Chapter VI. Selected legal opinions of the secretariats 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

1991

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

organizations

Copyright (c) United Nations

CONTENTS

(continued)

Page

reorganization

cases

of

separation

because

of

redun-

dancy—Unsatisfactory

performance prior

to the

reor-

ganization

not

alone

a

basis

for

termination

on the

ground

of

redundancy—Question

of the

Applicant's

qualifications

for the

redefined

post

left

vacant

after

the

reorganization

270

2.

Decision

No. 105 (6

December

1991):

Singh

v.

International

Bank

for

Reconstruction

and

Development

Applicant's

request

for

rescission

of the

10-year

employ-

ment

ban

imposed

by the

Bank—No

sufficient

evi-

dence

to

support

the

Respondent's

finding

that

the

Applicant

acted

in bad

faith

and

made

wilful

misrepre-

sentations—Procedural

irregularities

on the

part

of the

Bank—The

Applicant

as a

consultant

has no

right

of

contractual employment

by the

Bank after

the

term

of

his

appointment

has

expired—Substantial

compensa-

tion

for the

Bank's

wrongful

action

not

justified

be-

cause

of the

Applicant's failure

to

inform

himself

about

the

fate

of his

divorce petition

271

CHAPTER

VI.

SELECTED

LEGAL OPINIONS

OF THE

SECRETARIATS

OF THE

UNITED

NATIONS

AND

RELATED INTERGOVERNMEN-

TAL

ORGANIZATIONS

A.

LEGAL OPINIONS

OF THE

SECRETARIAT

OF THE

UNITED

NATIONS (ISSUED

OR

PREPARED

BY THE

OFFICE

OF

LEGAL

AFFAIRS)

1.

Question whether

the

United Nations emblem

may be

used

on the

flag

of a

national

military

contingent

in

United

Nations peace-keeping operations

together

with

the em-

blem

and the

colours

of the

State

concerned—Relevant

provisions

of the

United Nations Flag

Code

and

Regula-

tions

to

implement

the

Flag

Code

276

2.

Question whether,

in the

light

of

General Assembly

reso-

lution

44/46

of 8

December

1989, activities related

to the

International

Space

Year

may be

financed through volun-

tary contributions from

sources

other

than

States—Use

of

the

United Nations name

and

emblem

in

soliciting

funds..

277

3.

Question

of the

legal protection

of the

emblem

and

flag

of

the

United Nations Children's Fund

280

4.

Request

to use the

United Nations emblem

on an

aircraft

chartered

by the

International Organization

for

Migration,

acting

as

executing agency

for the

United Nations Disas-

ter

Relief

Coordinator—Practice

of the

United Nations

regarding

the use of its

name

and

emblem

by

non-United

Nations entities

282

xiv

CONTENTS

(continued)

Page

5.

Rules governing

the

award

of

compensation

in the

case

of

death,

injury

or

illness

of

civilian police monitors

of the

United

Nations Transition Assistance

Group—Procedure

for

the

submission

and

review

of

claims

for

compensation

285

6.

Question whether

the

Governing Council

of the

United

Nations

Environment

Programme could delegate

its

decision-

making

and

approving

powers

to a

subsidiary organ

286

7.

Voluntary Fund

for

supporting developing countries parti-

cipating

in the

United Nations Conference

on

Environment

and

Development

and its

preparatory

process,

established

under General Assembly resolution

-44/228—Question

whether General Assembly resolutions

45/211

and

45/248

A

would

authorize

the

payment from that

fund

of

daily

subsistence allowance

to

representatives

of

developing

countries

not

belonging

to the

category

of

least developed

countries

287

8.

Restriction imposed

on the

General Assembly

by

Arti-

cle 12,

paragraph

1, of the

Charter

of the

United Nations

whereby "while

the

Security Council

is

exercising

in re-

spect

of any

dispute

or

situation

the

functions

assigned

to it

in

the

present Charter,

the

General Assembly shall

not

make

any

recommendation with

regard

to

that dispute

or

situation

unless

the

Security Council

so

requests"—Inter-

pretation

of

that restriction

in the

practice

of the

General

Assembly

289

9.

Question whether

a

voluntary abstention

by a

permanent

member

of the

Security Council affects

the

validity

of a

decision

of the

Council—Article

27 of the

Charter

of the

United

Nations—Relevant

pronouncement

of the

Interna-

tional

Court

of

Justice

in its

Advisory Opinion

on the

Legal

Consequences

for

States

of the

Continued

Presence

of

South Africa

in

Namibia (South West Africa)

of 21

June

1971

290

10.

Legislative framework

for the

administration

and

custody

of

the

United Nations Compensation Fund created

by

Security

Council resolution

687

(1991)

and

established

by

Council

resolution

692

(1991)—Authority

and

responsibili-

ties

of the

Secretary-General

for the

custody

of the

Com-

pensation Fund

291

11.

Status

of the

Special Commission established

by the

Secretary-General pursuant

to

paragraph

9

(b)

(i) of

Secu-

rity

Council

resolution

687

(1991)

295

12.

United Nations practice with

respect

to

requests

for

dele-

tion

of

statements from

official

records

296

13.

Legal capacity

of

international intergovernmental organi-

zations

to

establish

other

international

organizations—

xv