Chapter V. Decisions of administrative tribunals of the United Nations and related inter-governmental bodies

UNITED NATIONS

JURIDICAL YEARBOOK

Extract from:

Chapter V. Decisions of administrative tribunals of the United Nations and related

intergovernmental organizations

1970

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

organizations

Copyright (c) United Nations

CONTENTS

(continued)

Page

2.

International Telecommunication

Union

Resolution

No. 676

adopted

at its

twenty-fifth

session

by the

Administrative

Council

119

CHAPTER

IV.

TREATIES

CONCERNING INTERNATIONAL

LAW

CONCLUD

;D

UNDER

THE

AUSPICES

OF THE

UNITED

NATIONS

AND

RELATED

INTERGOVERNM

ÎNTAL

ORGANI-

ZATIONS

A.

TREATIES CONCERNING INTERNATIONAL

LAW

CONCLUDED

UNDEB

THE

AUSPICES

OF

THE

UNITED

NATIONS

Treaty

on the

Prohibition

of the

Emplacement

of

Nuclear

Weaf

ons and

Other

Weapons

of

Mass Destruction

on the

Sea-Bed

and the Oc

can

Floor

and

in the

Subsoil Thereof

121

TJ.

TREATIES CONCERNING INTERNATIONAL

LAW

CONCLUDED UNDEP

THE

AUSPICES

OF

INTERGOVERNMENTAL ORGANIZATIONS RELATED

TO THE

UNITED

NATIONS

1.

United

Nations Educational,

Scientific

and

Cultural

Organization

Convention

on the

means

of

prohibiting

and

preventing

the

illicit

import,

export

and

transfer

of

ownership

of

cultural

property,

t

Adopted

by the

General Conference

at the

sixteenth session, Paris,

14 Is

ovember

1970

124

2.

International Civil Aviation Organization

Convention

for the

Suppression

of

Unlawful

Seizure

of

Aircr,

ift.

Signed

at

The

Hague

on 16

December 1970

131

3.

International Atomic

Energy

Agency

Amendment

of

Article

VI of the

Statute

:

Resolution adop

ed

during

the

142nd

plenary meeting

on 28

September

1970

135

CHAPTER

V.

DECISIONS

OF

ADMINISTRATIVE TRIBUNALS

OF THE

UMTED

NATIONS

AND

RELATED INTERGOVERNMENTAL ORGANIZATIONS

A.

DECISIONS

OF THE

ADMINISTRATIVE TRIBUNAL

OF THE

UNITED

NATIONS

1.

Judgement

No. 135 (26

October

1970):

Touhami

v.

Secretary-General

of

the

United Nations

A fixed-term

appointment does

not

carry

any

expectancy

of

renewal

or of

conversion

to any

other type

of

appointment—Obligation

to

provide

every

staff

member with

a

letter

of

appointment

defining

the

terms

and

conditions

of his

appointment

137

2.

Judgement

No. 136 (29

October

1970):

Detiere

v.

Secretary-

Ueneral

of the

Civil

Aviation Organization

ix

CONTENTS

(continued)

Page

Obligation,

when transferring

a

staff

member,

to

ascertain that

the

positions

are

comparable

and to

have

due

regard

to the

personal interest

of the

staff

member

concerned—The

fact

that

the two

positions

are of the

same

grade

is not

sufficient

to

ensure

fulfilment

of the

comparability require-

ment

139

3.

Judgement

No. 137 (30

October 1970): Khederian

v.

Secretary-General

of

the

United Nations

Requirements

that must

be met if the

Tribunal

is to

revise

a

judgement

according

to its

Statute—A

request

for

interpretation

of a

judgement

shall

be

receivable only

if its

object

is to

obtain

clarification

of the

mean-

ing

and

scope

of

what

the

Tribunal decided with binding force

....

140

4.

Judgement

No. 138 (30

October 1970): Peynado

v.

Secretary-General

of

the

United Nations

Request

for the

rescission

of a

decision

to

terminate

a

probationary appoint-

ment—Such

a

decision

is

within

the

Tribunal's

power,

to the

extent

that

it is

vitiated

by an

error

in

fact

or in

law—Obligation

of the

admin-

istration

to

conduct

an

investigation when

a

staff

member rebuts allega-

tions

contained

in his

periodic report

141

B.

DECISIONS

OF THE

ADMINISTRATIVE TRIBUNAL

OF THE

INTERNATIONAL LABOUR

ORGANISATION

1.

Judgement

No. 144 (26 May

1970):

Tarrab

v.

International Labour Organisa-

tion

143

2.

Judgement

No. 145 (26 May

1970):

Dhawan

v.

World Health Organization

A

note written

in the

margin

of a

routing slip

does

not

constitute

a

decision

which

may be

appealed against before

the

Tribunal

144

3.

Judgement

No. 146 (26 May

1970): McMullan

v.

United Nations Educa-

tional,

Scientific

and

Cultural Organization

Unless authorized

to do so by the

respondent organization,

the

Tribunal

may

not

hear

a

complaint until

the

internal

appeal

procedure

has

been

exhausted

144

4.

Judgement

No. 147 (26 May

1970):

Schuster

v.

World Meteorological Organ-

ization

Non-receivability

of a

complaint

filed

directly with

the

Tribunal

in

violation

of

the

rule that

the

internal appeal procedure must

first be

exhausted—

Concept

of

"exceptional circumstance"

justifying

the

waiver

of

rules

concerning

the

time-limit

for

appealing

to

internal appeals bodies

...

145

5.

Judgement

No. 148 (26 May

1970):

Godinache

v.

Food

and

Agriculture

Organization

of the

United Nations

Complaint seeking

a

compensation

annuity

for

total

incapacity

for

work—

Concept

of

"total incapacity

for

work"—Even

if the

incapacity

for

work

attributable

to the

performance

of

official

duties

is

only partial,

the

person concerned

may

nevertheless

be

entitled

to

claim

a

compensation

annuity

for

total incapacity

for

work

146