Chapter VI. Selected legal opinions of the Secretariat 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
1973
Part Two. Legal activities of the United Nations and related intergovernmental
organizations
Copyright (c) United Nations
CONTENTS
(continued}
Page
24.
Judgement
No. 221 (22
October
1973): Ozorio
v.
World Health Organization
Complaint
against
a
decision, agreed
to by the
complainant subject
to
certain
reservations,
to
extend
an
appointment—The
Tribunal
has no
power
to
adjudicate
upon claims
and
arguments
that
lead
to a final
decision unless
they
form
part
of
that
decision—Participation
of the
administration
in the
expenses incident
to an
appeal
128
25.
Judgement
No. 222 (22
October
1973): Smith
v.
World Health Organization
Complaint
by a
staff
member who, after being granted
a
disability pension
by
the
Organization,
was
awarded
an
annual disability
benefit
by the
United
Nations
Joint
Staff
Pension
Fund—Principle
that there should
be no
double indemnity
129
26.
Judgement
No. 223 (22
October
1973):
Gausi
v.
International Centre
for
Advanced
Technical
and
Vocational Training (International Labour Organisa-
tion)
Complaint seeking
the
quashing
of a
decision
not to
renew
a fixed-term
appointment—Discretionary
power
of the
administration
to
retain
in
service
a
staff
member
who has
reached retirement
age—Quashing
of a
decision
of
non-renewal whose sole purpose
is to
remove
a
staff
member
in
consequence
of
certain irregularities that have come
to
light
in his
service
without
any
disciplinary proceedings having been undertaken
130
27.
Judgement
No. 224 (22
October 1973): Gausi
v.
International Centre
for
Advanced Technical
and
Vocational Training (International Labour
Organisa-
tion)
131
CHAPTER
VI.
SELECTED
LEGAL
OPINIONS
OF THE
SECRETARIAT
OF THE
UNITED NATIONS
AND
RELATED
INTERGOVERNMENTAL
ORGANIZATIONS
A.
LEGAL
OPINIONS
OF THE
SECRETARIAT
OF THE
UNITED
NATIONS
132
1.
National legislation providing
for the
levying
of
certain
air
travel
taxes—The
United
Nations should
be
exempt from such taxes under section
7 (a) of the
Convention
on the
Privileges
and
Immunities
of the
United Nations
132
2.
Protection
of the
United Nations
flag and
emblem—General
Assembly
resolu-
tions
92 (I) and 167
(II)
and
article
6 ter
of
the
Convention
for the
protection
of
industrial
property—Emblems
protected under other international agreements
136
3.
Question whether non-United Nations bodies established
or
maintained with
the
participation
of the
Organization
may use the
United Nations emblem
on
their
Stationery—Question
of the use of
United Nations decals
on
equipment
138
4.
Conditions under which researchers appointed
by the
United Nations under
special service agreements
may
publish
the
results
of
their
work—Publication
rights
of the
United Nations
139
5.
Powers
of
representatives
to the
General
Assembly—Practice
of the
Creden-
tials
Committee—Decisions
taken
by the
Assembly
in
certain
specific
cases
in
the
light
of the
report
of the
Committee
139
Priority
of
draft resolutions before
the
General
Assembly—A
draft resolution
submitted
at one
session
will
not
normally
be
before
a
subsequent session
unless inter alia there
is an
express desire
on the
part
of the
sponsors
to
maintain
it—Where
an
agenda item
has
various subitems
the
relevant
résolu-
CONTENTS
(continued}
Page
tions
are
voted
on in the
order
of
submission regardless
of the
subitem
to
which
they
relate—A
draft
resolution
retains
its
status
even
if it is
revised
141
7.
Officers
of
subsidiary organs
of the
General
Assembly—Under
the
rules
of
I
procedure
of the
Assembly, such
officers
are
elected
as
individual
représenta-
/
lives
144
^
8.
United Nations resolutions restricting relations
and
collaboration with South
Africa
until
the
latter
has
renounced
its
policies
of
racial discrimination
and
apartheid
145
9.
United Nations policy
of
sanctions
in
relation
to
Rhodesian
commerce—
Comments
on
whether
the
authorities
of a
State
could legally exercise
some
control
or
exert some
influence
on
commercial companies registered
in
that
State
148
10.
Amendment
to
Article
61 of the
Charter increasing
the
membership
of the
Economic
and
Social Council from twenty-seven
to fifty-four
members—
Question whether, during
the
period between
the
entry into force
of the
amendment
and the
time when
the
General Assembly elects
the new
members,
the
Council should meet
in its old
composition
or
whether interim arrange-
ments should
be
made
to
permit
it to
convene with
fifty-four
members
149
11.
Question
of the
relationship between
the
terms
of
office
of the
officers
of the
Economic
and
Social Council
and the
terms
of
office
of the
States members
of
the
Council
of
which
the
officers
are
representatives
151
12.
Question whether
a
Member
State
which
is
member
of the
Economic
and
Social
Council
may
include
in its
delegation
to the
Council
an
official
from
another
Member
State
not
member
of the
Council—Question
whether such
an
official
could make
a
statement
in the
Council
on
behalf
of his own
country
156
13.
Question
of the
establishment
of a
sub-commission
of the
Commission
on
Narcotic
Drugs—Requirement
of an
authorization
by the
Economic
and
Social
Council—Method
of
reporting
and
composition
of the
proposed sub-
commission
157
14.
Constitutional
and
administrative questions raised
by a
resolution
of the
Conference
of
Ministers
of the
Economic Commission
for
Africa, inviting
the
Executive
Secretary
of the
Commission
to
present
before
the
Executive
Committee
of the
Conference reports relating
to
staff
conditions
159
15.
Question
of the
participation
in the
World Population Conference, 1974
of
non-governmental organizations
and
inter-governmental organizations
not
within
the
United
Nations
system—Date
of
issuance
and
contents
of the
letters
of
invitation
161
16.
Allegations relating
to
massacres
in a
Non-Self-Governing
Territory—Power
of
the
Secretary-General under
the
Charter
to
investigate
such allegations
subject
to the
consent
of the
Government
concerned—Discretion
he may
exercise
in
that
respect—The
Special Committee
on the
Situation
with
regard
to the
Implementation
of the
Declaration
on the
Granting
of
Independence
to
Colonial
Countries
and
Peoples
is
competent
to
examine
the
allegations
in
question
under
the
general mandate
given
to it by the
General Assembly
...
162
17.
Environment Fund established
by
General Assembly resolution 2997
(XXVII)—Question
of the
application
to the
Fund
of the
United Nations
Financial Regulations
and
Rules
163
xi
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