areas (spaces) withdrawn from state sovereignty.]

266 Jenks, Wilfred. Concepto actual de la soberania. Revista peruana de derecho international (Lima) 29: 28-41, 1971-72, no. 70. Riphagen, W. Some reflections on "functional sovereignty". In Netherlands yearbook of international law, v. 6, 1975. Leiden, A. W. Sijthoff, 1975, p. 121-165. Strakosch, Heinrich E. Die Antinomie des souverànen Staates. Ôsterreichische Zeitschrift fur ôffentliches Recht (Wien)25:81-112, 1974, no. 1-2.

State succession Succession d'Etats IIpaBonpeeMCTBO rocy^apcie Sucesiôn de los Estados Caggiano, Giandonato. The ILC draft on the succession of states in respect of treaties; a critical appraisal. In Italian yearbook of international law, v. 1, 1975. Napoli, Editoriale Scientifica, 1975, p. 69-98. Gaja, Giorgio. Reservations to treaties and the newly independent states. In Italian yearbook of international law, v. 1, 1975. Napoli, Editoriale Scientifica, 1975, p. 52-68. Mochi Onory, A. G. In tema di sovranità e successione di stati. Jus; rivista di scienze giuridichs (Milano)22:99-122, marzo 1975. Morvay, Werner. Souverânitàtsùbergang und Rechtskontinuitàt im Britischen Commonwealth; ein Beitrag zur Lehre von der Staatensukzession. Berlin, Springer Verlag, 1974, 116 p. (Beit- rage zum auslàndischen offentlichen Recht und Volkerrecht, 65.) O'Connell, D. P. State succession and government contracts. In International Law Association, Report of the 55th Conference held at New York, Aug. 21-26, 1972. London, 1974, p. 654-660. Schermers, Henry G. Succession of states and international organizations. In Netherlands yearbook of international law, v. 6, 1975. Leiden, A. W. Sijthoff, 1975, p. 10:i-119. Szafarz, Renata. Sukcesja panstw a traktaty w projekcie kodyfikacyjnym ONZ. Panstwo* i prawo (Warszawa)30:96-108, grudziefi 1975. Ward, R. O. Consequences of the succession of states on nationality of corporations in private international law "summum ius summa iniuria". University of West Los Angeles law review (Culver City, Calif .)7: 96-1 19, winter 1975. 3axapoBa, H. B. IIpaBonpeeMCTBO rocyzjapcTB. MocKBa, Hsfl-so Me^iryHapOAHtie 1973. 124 c.

Technical assistance Assistance technique TexHHHecKaH noMOiin» Asistencia técnica Munteanu, Roxana. Rôle de l'ONU dans le développement de la coopération économique et technico-scientifique internationale. Revue roumaine de sciences sociales; série de sciences juridiques (Bucarest)19:195-210, 1975, n° 2. Non-Governmental Organizations in economic and social development; a UNITAR conference at Schloss Hernstein, Austria. New York, United Nations Institute for Training and Research, 1975, 43 p.

Trade and development Commerce et développement ToproBJia H pasBHTHe Comercio y desarrollo Burnett, R. Negotiation of international agreements in the field of commerce and investment; problems of relevance to newly-independent states. Journal of world trade law (London)9:231- 265, May-June 1975.

267 Gallavresi, Lucilla. Terzo Mondo; la difficile ricerca di una strategia per lo sviluppo. In Annuario di politica internazionale, v. 25, 1972. Milano, Istituto per gli Studi di Politica Internationale, 1974, p. 353-378. Grewlich, Klaus W. Die UN-Konvention iïber einen Verhaltenskodex fur Linienkonferenz. Zeit- schriftfùr auslândisches offentliches Recht und Volkerrecht (Stuttgart)35: 742-758, 1975, no. 4. Ida, R. La revendication d'une réelle égalité entre les Etats au sein des organisations internationales économiques; genèse de la CNUCED. Hogaku ronso (Kyoto)96: 34-63, December 1974; 97:63-103, June 1975. In Japanese. Kamara, Marjon Vashti. United Nations Capital Development Fund : poor and rich worlds in collision, by M. V. Kamara [and] J. C. Piano. [Kalamazoo, Mich., New Issues Press, Institute of Public Affairs, Western Michigan University, 1974], 98 p. Lacharrière, G. Ladreit de. Influence de l'inégalité de développement des Etats sur le droit international. In Recueil des cours de l'Académie de droit international de La Haye, 1973-11. Leyde, A. W. Sijthoff, 1974, p. 227-269. Petersmann, E. U. Entwicklungsvôlkerrecht, droit international du développement, international economic development law: Mythos oder Wirklichkeit ? In Jahrbuch fur internationales Recht, v. 17, 1974. Gottingen, Vandenhoeck und Reprecht, 1974, p. 145-176. Schachter, Oscar. Just prices in world markets; proposals de lege ferenda. American journal of international law (Washington, D.C.)69:101-109, January 1975. Shah, M. J. Dispute settlement machinery in the convention on a code of conduct for liner conferences. Journal of mar itime law and commerce (Washington, D.C.)7:127-168, October 1975. World hunger and international trade; an analysis and a proposal for action. Yale law journal (New Haven, Conn. )84: 1046-1 077, April 1975.

Use of force Emploi de la force Uso de la fuerza Danisz, Josef. Uvod do problematiky zàkazu pouziti sily v prâvu mezinarodnim. Prâvnik (Praha) 114:32-42, 1975, no. 1. Lillich, Richard B. Economic coercion and the international legal order. International affairs (London)51: 358-371, July 1975. MeiKKHHCKHH, B. H. YciaB OOH H npHHmm HenpHMeneHHa CHJIM. B KH.: COBCTCKIIH MeacflynapoflHoro npasa 1973. Mocxsa, HsflarejibCTBO Hayica, 1975, c. 82-99. Summary in English. [The UN Charter and the Principle of Non-Use of Force.]

C. INTERGOVERNMENTAL ORGANIZATIONS RELATED TO THE UNITED NATIONS ORGANISATIONS INTERGOUVERNEMENTALES RELIÉES À L'ORGANISATION DES NATIONS UNIES ME>KnPABHTEJII>CTBEHHI>IE OPrAHHSAIJHH, CB.33AHHBIE C OPrAHH3AUHEPÏ OEBEAHHEHHBIX HAUHÏÏ ORGANIZACIONES INTERGUBERNAMENTALES RELACIONADAS CON LAS NACIONES UNIDAS

Food and Agriculture Organization of the United Nations Organisation des Nations Unies pour l'alimentation et l'agriculture lïpOAOBOJibcTBeHHasi H cejibcKOXosHHCTBeHHaa opramnamia O6i>e^uHeiiHbix Hauim Organization de las Naciones Unidas para la Agricultura y la Alimentation Alvarenga, I. A world congress on agrarian law? Paper prepared for the VIII Colloquium on Agrarian Law, Paris, 6-8 November 1975, 6 p. Multilithed. 268 Bombin.X. M. Incentives econômicos forestales en America Latina.-FO:: MAFP/LA/75/4,27 p., Julio 1975. Canô, Guillermo J. A legal and institutional frameworkrfor natural resources management, legislative studies, 9. iv+44 p., 1975. Also in "Spanish. Multilithed. Caponera, A. Legal-institutional aspects, of water resources conservation, development and management, with particular reference to groundwater resources. Paper prepared for the III International Symposium on Groundwater and the II International Conference on Water Planning, Palermo, Italy, 1-5 November 1975, i+14 p. Caponera, Dante A. Outline for the preparation of a National Water Resources Law Inventory. Legal Office. Background paper, 7. WS/F 9032, 9 p., 1975. Also in French and Spanish. Multilithed. Carroz, Jean. Les nouvelles techniques de coopération entre pays riverains et pêcheurs étrangers; la pêche et le renouvellement du droit de la mer. Travaux du Colloque international tenu à Marseille le 26 mai 1975, Institut du droit de la paix et du développement, p. 23-28. Carroz, Jean, et Michel Savini. L'aménagement des ressources biologiques de la mer appelle-t-il une coopération à l'échelle régionale ou mondiale? Revue iranienne des relations internationales (Téhéran)5-6:175-196, hiver 1975-1976. Crutchfield, J. A., R. Hamlish, G. Moore and C. Walker. Joint ventures in fisheries, IOFC/ DEV/75/37, ix + 83 p.,'April 1975. Multilithed. Current national legislation relating to the marking, packing and labelling of meat and meat products. CCP: ME 75/6, WM/G 1905, 1 + 6 p., August 1975. Also in French. Multilithed. Gérard, Alain. Eléments du droit de l'alimentatioiï; structure, principes et dispositions essentielles. Etude de législation, 7. viii+118 p., 1975. Also in English and Spanish. Multilithed. Hamlish, R. and G, K. F. Moore. Joint ventures in fisheries development in the CECAF area. CECAF/ECAF Series/75/3(En.), 25 p., 1975. Also in French. Multilithed. Limits and status of the territorial sea, exclusive fishing zones, fishery conservation zones and the continental shelf. FID/C/127, Rev. 2, v+14 p., 1975. Also in French and Spanish. Multilithed. Moore, G. K. Existing and proposed international conventions for the control of marine pollution and their relevance to the Mediterranean. Legal Office. Background paper, 8, ii+29 p., 1975. Also in French. Multilithed. Nanda, Ved P. The world food crisis and the role of law in combating hunger and malnutrition. Journal of international law and economics (Washington, D.C.)10:725-746, August-December 1975. Rapport sur la planification, la politique et la législation forestière en Haiti. Préparé par Raeder- Roitzsch, J. E., et F. Zenny. FO: DP/HAI/72/012. Document de travail, vi + 86 p., 1975. Multilithed.

269 Rapport au Gouvernement du Togo sur la législation agro-foncière et domaniale. Préparé par Michel L. J. Bachelet. PNUD/SF/TOG/69/007. Rapport de fin de mission, iv + 74 p. Annexes. Report to the Government of Indonesia. Second Report on Consultancy Services in the field of Water Legislation (INS/71/002). WS/H 1252, 104 p., July 1975. Based on the work of Bernard J. Wohlwend. Multilithed. Report to the Government of Nepal on Seed Legislation. AG: DP/NEP/70/512. Technical report 3, vi + 20 p.+ 3 Appendix, 1975. Based on the work of Romain Ricard and J. R. Thomson. Multilithed. Report to the Government of Papua New Guinea, forestry legislation project findings and recommendations. FO: DP/PNG/74/051. Terminal Report, 93 p., 1975. Based on the work of Raeder-Roitzsch, J. and F. Zenny. Multilithed. Report to the Government of the Philippines. Current developments in Philippine water law; suggested interim groundwater regulations. AGO : PHI/70/531, Working document 4, iv + 54 p. + Annex, 1975. Based on the work of Frank J. Trelease. Multilithed. Report to the Government of the Sultanate of Oman on Water Resources Policy. Administration and legislation. WS/H 1819, 29 p., 1975. Based on the work of Dante A. Caponera. Multilithed. Sand, P. H. Comparative table of texts relating to the draft convention for the protection of the marine environment against pollution in the Mediterranean. Legal Office. Background paper, 9, iii + 57, 1975. Multilithed. Sand, P. H. Consultant's Mission Report (environment law/Indonesia). WS/H2676,17 p., 1975. Multilithed. Sandoval, Magno Tulio. Legislaciôn de aguas en America Central, Caribe y Mexico. Edited by E. Herrero-Ayllon. Estudio legislative, 8, vi + 196 p., 1975. Multilithed. Selected acaricide legislation. Legal Office. Background paper, 5. WS/F8883, iii + 37 p., April 1975. Also in French and Spanish. Multilithed. Water law in selected European countries. Edited by Bernard J. Wohlwend. Legislative studies, 10, vi+257 p., 1975. Multilithed.

General Agreement on Tariffs and Trade Accord général sur les tarifs douaniers et le commerce FeHepajibHoe comameHHe no TapiKjmivi H roproBjie Acuerdo General sobre Aranceles Aduaueros y Comercio

Baldwin, Robert E. Der Abbau der nichttariflichen Beschrànkungen des Welthandels aïs Ziel der neuen GATT-Verhandlungen. Europa-Archiv (Bonn)29:555-564, 1974, no. 16. Banks, T. L. GATT, altered economics, and DISC; a legitimate application of rebus sic stantibus. Denver journal of international law and policy (Denver, Colo.)5:121-134, spring 1975. Espiell.H. G. GATT; accommodating generalized preferences. Journal of world trade law (London) 8:341-363, July-August 1974.

270 Groetzinger, Jon Jr. The new GATT code and the international harmonization of products standards. Cornell international law journal (Ithaca N.Y.)8:168-188, May 1975. Hudec, R. E. The GATT legal system and world trade diplomacy. New York, 1975, 399 p. (Praeger special studies in international politics and government.) Hudec, R. E. Retaliation against "unreasonable" foreign trade practices; the new section 301 and GATT nullification and impairment. Minnesota law review (Minneapolis, Minn.)59:461-539, January 1975. Kanthan, P. P. The legal limitations of GATT and UMCTAD; towards mutual cooperation. Indian journal of international law (New Delhi)! 5:63-78, January-March 1975. Liang, Y.-s. The establishment of the General Agreement on Tariffs and Trade. Chung fixing law review (Taipei, Taiwan)9:89-95, 1974. Lortie, P. Economic integration and the law of GATT. New York, 1975, 177 p. (Praeger special studies in international economics and development.) Piontek, Eugcniusz. Unie celne i strefy wolnego handlu a GATT. Sprawy miedzynarodowe (Wars- zawa)27:113-121, kwiecien 1974. [Custom and tariff unions and GATT.] Reuland, James M. GATT and state-trading countries. Journal of world trade law (London) 9:318-339, May-June 1975. Roessler, F. GATT and access to supplies. Journal of world trade law (London)9:25-40, January- February 1975. Roessler, F. Selective balance-of-payments adjustment measures affecting trade; the roles of the GATT and the IMF. Journal of world trade law (London)9:622-653, November-December 1975. Rossetti, G. P. Dumping und Dumpingbekâmpfung. Zurich, 1974, 186 p. (Diss. Zurich.) Venturini, Gabriejla. La regolamentazione multilatérale degli scambi commercial!; 1'Accordo Générale sulle Tariffe e il Commercio. Diritto comunitario scambi internazionali (Milano) 14:31-62, gennaio-marzo 1975. Summary in English.

Inter-Governmental Maritime Consultative Organization Organisation Intergouvemementale consultative de la navigation maritime MoKripaBHTejibcTBeHHaa MopCKan KOHcyjibTaTHBHan opraniuauHH Organization Consulriva Maritima Intergubernamental Barr, Philip B. Environmental law; a survey of international marine pollution controls; prelude to Geneva. Vanderbilt journal of transnational law (Nashville, Tenn.)8:477-492, spring 1975. Bradley, P. G. Marine oil spills; a problem in environmental management. Natural resources journal (Albuquerque, N. Mex.)14:337-359, July 1974. Brown, E. D. The prevention of marine pollution by oil from ships; competence to establish standards and competence to enforce standards. In Current legal problems, v. 28, 1975. London, Stevens and Sons, 1975, p. 199-222. Busby, Richard B. The Convention for the Prevention of Marine Pollution from Land-Based Sources; an effective method for arbitrating international effluent pollution disputes. Cali- fornia Western international law journal (San Diego, Calif.)5:350-375, spring 1975. Dahak, Driss. La réparation des dommages dus à la pollution des eaux. In Annuaire de l'Associa- tion des auditeurs et anciens auditeurs de l'Académie de droit international de La Haye, v. 41, 1971. La Haye, Martinus Nijhoff, 1971, p. 86-93. Dubais, B. A. Compensation for oil pollution damage resulting from exploration and exploitation of hydrocarbons in the seabed. Journal of maritime law and commerce (Silver Spring, Md.) 6:549-573, July 1975.

271 Emanuelli, C. Le droit international et la responsabilité civile pour les dommages dus à la pollution des mers par les hydrocarbures; la convention de Bruxelles de 1969 et ses développements ultérieurs. Revue de droit, Université de Sherbrooke (Sherbrooke, P.Q., Canada)4:25-54, 1973. Goldie, L. F. E. Liability for oil pollution disasters; international law and the delimitation of com- petences in a federal policy. Journal of maritime law and commerce (Silver Spring, Md.)6:303- 329, April 1975. Goria, Charles F. Compensation for oil pollution at sea; an insurance approach. San Diego law- review (San Diego, Calif.)! 2:717-742, April 1975. Inter-Governmental Maritime Consultative Organization. The activities of the Inter-Governmental Maritime Consultative Organization in relation to shipping and related maritime matters. London,1974, 47 p. Inter-Governmental Maritime Consultative Organization. Charts of prohibited zones; Interna- tional Convention for the Prevention of Pollution of the Sea by Oil. London, 1975, 1 v. In English and French. International Conference on Safety of Life at Sea, London, 1960. Final act. Supplement 2. London, Inter-Governmental Maritime Consultative Organization, 1974, 85 p. Jurisdiction over vessel-source pollution. Record of the Association of the Bar of the City of New York (New York)30:231-254, April 1975. Kojanec, Giovanni. Compétences des Etats .et réglementation internationale récente en matière de pollution de la mer; un cas de dédoublement fonctionnel. In Annuaire de l'Association des auditeurs et anciens auditeurs de l'Académie de droit international de La Haye, v. 41, 1971. La Haye, Martinus Nijhoff, 1971, p. 35-40. Lowe, A. V. The enforcement of marine pollution régulations. San Diego law review (San Diego, Calif.)12:624-653, April 1975. McHose, J. C. Marine pollution: legislation, litigation, underwriting; where are we? Where away? Forum (Chicago)l0:251-298, fall 1974. Mensah, T. A. The law relating to the pollution of the seas. In McKnight, A. D. [et al.] Environ- mental pollution control. London, Allen & Unwin, 1974, p. 174-208. Mestral, A. L. C. de. La Convention internationale de 1973 sur la prévention de la pollution par les navires. In Canadian yearbook of international law, v. 12,1974. Vancouver, B.C., Univer- sity of British Columbia, 1974, p. 239-255. Morin, J. Y. La pollution des mers au regard du droit international. In Hague. Academy of International Law. La protection de l'environnement et le droit international. Leiden, Sijthoff, 1975, p. 239-352. Tullio, L. Effetti giuridici délia Convenzione di Bruxelles del 17 dicembre 1971 sul trasporto marittimo di sostanze radioattive. Rivista del diritto délia navigazione (Roma)38:180-200, 1972. Tullio, L. Symposium di Stoccolma del giugno 1972 sul trasporto marittimo di materie nucleari. Rivista del diritto délia navigazione (Roma)38:331-340, 1972. Wolfrum, Rùdiger. Umweltschutz auf hoher See; Internationale wie nationale Massnahmen und Bestrebungen. Verfassung und Recht in Ubersee (Hamburg)S: 201-219, 1975, no. 2. Wood, L. D. Integrated international and domestic approach to civil liability for vessel-source oil pollution. Journal of maritime law and commerce (Washington, D.C.)7:l-68, October 1975. Wurfel, Seymour W. Legal measures concerning marine pollution. Principal investigator: S. W. Wurfel. Raleigh, N.C., 1975, 80 p. (North Carolina. State University, Raleigh. Sea Grant Program. Publication, UNC-SG-75-04.) Articles researched and written by students of international law at the University of North Carolina in 1974.

272 International Atomic Energy Agency Agence internationale de l'énergie atomique MejKflynapoflHoe areHTCTBo no aTOMHofi 3aeprnH Organisme Internacional de Energia Atômica Atchison, R. J. Licensing and regulatory control of nuclear power plants in Canada, 13 p. Paper presented at the IAEA Interregional Training Course on Nuclear Power Project Planning and Implementation, Karlsruhe Nuclear Research Center, 1975. Blechschmidt, M. Practical problems in the transport of radioactive materials, 10 p. Paper presented at the IAEA Interregional Training Course on Nuclear Power Project Planning and Implementation, Karlsruhe Nuclear Research Center, 1975. Boulanger, W. Nuclear liability conventions and their impact on national legislation, 20 p. Paper presented at the IAEA Interregional Training Course on Nuclear Power Project Planning and Implementation, Karlsruhe Nuclear Research Center, 1975. Fischerhof, H. Aufgaben und Ziele einer internationalen Vereinigung fur Kernenergierecht. Wirtschaftsrecht (Frankfurt/M): 104-109, 1974. Francis, H. W. Insurance against nuclear risks, 14 p. Paper presented at the IAEA Interregional Training Course on Nuclear Power Project Planning and Implementation, Karlsruhe Nuclear Research Center, 1975. Ha Vinh, Phuong. Enabling legislation and regulatory determinations for nuclear power programme. IAEA Interregional Training Course on Nuclear Power Project Planning and Imple- mentation, Karlsruhe Nuclear Research Center, 1975, 5 p. International Atomic Energy Agency. International treaties relating to nuclear control and disarmament. Vienna, 1975, 78 p. (Its : Legal series, 9.) International Atomic Energy Agency. Licensing and regulatory control of nuclear installations. Vienna, 1975, 313 p. (Its : Legal series, 10.) Reyners, P. Main features of licensing requirements for nuclear installations in several OECD member countries, 23 p. Paper presented at the IAEA Interregional Training Course on Nuclear Power Project Planning and Implementation, Karlsruhe Nuclear Research Center, 1975. Sanders, Benjamin. Safeguards against nuclear proliferation. Cambridge, Mass., MIT Press [1975], 114 p. (A SIPRI monograph.) Sanders, Benjamin and R. Rometsch. Safeguards against use of nuclear material for weapons. Nuclear engineering international (London)20:682-685, 1975. Schnurer, H. Licensing and regulatory control of nuclear power plants in the Federal Republic of Germany, 33 p. Paper presented at the IAEA Interregional Training Course on Nuclear Power Project Planning and Implementation, Karlsruhe Nuclear Research Center, 1975. Shapar, H. K. Export and import provisions for nuclear materials from the legal point of view, 18 p. Paper presented at the IAEA Interregional Training Course on Nuclear Power Project Planning and Implementation, Karlsruhe Nuclear Research Cemer, 1975. Shapar, H. K. Legislative and regulatory aspects of nuclear power reactor licensing in the USA, 21 p. Paper presented at the IAEA Interregional Training Course on Nuclear Power Project Planning and Implementation, Karlsruhe Nuclear Research Center, 1975. Szasz, Paul C. The adequacy of international nuclear safeguards. Journal of international law and economics (Washington, D.C.)10:423-436, August-December 1975. Welck, S. von. Friedliche Kernsprengungen als Herausforderung und Aufgabe internationaler Organisationen. Frankfurt-a-Main, Deutsche Gesellschaft fur auswârtige Politik, Forschungs- institut, April 1975.

273 Wright, H. A. The conduct of regulatory activities, 17 p. Paper presented at the IAEA Interregional Training Course on Nuclear Power Project Planning and Implementation, Karlsruhe Nuclear Research Center, 1975. Ziegler, E. Nuclear legislation and regulation : enactment and authority; introduction and survey of atomic energy law, 26 p. Paper presented at the IAEA Interregional Training Course on Nuclear Power Project Planning and Implementation, Karlsruhe Nuclear Research Center, 1975. Zimmermann, F. Der internationale Vertrag iiber die Nichtverbreitung von Kernwaffen. Schweizer- ische Juristen-Zeitung (Zurich)71:124-126, 1975.

International Civil Aviation Organization Organisation de l'aviation civile internationale MeJK^yHapo^HaH opramnauHH rpaxcaaHCKOH aBiiauHH Organization de Aviation Civil Internacional

Abramovsky, Abraham. Multilateral conventions for the suppression of unlawful seizure and interference with aircraft. Part 1: The Hague Convention. Part 2: The Montreal Convention. Columbia journal of transnational law (New York)13:381-405, 1974; 14:268-300, 1975. Abramovsky, Abraham. Multilateral conventions for the suppression of unlawful seizure and interference with aircraft; the legality and political feasibility of a multilateral air security enforcement convention. Columbia journal of transnational law (New York)14:451-484, 1975, no. 3. Air law. In International Law Association, Report of the 55th Conference held at New York, Aug. 21-26, 1972. London, 1974, p. 729-742. Air law—Warsaw Convention—mental anguish alone is a compensable injury under Article 17. Seton Hall law review (Newark, N.J.)7:108-125, fall 1975. Beristain, A. Terrorism and aircraft hijacking. International journal of criminology and penology (London)2:347-389, 1974. Bhatt, S. Safety in air; recent developments. Indian journal of international law (New Delhi) 14:386-399, July-December 1974. Bockman, Robert T. Aviation law—personal injury—the Warsaw Convention, as modified by the Montreal agreement, acts to establish the air carrier's strict liability for a passenger's personal injury incurred during an aircraft hijacking. Georgia journal of international and comparative law (Athens, Ga.)4:481-487, spring 1974. Bôckstiegel, K. H. Streitentscheidungszustàndigkeiten in der International Zivilluftfahrtorganisa- tion, ICAO. In Festschrift fur Hermann Jahrreiss zum 80. Geburtstag. Koln [Institut fur Volkerrecht und auslàndisches ôffentliches Recht, Univ. zu Koln], 1974, p. 5-18. Boschi, M. Gli orientamenti giurisprudenziali in tema di cattura illecita di aeromobili. Rivista di polizia (Roma)28:497-517, 1975. Boyle, R. P. Guatemala Protocol to the Warsaw Convention. California Western international law journal (San Diego, Calif.)6:41-85, winter 1975. Brooks, Roy L. Skyjacking and refugees; the effect of the Hague Convention upon asylum. Harvard international law journal (Cambridge, Mass.)16:93-112, winter 1975. Cole, C. V. Extradition treaties abound but unlawful seizures continue. Law Society Gazette (Toronto)9:177-184, 1975, no. 3. Diamond, Barry R. The Bermuda Agreement revisited; a look at the past, present and future of bilateral air transport agreements. Journal of air law and commerce (Dallas)41:419-496, summer 1975. Emanuelli, Claude. Legal aspects of aerial terrorism : the piecemeal vs. the comprehensive approach. Journal of international law and economics (Washington, D.C.)10:503-518, August- September 1975.

274 Evans, A. E. Report on aircraft hijacking in the United States; law and practice. Criminal law bulletin (Boston)l 0:589-604, September 1974. Ferrer, M. A. Proposiciones ante la declinaciôn de la Convenciôn de Varsovia-La Haya. Boletin de la Facultad de Derecho y Ciencias Sociales (Cordoba, Argentina)35 : 59-90, enero-diciembre 1972. Florio, J. G. Le Protocole de Guatemala du 8 mars 1971. Lausanne, Ruckstuhl, 1974, 120 p. (Thèse, Lausanne.) Green, L. C. Extradition v. asylum for aerial hijackers. Israel law review (Tel Aviv)10:207-224, April 1975. Greenberger, Benjamin L. Warsaw Convention ; passengers' right of recovery against airlines for mental anguish suffered in hijacking. Columbia journal of transnational law (New York) 13:452-466, 1974, no. 3. Joyner, N. D. Aerial hijacking as an international crime. Dobbs Ferry, N.Y., Oceana, 1974, 344 p. Krieken, P. J. van. Hijacking and asylum; some remarks on the hijacking problem and its repres- sion, with respect to the law on asylum. Netherlands international law review (Leyden)22:3-30, 1975, no. 1. Landry, J. E. Swift, sure and equitable recovery; a developing concept in international aviation law. New York State Bar journal (Albany, N.Y.)47: 372-374, August 1975. Landry, J. E. onrfH. V. McCoy. Yes or no on the Guatemala protocol. Forum (Chicago)10:727- 770, winter 1975. Lindauer, J. Kathryn. Recovery for mental anguish under the Warsaw Convention. Journal of air law and commerce (Dallas, Tex.)41 : 333-346, spring 1975. McWhinney, E. W. The illegal diversion of aircraft and international law. Leyden, Sijthoff, 1975, 123 p. MajieeB, K). H. AKTM HeaaKOHHoro BMeuiaTentCTsa B fleHTejibHocTb rpaawaHcicoft rioHHTHflHo-TepMHHOJiorHHecKHiî annapaT. B KH.: CoseTCKHft »;KeroflHHK npasa 1973. Mocxsa, HsAarejibCTBO Hayxa, 1975, c. 249-258. Summary in English. [Acts of unlawful interference in operation of civil aviation. Concepts and terminology.] Mankiewicz, René H. Organisation de l'aviation civile internationale ; la vingt et unième session de l'Assemblée. In Annuaire français de droit international, v. 20, 1974. Paris, Centre national de la recherche scientifique, 1975, p. 637-658. Mapelli, Enrique. Convenio sobre medidas conjuntas a aplicar a los Estados que no cumplen los tratados que se refieren a los delitos aeronâuticos. Diritto aereo (Roma)l 3: 219-234, 1974, no. 51/52. Martin, P. Death and injury in international air transport. Journal of air law and commerce (Dallas, Tex.)41: 255-269, spring 1975. Minor, W. W. Skyjacking crime control models. Journal of criminal law and criminology (Baltimore, Md.)66: 94-105, March 1975. Pakay, A. Egyezmények a nemzetkôzi polgâri repûlés biztonsaga érdekeben. Jogtudomanyi kôzlôny (Budapest)29 : 292-297, 1974. [Conventions for the security of international civil aviation.]

Rajski, J. Trends of development of the international law of carriage by air. In Polish yearbook of international law, v. 5, 1972-1973. Warsaw, Institute of Legal Sciences, Polish Academy of Sciences, 1974, p. 209-229. Schoner, D. Haftung des Reiseveranstalters fur die Luftbefôrderung. Zeitschrift fur Luftrecht und Weltraumrechtsfragen (K6ln)24: 257-267, Dezember 1975.

275 Schiitz, H. J. Der vôlkerrechtliche Rahmen zur Bekâmpfung von Flugzeugentfûhrungen und anderen Terrorakten gegen die internationale Zivilluftfahrt. Ôsterreichische Juristen-Zeitung (Wien)30:225-239, 1975. Shubber, S. Jurisdiction over crimes on board aircraft. The Hague, Nijhoff, 1973, 369 p. Smith, C. L. Probable necessity of an international prison in solving aircraft hijacking. International lawyer (Chicago)S:269-278, April 1971. Sundberg, J. Unlawful seizure of aircraft. Arkiv for Luftrett (Oslo)6:l-78, 1974. Thomson, Georges. La révision de la Convention de Rome. Revue française de droit aérien (Paris) 29:233-258, juillet-septembre 1975. Trêves, T. Appunti in tema di dirottamenti aerei e diritto internazionale générale. Diritto marittimo (Genova)77:47-57, gennaio-marzo 1975. Wortley, B. A. Aerial hi-jacking. In Caemmerer, Ernst von [et al.}. Festschrift fur Pan J. Zepos anlâsslich seines 65. Geburtstages am 1. Dezember 1973. Athen, Freiburg, 1973, p. 767-776.

International Labour Organisation Organisation internationale du Travail MexcAynapo^HaH opraiwiauHH Tpy^a Organization International del Trabajo Bennett, Gordon I. The I.L.O. Convention on Indigenous and Tribal Populations; the resolution of a problem of vires. In British yearbook of international law, v. 46, 1972-73. London, Oxford U.P., 1975, p. 382-392. Fifty-ninth session of the International Labour Conference. International labour review (Geneva) 110:277-300, October 1974. Gormley, W. P. The growing protection of human rights and labour standards by the International Labour Organization. Banaras law journal (Varanasi, India)9:l-52, 1973, no. 1-2. Letourneur, M. Tribunal administratif de l'Organisation internationale du Travail. In Mélanges offerts à Marcel Waline. Le juge et le droit public, I. Paris, Librairie générale de droit et de jurisprudence, 1974, p. 203-214. Mrâchkov, Vasil. Obligations des Etats membres et contrôle international de l'activité normative de l'Organisation internationale du Travail (l'OIT). In Studies in international law, v. 2,1974. Sofia, Bulgarian Association of International Law, 1974, p. 79-96. Mrâchkov, Vasil. Prava i politicheska sushtnost na konventsiite i preporukite ne Mezhdunarodnata organizatsiia na truda. Pravna mis'l (Sofia)l9:13-26, 1975, no. 1. [Essence juridique et politique des conventions et des recommandations de l'Organisation internationale du Travail.] Pazdzior, B. Wplyw Miedzynarodowego biura pracy na konwencje i zalecenia Miedzynarodowej organizacji pracy. Warszawa, Panstwowe wydawn. naukowe, 1975,160 p. (Acta universitatis. Wratislaviensis, 243. Nauki polityczne, 5.) Rao, B. Relativity between norms fixed by the International Labour Organisation and labour legislation in India. Journal of the Indian Law Institute (New Delhi)!6:88-97, January-March 1974. Rossillion, C. "Etudes spéciales" de l'OIT sur l'élimination de la discrimination; de nouveaux moyens d'examen impartial de situations intéressant la promotion des droits de l'homme. Revue des droits de l'homme (Paris)7:653-669, 1974. Schnorr, G. Influence of ILO standards on law and practice in the Federal Republic of Germany. International labour review (Geneva) 110:539-564, December 1974. Stoermann, W. E. ILO activities in the field of multinational enterprises. Journal of international law and economics (Washington, D.C.) 10:347-353, August-December 1975. Van der Yen, J. J. M. La liberté, motif juridique dans l'Organisation internationale du Travail Revue des droits de Vhomme (Paris)8:869-882, 1975, n° 4.

276 Vries Reilingh, O. G. de. International Labour Organisation; problems with the supervisory machinery in 1974. In Netherlands yearbook of international law, v. 5,1974. Leiden, A. W. Sijthoff, 1975, p. 167-174. Wolf, Francis. L'application des conventions internationales du travail par voie de conventions collectives. In Annuaire français de droit international, v. 20,1974. Paris, Centre national de la recherche scientifique, 1975, p. 101-114. Wolf, Francis. ILO experience in the implementation of human rights. Journal of international law and economics (Washington, D.C.)10:599-625, August-December 1975. Yiannopoulos, D. C. La Commission d'investigation et de conciliation en matière de liberté syndicale de l'Organisation internationale du Travail. Paris, Librairie générale de droit et de jurisprudence, 1973, 274 p. (Thèse n° 214. Genève.)

International Monetary Fund Fonds monétaire international

Fondo Monetario International

Cooper, R. N. Prolegomena to the choice of an international monetary system. International organization (Madison, Wis.)29: 63-97, winter 1975. Gold, Joseph. The Bretton Woods agreement of July 22, 1944, in the courts. Rabels Zeitschrift fur auslândisches und internationales Privatrecht (Tubingen)38:683-719, 1974, no. 4. Gold, Joseph. Developments in the law and institutions of international economic relations. American journal of international law (Washington, D.C.)68: 687-708, October 1974. Gold, Joseph. The Fund Agreement in the courts— XI. International Monetary Fund staff papers (Washington, D.C.)22: 206-232, March 1975. Gold, Joseph. Law and reform of the international monetary system. Journal of international law and economics (Washington, D.C.)1 0:371-421 , August-December 1975. Gold, Joseph. Recent international decisions to prevent restrictions on trade and payments. Journal of world trade law (London)9: 63-78, January-February 1975. Gold, Joseph. Uniformity as a legal principle of the International Monetary Fund. Law and policy in international business (Washington, D.C.)7: 765-811, summer 1975. Grimm, R. J. Proposals for reform of the international monetary system; an analysis of the legal bases of the present system and suggested alternatives. International bar journal (London) 24-32, May 1975. Halm, George N. A guide to international monetary reform. Lexington, Mass., Lexington Books, [1975], 126 p. Legal problems in the adoption of a crawling peg exchange rate adjustment mechanism. Stanford law review (Stanford, Calif.)27: 349-385, January 1975. Pront, P. E. Termination of two-tier gold. Law and policy in international business (Washington, D.C.)7: 273-302, winter 1975. Trêves, Tullio. Les décisions d'interprétation des statuts du Fonds monétaire international. Revue générale de droit international public (Paris)79 : 5-24, janvier-mars 1975. Verbit, Gilbert P. International monetary reform and the developing countries; the rule of law problem. New York, Columbia University Press, 1975, 335 p. Williams, John S. Extraterritorial enforcement of exchange control regulations under the Inter- national Monetary Fund Agreement. Virginia journal of international law (Charlottesville, Va.)l 5: 320-396, winter 1975.

277 United Nations Educational, Scientific and Cultural Organization Organisation des Nations Unies pour l'éducation, la science et la culture OpramuauHH Oote^HHeHHux Hainift no BonpocaM o6pa30Bainifl, nayicH H Kyjnvrypu Organizaciôn de las Naciones Unidas para la Educaciôn, la Ciencia y la Culture Françon, J. Les Actes de Paris portant révision des conventions internationales sur la propriété littéraire et artistique. In Annuaire français de droit international, v. 20, 1974. Paris, Centre national de la recherche scientifique, 1975, p. 626-636. Goy, R. Les régions établies par l'UNESCO en vue de l'exécution de ses activités régionales. In Annuaire français de droit international, v. 20, 1974. Paris, Centre national de la recherche scientifique, 1975, p. 613-625. Kolle, G. Reprography and copyright law; a comparative law study concerning the role of copyright law in the age of information. International review of industrial property and copyright /uH>(Munich)6:382-417, 1975. Lang, Gordon. UNESCO and Israel. Harvard international law journal (Cambridge, Mass.)16:676- 682, summer 1975. Olian, I. A. Jr. International copyright and the needs of developing countries; the awakening at Stockholm and Paris. Cornell international law journal (Ithaca, N.Y.)7:81-112, May 1974.

Universal Postal Union Union postale universelle BcCMHOHblH nOHTOBblH COH>3 Union Postal Universal Union postale universelle. Bureau international. Actes révisés à Lausanne, 1974, et annotés. Berne, 1975-1976, 4 v.

World Bank Banque mondiale BceMHpm>iH 6amc Banco Mundial Grijzen, Johan. Enkele aspecten van ontwikkelingen binnen de Wereldbank. Internationale spectator ('s-Gravenhage)29:340-345, juni 1975. Kindt, John Warren. Providing for environmental safeguards in the development loans given by the World Bank Group to the developing countries. Georgia journal of international and comparative law (Athens, Ga.)5:540-557, summer 1975. Makarczyk, Jerzy. Finansowanie rozwoju gospodarczego w systemic narodoôw zjednoczonych, IBRD, IFC, IDA; studium prawno-miedzynarodowe. Wroclaw, Instytut Nauk Prawnych, Polska Akademia Nauk, 1974, 254 p. Strobl, J. W. Weltbank und Weltbevôlkerung. Vereinte Nationen (Bonn)22:101-104, August 1974. International Centre for Settlement of Investment Disputes Centre international pour le Règlement des différends relatifs aux investissements internationaux MeMcdynapodHbiù uenmp no ypezyjiupoeamio uneecmuuuoHHbix cnopoe Centra Internacional de arreglo de diferencias relativas a inversiones Cherian, Joy. Investment contracts and arbitration; the World Bank Convention on the Settle- ment of Investment Disputes. Leyden, A. W. Sijthoff, 1975,198 p.

World Heath Organization Organisation mondiale de la santé BceMupuasi opramrainui s^paBOOxpaHemra Organizaciôn Mundial de la Salud Beigbeder, Yves. La représentation du personnel à l'Organisation mondiale de la santé et dans les principales institutions spécialisées des Nations Unies ayant leur siège en Europe. Paris, Librairie générale de droit et de jurisprudence, 1975,289 p. (Bibliothèque de droit international, 77.)

278

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