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

Extract from:

UNITED NATIONS JURIDICAL YEARBOOK

2009

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

viii UNITED NATIONS JURIDICAL YEARBOOK 2009

(f) Joint Convention on the Safety of Spent Fuel Management and on

the Safety of Radioactive Waste Management 258

(g) Code of Conduct on the Safety and Security of Radioactive Sources 258 (h) Safeguards agreement 259 7 United Nations Industrial Development Organization

(a) Agreements and other arrangements concluded in 2009 with States 260 (b) Agreements and other arrangements concluded in 2009 with the

United Nations, its programmes and offices, and the specialized agencies 266 (c) Other intergovernmental organizations 268 (d) Other entities 269 8 World Intellectual Property Organization

(a) Introduction 272 (b) Cooperation with Member States for Development Activities 272 (c) Norm-setting activities 273 (d) International registration activities 274 (e) Intellectual Property and Global Issues 276 9 World Trade Organization

(a) Membership 278 (b) Dispute settlement 279 (c) Waivers under article XI of the WTO Agreement 280 10 Organization for the Prohibition of Chemical Weapons

(a) Membership 281 (b) Legal Status, Privileges and Immunities and International Agreements 281 (c) OPCW Legislative Assistance Activities 282

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 285

B Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations

1 International Civil Aviation Organization

(a) Convention on Compensation for Damage to Third Parties, Resulting

from Acts of Unlawful Interference Involving Aircraft Montréal,

2 May 2009 285

(b) Convention on Compensation for Damage Caused by Aircraft to Third

Parties Montréal, 2 May 2009 305

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contents ix

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2 Food and Agriculture Organization

Agreement on Port State Measures to Prevent, Deter, and Eliminate Illegal,

Unreported and Unregulated Fishing Rome, 22 November 2009 314

Chapter V decisions of the administrative tribunals of

the United Nations and related intergovernmental organizations

A Decisions of the United Nations Administrative Tribunal

1. Judgment No. 1476 (25 November 2009): Acevedo et al v The Secretary‑General of the United Nations

   Suspension of granting of permanent appointments—Conversion of contractual status for staff on fixed-term appointments to permanent appointments—Staff shall be appointed by the Secretary-General under regulations established by the General Assembly—Considerable latitude of discretion enjoyed by the Secretary-General

   in matters of appointment, promotion and conversions 332

2. Judgement No. 1490 (25 November 2009): Toh v. The Secretary‑General

   of the United Nations

   Failure by staff member to disclose financial information and to cooperate with investigation—Imposition of disciplinary measures constitutes a special exercise of quasi-judicial power by Secretary-General—Analysis by Tribunal of proper use of discretion by Secretary-General—Failure to disclose financial information and

   to cooperate with investigation constituting misconduct—Proportionality of Sanctions imposed—Allegations of discrimination and harassment to be addressed in an independent cause for redress 333

   3 Judgement No. 1495 (25 November 2009): Annan v United Nations Joint

   Staff Pension Board

   Payment of pension benefits to former staff member elected as Secretary-General—Suspension of pension benefits during term of

   office as Secretary-General—Ambiguous meaning of the word “suspension” in this context—Principle that, in complex matters relating to pensions, the Administration must be especially careful and transparent—When possible or reasonable, it is assumed

   that the Pension Fund makes assumptions and decisions that are favourable to staff members—In view of ambiguity, interpretation

   must be made as having a lesser rather than a greater adverse affect

   on Applicant 335

   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

      [No treaty concerning international law was concluded under the auspices of the United Nations in 2009 ]

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

1. international Civil Aviation Organization

   (a) Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference

   Involving Aircraft Montréal, 2 May 2009*

   The States Parties to this Convention,

   Recognizing the serious consequences of acts of unlawful interference with aircraft which cause damage to third parties and to property;

   Recognizing that there are currently no harmonized rules relating to such consequences;

   Recognizing the importance of ensuring protection of the interests of third-party victims and the need for equitable compensation, as well as the need to protect the aviation industry from the consequences of damage caused by unlawful interference with aircraft;

   Considering the need for a coordinated and concerted approach to providing compensation to third-party victims, based on cooperation between all affected parties;

   Reaffirming the desirability of the orderly development of international air transport operations and the smooth flow of passengers, baggage and cargo in accordance with the principles and objectives of the Convention on International Civil Aviation, done at Chicago on 7 December 1944; and

   * Adopted at the International Conference on Air Law held under the auspices of the International Civil Aviation Organization in Montréal from 20 April to 2 May 2009

   286 UNITED NATIONS JURIDICAL YEARBOOK 2009

   Convinced that collective State action for harmonization and codification of certain rules governing compensation for the consequences of an event of unlawful interference with aircraft in flight through a new Convention is the most desirable and effective means of achieving an equitable balance of interests;

   Have agreed as follows:

   Chapter I Principles

   Article 1. Definitions

   For the purposes of this Convention:

   (a) an “act of unlawful interference” means an act which is defined as an offence in the Convention for the Suppression of Unlawful Seizure of Aircraft, Signed at The Hague on 16 December 1970, or the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, Signed at Montréal on 23 September 1971, and any amendment in force at the time of the event;

   (b) an “event” occurs when damage results from an act of unlawful interference involving an aircraft in flight;

   (c) an aircraft is considered to be “in flight” at any time from the moment when all its external doors are closed following embarkation or loading until the moment when any such door is opened for disembarkation or unloading;

   (d) “international flight” means any flight whose place of departure and whose intended destination are situated within the territories of two States, whether or not there is a break in the flight, or within the territory of one State if there is an intended stopping place in the territory of another State;

   (e) “maximum mass” means the maximum certificated take-off mass of the aircraft, excluding the effect of lifting gas when used;

   (f) “operator” means the person who makes use of the aircraft, provided that if control of the navigation of the aircraft is retained by the person from whom the right to make use of the aircraft is derived, whether directly or indirectly, that person shall be considered the operator A person shall be considered to be making use of an aircraft when he or she is using it personally or when his or her servants or agents are using the aircraft in the course of their employment, whether or not within the scope of their authority The operator shall not lose its status as operator by virtue of the fact that another person commits an act of unlawful interference;

   (g) “person” means any natural or legal person, including a State;

   (h) “senior management” means members of an operator’s supervisory board, members of its board of directors, or other senior officers of the operator who have the authority to make and have significant roles in making binding decisions about how the whole of or a substantial part of the operator’s activities are to be managed or organized;

   (i) “State Party” means a State for which this Convention is in force; and

   (j) “third party” means a person other than the operator, passenger or consignor or consignee of cargo

   chapter Iv 287

   Article 2. Scope

   1 This Convention applies to damage to third parties which occurs in the territory of a State Party caused by an aircraft in flight on an international flight, as a result of an act of unlawful interference This Convention shall also apply to such damage that occurs in a State non-Party as provided for in Article 28

   2 If a State Party so declares to the Depositary, this Convention shall also apply to damage to third parties that occurs in the territory of that State Party which is caused by an aircraft in flight other than on an international flight, as a result of an act of unlawful interference

   3 For the purposes of this Convention:

   (a) damage to a ship in or an aircraft above the High Seas or the Exclusive Economic Zone shall be regarded as damage occurring in the territory of the State in which it is registered; however, if the operator of the aircraft has its principal place of business in the territory of a State other than the State of Registry, the damage to...