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
1982
Part Two. Legal activities of the United Nations and related intergovernmental
organizations
Copyright (c) United Nations
CONTENTS
(continued)
Page
Termination
of the
Applicant's employment through recourse
to the
system
of
disability
retirement—Primary
reason
for
this lies mainly
not in the
Applicant's
technical skills
but in the
personality condition confirmed
by
the
medical
report—Inclusion
in the
Applicant's record
of
reference
to the
negative
aspects
of her
performance
and to her
personality problems
was a
proper
fulfilment
of the
Respondent's obligation
to
evaluate periodically
her
performance
153
CHAPTER
VI.
SELECTED
LEGAL OPINIONS
OF THE
SECRETARIATS
OF THE
UNITED NATIONS
AND
RELATED
INTERGOVERNMENTAL
ORGANIZATIONS
A.
LEGAL OPINIONS
OF THE
SECRETARIAT
OF THE
UNITED NATIONS (ISSUED
OR
PREPARED
BY
THE
OFFICE
OF
LEGAL AFFAIRS)
1.
Use of the
terms
"representative"
and
"observer"
in
United Nations
practice....
156
2.
Status
of the
Palestine Liberation Organization
in the
United
Nations—
Summary
of the
principal developments
in the
evolution
of the
status
of the
PLO
with
the
General Assembly,
the
Security Council,
the
Economic
and
Social
Council, other United Nations agencies
and
intergovernmental organiza-
tions
156
3.
Majority required
for
adoption
by the
General Assembly
of a
draft
resolution
before
it 159
4.
Practice
of the
General Assembly
and its
Main Committees regarding state-
ments
by
observers
160
5.
Practice
of the
General Assembly relating
to
statements made
in the
exercise
of
the right of
reply
160
6.
Competence
of
Main Committees
of the
General Assembly
to
make recom-
mendations concerning
the
venue
of
meetings which they recommend
to the
Assembly
to
convene
161
7.
Question whether Main Committees
of the
General Assembly, other than
the
Fifth
Committee, have
any
competence
to
consider
the financial
implications
of
the
draft
resolutions they recommend
for
adoption
by the
Assembly
162
8.
Question
of the
participation
of
non-governmental organizations
in the
work
of
the
General Assembly
in the field of
disarmament
163
9.
Legal status
of the
United Nations Council
for
Namibia—Question
of its
legal
personality
for
purposes
of
private
law
and/or international
law
164
10.
Legal status
of the
United Nations Council
for
Namibia
in
regard
to the
United
Nations Convention
on the Law of the Sea 165
11.
Question
of the right to
vote
of
Namibia,
as
represented
by the
United Nations
Council
for
Namibia,
at the
Third United Nations Conference
on the Law of
the
Sea 169
12.
Implications
and
consequences
for the
United Nations
of the
institution
of
legal
proceedings
in
domestic courts
by the
United Nations Council
for
Namibia
or
the
Commissioner acting
on
behalf
of the
Council
169
13.
Establishment,
financing and
servicing
of the
Preparatory Commission
for the
International
Sea-Bed
Authority
and for the
International
Tribunal
for the Law
of
the Sea 171
14.
Questions arising
from
the
proposed inclusion
in
draft
resolution
II of the
Third United Nations Conference
on the Law of the Sea in the
definition
of
"pioneer
investors"
of
private enterprises which have been investing
funds
in
the
development
of
sea-bed
mining technology
172
CONTENTS
(continued)
Page
15.
Implication
of a
provision
in a
draft
resolution urging
the
Secre
ary-General
to
assume under
the
1949 Geneva Convention relative
to the
prote<
tion
of
civilian
persons
in
time
of war
responsibility
for
ensuring human
aid
other rights
within
occupied territories attached
to the
occupying Power
176
16.
Question whether
within
the
Trade
and
Development Board
a
delegation
can
introduce reservations
to a
consensus resolution
after
the
closur
: of the
session
during
which that resolution
was
adopted
177
17.
Procedure
to
follow
in
securing patent protection
for
some equipment
and
software
developed
in the
framework
of a
project sponsored
by the
United
Nations
Development Programme
177
18.
Status
of the
International Criminal Police Organization
(INTERPOL)
with
the
United Nations
179
19.
Question whether
the
Executive Committee
of the
Programme
of the
High
Commissioner
for
Refugees
has the
competence
to
expel
or sus
pend
a
member
of
the
Executive Committee
180
20.
Presentation
of
statistical information
for
Western Sahara
and ts
classification
as a
"developing country
or
territory"
in
reports
of the
United
Nations
Confer-
ence
on
Trade
and
Development—General
Assembly
resolition
36/46
of
24
November 1981
181
21.
Interpretation
of
General Assembly resolution
36/231
A of 18
December 1981
on the
scale
of
assessments—Question
whether
the
Committee
( n
Contributions
must
consider
itself
bound
by the
four
criteria
set out in
sub-
paragraphs
4(a)-(d)
of the
resolution
182
22.
Question whether under
the
Financial Regulations
and
Rule;
of the
United
Nations
a
voluntary contribution
may be
accepted with
a
coidition
that pur-
chases
funded
from
the
contribution
be
made
in the
donor coun
ry
183
23.
Implementation
of
Article
43 of the
Charter
of the
United
Nitions
regarding
the
provision
of
armed forces, assistance
and
facilities
to the !
iecurity
Council
for
the
maintenance
of
international
peace
and
security
183
24.
Modalities
to be
followed
by the
Economic
and
Social
Count
il in
connection
with
the
request
by the
General Assembly that
the
Council
c
insider
granting
membership
in one of its
subsidiary bodies
to
Namibia,
represented
by the
United
Nations Council
for
Namibia
185
25.
Question
of the
signature
by the
Trust Territory
of the
Pacif
c
Islands
of the
Final
Act of the
Third Conference
on the Law of the Sea
ai
d of the
United
Nations Convention
on the Law of the Sea 186
26.
Observation
by the
United Nations
of
elections
to be
held
in a
Member
State....
188
27. The
role
of the
Secretary-General
as
chief administrative
offic
sr of the
United
Nations
189
28.
Question
of
financial
liability
of the
United Nations
in a
clain
for
compensa-
tion
in
respect
of a
deceased
holder
of a
special service
agréent
ent 200
29.
Question
of
whether
staff
members
of the
United Nations
may
accept
any
honour, decoration,
favour,
gift
or
remuneration accorded
by a
Government
202
30.
Nationality status
of a
staff
member claiming
de
facto
stateless:
less
204
31.
Scope
of the
expression
"accredited
staff
of
permanent
missicns"
as
contained
in
General Assembly resolution
36/235
of 18
December 1981
204
32.
Scope
of
privileges
and
immunities
of a
permanent
observer
mission
to the
United
Nations
205
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