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
1974
Part Two. Legal activities of the United Nations and related intergovernmental
organizations
Copyright (c) United Nations
CONTENTS
(continued)
page
Complaint seeking
the
quashing
of a
decision refusing
to
extend
an
appoint-
ment
by the few
days necessary
to
enable
the
person concerned
to
receive
a
pension
136
22.
Judgement
No. 246 (21
October
1974): Ronduen
v.
United Nations Educa-
tional,
Scientific
and
Cultural Organization
Complaint alleging non-observance
by the
respondent Organization
of its
obligations under
the
Staff Regulations
and
Staff
Rules with respect
to
the
participation
of its
staff
members
in the
United Nations Joint Staff
Pension
Fund
138
23.
Judgement
No. 247 (21
October
1974): Nemeth
v.
Food
and
Agriculture
Organization
of the
United Nations
Complaint against
a
decision
to
withhold annual salary
increment—Concepts
of
"unsatisfactory
service"
and
"unsatisfactory
conduct"—Grounds
of
insubordination
139
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.
Comments
on the
question
of the
responsibility
of
States
with regard
to the
reparation
for
injuries
incurred
by
agents
of
international organizations,
in
particular
the
United Nations
142
2.
Comments
on a
draft agreement between
the
United Nations
and a
Member
State
on
the. arrangements
for a
symposium
to be
held
on the
territory
of
that
State
under
the
auspices
of the
United Nations
144
3.
Immunity
of
United Nations property
and
assets
from
search
and
from
any
other form
of
interference—Section
3 of the
Convention
on the
Privileges
and
Immunities
of the
United Nations
145
4.
Question
of the
exemption
of the
United Nations from value-added
tax in a
Member
State
146
5.
Exemption
of the
United Nations from excise duties
and
taxes
on the
sale
of
movable
and
immovable property forming part
of the
price
to be
paid—
interpretation
of
Section
8 of the
Convention
on the
Privileges
and
Immuni-
ties
of the
United Nations
147
6.
Question whether
the
United Nations enjoys copyright
in the
speeches, tape
recordings
and
summaries related
to
public hearings
of the
Group
of
Eminent
Persons
convened under Economic
and
Social
Council resolution
1721
(LIII)
•^«JjUKLUktecnnical
papers
prepared
for the
Group
148
/
7. The
representation
of
national
liberation movements
in
United Nations
^^^organs
149
8.
Question whether
the first
sentence
of
Article
19
of the
Charter concerning
the
loss
of
vote
in the
General Assembly
of
Member
States
two
years
in
arrears
in
the
payment
of
their contributions
has
automatic application
or is
subject
to a
prior decision
of the
Assembly
156
9.
Request contained
in
General Assembly resolution 3184
C
(XXVIII)
that
the
Secretary-General bring that resolution
to the
attention
of
"all Member
States,
as
well
as all
other
States
and
Governments"—question
whether this
phrase
should
be
interpreted
in the
same
way as an
"all
States"
clause
....
157
10.
Question whether
the
expenses
of the
United Nations Emergency Force
vin
CONTENTS
(continued)
page
(UNEF)
set up
under
Security
Council resolution
340
(1973)
and of the
United
Nations
Disengagement Observer
Force
(UNDOF)
set up
under Security
Council
resolution
350
(1974)
are
"expenses
of the
Organization"
within
the
meaning
of
Article
17,
paragraph
2, of the
Charter—Due
dates
of
contribu-
tions from Member
States
to
UNEF
and
UNDOF
159
11.
Extent
to
which
funds
from
private sources
may be
used
for
disaster
relief
under
General Assembly resolution 2816
(XXVI)
162
12.
Use of the
term
"consensus"
in
United Nations practice
163
13.
Question
of the
participation
in
meetings
of the
functional commissions
of the
Economic
and
Social
Council
of
States
not
members
of the
United Nations
but
members
of a
specialized agency
or of the
International Atomic Energy
Agency
or
parties
to the
Statute
of the
International Court
of
Justice
165
14.
Question whether
a
change
of
governmental
affiliation
or
nationality
of an
expert would
affect
his
membership
in the Ad Hoc
Working Group
of
Experts
of
the
Commission
on
Human Rights
16
15.
Representation
of
national liberation movements
in the
work
of the
Economic
Commission
for
Africa
167
16.
Question whether
the
establishment
of a
committee
jointly
by the
United
Nations
Economic Commission
for
Asia
and the Far
East
and the
Food
and
Agriculture
Organization
of the
United Nations would require formal approv-
al by the
Economic
and
Social Council
171
17.
Use in
resolutions, decisions
or
conclusions adopted
by the
Trade
and
Development Board
or its
subsidiary bodies
of the
words
"as
adopted"
immediately
following references
to an
existing resolution
172
18.
Question whether
the
United Nations Industrial Development Organization
may finance its
operational activities
by
means
of
voluntary contributions
from
sources other than Governments
174
19.
Question
of the
participation
in the
Preparatory Committee
of the
1974 World
Food
Conference
of
States
not
members
of the
United Nations
but
members
of
a
specialized agency
or of the
International Atomic Energy Agency
or
parties
to the
Statute
of the
International Court
of
Justice
175
20.
Question
of the
termination
of the
Trusteeship Agreement
for the
Territory
of
New
Guinea
181
21.
Extent
to
which obligations
of
specialized agencies
as
regards relations
with
South Africa vary under
the
terms
of
paragraph
6 of
General Assembly
resolution
3118
(XXVIII)
and of
paragraph
13
of
General Assembly resolu-
tion
3151
G
(XXVUI)
183
22.
Immunity
of
United Nations
officials
from
legal process
in
respect
of
words
spoken
or
written
and all
acts
performed
by
them
in
their
official
capacity—
Sections
18
and 20 of the
Convention
on the
Privileges
and
Immunities
of the
United
Nations
187
23.
Extent
of the
immunity from local prosecution enjoyed
by
United
Nations
officials
under existing international agreements
188
24.
Publication
of an
article prepared
by a
former
staff
member
while
still
in the
service
of the
United
Nations—Obligations
deriving
in
this regard from Staff
Regulation
1.5 189
25.
Position
of the
Secretary-General with respect
to the
discharge
of
administra-
tive
and
depositary functions
in
relation
to
treaties concluded under
the
auspices
of the
United Nations
190
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