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

Extract from:

UNITED NATIONS JURIDICAL YEARBOOK

2008

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 2008

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 Additional Protocol to the Convention on the Contract for the

International Carriage of Goods by Road (CMR) Concerning the Electronic Consignment Note Geneva, 20 February 2008 277 2 Convention on Cluster Munitions Dublin, 30 May 2008 282 3 Annex XVIII World Tourism Organization (WTO) to the Convention

on the Privileges and Immunities of the Specialized Agencies, 1947

Jeju, 30 July 2008 298 4 Optional Protocol to the International Covenant on Economic, Social

and Cultural Rights New York, 10 December 2008 299 5 United Nations Convention on Contracts for the International Carriage

of Goods Wholly or Partly by Sea New York, 11 December 2008 307 B Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations 343

Chapter V Decisions of administrative tribunals of the

United Nations and related Intergovernmental Organizations

A Decisions of the United Nations administrative tribunal

1. Judgement No. 1382 (9 May 2008): Applicant v The Secretary-General of the United Nations

   Receivability of appeal—Abolition of post—Expiration of contract—

   Agreement to not contest abolition of post—Claim for termination indemnity—Distinction to be made between substance of agreement and its application 345

2. Judgement No. 1387 (8 October 2008): Applicant v The Secretary-General

   of the United Nations

   Classification of post—Right of applicant to be given fair and full consideration in promotion exercise—Interventions by persons having a right which might be affected by the judgement to be given

   by the Tribunal—Broad discretion enjoyed by the Secretary-General in personnel matters—Organization should not conceal from

   staff members pertinent information concerning their future nor

   behave in such a manner as to render staff members entirely demoralised and disillusioned—Cumulative effect of the facts of the

   case reveal a lack of transparency which had demoralized the Applicant in a way amounting to harassment 347

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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 Additional Protocol to the Convention on the Contract for

      the International Carriage of Goods by Road (CMR) Concerning the

      Electronic Consignment Note Geneva, 20 February 2008*

      The Parties to this Protocol,

      Being Parties to the Convention on the Contract for the International Carriage of Goods by Road (CMR), done at Geneva on 19 May 1956,

      Desirous of supplementing the Convention in order to facilitate the optional making out of the consignment note by means of procedures used for the electronic recording and handling of data,

      Have agreed as follows:

      Article 1. Definitions

      For the purposes of this Protocol,

      “Convention” means the Convention on the Contract for the International Carriage of Goods by Road (CMR);

      “Electronic communication” means information generated, sent, received or stored by electronic, optical, digital or similar means with the result that the information communicated is accessible so as to be usable for subsequent reference;

      “Electronic consignment note” means a consignment note issued by electronic communication by the carrier, the sender or any other party interested in the performance of a contract of carriage to which the Convention applies, including particulars logically associated with the electronic communication by attachments or otherwise linked to the electronic communication contemporaneously with or subsequent to its issue, so as to become part of the electronic consignment note;

      “Electronic signature” means data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication

      * Adopted by the Inland Transport Committee of the Economic Commission for Europe at its 70th session held at Geneva from 19-21 February 2008

      Article 2. Scope and effect of the electronic consignment note

      1 Subject to the provisions of this Protocol, the consignment note referred to in the Convention, as well as any demand, declaration, instruction, request, reservation or other communication relating to the performance of a contract of carriage to which the Convention applies, may be made out by electronic communication

      2 An electronic consignment note that complies with the provisions of this Protocol shall be considered to be equivalent to the consignment note referred to in the Convention and shall therefore have the same evidentiary value and produce the same effects as that consignment note

      Article 3. Authentication of the electronic consignment note

      1 The electronic consignment note shall be authenticated by the parties to the contract of carriage by means of a reliable electronic signature that ensures its link with the electronic consignment note The reliability of an electronic signature method is presumed, unless otherwise proved, if the electronic signature:

      (a) is uniquely linked to the signatory;

      (b) is capable of identifying the signatory;

      (c) is created using means that the signatory can maintain under his sole control; and

      (d) is linked to the data to which it relates in such a manner that any subsequent change of the data is detectable

      2 The electronic consignment note may also be authenticated by any other electronic authentication method permitted by the law of the country in which the electronic consignment note has been made out

      3 The particulars contained in the electronic consignment note shall be accessible to any party entitled thereto

      Article 4. Conditions for the establishment of the electronic consignment note

      1 The electronic consignment note shall contain the same particulars as the consignment note referred to in the Convention

      2 The procedure used to issue the electronic consignment note shall ensure the integrity of the particulars contained therein from the time when it was first generated in its final form There is integrity when the particulars have remained complete and unaltered, apart from any addition or change which arises in the normal course of communication, storage and display

      3 The particulars contained in the electronic consignment note may be supplemented or amended in the cases authorized by the Convention

      The procedure used for supplementing or amending the electronic consignment note shall make it possible to detect as such any supplement or amendment to the electronic consignment note and shall preserve the particulars originally contained therein

      chapter IV 279

      Article 5. Implementation of the electronic consignment note

      1 The parties interested in the performance of the contract of carriage shall agree on the procedures and their implementation in order to comply with the requirements of this Protocol and the Convention, in particular as regards:

      (a) The method for the issuance and the delivery of the electronic consignment note to the entitled party;

      (b) An assurance that the electronic consignment note retains its integrity;

      (c) The manner in which the party entitled to the rights arising out of the electronic consignment note is able to demonstrate that entitlement;

      (d) The way in which confirmation is given that delivery to the consignee has been effected;

      (e) The procedures for supplementing or amending the electronic consignment note; and

      (f) The procedures for the possible replacement of the electronic consignment note by a consignment note issued by different means

      2 The procedures in paragraph 1 must be referred to in the electronic consignment note and shall be readily ascertainable

      Article 6. Documents supplementing the electronic consignment note

      1 The carrier shall hand over to the sender, at the latter’s request, a receipt for the goods and all information necessary for identifying the shipment and for access to the electronic consignment note to which this Protocol refers

      2 The documents referred to in Article 6, paragraph 2 (g) and Article 11 of the Convention may be furnished by the sender to the carrier in the form of an electronic communication if the documents exist in this form and if the parties have agreed to procedures enabling a link to be established between these documents and the electronic consignment note to which this Protocol refers in a manner that assures their integrity

      Final provisions

      Article 7. Signature, ratification, accession

      1 This Protocol shall be open for signature by States which are signatories to or Parties to the Convention and are either members of the Economic Commission for Europe or have been admitted to the Commission in a consultative capacity under paragraph 8 of the Commission’s terms of reference

      2 This Protocol shall be open for signature at Geneva from 27 to 30 May 2008 inclusive and after this date, at United Nations Headquarters in New York until 30 June 2009 inclusive

      3 This Protocol shall be subject to ratification by signatory States and open for accession by non-signatory States, referred to in paragraph 1 of this article, which are Parties to the Convention

      4 Such States as may participate in certain activities of the Economic Commission for Europe in accordance with paragraph 11 of the Commission’s terms of reference and

      which have acceded to the Convention may become Parties to this Protocol by acceding thereto after its entry into...