Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations

UNITED NATIONS

JURIDICAL YEARBOOK

Extract from:

Chapter IV. Treaties concerning international law concluded under the auspices 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

9.

World

Meteorological

Organization

102

10.

Inter-Governmental Maritime Consultative Organization

103

11.

International

Atomic Energy Agency

104

12.

International

Fund

for

Agricultural

Development

105

CHAPTER

IV.

TREATIES

CONCERNING INTERNATIONAL

LAW

CONCLUDED UNDER

THE

AUSPICES

OF THE

UNITED

NATIONS

AND

RELATED INTERGOVERNMENTAL ORGANIZATIONS

TREATIES CONCERNING INTERNATIONAL

LAW

CONCLUDED

UNDER

THE

AUSPICES

OF THE

UNITED NATIONS

1.

Agreement Governing

the

Activities

of

States

on the

Moon

and

Other Celestial

Bodies,

adopted

by the

General Assembly

on 5

December 1979

109

2.

Convention

on the

Elimination

of All

Forms

of

Discrimination against Women,

adopted

by the

General Assembly

on

18

December

1979

115

3.

International Convention against

the

Taking

of

Hostages, adopted

by the

General

Assembly

on 17

December

1979

124

CHAPTER

V.

DECISIONS

OF

ADMINISTRATIVE TRIBUNALS

OF THE

UNITED NATIONS

AND

RELATED INTERGOVERNMENTAL ORGANIZATIONS

A.

DECISIONS

OF THE

ADMINISTRATIVE TRIBUNAL

OF THE

UNITED NATIONS

1.

Judgement

No. 237 (

13

February

1979):

Powell

v.

Secretary-General

of the

United

Nations

Application seeking rescission

of a

bulletin

suspending

the

practice followed

by

the

United Nations

up to

that time pursuant

to a

previous

bulletin

by

which

the

Organization reimbursed national taxes levied

on

one-third lump

sum

pension

payments

—

Origin

of

staff

regulation

3.3

(/)

on the

reimbursement

of

national taxation

in

respect

of

salaries

and

emoluments paid

to the

staff

of

the

Organization

Authority

of the

Secretary-General

to

issue,

for the

purpose

of

applying

the

Staff

Rules

and

Regulations, circulars which

the

Tribunal

has

held

to

have

the

same force

and

effect

as the

Staff

Rules unless

inconsistent

with

the

Staff

Regulations

—

Concept

of

acquired rights

—

under

its

Statute

the

Tribunal

is

competent

to

rescind

individual

decisions

but

not to

rescind

erga

omnes

a

decision which

is in the

nature

of a

regulation

—

Examination

at the

request

of the

respondent

of the

question

of the

legality

of

the

practice followed

by the

Organization prior

to

issuing

the

bulletin

mentioned

in the

application

—

Arguments adduced

from

the

fact

that

staff

regulation

3.3

refers only

to

"salaries

and

emoluments"

and

covers

only

staff

members

in

service

—

Arguments adduced

from

the

fact

that

the

one-third

lump

sum

pension payment

is not

subject

to

staff

assessment

—

Rejection

of

these

arguments

129

2.

Judgement

No. 238 (8

February 1979): Carlson

v.

Secretary-General

of the

United

Nations

Application

by a

serving

staff

member requesting

the

Tribunal,

first,

to

order

the

rescission

of the

bulletin referred

to in the

application which gave rise

to

Judgement

No. 237

and, second,

to

order

the

reimbursement

of

taxes owed

in

respect

of a

one-third lump

sum

pension benefit

—

Rejection

of the

first

plea