Chapter VI. Selected legal opinions of the secretariats of the United Nations and related intergovernmental organizations

Extract from:

UNITED NATIONS JURIDICAL YEARBOOK

2006

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

. Selected legal opinions of the Secretariat of the United Nations and related intergovernmental organizations

Copyright (c) United Nations

contents

Challenge of the fund’s denial of requests to give eff ect to child support orders issued by a national court—Possibility to deduct support payments from pension payments made to the retired staff member—Tribunal’s jurisdiction ratione personae over non-staff members asserting rights under the Fund’s benefi t plans—Statute

of limitations of the Tribunal overcome by the exceptional circumstances of the case, as non-staff members could not be assumed

to have known recourse procedures of the Fund—Authorization

of child support payments arising outside marital relationship–No requirement that a support order include an express reference to

the Staff Retirement Plan of the Fund in order to authorize such payment from this Plan—Prospective-payment rule recognized

when the order expressly specifi es that past support obligations be

drawn from future pension payments—Question of the existence

of a bona fi de dispute on the validity and meaning of the court orders 436

Chapter VI. Selected Legal Opinions of the secretariats of the

United Nations and related intergovernmental organizations

  1. Legal opinions of the Secretariat of the United Nations

    1. Privileges and immunities

      (a) Note on the legal status of the United Nations in the United States

      of America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 441

      (b) Letter to the Department of Environmental Conservation (DEC)

      of the State of New York relating to the issue of payment by the

      United Nations of fees under the State Pollutant Discharge Elimination System (SPDES) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445

      (c) Interoffi ce memorandum to the Offi cer-in-Charge, United Nations

      Framework Convention on Climate Change (UNFCCC) Secretariat, regarding the privileges and immunities of individuals serving

      on constituted bodies established under the Kyoto Protocol to the UNFCCC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447

      (d) Note to the Assistant Secretary-General of the Department of

      Peacekeeping Operations on the question of searches of personal luggage of members of a United Nations Mission by customs offi cials of the Country of deployment of the Mission . . . . . . . . . . . . 449

      (e) Interoffi ce memorandum to the Deputy of the Under-Secretary-General for Safety and Security on the search of United Nations

      laptop computers by Host Country customs . . . . . . . . . . . . . . . . . . . 455

      (f) Note to the Assistant Secretary-General for Peacekeeping Operations regarding the letter from the President of the House of Representatives of [Country] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457

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      UNITED NATIONS JURIDICAL YEARBOOK 2006

    2. Procedural and institutional issues

      (a) Note relating to the powers and role of the Secretary-General as

      Chief Administrative Offi cer of the United Nations in the context

      of the proposal for the creation of a position of Chief Operating

      Offi cer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

      (b) Note relating to the powers and role of the Secretary-General . . . 462 (c) Interoffi ce memorandum to the Offi...

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