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
1972
Part Two. Legal activities of the United Nations and related intergovernmental
organizations
Copyright (c) United Nations
CONTENTS
(continued)
Page
9.
Judgement
No. 195 (13
November 1972): Chawla
v.
World
Health
Organization
Request
for the
quashing
of a
decision
not to
renew
a fixed-term
appointment
148
10.
Judgement
No. 196 (13
November 1972):
Tewfik
v.
United Nations Educa-
tional,
Scientific
and
Cultural Organization
Complaint seeking either reclassification
of a
post
to a
specific grade
or a
transfer
to a
post
at
that
grade—Irreceivability
of
claims submitted
for
the
first
time
by the
complainant
in his
rejoinder subsequent
to the
expiry
of the
prescribed
time-limit
for
appeals—The
rule concerning
exhaustion
of
internal
appeal
procedures—The
rule that when
an
appointment
is
made
it
must
be
assumed that
the
authority making
it
has had the
opportunity
of
choosing between
a
number
of
possible
candidates, except
in
cases
where
a
candidate
has
been deprived
of his
post
after
a
long period
of
service
149
11.
Judgement
No. 197 (13
November 1972):
Sternfield
v.
World Health
Organization
Termination
of an
appointment
at the end of the
probationary
period—
Authority
competent
to
prepare
periodic
reports
on a
staff
member—
Limits
of the
Tribunal's authority with regard
to
decisions
falling
within
the
discretion
of the
Director-General
151
CHAPTER
VI.
SELECTED LEGAL
OPINIONS
OF THE
SECRETARIATS
OF THE
UNITED NATIONS
AND
RELATED INTERGOVERNMENTAL ORGANIZATIONS
LEGAL OPINIONS
OF THE
SECRETARIAT
OF THE
UNITED
NATIONS
1.
Question
of the
possible accession
of
intergovernmental organizations
to
the
Geneva
Conventions
for the
protection
of war
victims
153
2.
Decision
of the
Secretary-General
to
withdraw
the
accreditation
of the
corres-
pondents
of the
"Central News Agency
of
China"—Accreditation
policy
of
the
United
Nations—By
deciding
in
resolution 2758 (XXVI)
to
"recognize
the
representatives
of the
People's
Republic
of
China
as the
only represen-
tatives
of
China
to the
United
Nations",
the
General Assembly
ipso
facto
decided
on
recognition
of a
Government
154
3.
Proposal that
the
United Nations join
with
a
Member State
in
sponsoring
the
award
to a
person
or an
institution
of a
prize
in the field of
human
environment—Question
whether there
are
legal objections
to
such
a
proposal
, 156
4.
Question whether
the
United Nations
may
claim exemption
from
"pro-
duction
dutries"
levied
on
gasoline
by a
Member State
158
5.
Facilities accorded
to
observers
at
United
Nations conferences
and
meetings
held
away
from
Headquarters
159
6.
Requirement under Article
18,
paragraph
2 of the
Charter that decisions
of
the
General Assembly
on
budgetary questions
be
made
by a
two-thirds
majority—Questions
which
may be
characterized
as
budgetary questions.
.
160
CONTENTS
(continued)
Page
7.
Convention
on
thé
Elimination
of
Racial
Discrimination—Question
whether
under
the
Convention
the
Committee
on the
Elimination
of
Racial Discri-
mination
may
solicit
or use
information
from
sources other than States
Parties
to the
Convention—Conditions
under which
a
co-operation
could
be
established between
the
Committee
and
ILO
and
UNESCO bodies dealing
with
discrimination
163
8.
Ad Hoc
Committee
on
Co-operation between
UNDPand
UNIDO—Participa-
tion
of
specialized
agencies—Question
whether Member States
not
members
of
the
Committee
may
participate
in its
work
168
9.
Question whether
a
State
not
member
of the
United Nations
may
address
the
Economic
and
Social Council
or
attend
a
session
of the
Council.
. . 170
10.
Voting
by
correspondence
in the
Commission
of
Narcotic
Drugs
under
Commission resolution
1
(XX)—Arrangements
which
the
Secretary-General
is
empowered
to
make under
the
resolution
171
11.
Procedure
to be
followed with
respect
to a
possible
application
for
associate
membership
in the
Economic Commission
for
Asia
and the Far
East
for
the
Trust Territory
of the
Pacific
Islands
172
12.
Participation
of a
State
not
member
of the
United Nations
as an
observer
in
the
Economic Commission
for
Asia
and the Far
East—Requirement
of a
specific
decision
of the
Economic
and
Social Council
to
that
effect.
...
173
13.
Question whether non-governmental organizations
not in
consultative
status with
the
Economic
and
Social Council
may be
invited
to
send observers
to the
second Asian Population Conference
174
14.
Request
of a
non-governmental organization
to
participate
with
observer
status
in the
United Nations
Cocoa
Conference—Question
whether
it is
within
the
competence
of the
Conference
to
take
action
on
such
a
request.
176
15.
United
Nations
Conference
on
Trade
and
Development—Various
courses
open
to the
Conference
to
achieve
the
enlargement
of the
Trade
and
Develop-
ment
Board
178
16.
Adoption
of an
instrument
or
instruments
to
give
effect
to the
amendments
approved
by the
United Nations Conference
to
Consider Amendments
to the
Single Convention
on
Narcotic Drugs,
1961—Form
of
such
an
instrument
or
instruments
180
17.
Extent
to
which
a
diplomatic conference
can
impose
on the
Secretary-
General
or
other organs
of the
United Nations duties
and
obligations
in
regard
to the
implementation
of any
instrument
the
conference could adopt.
186
18.
Adoption
by the
authorities
of a
Member State
of an Act
providing
for
various controls over
the
renewal
and
issue
of
passports—Extent
to
which
such
an Act
might hinder
the
Organization
in the
execution
of its
functions
and
place
certain
staff
members
or
candidates
to
secretariat posts
at a
disadvantage
188
19.
Privileges
and
immunities
of
locally recruited
staff
members
of the
United
Nations—Obligation
of
Member States under Article
105 of the
Charter
to
accord
all
staff
members whether
internationally
or
locally recruited such
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