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

1979

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

organizations

Copyright (c) United Nations

CONTENTS (continued) Page

Complaint

by a

technical

staff

member

of the

Karlsruhe Control Centre impugning

a

decision declaring

him as

having "non-active

status".

Circumstances under

which

such

a

declaration

is

lawful.

Dismissal

of the

complaint

by the

Tribunal

158

12.

Judgement

No. 379 (18

June 1979): Paulus

v.

European Organization

for the

Safety

of Air

Navigation (Eurocontrol)

Complaint alleging mishandling

of

personnel

file

of a

staff

member

by the

Organization. Need

to

prove material

or

moral prejudice

to

claim compen-

sation

159

13.

Judgement

No. 380 (18

June 1979): Bernard

and

Coffino

v.

Interim Commission

for

the

International Trade

Organization/General

Agreement

on

Tariffs

and

Trade

(ICITO-GATT)

Complaint contesting

the

introduction

of a new

salary scale

for

General Service

staff

to

replace

a

scale established following negotiations between

the

administration

concerned

and the

staff

representatives.

Effect

of the

establish-

ment

of the

International Civil Service Commission

on

earlier practice

in

this

field.

Relationship

in

this

field

between

the

United Nations

and its

specialized

agencies.

Question whether

the

Director-General

has a

statutory

or

contractu-

al,

express

or

implied, obligation

to

negotiate

with

the

staff

representatives

before introducing

the new

scale. Distinction between consultation

and

negotiation. Dismissal

of the

complaint

by the

Tribunal

160

14.

Judgement

No. 381 (18

June 1979):

Domon

and

Lhoest

v.

World Health

Organization

This

case

is

broadly similar

to the

case

dealt

with

in

Judgement

No.

380...

163

15.

Judgement

No. 382 (18

June 1979): Hatt

and

Leuba

v.

World Meteorological

Organization

This

case

is

broadly similar

to the

case dealt

with

in

Judgement

No.

380...

163

16.

Judgement

No. 383 (18

June 1979): Riedinger

v.

European Patent Organization

The

Tribunal recorded

the

withdrawal

of

suit

by the

complainant

163

17.

Judgement

No. 384 (18

June 1979):

Peeters

v.

International Patent Institute

The

Tribunal

recorded

the

withdrawal

of

suit

by the

complainant

163

18.

Judgement

No. 385 (18

June 1979):

Peeters

v.

International Patent Institute

The

Tribunal recorded

the

withdrawal

of

suit

by the

complainant

163

19.

Judgement

No. 386 (18

June 1979): Houyez

v.

European Patent Organization

The

Tribunal

recorded

the

withdrawal

of

suit

by the

complainant

163

20.

Judgement

No. 387 (18

June 1979): Niveau

de

Villedary

v.

European Patent

Organization

The

Tribunal

recorded

the

withdrawal

of

suit

by the

complainant

163

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

1.

Legal

consequences

of an

inability

of the

General Assembly

to

elect

a

non-

permanent member

of the

Security Council

164

CONTENTS

(continued) Page

2.

Question

of

representation

of

Democratic Kampuchea

at the

resumed thirty-third

session

of the

General Assembly. Provisional seating

of

challenged representatives

of

a

Member State. Majority required

for

reconsideration

of

representatives'

credentials already accepted

by the

General Assembly.

The

General

Assembly

is

not

bound

by

other United Nations

organs'

decisions regarding representation

166

3.

The

accreditation

of a

permanent representative

to the

Secretary-General

in New

York

does

not

extend

to the

United Nations

Office

and the

Economic Commission

for

Europe

at

Geneva unless this

is

expressly stated

in the

credentials.

The

phrase

"for

all

organs"

included

in

some letters

of

accreditation

to the

Secretary-General

should

be

interpreted

as

referring

to the

General Assembly,

the

Economic

and

Social

Council,

the

Trusteeship

Council

and the

Security Council. Form

of

accreditation

of

permanent representatives

at

Geneva

168

4.

Legal

basis

for the

observer status

of the

Palestine Liberation Organization.

Applicability

of

certain provisions

of the

Headquarters Agreement between

the

United

Nations

and the

host country. Lack

of

entitlement

of PLO

observer

to

diplomatic privileges

and

immunities. Applicability

of

local zoning laws

and

regulations

to

property acquired

by PLO in the

Headquarters district

169

5.

Question whether General Assembly appropriations

for the

United Nations

International School

can be

considered

"expenses

of the

Organization" within

the

meaning

of

paragraph

2 of

Article

17 of the

Charter

170

6.

Question concerning

the

characterization

of the

United Nations Fund

for

Population Activities

as a

subsidiary organ

of the

General Assembly

171

7.

Question whether

the

Cook Islands

are

eligible

to

receive

a

UNDP indicative

planning

figure

(IFF)

independence bonus. Distinction between self-governing

territories

and

independent States under international

law 172

8.

Question whether

the law

enforcement technique

of

"controlled delivery"

may be

considered

in

compliance

with

international conventions

on

narcotic drugs

and

psychotropic substances.

The

said conventions provide State parties with

a

legal

power

to

seize

and

confiscate

illicit

drugs

but do not

create

a

legal obligation

to do

so.

Compatibility

of the

"controlled delivery" technique

with

the

object

and

purpose

of the

conventions concerned.

The

said technique

as a

legitimate

exercise

of the

discretion

of

State parties

as to the

manner

in

which

the

authority

to

seize

and

confiscate should

be

exercised

174

9.

Relationship between Chairmanship

and

membership

of the

International Civil

Service Commission. Question whether

the

Chairman

(or

Vice-Chairman)

may

resign

the

Chairmanship

(or

Vice-Chairmanship) while remaining

a

member

of the

Commission

176

10.

Question whether

a

unit

of the

Secretariat

may

perform

functions

"under

the

guidance"

of

organs other than

the

Secretary-General. Exclusive responsibility

of

the

Secretary-General

with regard

to the

staff

of the

Organization

177

11.

Question concerning non-United Nations

use of the

United

Nations Environment

Programme

symbol. Analogy with non-United Nations

use of the

United Nations

emblem. Discretion

of the

Secretary-General

on the

matter

178

12.

Circumstances under which

a

staff

member should

be

classified

as

stateless

for

United Nations purposes. Lack

of

valid passport does

not

necessarily indicate

statelessness.

"De

jure"

and not "de

facto" statelessness should

be

considered

for

United

Nations purposes.

The

case

of

black South

Africans

under South

African

laws with particular reference

to

Bantu

homelands

and

independent homelands

180

xi