Chapter VI. Selected legal opinions of the secretariats of the United Nations and related intergovernmental organizations
UNITED NATIONS
JURIDICAL YEARBOOK
Extract from:
Chapter VI. Selected legal opinions of the Secretariats of the United Nations and related
intergovernmental organizations
1981
Part Two. Legal activities of the United Nations and related intergovernmental
organizations
Copyright (c) United Nations
CONTENTS
(continued)
Page
4.
Decision
No. 4 (5
June
1981):
Jacqueline Smith Scott
v.
International Bank
for
Reconstruction
and
Development
Article XVII
of the
Statute
of the
Tribunal
—
Conditions
for filing of
applications
under
the
said article
—
Non-receivability
of
tardy applications
and of
those
pertaining
to
causes
of
action anterior
to 1
January
1979
139
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.
Credentials arrangements
for an
emergency special session
—
Extent
to
which
the
arrangements made
for the
preceding regular session
may be
retained
142
2.
Question whether
a
reduction,
due to
financial
stringency,
of the
services
of the
United
Nations Relief
and
Works Agency
for
Palestine Refugees
in the
Near East
(UNRWA)
would require prior consideration
by the
General Assembly
142
3.
Treaties
concluded
by
South
Africa
which "explicitly
or
implicitly
include
Na-
mibia"
under
the
terms
of
paragraph
9(i)
of
General Assembly resolution
3031
(XXVII)
—
Scope
of
applicability
of the
principle that treaties
of
this type
con-
cluded subsequent
to the
termination
of
South Africa's mandate have
no
legal
application
to
Namibia
143
4.
Provisions
of the
Statute
of the
International Court
of
Justice concerning
the filling
of
casual vacancies
on the
Court
—
Question whether, notwithstanding those
pro-
visions,
a
special
election
for the filling of a
casual vacancy could
be
dispensed
with
in
case
regular elections
are
scheduled
to be
held
within
a
brief period
from
the
earliest
possible
date
at
which
the
special election could take place
145
5.
Filling
of a
casual vacancy
on the
International Court
of
Justice
—
Requirement
under
the
Statute
of the
Court that elections
be
held concurrently
in the
Security
Council
and in the
General Assembly
—
Alternatives open
to the
Security Council
in
fixing the
date
of the
election
148
6.
Question whether there would
be any
legal impediment
to the
adoption
of a
declaration
by a
United Nations body other than
the
General Assembly
or a
special
conference
—
Status
of
declarations
and
recommendations
in
United
Nations
practice
149
7.
Question whether
a
formal agreement
of
co-operation
can be
concluded between
the
United Nations Secretariat
and an
intergovernmental organization
in the
absence
of an
express
authorization
of the
General Assembly
to
that
effect
149
8.
Articles
20 and 4 of the
Vienna Convention
on the Law of
Treaties
—
Practice
of the
Secretary-General
as
depositary
of
multilateral
treaties when making
noti-
fication of the
entry into force
of a
treaty
to
which reservations have been
made
149
9.
International
Cocoa
Agreement,
1980
—
Provision under which
the
Agreement
may
be put in
force
"in
whole
or in
part"
—
Legal
meaning
and
intent
of
this
phrase
—
Limits
to the
freedom
of
action
of
Governments
in
deciding
to put the
Agreement
in
force partially
151
10.
Convention
on the
Prevention
and
Punishment
of the
Crime
of
Genocide
—
Sub-
mission
by a
State Party
of an
instrument withdrawing reservations made
at the
CONTENTS
(continued]
Page
time
of
ratification
and
formulating
new
reservations
—
Practice
of the
Secretary-
General
as
depositary
of
multilateral treaties
with
respect
to
reservations
152
11.
Convention
sur la
prévention
et la
répression
des
infractions
contre
les
personnes
jouissant d'une protection internationale,
y
compris
les
agents diplomatiques
—
Question
de
savoir
si les
communications
que les
Etats parties sont tenus
d'adresser
au
Secrétaire
général
en
vertu
de
l'Article
11
concernant
le
résultat
de
procédures
pénales entrent dans
le
cadre
des
fonctions dépositaires
153
12.
Imposition
by a
Member State
of
clearance procedures regarding United Nations
materials
—
Immunity
of the
United Nations
from
censorship
154
13.
Rules governing
the use and
display
of
distinctive emblems
by
United Nations
organs
—
Practice
of the
United Nations Children's Fund (UNICEF)
in
this
regard
154
14.
Bidding
for a
United Nations construction project
in the
territory
of a
Member
State
—
Position
to be
taken
by the
Organization
in
respect
of
companies whose
practice
is to
bring their work force
from
their home country
155
15.
Invitation
to bid
issued
by a
United Nations organ
—
Demand
for
arbitration
submitted
by a
corporation whose offers were
not
accepted
—
Failing written
acceptance
of the
bid, there
is no
contract
and
therefore
no
agreement
to
arbitrate
and
no
basis
for a
demand
for
arbitration
156
16.
United Nations Peace-Keeping
Force
in
Cyprus
—
Liability insurance
for
contin-
gent-owned vehicles
158
17.
Charge levied
by a
Member State
in
connection
with
certain transactions
by
United
Nations
offices
and
staff
—
Applicable treaty provisions
—
Exemption
of the
United
Nations
from
all
direct taxes under decision
7 (a) of the
Convention
on the
Privileges
and
Immunities
of the
United Nations
—
Meaning
of the
term
"public
utility"
as
contained
in
that section
—
Question whether
the
imposition
by a
Member State
of a
special
tax on the
transactions
of
United Nations
officials
is
consonant with
relevant international instruments
159
18.
Privileges
and
immunities
of
officials
of the
United Nations
and the
specialized
agencies
—
Concept
of
functional
immunity
—
Right
of the
Secretary-General
under
the
international instruments
in
force
to
independently determine,
in
case
a
staff
member
is
being subjected
to
legal
process,
whether
an
official
act is in-
volved—
Meaning
of the
term
"officer"
in the
Conventions
on the
Privileges
and
Immunities
of the
United Nations
and of the
Specialized Agencies
161
19.
Legal provisions governing
the
question
of
importation
of
household effects
and
automobiles
of
United Nations
officials
assigned
to a
regional economic commis-
sion—Question
whether
field
service officers
are
officials
within
the
meaning
of
the
Convention
on the
Privileges
and
Immunities
of the
United Nations
and of the
relevant
Headquarters Agreement
—
Meaning
of the
term "furniture
and
effects"
under
the
above-mentioned instruments
162
20.
Question whether
the
establishment
of a
reporting
link
between
the
secretariat
of
the
International
Narcotics
Control
Board
and the
Secretariat
of the
United Nations
on
substantive matters would
be in
conformity with
the
character
and
status
of the
INCB
secretariat
164
21.
"Gross
negligence"
on the
part
of a
staff
member,
resulting
in
damage
to
United
Nations property
—
Criteria
to be
applied
in
determining whether
gross
negligence
is
involved
165
22.
Question whether United Nations officers should
be
charged
for
damage
to
vehicles
arising
out of
ordinary negligence
167
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