Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations

Extract from:

UNITED NATIONS JURIDICAL YEARBOOK

2010

Part Two. Legal activities of the United Nations and related intergovernmental organizations

. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations

Copyright (c) United Nations

UNITED NATIONS JURIDICAL YEARBOOK 2010

8 International Fund for Agricultural Development

(

  1. Membership 305 (b) Partnership agreements and memorandum of understanding 305 (c) Other legal activities 306 9 United Nations Industrial Development Organization

    (

  2. Agreements and other arrangements 307 10 World Trade Organization

    (

  3. Membership 316 (b) Dispute settlement 318 (c) Waivers under article XI of the WTO Agreement 319 11 International Atomic Energy Agency

    (

  4. Member States of the International Atomic Energy Agency (IAEA) 321 (b) Treaties under IAEA auspices 321 (c) IAEA legislative assistance activities 324 (d) Code of Conduct on the Safety and Security of Radioactive Sources 325 (e) Safeguards agreements 326 12 Organisation for the Prohibition of Chemical Weapons

    (

  5. Membership 327 (b) Legal status, privileges and immunities and international agreements 327 (c) OPCW legislative assistance activities 327 13 Preparatory Commission for the Comprehensive Nuclear-Test-Ban

    Treaty Organization

    (

  6. Membership 328 (b) Legal status, privileges and immunities and international agreements 329 (c) Legislative assistance activities 329

    Chapter IV Treaties Concerning International law concluded under the auspices of the united nations and related intergovernmental organizations

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

    1 International Cocoa Agreement Geneva, 25 June 2010 331 2 Multilateral Agreement for the establishment of an international think

    tank for Landlocked Developing Countries New York, 24 September 2010 363 3 Central African Convention for the control of small arms and light weapons, their ammunition and all parts and components that can be

    used for their manufacture, repair and assembly Kinshasa, 30 April 2010 369 4 Nagoya Protocol on Access to Genetic Resources and the Fair and

    Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity Nagoya, 29 October 2010 392

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    contents

    5 Nagoya-Kuala Lumpur Supplementary Protocol on Liability and

    Redress to the Cartagena Protocol on Biosafety Nagoya, 15 October 2010 410 B Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations

    1 International Civil Aviation Organization

    (

  7. Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation Beijing, 10 September 2010 416

    (b) Protocol Supplementary to the Convention for the Suppression of

    Unlawful Seizure of Aircraft Beijing, 10 September 2010 427 2 International Criminal Court

    (

  8. Resolution RC/Res 5 Amendments to article 8 of the Rome Statute 435 (b) Resolution RC/Res 6 The crime of aggression 437

    Chapter V decisions of the administrative tribunals of the United Nations and related intergovernmental organizations

    A United Nations Dispute Tribunal 443

    1. Judgment No. UNDT/2010/019 (29 January 2010): Samardzic et al v

    Secretary-General of the United Nations

    Binding nature of time limits for contesting administrative decisions—

    Exceptions to the prescribed time limits—“Exceptional cases” foreseen in article 8 3 of the United Nations Dispute Tribunal (UNDT) Statute—Personal circumstances—Ignorance of the time limits 444 2 Judgment No. UNDT/2010/044 (19 March 2010): D’Hooge v Secretary-General of the United Nations

    Termination of contract—Special leave with full pay—Due process in preliminary investigations and administrative review—Good faith

    and fair dealing—Misrepresentation of facts does not render an employment contract void—The Organization can only end an employment contract through the procedures for termination and dismissal—Delegation—Authority to terminate a contract resides

    solely with the Secretary-General—“Highest standards of integrity” and “efficiency” inadequate test for termination—Relationship between misconduct procedures and termination—Misconduct involves moral turpitude and requires application of provisions on disciplinary measures 445 3 Judgment No. 052/2010 (31 March 2010): Lutta v Secretary-General of

    the United Nations

    Disciplinary measure—Initiation of disciplinary proceedings—Standard of evidence to satisfy that a report of misconduct is well founded—Reasonable suspicion standard—International norms

    of fairness in investigations—International standards determining “sobriety status” 448

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    Chapter IV

    TREATiEs cONcERNiNg iNTERNATiONAL LAW cONcLUDED

    UNDER ThE AUsPicEs OF ThE UNiTED NATiONs AND

    RELATED iNTERgOvERNmENTAL ORgANizATiONs

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

    1 International Cocoa Agreement Geneva, 25 June 2010*

    Preamble

    The Parties to the Agreement,

    (

  9. Recognizing the contribution of the cocoa sector to poverty alleviation and the achievement of the internationally agreed development goals, including the Millennium Development Goals (MDGs);

    (b) Recognizing the importance of cocoa and the cocoa trade for the economies of developing countries, as a source of income for their populations, and recognizing the key contribution of the cocoa trade to their export earnings and to the formulation of social and economic development programmes;

    (c) Recognizing the importance of the cocoa sector to the livelihoods of millions of people, particularly in developing countries where small-scale farmers rely on cocoa production as a direct source of income;

    (d) Recognizing that close international cooperation on cocoa matters and continuing dialogue between all stakeholders in the cocoa value chain may contribute to the sustainable development of the world cocoa economy;

    (e) Recognizing the importance of strategic partnerships between exporting and importing Members to ensure the achievement of a sustainable cocoa economy;

    (f) Recognizing the need to ensure the transparency of the international cocoa market, for the benefit of both producers and consumers;

    (g) Recognizing the contribution of the previous International Cocoa Agreements of 1972, 1975, 1980, 1986, 1993, and 2001 to the development of the world cocoa economy;

    Hereby agree the following;

    * Adopted on 25 June 2010 by the United Nations Cocoa Conference held in Geneva under the auspices of the United Nations Conference for Trade and Development

    Chapter I Objectives Article 1. Objectives

    With a view to strengthening the global cocoa sector, supporting its sustainable development and increasing the benefits to all stakeholders, the objectives of the Seventh International Cocoa Agreement are:

    (

  10. To promote international cooperation in the world cocoa economy;

    (b) To provide an appropriate framework for discussion on all cocoa matters among governments, and with the private sector;

    (c) To contribute to the strengthening of the national cocoa economies of Member countries, through the preparation, development and evaluation of appropriate projects to be submitted to the relevant institutions for financing and implementation and seeking finance for projects that benefit Members and the world cocoa economy;

    (d) To strive towards obtaining fair prices leading to equitable economic returns to both producers and consumers in the cocoa value chain, and to contribute to a balanced development of the world cocoa economy in the interest of all Members;

    (e) To promote a sustainable cocoa economy in economic, social and environmental terms;

    (f) To encourage research and the implementation of its findings through the promotion of training and information programmes leading to the transfer to Members of technologies suitable for cocoa;

    (g) To promote transparency in the world cocoa economy, and in particular in the cocoa trade, through the collection, analysis and dissemination of relevant statistics and the undertaking of appropriate studies, as well as to promote the elimination of trade barriers;

    (h) To promote and to encourage consumption of chocolate and cocoa-based products in order to increase demand for cocoa, inter alia through the promotion of the positive attributes of cocoa, including health benefits, in close cooperation with the private sector;

    (i) To encourage Members to promote cocoa quality and to develop appropriate food safety procedures in the cocoa sector;

    (j) To encourage Members to develop and implement strategies to enhance the capacity of local communities and small-scale farmers to benefit from cocoa production and thereby contribute to poverty alleviation;

    (k) To facilitate the availability of information on financial tools and services that can assist cocoa producers, including access to credit and approaches to managing risk

    Chapter II Definitions Article 2. Definitions

    For the purposes of this Agreement:

    1 Cocoa means cocoa beans and cocoa products;

    2 Fine or flavour cocoa is cocoa recognized for its unique flavour and colour, and produced in countries designated in annex C of this Agreement;

    chapter Iv 333

    3 Cocoa products means products made exclusively from cocoa beans, such as cocoa paste/liquor, cocoa butter, unsweetened cocoa powder, cocoa cake and cocoa nibs;

    4 Chocolate and chocolate products are products made from cocoa beans which comply with the Codex Alimentarius standard for chocolate and chocolate products;

    5 Stocks of cocoa beans means all dry cocoa beans that can be identified as at the last day of the cocoa year (30 September), irrespective of location, ownership or intended use;

    6 Cocoa year means the period of 12 months from 1 October to 30 September inclusive;

    7 Organization means the International Cocoa Organization referred to in article 3;

    8 Council means the International Cocoa Council referred to in article 6;

    9 Contracting Party...

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