Chapter II. Treaty provisions concerning the legal status of the United Nations and related intergovernmental organizations

TREATY PROVISIONS CONCERNING THE LEGAL STATUS OF

THE UNITED NATIONS AND RELATED INTERGOVERN-MENTAL ORGANIZATIONS

A. Treaty provisions concerning the legal status of the United Nations

  1. CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS.1 APPROVED BY THE GENERAL ASSEMBLY OF THE UNITED NATIONS ON 13 FEBRUARY 1946

    The following States acceded to the Convention in 1998:2

    State

    Date of receipt of instrument of accession

    Kazakhstan . . . . . . . . . . . . . . 26 August 1998

    Portugal . . . . . . . . . . . . . . . . . 14 October 1998

    Venezuela . . . . . . . . . . . . . . . . 21 December 1998

    As at 31 December 1998, there were 140 States parties to the Convention.3

  2. AGREEMENTS RELATING TO INSTALLATIONS AND MEETINGS

    (

    1. Exchange of letters constituting an agreement between the United

      Nations and the Government of Nepal concerning the tenth United Nations Meeting on Peace and Disarmament in the Asia-Pacific Region, entitled “The 10th Anniversary of the Kathmandu Process”, to be held in Kathmandu from 22 to 24 February 1981.4 New York, 26 and 28 January 1998.

      I

      LETTER FROM THE UNITED NATIONS

      26 January 1998

      Dear Mr. Ambassador,

      As you are aware, the United Nations Department for Disarmament Affairs, through its Regional Centre for Peace and Disarmament in Asia and the Pacific

      located in Kathmandu, is organizing the tenth United Nations Meeting on Peace and Disarmament in the Asia-Pacific Region, entitled “The 10th Anniversary of the Kathmandu Process”. The meeting will take place from 22 to 24 February 1998 in Kathmandu.

      Some 40 participants have been invited to the Meeting, most of whom are from the Asia-Pacific region. Five staff members of the Department for Disarmament Affairs will attend.

      I would like to propose that the following terms apply to the Meeting:

      (

    2. The Convention on the Privileges and Immunities of the United Nations shall be applicable in respect of the Meeting. The participants invited under the United Nations shall enjoy the privileges and immunities accorded to experts on mission for the United Nations by article VI of the Convention. Officials of the United Nations participating in or performing functions in connection with the Meeting shall enjoy the privileges and immunities provided under articles V and VII of the Convention;

      (b) Without prejudice to the provision of the Convention on the Privileges and Immunities of the United Nations, all participants and persons performing functions in connection with the Meeting shall enjoy such privileges and immunities, facilities and courtesies as are necessary for the independent exercise of their functions in connection with the Meeting;

      (c) Personnel provided by the Government, if any, shall enjoy immunity from legal process in respect of words spoken or written and any act performed by them in their official capacity in connection with the Meeting;

      (d) All participants and all persons performing functions in connection with the Meeting shall have the right of unimpeded entry into and exit from Nepal. Visas and entry permits, where required, shall be granted as speedily as possible and free of charge;

      (e) It is further understood that your Government will be responsible for dealing with any action, claim or other demand against the United Nations arising out of:

      (i) injury to persons, or damage to or loss of property in the premises provided for the Meeting; (ii) the employment for the Meeting of personnel provided or arranged by your Government. Your Government shall hold the United Nations and its personnel harmless in respect of any such action, claim or other demand;

      (f) Any dispute concerning the interpretation or implementation of this Agreement, except for a dispute subject to the appropriate provisions of the Convention on the Privileges and Immunities of the United Nations or of any other applicable agreement, shall, unless the Parties otherwise agree, be submitted to a tribunal of three arbitrators, one of whom shall be appointed by the Secretary-General of the United Nations, one by the Government, and the third, who shall be the chairman, by the other two arbitrators. If either Party does not appoint an arbitrator within three months of the other Party having notified the name of its arbitrator or if the first two arbitrators do not within three months of the appointment or nomination of the second one of them appoint the chairman, then such arbitrator shall be nominated by the President of the International Court of Justice at the request of either party to the dispute. Except as otherwise agreed by the Parties, the tribunal shall adopt its own rules of procedure, provide for the reimbursement of its members and the distribution of expenses between the Parties and take all decisions by a two-thirds majority. Its decisions on all questions of procedure and substance shall be final and, even if rendered in default of one of the Parties, be binding on both of them.

      I further propose that upon receipt of your confirmation in writing of the above, this exchange of letters shall constitute an Agreement between the United Nations and the Government of Nepal for the Meeting.

      (Signed) Jayantha DHANAPALA Under-Secretary-General for Disarmament Affairs

      II

      LETTER FROM THE PERMANENT REPRESENTATIVE OF NEPAL

      TO THE UNITED NATIONS

      28 January 1998

      Excellency,

      I have the honour to acknowledge the receipt of your letter dated 26 January 1998, which reads as follows:

      “As you are aware, the United Nations Department for Disarmament Affairs, through its Regional Centre for Peace and Disarmament in Asia and the Pacific located in Kathmandu, is organizing the tenth United Nations Meeting on Peace and Disarmament in the Asia-Pacific Region, entitled ‘The 10th Anniversary of the Kathmandu Process’. The meeting will take place from 22 to

      24 February 1998 in Kathmandu.

      “Some 40 participants have been invited to the Meeting, most of whom

      are from the Asia-Pacific region. Five staff members of the Department for Disarmament Affairs will attend.

      “I would like to propose that the following terms apply to the Meeting:”

      [See letter I]

      On behalf of His Majesty’s Government of Nepal, I have the honour to accept the proposal.

      (Signed) Narendra BIKRAM SHAH

      (b) Exchange of letters constituting an agreement between the United Nations and the Government of Norway concerning arrangements regarding the Meeting of the Parties to the Convention on Environmental Impact Assessment in a Transboundary Context, of the Economic Commission for Europe, to be held in Oslo from 18 to 20 May 1998.5

      Geneva, 4 February and 7 April 1998

      I

      LETTER FROM THE UNITED NATIONS

      4 February 1998

      Sir,

      I have the honour to give you below the text of arrangements between the United Nations and the Government of Norway (hereinafter referred to as “the Government”) in connection with the Meeting of the Parties to the Convention on

      Environmental Impact Assessment in a Transboundary Context, of the Economic Commission for Europe, to be held, at the invitation of the Government, in Oslo from 18 to 20 May 1998.

      “Arrangements between the United Nations and the Government of Norway regarding the Meeting of the Parties to the Convention on Environmental Impact Assessment in a Transboundary Context, of the Economic Commission for Europe, to be held in Oslo from 18 to 20 May 1998

      “1. Participants in the Meeting will be invited by the Executive Secretary of the United Nations Economic Commission for Europe in accordance with the rules of procedure of the Commission and its subsidiary organs.

      “2. In accordance with United Nations General Assembly resolution 47/202, Part A, paragraph 17, adopted by the General Assembly on 22 December 1992, the Government will assume responsibility for any supplementary expenses arising directly or indirectly from the Meeting, namely :

      (

    3. To supply to the United Nations staff members who are to be brought to Oslo air tickets, economy class, Geneva-Oslo-Geneva, to be used on the airlines that cover this itinerary;

      (b) To supply vouchers for air freight and excess baggage for documents and records; and

      (c) To pay to the staff members, on their arrival in Norway, according to United Nations rules and regulations, a subsistence allowance in local currency at the Organization’s official daily rate applicable at the time of the Meeting, together with terminal expenses up to 108 United States dollars per traveller, in convertible currency, provided that the traveller submits proof of having incurred such expenses.

      “3. The Government will provide for the Meeting adequate facilities, including personnel resources, space and office supplies as described in the attached annex.

      “4. The Government will be responsible for dealing with any action, claim or other demand against the United Nations arising out of (i) injury to person or damage to property in conference or office premises provided for the Meeting; (ii) the transportation provided by the Government; and (iii) the employment for the Meeting of personnel provided or arranged by the Government; and the Government shall hold the United Nations and its personnel harmless in respect of any such action, claim or other demand resulting from the performance of the services rendered under this Agreement, except where it is agreed by the Secretary-General of the United Nations and the Government that such claims arise from gross negligence or wilful misconduct of such persons.

      “5. The Convention of 13 February 1946 on the Privileges and Immunities of the United Nations, to which Norway is a party, shall be applicable to the Meeting, in particular:

      (

    4. The participants shall enjoy the privileges and immunities accorded to experts on mission for the United Nations by article VI of the Convention. Officials of the United Nations participating in or performing functions in connection with the Meeting shall enjoy the privileges and immunities provided under articles V and VII of the Convention;

      (b) Without prejudice to the provisions of...

To continue reading

Request your trial