International Organizations Before National Courts Part 2 pot

OAS Administrative Tribunal Hebblethwaite et al.v.Secretary-General of the OAS, OAS Administrative Tribu- nal, 1 June 1977, Judgment No. 30, OEA/SER.R.TRIBAD/95 275 note 119 OECD Administrative Tribunal Johansson v. Secretary-General of the OECD, OECD Administrative Tribunal, 25 June 1997, Judgment No. 22 (unpublished) 379 note 228 Permanent Court of International Justice Lotus, PCIJ, Judgment No. 9, 1927, PCIJ, Series A, No. 10 254 UN Administrative Tribunal Hilpern v. UNRWA, UN Administrative Tribunal, 7 December 1956, Judg- ment No. 65, (1954) 23 ILR 613 172 note 14 Irani v. Secretary-General of the United Nations, UN Administrative Tribunal, 6 October 1971, Judgment No. 150, (1971) United Nations Juridical Yearbook 162 272 Radicopoulos v. UNRWA, UN Administrative Tribunal, 23 August 1957, Judgment No. 70, (1957) 24 ILR 683; A. N. Vorkink and M. C. Hakuta, Lawsuits Against International Organizations – Cases in National Courts Involv- ing Staff and Employment (Washington DC, World Bank Legal Department, 1985), 16 171 note 7, 172 note 14 Salaymeh v. UNRWA, UN Administrative Tribunal, 17 November 1990, Judgment No. 469 (unpublished) 273 Shamsee v. United Nations Joint Staff Pension Board, UN Administrative Tribu- nal, 25 May 1979, Judgment No. 245, (1979) United Nations Juridical Yearbook 138 160 note 657 Teixera v. Secretary-General of the United Nations, UN Administrative Tribu- nal, 14 October 1977, Judgment No. 230, (1977) United Nations Juridical Yearbook 155 272 Zafari v. UNRWA, UN Administrative Tribunal, 10 November 1990, Judg- ment No. 461 (unpublished) 273 lii table of cases UN Human Rights Committee HvdP v. The Netherlands, UN Human Rights Committee, 8 April 1987, Communication No. 217/1986, (1988) 9 Human Rights Law Journal¸ 254–5 302, 321 note 12, 268 note 81 World Bank Administrative Tribunal De Merode et al.v.World Bank, (1981) World Bank Administrative Tribunal Reports, Decision No. 1, 12 274 note 117 Mendaro v. IBRD, World Bank Administrative Tribunal, 4 September 1985, (1985) World Bank Administrative Tribunal Reports, Decision No. 26; (1985) United Nations Juridical Yearbook 125; (1991) 85 ILR 646–56 367 note 186 liiitable of cases ccccc Table of legal instruments Constituent instruments CERN Convention: Convention for the Establishment of a European Or- ganization for Nuclear Research (CERN), Paris, 1 July 1953, 200 UNTS 149 Common Fund for Commodities Agreement: Agreement Establishing the Common Fund for Commodities, Geneva, 27 June 1980, UN Doc. TC/IPC/ CF/CONF/24, reprinted in (1980) 19 ILM 896 EC Treaty: Treaty Establishing the European Economic Community, Rome, 25 March 1957, 298 UNTS 11 ELDO Convention: Convention for the Establishment of a European Laun- cher Development Organization, London, 29 March 1962, 507 UNTS 177 ESA Convention: Convention for the Establishment of a European Space Agency, Paris, 30 May 1975, (1975) 14 ILM 855 ESRO Convention: Convention for the Establishment of a European Space Research Organization, Paris, 14 June 1962, 528 UNTS 33 Eurocontrol Convention: International Convention Relating to Co-oper- ation for the Safety of Air Navigation, Brussels, 13 December 1960, 523 UNTS 117 Eurofima Convention: Convention on the Establishment of Eurofima, European Company for the Financing of Railway Rolling Stock, Berne, 20 October 1955, 378 UNTS 225 FAO Constitution: Constitution of the Food and Agriculture Organization of the United Nations, 16 October 1945, (1946–7) United Nations Yearbook 693 lv IAEA Statute: Statute of the International Atomic Energy Agency, UN Headquarters, 26 October 1956, 276 UNTS 3 IBRD Articles of Agreement: Articles of Agreement of the International Bank for Reconstruction and Development, Washington DC, 27 Decem- ber 1945, 2 UNTS 134 ICAO Convention: Convention on International Civil Aviation, Chicago, 7 December 1944, 15 UNTS 295 IDA Articles of Agreement: Articles of Agreement of the International Development Association, Approved for Submission to Governments by the Executive Directors of IBRD, 26 January 1960, 439 UNTS 249 ILO Constitution: Instrument for the Amendment of the Constitution of the International Labour Organisation, Montreal, 9 October 1946, 15 UNTS 35 Institute for Intellectual Cooperation: Letter from the French Govern- ment to the President of the Council of the League of Nations, 8 December 1924, including a Statute of the Institute and Resolution of the Council of the League of Nations, 13 December 1924, League of Nations Official Journal, February 1925, 285; reprinted in Franz Knipping, Hans von Mangoldt and Volker Rittberger (eds.), The United Nations System and its Predecessors. Stat- utes and Legal Acts, 3 vols (Berne and Munich, 1995), vol. II, 1064 IMF Articles of Agreement: Articles of Agreement of the International Monetary Fund, Washington DC, 27 December 1945, 2 UNTS 40 IMO Convention: Convention on the International Maritime (Consult- ative) Organization, Geneva, 6 March 1979, 289 UNTS 48 Inmarsat Convention: Convention on the International Maritime Satel- lite Organization (Inmarsat), London, 3 September 1976, 1143 UNTS 105 Intelsat Agreement: Agreement relating to the International Telecom- munications Satellite Organization, Washington, DC, 20 August 1971, TIAS No. 7532, reprinted in (1971) 10 ILM 909 International Bureau of Weights and Measures: Convention internatio- nale du me`tre, Paris, 20 May 1875, 20 US Statutes at Large 709, reprinted in Franz Knipping, Hans von Mangoldt and Volker Rittberger (eds.), The United Nations System and its Predecessors. Statutes and Legal Acts, 3 vols (Berne and Munich, 1995), vol. II, 180 lvi table of legal instruments International Office for Dealing with Contagious Diseases of Animals: Agreement for the Creation of an International Office for Dealing with Contagious Diseases of Animals, Paris, 24 January 1924, 57 LNTS 135 International Wine Office: Agreement for the Creation of an Interna- tional Wine Office, Paris, 29 November 1924, 80 LNTS 293 International Institute of Agriculture: Convention for the Creation of an International Institute of Agriculture, Rome, 7 June 1905, reprinted in (1908) 2 American Journal of International Law, Supplement, 358 International Institute of Refrigeration: Convention for the Creation of an International Institute of Refrigeration, Paris, 21 June 1920, 8 LNTS 66 IRO Constitution: UN General Assembly Resolution 62(I), 15 December 1946, 18 UNTS 3 ITC Agreement: Sixth International Tin Agreement, Geneva, 26 June 1982, 1282 UNTS 205 League of Nations Covenant: The Covenant of the League of Nations, 28 June 1919, 225 CTS 195 MIGA Convention: Convention Establishing the Multilateral Investment Guarantee Agency, Seoul, 11 October 1985, (1985) 24 ILM 1605 OAS Charter: Charter of the Organization of American States, Bogota´, 30 April 1948, 119 UNTS 3 UN Charter: Charter of the United Nations, San Francisco, 26 June 1945, (1946–7) United Nations Yearbook 831 UNESCO Constitution: Constitution of the United Nations Educational, Scientific and Cultural Organization, London, 16 November 1945, 4 UNTS 275 UNRRA Agreement: Agreement for United Nations Relief and Rehabilita- tion Administration, Washington, 9 November 1943, British Command Paper, Cmd. 6491 (1943), reprinted in (1944) 38 American Journal of Interna- tional Law, Supplement, 33 UPU Constitution: Constitution of the Universal Postal Union, 10 July 1964; text in Franz Knipping, Hans von Mangoldt and Volker Rittberger (eds.), The United Nations System and its Predecessors. Statutes and Legal Acts,3 vols (Berne and Munich, 1995), vol. I/2, 992 lviitable of legal instruments WHO Constitution: Constitution of the World Health Organization, New York, 22 July 1946, 14 UNTS 185 WIPO Convention: Convention Establishing the World Intellectual Prop- erty Organization, Stockholm, 14 July 1967, 828 UNTS 3 WTO Agreement: Agreement Establishing the WTO: General Agreement on Tariffs and Trade: Multilateral Trade Negotiations Final Act Embody- ing the Results of the Uruguay Round of Trade Negotiations, Marrakesh, 15 April 1994, reprinted in (1994) 33 ILM 13 Multilateral privileges and immunities treaties Council of Europe Privileges and Immunities Agreement: General Agree- ment on Privileges and Immunities of the Council of Europe, Paris, 2 September 1949, 250 UNTS 14 EC Privileges and Immunities Protocol: Protocol on the Privileges and Immunities of the European Communities, Brussels, 8 April 1965, 13, 1348 UNTS 54 ECSC Privileges and Immunities Protocol: Protocol on the Privileges and Immunities of the (European) Community (for Coal and Steel), Paris, 18 April 1951, 261 UNTS 238 ELDO Protocol on Privileges and Immunities: Protocol on the Privileges and Immunities of the ELDO, London, 29 June 1964, 605 UNTS 370 EPO Privileges and Immunities Protocol: Protocol on Privileges and Im- munities of the European Patent Organization, 1065 UNTS 199 IAEA Privileges and Immunities Agreement: Agreement on the Privileges and Immunities of the International Atomic Energy Agency, Approved by the Board of Governors, 1 July 1959, 374 UNTS 147 UN General Convention: Convention on the Privileges and Immunities of the United Nations 1946, Adopted by the General Assembly of the United Nations on 13 February 1946, 1 UNTS 15 UN Special Convention: Convention on the Privileges and Immunities of the Specialized Agencies 1947, Approved by the General Assembly of the United Nations on 21 November 1947, 33 UNTS 261 lviii table of legal instruments Bilateral agreements Agence de Cooperation Culturelle et Technique Headquarters Agree- ment: Agreement between the Government of the French Republic and the Agency for Cultural and Technical Co-operation Concerning the Headquarters of the Agency and its Privileges and Immunities in French Territory, Paris, 30 August 1972, 961 UNTS 272 EMBL Headquarters Agreement: Headquarters Agreement Between the Federal Republic of Germany and the European Molecular Biology Labora- tory, 10 December 1974, Bundesgesetzblatt 1975 II 933 EPO Sub-Office Headquarters Agreement: Agreement Between the Repub- lic of Austria and the European Patent Organization Concerning the Headquarters of the Vienna Sub-Office of the European Patent Office, Vienna, 2 July 1990, Bundesgesetzblatt No. 672/1990 FAO Headquarters Agreement: Agreement Regarding the Headquarters of the FAO, Washington, 31 October 1950, Gazzeta Ufficiale, 27 January 1951, No. 22; 1409 UNTS 521 FAO–Italy Exchange of Notes, Rome, 20/23 December 1986; reprinted in FAO, ‘Constitutional and General Legal Matters, Annex I’ (1986) United Nations Juridical Yearbook 156 ILO–Swiss Agreement 1946: Agreement Between the Swiss Federal Coun- cil and the ILO Concerning the Legal Status of the International Labour Organisation in Switzerland, 11 March 1946, reprinted in Martin Hill, Immunities and Privileges of International Officials, The Experience of the League of Nations (Washington DC, 1947), 248 ITC Headquarters Agreement: Headquarters Agreement Between the Gov- ernment of the United Kingdom and the International Tin Council, London, 9 February 1972, 834 UNTS 287 Iran–United States Claims Tribunal Host State Agreement: Dutch Host State Agreement with the Iran–United States Claims Tribunal, The Hague, 6/24 September 1990, (1990) 29 Tractatenblad Jaargang No. 1, No. 150 League of Nations–Swiss modus vivendi: Communications from the Swiss Federal Council Concerning Diplomatic Immunities to be Accorded to the Staff of the League of Nations, Geneva, 18/20 September 1926, (1926) League of Nations Official Journal 1422, reprinted in Martin Hill, Immunities lixtable of legal instruments and Privileges of International Officials, The Experience of the League of Nations (Washington DC, 1947), 138 OPEC Fund Headquarters Agreement 1981: Agreement Between the Re- public of Austria and the OPEC Fund for International Development Regarding the Headquarters of the Fund, Vienna, 21 April 1981, Bundes- gesetzblatt No. 248/1982 UN Headquarters Agreement 1947: Agreement Between the United Na- tions and the United States of America Regarding the Headquarters of the United Nations at Lake Success, 26 June 1947, 11 UNTS 11 UN–Swiss Interim Arrangement 1946: Interim Arrangement on Privileges and Immunities of the United Nations Concluded Between the Secretary- General of the United Nations and the Swiss Federal Council, Berne and New York, 11 June–1 July 1946, 1 UNTS 163 UN Economic Commission for Latin America–Chile Agreement: Agree- ment Between Chile and the UN Economic Commission for Latin Amer- ica, 16 February 1953, 314 UNTS 49 UNIDO Headquarters Agreement 1967: Agreement Between the United Nations and the Republic of Austria Regarding the Headquarters of the United Nations Industrial Development Organization, New York, 13 April 1967, 600 UNTS 93 WHO–Egypt Agreement: Agreement Between the WHO and Egypt for the Purposes of Determining the Privileges, Immunities and Facilities to be Granted in Egypt by the Government to the Organization, Cairo, 25 March 1951, 223 UNTS 90 WHO–Philippines Host Agreement: Agreement Between the WHO and the Government of the Philippines on the Privileges, Immunities and Facilities to be Granted by the Government of the Philippines to the WHO, Manila, 22 July 1951, 149 UNTS 198 Other treaties Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968, OJ No. 304/1978 European Convention for the Protection of Human Rights and Funda- mental Freedoms, Rome, 4 November 1950, 213 UNTS 221 lx table of legal instruments European Convention on State Immunity of 1972, UNTS Reg. No. 25699, reprinted in (1972) 11 ILM 420 Hague Convention on the Recognition of the Legal Personality of Foreign Companies, Associations and Foundations, 1 June 1956, Recueil des Conven- tions de la Haye adopte´s par les 7e, 8e et 9e sessions (1961), 28 International Covenant on Civil and Political Rights, Adopted by the UN General Assembly, 16 December 1966 (UN General Assembly Resolution 2200), 999 UNTS 171 Vienna Convention on Consular Relations, 24 April 1963, 596 UNTS 261 Vienna Convention on Diplomatic Relations, 18 April 1961, 500 UNTS 95 Vienna Convention on the Law of Treaties, 23 May 1969, 1155 UNTS 331 Vienna Convention on the Law of Treaties Between States and Interna- tional Organizations and Between International Organizations, 21 March 1986; reprinted in (1986) 25 ILM 543 Statutes of international tribunals ICJ Statute: Statute of the International Court of Justice, 26 June 1945, (1946–7) United Nations Yearbook 843 ILO Administrative Tribunal Statute: Statute of the Administrative Tribu- nal of the International Labour Organisation, adopted by the Interna- tional Labour Conference on 9 October 1946 and amended on June 1949 and 17 June 1986, reprinted in C. de Cooker (ed.), International Administra- tion (looseleaf, The Hague, Boston and London, 1989–), DOC.3 UN Administrative Tribunal Statute: Statute of the UN Administrative Tribunal, adopted by General Assembly Resolution 351 A (IV), 24 Novem- ber 1949, amended by General Assembly Resolution 782 B (VIII), 9 Decem- ber 1953 and General Assembly Resolution 957 (X), 8 November 1955 World Bank Administrative Tribunal Statute: Statute of the World Bank Administrative Tribunal, adopted by the Boards of Governors of the IBRD, the IDA and the IFC on 30 April 1980 lxitable of legal instruments [...]... International Law Reports International Monetary Fund International Maritime Organization International Maritime Satellite Organization International Telecommunications Satellite Organization International Criminal Police Organization International Olympic Committee (US) International Organizations Immunities Act 1945 International Refugee Organization International Tin Council International Telecommunication... question of how national courts should treat international organizations, for example international decisions addressing issues of domestic legal personality or immunities and privileges of international organizations. 4 2 3 4 National Judges and the International Relations of Their State’ (1993 I) 65 Annuaire de l’Institut de Droit International 327 –448 at 329 In the course of this investigation national. .. British Yearbook of International Law 307 International Organisations Act 1968 International Tin Council (Immunities and Privileges) Order 19 72, SI 19 72 No 120 State Immunity Act 1978, reprinted in (1978) 17 ILM 1 123 United States Constitution Foreign Sovereign Immunities Act 1975, 90 Stat 28 91, 28 USCA §§ 1330 et seq International Organizations Immunities Act 1945, 59 Stat 669, 22 USCA §§ 28 8 et seq Abbreviations... Europe International Atomic Energy Agency International Air Transport Association International Bank for Reconstruction and Development International Civil Aviation Organization International Chamber of Commerce International Covenant on Civil and Political Rights Intergovernmental Committee for European Migration International Court of Justice International Committee of the Red Cross International. .. administering organs 26 set up by international agreements falling short of true international organization status .27 Finally, it has been asserted that only those inter-state entities which meet an ‘official public purpose’ test can qualify as international organizations. 28 It seems, however, that this requirement is no longer generally 22 23 24 25 26 27 28 Claims, 23 March 1977, reaffirmed in Erosion... contractual disputes between international organizations and private parties, these cases sometimes have strong political implications This book is divided into three major parts Part I analyzes the attitudes of national courts towards disputes involving international organizations It describes the various legal approaches taken by courts when confronted with international organizations as parties to legal proceedings... independence of international organizations and not unduly impair the access of private parties to a fair dispute settlement procedure Subject of the study The subject of this study is the public international organization before domestic courts Since national courts sometimes treat other entities, not falling under a strict definition of international organizations, as if they were international organizations, ... Tropics International Development Association Inter-American Development Bank Institut de droit international International Finance Corporation International Law Association International Law Commission International Legal Materials International Labour Organisation a b b re v ia ti o ns ILR IMF IMO Inmarsat Intelsat Interpol IOC IOIA IRO ITC ITU LNTS MIGA NATO NGO NLRB OAS OAU OECD lxvii International. .. ‘sources’ of international practice have been used: digests of (internationally relevant domestic) court decisions, international case reports (annual digests, the International Law Reports, the International Legal Materials, etc.), collections of state practice (such as the American Journal of International Law, the Austrian Journal of Public and International Law, the British Yearbook of International. .. States and International Organizations (Second Part of the Topic) reprinted in ‘Recent Austrian Practice in International Law’, Part B, in (1991) 42 Austrian Journal of Public and International Law 5 42 UN Regulation No 4, General Assembly Resolution 41 /21 0, reprinted in Szasz, ‘The United Nations Legislates to Limit its Liability’ (1987) 81 American Journal of International Law 739–44 at 7 42, note 14 . and International Organizations (Second Part of the Topic) reprinted in ‘Recent Austrian Practice in International Law’, Part B, in (1991) 42 Austrian Journal of Public and International Law 5 42 UN. Corporation ILA International Law Association ILC International Law Commission ILM International Legal Materials ILO International Labour Organisation lxvi abbreviations ILR International Law Reports IMF International. Organization Interpol International Criminal Police Organization IOC International Olympic Committee IOIA (US) International Organizations Immunities Act 1945 IRO International Refugee Organization ITC International