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
1983
Part Two. Legal activities of the United Nations and related intergovernmental
organizations
Copyright (c) United Nations
CONTENTS
(continued)
Page
2.
Judgment
No.
551
(30
March
1983):
Spangenberg
v.
European Patent Organization
Complaint against
a
decision
denying
promotion
on the
basis
of
rules applicable
to
staff
members
of a
specific
nationality—Principle
of
equal treatment among
officials
of an
international
organization—Admissibility
in
certain circumstances
of
departures
from
this principle aimed
at
securing
a
balanced
staff
156
3.
Judgment
No. 566 (20
December 1983):
Berte
and
Beslier
v.
European Patent
Organization
Salary
deductions
of
staff
members
on
strike—A
special rule
for
calculating deduc-
tions
cannot
be
introduced
by the
organization
in
breach
of
staff
regulations
157
4.
Judgment
No. 570 (20
December
1983):
Andres,
Blanco
and
Garcia
v.
European
Southern Observatory (No.
2)
Application
for
review
of
earlier judgements
of the
Tribunal—The
finality
of the
Tribunal
judgements does
not
preclude
the
exercise
by the
Tribunal
of a
limited
power
or
review provided certain conditions
are met 157
5.
Judgment
No. 580 (20
December 1983):
Tevoedjre
v.
International Labour Organisa-
tion
and Mr.
Francis Blanchard
Terms
of
competence
of the
Tribunal—Retirement
age and the
special position
of
the
Director-General
of the
organization—Scope
of the
principles
of
equality
158
6.
Judgment
No. 595 (20
December 1983): Benyoussef
v.
World Health Organization
Complaint
directed
at a
decision terminating
a fixed-term
appointment
for
reasons
of
health—A
complainant cannot alter
the
substance
of his
original claim
after
filing
his
complaint—In
case
of
termination,
the
period
of
notice should begin
on the
date
of
notification
of the
termination
decision—The
finding
of
fact
serving
as
a
basis
for the
decision
may
however
be
made
at a
date prior
to
that
of the
decision
159
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 (ISSUED
OR
PREPARED
BY THE
OFFICE
OF
LEGAL AFFAIRS)
1.
Question whether
a
transnational corporation
is
legally obligated
to
"comply
with"
or to
"observe"
a
United Nations
resolution—Legal
character
of
United Nations
resolutions
163
2.
Legal meaning
and
implications
of the
words "existing internationally
recognized"
and
"existing
intrnational"
as
qualifications
of
"boundaries"
in,
respectively,
the
1981 Declaration
on the
Inadmissibility
of
Intervention
and
Interference
in the
Internal
Affairs
of
States
and the
1970 Declaration
on
Principles
of
International
Law
Concerning Friendly Relations
and
Co-operation among
States
in
accordance
with
the
Charter
of the
United Nations
164
3.
Agenda
of
meetings
of
States parties
to the
International Covenant
on
Civil
and
Political
Rights—Question
whether
the
meetings
may
consider
any
matter other
than
the
election
of
members
of the
Human Rights Committee pursuant
to
arti-
cle 30 (4) of the
Covenant and,
if so,
what question
can be
considered under
an
agenda item
entitled
"other
matters"
166
4.
Article
19 of the
Charter
of the
United Nations
and
Working Capital Fund
advances—Question
of how to
take into account,
for the
purpose
of
establishing
the
amount
of
contributions
due
from
a
Member State
for the
preceding
two
full
years, increases
or
decreases
in the
advances that
it may be
required
to
make
to
the
Fund
167
CONTENTS
(continued)
Page
5.
Question whether
a
State participating
as an
observer
on a
committee
of
limited
membership
can
become
a
co-sponsor
of a
proposal
before
the
committee
....
169
6.
Question whether
a
subsidiary organ
can
provide that
one of its own
subsidiaries
use
fewer
languages than itself
169
7.
Question whether membership
in any
subsidiary organ established
by the
Govern-
ing
Council
of the
United Nations Environment Programme
and
entrusted
to act
on its
behalf must consist exclusively
of
States members
of the
Governing Council
170
8.
Rule
38 of the
rules
of
procedure
of the
Governing Council
of the
United Nations
Environment
Programme relating
to
right
of
reply—Practice
of the
General Assembly
and
the
Economic
and
Social
Council regarding
the
exercise
of the
right
of
reply
170
9.
Participation
of a
Member State
as an
observer
in a
session
of the
United Nations
Commission
on
International
Trade
Law—Implications,
as
regards participation
of
the
Member State concerned
in
meeting
of
United Nations organs,
of
action taken
by
the
General Assembly
with
regard
to
that
State's
credentials
171
10.
Procedural questions raised
in
connection with
the
adoption
of a
report
of the
Sub-
Committee
on
Petitions, Information
and
Assistance
of the
Special Committee
on
the
Situation with regard
to the
Implementation
of the
Declaration
on the
Granting
of
Independence
to
Colonial Countries
and
Peoples—Question
whether action
may
validly
be
taken
on an
amendment
not
circulated
in one of the
working
languages-
Question whether
a
final
vote
must
be
taken
on the
report
as a
whole
after
separate
parts have been adopted
171
11.
Question
of the
publication
of an
expert's
dissent
to the
report
of a
group
of
experts-
Existence
of a
well-established custom
in the
United Nations
for
reports
prepared
by
any
representative organ
or
body
of
governmental experts clearly
to
reflect dis-
senting
opinions
172
12.
Question whether
a
Member State
not a
member
of the
United Nations Council
for
Namibia
may be
granted
observer
status
in the
Council
173
13.
Question whether Member States
not
members
of the
Credentials Committee
may
participate
as
observers
in the
Committee's
work
173
14.
Motion
to
take
no
action
on a
proposal
before
the
General
Assembly—Question
of
whether
the
motion
can
properly
be
made under
the
rules
of
procedure
of the
General Assembly
174
15.
Questions related
to the
closure
of
debate
and
conduct during voting
in the
plenary
meetings
of the
General Assembly
and in the
Main
Committees—Rules
75 and 88
of
the
rules
of
procedure
of the
General Assembly
174
16.
Status under
the
Charter
of the
United Nations
of the
Group
of
Governmental Experts
on
International Co-operation
to
Avert
New
Flows
of
Refugees
177
17.
Question whether
the
Office
of the
United Nations High Commissioner
for
Refugees
and
the
United Nations Interim
Force
in
Lebanon could play
a
role
as
regards
the
legal
and
physical protection
of
refugees
in
Lebanon,
the
West Bank
and
Gaza
178
18.
Question whether
a
representative
of a
Member State member
of the
Security Council
holding
the
office
of
President
of the
Security Council
may
address
a
communica-
tion
to
himself
as
President
of the
Council
179
19.
Accreditation
of
representatives
of
Member States members
of the
Security
Council—Practice
followed
in
applying rules
13 and 15 of the
provisional rules
of
procedure
of the
Security Council
179

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