United Nations General Assembly
The United Nations General Assembly (UNGA, GA, orFrench: Assemblée Générale "AG") is one of the six principal organs of the United Nations and the only one in which all member nations have equal representation. Its powers are to oversee the budget of the United Nations, appoint the non-permanent members to the Security Council, receive reports from other parts of the United Nations and make recommendations in the form of General Assembly Resolutions.[1] It has also established a wide number of subsidiary organs.[2]
The General Assembly meets under its president or Secretary-General in regular yearly sessions the main part of which lasts from September to December and resumed part from January until all issues are addressed (which often is just before the next session's start). It can also reconvene for special and emergency special sessions. Its composition, functions, powers, voting, and procedures are set out inChapter IV of the United Nations Charter.
The first session was convened on 10 January 1946 in the Westminster Central Hallin London and included representatives of 51 nations.
Voting in the General Assembly on important questions, namely, recommendations on peace and security, budgetary concerns and the election, admission, suspension or expulsion of members – is by a two-thirds majority of those present and voting. Other questions are decided by a straightforward majority. Each member country has one vote. Apart from approval of budgetary matters, including adoption of a scale of assessment, Assembly resolutions are not binding on the members. The Assembly may make recommendations on any matters within the scope of the UN, except matters of peace and security under Security Council consideration.[3] Theone state, one vote power structure potentially allows states comprising just five percent of the world population to pass a resolution by a two-thirds vote.[4]
During the 1980s, the Assembly became a forum for the "North-South dialogue": the discussion of issues between industrialized nations and developing countries. These issues came to the fore because of the phenomenal growth and changing makeup of the UN membership. In 1945, the UN had 51 members. It now has 193, of which more than two-thirds are developing countries. Because of their numbers, developing countries are often able to determine the agenda of the Assembly (using coordinating groups like the G77), the character of its debates, and the nature of its decisions. For many developing countries, the UN is the source of much of their diplomatic influence and the principal outlet for their foreign relations initiatives.
Although the resolutions passed by the General Assembly do not have the binding forces over the member nations (apart from budgetary measures), pursuant to itsUniting for Peace resolution of November 1950 (resolution 377 (V)), the Assembly may also take action if the Security Council fails to act, owing to the negative vote of a permanent member, in a case where there appears to be a threat to the peace, breach of the peace or act of aggression. The Assembly can consider the matter immediately with a view to making recommendations to Members for collective measures to maintain or restore international peace and security.[3]
History
The first session of the UN General Assembly was convened on 10 January 1946 in the Westminster Central Hall in London and included representatives of 51 nations. The next few annual sessions were held in different cities: the second session in New York, and the third session was in Paris. It moved to the permanent United Nations Headquarters in New York at the start of its seventh regular annual session, on 14 October 1952. In December 1988, in order to hear Yasser Arafat, the General Assembly organised its 29th session in the Palace of Nations, in Geneva(Switzerland).[6]
Membership
All 193 members states of the United Nations are members of the General Assembly. Further, the United Nations General Assembly may grant observer statusto an international organization, entity or non-member state, which entitles the entity to participate in the work of the United Nations General Assembly, though with limitations.
Agenda
The agenda for each session is planned up to seven months in advance and begins with the release of a preliminary list of items to be included in the provisional agenda.[7] This is refined into a provisional agenda 60 days before the opening of the session. After the session begins, the final agenda is adopted in a plenary meeting which allocates the work to the various Main Committees who later submit reports back to the Assembly for adoption by consensus or by vote.
Items on the agenda are numbered. Regular plenary sessions of the General Assembly in recent years have initially been scheduled to be held over the course of just three months, however additional work loads have extended these sessions to last on through just short of the next session. The routinely scheduled portions of the sessions are normally scheduled to commence on "the Tuesday of the third week in September, counting from the first week that contains at least one working day," as per the UN Rules of Procedure.[8] The last two of these Regular sessions were routinely scheduled to recess exactly three months afterwards[9] in early December, but were resumed in January and extended on until just before the beginning of the following sessions.[10]
Resolutions
The General Assembly votes on many resolutions brought forth by sponsoring states. These are generally statements symbolizing the sense of the international community about an array of world issues. Most General Assembly resolutions are not enforceable as a legal or practical matter, because the General Assembly lacks enforcement powers with respect to most issues. The General Assembly has authority to make final decisions in some areas such as the United Nations budget.
General Assembly Resolutions are generally non-binding on member states, but carry considerable political weight, and are legally binding towards the operations of the General Assembly. The General Assembly can also refer an issue to the Security Council to put in place a binding resolution.
UN budget
The General Assembly also approves the budget of the United Nations, and decides how much money each member state must pay to run the organization.[4]
The Charter of the United Nations gives responsibility for approving the budget to the General Assembly (Chapter IV, Article 17) and for preparing the budget to the Secretary-General, as "chief administrative officer" (Chapter XV, Article 97). The Charter also addresses the non-payment of assessed contributions (Chapter IV, Article 19). The planning, programming, budgeting, monitoring and evaluation cycle of the United Nations has evolved over the years; major resolutions on the process include General Assembly resolutions: 41/213 of 19 December 1986, 42/211 of 21 December 1987, and 45/248 of 21 December 1990.[11]
The budget covers the costs of United Nations programmes in areas such as political affairs, international justice and law, international cooperation for development, public information, human rights and humanitarian affairs.
The main source of funds for the regular budget is the contributions of member states. The scale of assessments is based on the capacity of countries to pay. This is determined by considering their relative shares of total gross national product, adjusted to take into account a number of factors, including their per capita incomes.
In addition to the regular budget, member states are assessed for the costs of the international tribunals and, in accordance with a modified version of the basic scale, for the costs of peacekeeping operations.[12]
Resolution numbering scheme
From the First to the Thirtieth General Assembly sessions, all General Assembly resolutions were numbered consecutively, with the resolution number followed by the session number in Roman numbers (for example, Resolution 1514 (XV), which was the 1514th numbered resolution adopted by the Assembly, and was adopted at the Fifteenth Regular Session (1960)). Beginning in the Thirty-First Session, resolutions are numbered by individual session (for example Resolution 41/10 represents the 10th resolution adopted at the Forty-First Session).
Elections
The General Assembly votes in elections for the ten non-permanent members of the United Nations Security Council; the most recent such election was on 6 December 2013. These elections take place every year, and member states serve two-year terms, with five replaced each year. The candidates are selected by theirregional groups. The General Assembly also elects members of the United Nations Economic and Social Council. It also elects members of the United Nations Industrial Development Organization, and some members of the United Nations Trusteeship Council. The General Assembly appoints the Secretary-General of the United Nations on recommendation of the Security Council, and adopts rules governing the administration of the Secretariat. Along with the Security Council, the General Assembly elects Judges for the International Court of Justice in The Hague.[13]
Special sessions
Special sessions may be convened at the request of the United Nations Security Council, or a majority of UN members, or, if the majority concurs, of a single member. A special session was held on October 1995 at the head of government level to commemorate the UN's 50th anniversary. Another special session was held in September 2000 to celebrate the millennium; it put forward the Millennium Development Goals.A special session was again held to discuss and admit proposals for theHIV/AIDS crisis in 2001.[14] A further special session (2005 World Summit) was held in September 2005 to commemorate the UN's 60th anniversary; it assessed progress on the Millennium Development Goals, and discussed Kofi Annan's In Larger Freedom proposals. Another special session was held in 2014 to discuss Population and Development, following the International Conference on Population and Development Programme of Action.[15]
UNGASS 2016
A further special session was held in 2016 this time on the discussion of the War on Drugs and proposals to reconsider international drug treaties like the Single Convention on Narcotic Drugs as well as how to deal with drug treatment, rehabilitation etc.,[16] the first UN gathering on the subject in 20 years. In 2016, while "some European and South American countries as well as the U.S. favored softer approaches[,] ... countries such as China and Russia and most Muslim nations like Iran, Indonesia and Pakistan remained staunchly opposed" to any move beyond prohibition. One group favoring reform, the Global Commission on Drug Policy and some attendees expressed disappointment with the "status quo" outcome.[17]
Other special sessions
At the first Special Session of the UN General Assembly held in 1947, Osvaldo Aranha, then president of the Special Session, began a tradition that has remained until today whereby the first speaker at this major international forum is always a Brazilian.[19]
If the Security Council fails to act to maintain international peace and security due to a disagreement between its permanent members, the General Assembly has the power to convene an emergency special session and act to ensure peace and security under United Nations General Assembly Resolution 377.
General Debates
Annually, Heads of State, Government or heads of delegations speak at the opening of the new session of the General Assembly during the "General Debate".[20] [21] [22]
The seventieth session of the United Nations General Assembly opened on 15 September 2015.[23] The President of the United Nations General Assembly is from the Western European and Others Group.
Emergency special sessions
The General Assembly may take action on maintaining international peace and security if the United Nations Security Council is unable, usually due to disagreement among the permanent members, to exercise its primary responsibility. If not in session at the time, the General Assembly may meet in emergency special session[24] within 24 hours of the request. Such emergency special sessions are to be called if requested by the UN Security Council on the vote of any seven members, or by a majority of the Members of the United Nations.
The "Uniting for Peace" resolution, adopted 3 November 1950, empowered the Assembly to convene in emergency special session in order to recommend collective measures – including the use of armed force – in the event of a breach of the peace or act of aggression. As with all Assembly resolutions, two-thirds of UN Members 'present and voting' must approve any such recommendation before it can be formally adopted by the Assembly. Emergency special sessions have been convened under this procedure on ten occasions. The two most recent, in 1982 and 1997 through 2009 respectively, have both been on the status of the territories occupied[25] by the State of Israel.
Subsidiary organs
The General Assembly subsidiary organs are divided into five categories: committees (30 total, six main), commissions (six), boards (seven), councils and panels (five), working groups, and "other".
Committees
Main committees
The main committees are ordinally numbered, 1–6:
- The First Committee: Disarmament and International Security (DISEC)
- The Second Committee: Economic and Financial (ECOFIN)
- The Third Committee: Social, Cultural, and Humanitarian (SOCHUM)
- The Fourth Committee: Special Political and Decolonisation (SPECPOL)
- The Fifth Committee: Administrative and Budgetary and general
- The Sixth Committee: Legal.
The roles of many of the main committees have changed over time. Until the late 1970s, the First Committee was the Political and Security Committee (POLISEC) and there was also a sufficient number of additional "political" matters that an additional, unnumbered main committee, called the Special Political Committee, also sat. The Fourth Committee formerly handled Trusteeship and Decolonization matters. With the decreasing number of such matters to be addressed as the trust territoriesattained independence and the decolonization movement progressed, the functions of the Special Political Committee were merged into the Fourth Committee during the 1990s.
Each main committee consists of all the members of the General Assembly. Each elects a chairman, three vice chairmen, and a rapporteur at the outset of each regular General Assembly session.
Other committees
These are not numbered. According to the General Assembly website, the most important[26] are:
- Credentials Committee – This committee is charged with ensuring that the diplomatic credentials of all UN representatives are in order. The Credentials Committee consists of nine Member States elected early in each regular General Assembly session.
- General Committee – This is a supervisory committee entrusted with ensuring that the whole meeting of the Assembly goes smoothly. The General Committee consists of the president and vice presidents of the current General Assembly session and the chairman of each of the six Main Committees.
Other committees of the General Assembly are enumerated.[27]
Commissions
There are six commissions:
- Disarmament Commission, established by GA Resolution 502 (VI) and S-10/2
- International Civil Service Commission, established by GA Resolution 3357 (XXIX)
- International Law Commission, established by GA Resolution 174 (II)
- United Nations Commission on International Trade Law (UNCITRAL), established by GA Resolution 2205 (XXI)
- United Nations Conciliation Commission for Palestine, established by GA Resolution 194 (III)
- United Nations Peacebuilding Commission, established by GA Resolution 60/180 and UN Security Council Resolutions 1645 (2005) and 1646 (2005)
Despite its name, the former United Nations Commission on Human Rights (UNCHR) was actually a subsidiary body of ECOSOC.
Boards
There are seven boards which are categorized into two groups: a) Executive Boards and b) Boards
Executive Boards
- Executive Board of the United Nations Children's Fund [established by GA Resolution 57 (I) and 48/162]
- Executive Board of the United Nations Development Programme and of the United Nations Population Fund [established by GA Resolution 2029 (XX) and 48/162]
- Executive Board of the World Food Programme [established by GA Resolution 50/8]
Boards
- Board of Auditors [established by GA Resolution 74 (I)]
- Trade and Development Board [established by GA Resolution 1995 (XIX)]
- United Nations Joint Staff Pension Board [established by GA Resolution 248 (III)]
- Advisory Board on Disarmament Matters [established by GA Resolution 37/99 K]
Councils and panels
The newest council is the United Nations Human Rights Council, which replaced the aforementioned UNCHR in March 2006.
There are a total of four councils and one panel.[28]
Working Groups and other
There is a varied group of working groups and other subsidiary bodies.[28]
Seating
Countries are seated alphabetically in the General Assembly according to English translations of the countries' names. However, the country which occupies the front-most left position (and hence the countries' seating position in the Assembly) is rotated annually by lot.[20] One country is balloted each year to sit in the front-most left position, and the remaining countries follow alphabetically behind it.[20]
Reform and UNPA
On 21 March 2005, Secretary-General Kofi Annan presented a report, In Larger Freedom, that criticized the General Assembly for focusing so much on consensus that it was passing watered-down resolutions reflecting "the lowest common denominator of widely different opinions." He also criticized the Assembly for trying to address too broad an agenda, instead of focusing on "the major substantive issues of the day, such as international migration and the long-debated comprehensive convention on terrorism". Annan recommended streamlining the General Assembly's agenda, committee structure, and procedures; strengthening the role and authority of its president; enhancing the role of civil society; and establishing a mechanism to review the decisions of its committees, in order to minimize unfunded mandates and micromanagement of the United Nations Secretariat. Annan reminded UN members of their responsibility to implement reforms, if they expect to realize improvements in UN effectiveness.[29]
The reform proposals were not taken up by the United Nations World Summit in September 2005. Instead, the Summit solely affirmed the central position of the General Assembly as the chief deliberative, policymaking and representative organ of the United Nations, as well as the role of the Assembly in the process of standard-setting and the codification of international law. The Summit also called for strengthening the relationship between the General Assembly and the other principal organs to ensure better coordination on topical issues that required coordinated action by the United Nations, in accordance with their respective mandates.
A United Nations Parliamentary Assembly, or United Nations People's Assembly (UNPA), is a proposed addition to the United Nations System that eventually could allow for direct election of UN parliament members by citizens all over the world.
In the General Debate of the 65th General Assembly, Jorge Valero, representingVenezuela, said "The United Nations has exhausted its model and it is not simply a matter of proceeding with reform, the twenty-first century demands deep changes that are only possible with a rebuilding of this organisation." He pointed to the futility of resolutions concerning the Cuban embargo and the Middle East conflict as reasons for the UN model having failed. Venezuela also called for the suspension of veto rights in the Security Council because it was a "remnant of the Second World War [it] is incompatible with the principle of sovereign equality of States."[30]
Reform
Reform of the United Nations General Assembly includes proposals to change the powers and composition of the U.N. General Assembly. This could include, for example, tasking the UNGA with evaluating how well member states implement UNGA resolutions,[31] increasing the power of the assembly vis-à-vis the United Nations Security Council, or making debates more constructive and less repetitive.[32]
See also
- History of the United Nations
- List of current Permanent Representatives to the United Nations
- United Nations Interpretation Service
- United Nations System
- Reform of the United Nations
Notes
- CHARTER OF THE UNITED NATIONS: Chapter IV. UN.org.
- General Assembly: Subsidiary organs at UN.org.
- General Assembly of the United Nations. Un.org. Retrieved on 12 July 2013.
- Population, total | Data | Table. Data.worldbank.org. Retrieved on 12 July 2013.
- "History of the United Nations 1941 - 1950". United Nations. Retrieved 12 March2015.
- (French) "Genève renoue avec sa tradition de ville de paix", Le Temps, Thursday 16 January 2014.
- "Research Guide: General Assembly". United Nations.
- UN General Assembly – Rules of Procedure – Sessions
- General Assembly Adopts Work Programme for Sixty-Fourth Session, UN General Assembly Adopts Work Programme for Sixty-Fourth Session
- UN Plenary Meetings of the 64th Session of the UN General Assembly, General Assembly of the UN
- UN Security Council : Resolutions, Presidential Statements, Meeting Records, SC Press Releases. Un.org. Retrieved on 12 July 2013.
- United Nations Department of Management. Un.org. Retrieved on 12 July 2013.
- Grolier: The New Book of Knowledge (Encyclopedia), book U/V, Article: United Nations (pg. 65), article by Leland Goodrich
- "UN GA Special Session on HIV/AIDS". www.un.org. Retrieved 2015-12-16.
- "Event: Special Session of the General Assembly on the Follow-Up to the Programme of Action of the ICPD | Sustainable Development Policy & Practice | IISD Reporting Services". sd.iisd.org. Retrieved 2015-12-16.
- "Special Session of the General Assembly UNGASS 2016". www.unodc.org. Retrieved 2015-12-16.
- Fassihi, Farnaz, "U.N. Conference on Drugs Ends Without Shift in Policy", Wall Street Journal, April 22, 2016. Retrieved 2016-04-25.
- "Brazil’s President Rousseff to be First Woman to Open United Nations". Fox News. 20 September 2011. Retrieved 29 September 2015.
- "Historical Personalities and Diplomats: Oswaldo Aranha". Brazilian Ministry of External Relations.
- "Thailand's name picked to set seating arrangement for General Assembly session". United Nations. 2 August 2005.
- "UN: King Felipe VI of Spain and Ban Ki-moon Discuss Western Sahara". Morocco World News. 24 September 2014. Retrieved 25 September 2014.
- "In U.N. Speech, Obama Vows to Fight ISIS ‘Network of Death’". New York Times. 24 September 2014. Retrieved 25 September 2014.
- http://www.un.org/ga/search/view_doc.asp?symbol=A/INF/67/1
- UNGA Emergency Special Sessions. UN.org.
- Tenth Emergency Special Session. Un.org. Retrieved on 13 november 2014.
- http://www.un.org/ga/61/background/committees.shtm
- Subsidiary Organs of the General Assembly, UN General Assembly – Subsidiary Organs of the General Assembly – Commities
- UN General Assembly – Subsidiary Organs of the General Assembly
- "In Larger Freedom, Chapter 5". United Nations.
- "Statement by Ambassador Jorge Valero Deputy-Minister for North America and Permanent Representative of the Bolivarian Republic of Venezuela to the United Nations at the 65th Session of the Plenary of the United Nations General Assembly. New York, September 29, 2010".
- "REVITALIZATION OF THE WORK OF THE GENERAL ASSEMBLY" (PDF). Globalpolicy.org. Retrieved 11 January 2015.
- "The Role of the UN General Assembly". Council on Foreign Relations. Retrieved11 January 2015.
External links
- United Nations General Assembly
- Verbatim record of the 1st session of the UN General Assembly, Jan. 1946
- UN Democracy: hyper linked transcripts of the United Nations General Assembly and the Security Council
- UN General Assembly – Documentation Research Guide
- Council on Foreign Relations: The Role of the UN General Assembly
United Nations General Assembly resolution
A United Nations General Assembly Resolution is voted on by all member states of the United Nations in the General Assembly.
General Assembly resolutions usually require a simple majority (50 percent of all votes plus one) to pass. However, if the General Assembly determines that the issue is an "important question" by a simple majority vote, then a two-thirds majority is required; "important questions" are those that deal significantly with maintenance of international peace and security, admission of new members to the United Nations, suspension of the rights and privileges of membership, expulsion of members, operation of the trusteeship system, or budgetary questions.
Although General Assembly resolutions are generally non-binding towards member states, internal resolutions may be binding on the operation of the General Assembly itself, for example with regard to budgetary and procedural matters.
Notable General Assembly resolutions
- 1946
- Resolution 1: Established the United Nations Atomic Energy Commission(UNAEC) "to deal with the problems raised by the discovery of atomic energy" and tasked to "make specific proposals... for the elimination from national armaments of atomic weapons and of all other major weapons adaptable to mass destruction", among other issues regarding nuclear technology.
- 1947
- Resolution 177: International Law Commission was directed to "formulate the principles of international law recognized in the Charter of the Nuremberg Tribunal and in the judgment of the Tribunal." This resulted in the creation of the Nuremberg Principles.
- Resolution 181: The 1947 UNGA 'Partition resolution' regarding the British Mandate of Palestine.
- 1948
- Resolution 194: Recommends the "Right of return" for Palestinian refugeesand for Jewish refugees.
- Resolution 217: Universal Declaration of Human Rights
- Resolution 260: Convention on the Prevention and Punishment of the Crime of Genocide.
- 1949
- Resolution 273: Admits the State of Israel to membership in the United Nations.
- Resolution 289: On the Question of the disposal of the former Italian colonies: recommending that Libya should be independent not later than January 1, 1952[1]
- 1950
- Resolution 377 A: The "Uniting for Peace" Resolution
- 1951
- Resolution 498: calling on the People's Republic of China to cease all hostilities on the Korean peninsula... its armed forces continue their invasionof Korea and their large-scale attacks upon United Nations forces there...has itself engaged in aggression in Korea[2] [3] [4]
- Resolution 500: Recommend general trade embargo against People's Republic of China and North Korea for their aggression in Korea[4]
- 1952
- Resolution 505: Threats to the political independence and territorial integrity of China (Republic of China) and to the peace of the Far East, resulting fromSoviet violations of the Sino-Soviet Treaty of Friendship and Alliance of 14 August 1945 and from Soviet violations of the Charter of the United Nations
- 1955
- Resolution 977(X): Establishing the United Nations Memorial Cemetery inBusan, South Korea for United Nations Command casualties of the Korean War.[5]
- 1960
- Resolution 1514: Declaration on the granting of independence to colonialcountries and peoples.
- Resolution 1541: United Nations definition of what a colony is, and what self-determination is. Principles which should guide Members in determining whether or not an obligation exists to transmit the information called for under Article 73 e of the Charter.
- 1961
- Resolution 1631: Admission of Mauritania to membership in the United Nations.
- 1962
- Resolution 1761: Recommended sanctions against South Africa in response to the governments policy of apartheid.
- 1963
- Resolution 1962: One of the earliest resolutions governing Outer space.
- Resolution 1991: Amended the UN Charter, enlarging the Security Council to fifteen members.
- 1971
- Resolution 2758: Expelled the Republic of China and replaced it with thePeople's Republic of China. It also recognized the PRC as the sole legal authority of China. (See China and the United Nations)
- 1972
- Resolution 3010: Adopted to make the year 1975 International Women's Year.
- 1973
- Resolution 3068: International Convention on the Suppression and Punishment of the Crime of Apartheid adopted and opened for signature, and ratification by Resolution 3068, 30 November 1973, and entered into force on 18 July 1976.
- 1974
- Resolution 3275: Adopted 1975, International Women's Year, as a period of intensified action with regards to equal rights and recognition of women.
- Resolution 3314: Defined aggression.
- 1975
- Resolution 3379: Zionism is a form of racism and racial discrimination; revoked by Resolution 46/86.
- Resolution 3520: Adopted the World Plan of Action and related resolutions from the International Women's Year Conference.
- 1976
- Resolution 31/72: Adopted the 1977 Environmental Modification Convention
- Resolution 31/136: Adopted the period from 1976 to 1985 as the United Nations Decade for Women: Equality, Development and Peace.
- 1978
- Resolution 33/75: Urges the Security Council, especially its permanent members, to take all necessary measures for insuring UN decisions on he maintenance of international peace and security. United States and Israel were the only no vote.
- 1979
- Resolution 34/37: Deplored Moroccan occupation of Western Sahara and urged to terminate it.
- 1981
- United Nations General Assembly Resolution 36/3: Admission of Belize to membership in the United Nations.[6]
- 1989
- Resolution 44/34: The UN Mercenary Convention
- 1991
- Resolution 46/86: revoked Resolution 3379.
- 1993
- Resolution 47/121: condemned ethnic cleansing of the Bosnian Muslims by the Bosnian Serbs as genocide, (fourteen years later the International Court of Justice ruled in the Bosnian Genocide Case of 2007, that ethnic cleansing was not enough in itself to be genocide, but that there must also be intent to kill a substantial part of the targeted group by the perpetrators).
- Resolution 48/114: Emergency international assistance to refugees and displaced persons in Azerbaijan.
- 2000
- Resolution 55/56: Introduced a process to certify the origin of rough diamonds from sources that are conflict-free
- 2006
- Resolution 60/285: The situation in the occupied territories of Azerbaijan.
- 2007
- Resolution 61/295: Establishes the Declaration on the Rights of Indigenous Peoples.
- Resolution 61/255: Condemned without any reservation any denial of the Holocaust[7]
- Resolution 62/149: Called for a universal moratorium on Capital Punishmentwith a view to total abolition, and in the meantime, respect for the rights of those on death row. Calls on states which have abolished the death penalty not to reintroduce it.
- 2008
- Resolution 62/63: Criminal Accountability of UN Officials and Experts on Mission.
- Resolution 62/243: The situation in Nagorno-Karabakh.
- 2012
- Resolution 67/19: Recognising the State of Palestine as a non-member observer state.
- 2014
- Resolution 68/262: Territorial integrity of Ukraine.
- 2015
- Resolution 69/292 - Development of an international legally-binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.[8]
See also
References
- "General Assembly Resolutions 4th Session". Un.org. Retrieved 2012-05-02.
- UNITED NATIONS GENERAL ASSEMBLY RESOLUTION 498(V)
- Defining International Aggression
- John Kuo-Chang Wang, United Nations voting on Chinese representation: An analysis of General Assembly roll-calls, 1950-1971
- "977(X). Establishment and maintenance of a United Nations Memorial Cemetery in Korea" (PDF). General Assembly – Tenth Session; 557th plenary meeting. United Nations. 15 December 1955. pp. 37–38.; also see: United Nations Juridical Yearbook 2003. p. 554. ISBN 978-9211337679
- http://research.un.org/en/docs/ga/quick/regular/36
- ODS Team. "Text of 61/255" (PDF). Documents-dds-ny.un.org. Retrieved 2012-05-02.
- http://www.un.org/en/ga/69/resolutions.shtml
External links
- Complete list and text of all resolutions
- How to Find General Assembly and Security Council Resolutions and Voting Records
United Nations resolution
A United Nations resolution (UN resolution) is a formal text adopted by a United Nations (UN) body. Although any UN body can issue resolutions, in practice most resolutions are issued by the Security Council or the General Assembly.
Legal status
Most experts[1] consider most General Assembly resolutions to be non-binding. Articles 10 and 14 of the UN Charter refer to General Assembly as "recommendations"; the recommendatory nature of General Assembly resolutions has repeatedly been stressed by the International Court of Justice.[2] However, some General Assembly resolutions dealing with matters internal to the United Nations, such as budgetary decisions or instructions to lower-ranking organs, are clearly binding on their addressees.
Under Article 25 of the Charter, UN member states are bound to carry out "decisions of the Security Council in accordance with the present Charter". Resolutions made under Chapter VII are considered binding, but resolutions under Chapter VI have no enforcement mechanisms and are generally considered to have no binding force under international law. In 1971, however, a majority of the then International Court of Justice (ICJ) members asserted in the non-binding Namibia advisory opinion that all UN Security Council resolutions are legally binding.[3] This assertion by the ICJ has been countered by Erika De Wet and others.[4] De Wet argues that Chapter VI resolutions cannot be binding. Her reasoning, in part states:
Allowing the Security Council to adopt binding measures under Chapter VI would undermine the structural division of competencies foreseen by Chapters VI and VII, respectively. The whole aim of separating these chapters is to distinguish between voluntary and binding measures. Whereas the pacific settlement of disputes provided by the former is underpinned by the consent of the parties, binding measures in terms of Chapter VII are characterised by the absence of such consent. A further indication of the non-binding nature of measures taken in terms of Chapter VI is the obligation on members of the Security Council who are parties to a dispute, to refrain from voting when resolutions under Chapter VI are adopted. No similar obligation exists with respect to binding resolutions adopted under Chapter VII... If one applies this reasoning to the Namibia opinion, the decisive point is that none of the Articles under Chapter VI facilitate the adoption of the type of binding measures that were adopted by the Security Council in Resolution 276(1970)... Resolution 260(1970) was indeed adopted in terms of Chapter VII, even though the ICJ went to some length to give the opposite impression.[5]
In practice, the Security Council does not consider its decisions outside Chapter VII to be binding.[4]
It has been proposed that a binding triad of conditions—a supermajority of the number of nations voting, whose populations and contributions in dues to the UN budget form a majority of the total—make a General Assembly resolution binding on all nations; the proposal has gone nowhere.
For more information on specific resolutions, see:
Structure of a resolution
United Nations resolutions follow a common format. Each resolution has three parts: the heading, the preambular clauses, and the operative clauses. The entire resolution consists of one long sentence, with commas and semi-colons throughout, and only one period at the very end. The heading contain the name of the body issuing the resolution (be it the Security Council, the General Assembly, a subsidiary organ of the GA, or any other resolution-issuing organization), which serves as the subject of the sentence; the preambular clauses (also called preambular phrases) indicating the framework through which the problem is viewed, as a preamble does in other documents; and the operative clauses (also called operative phrases) in which the body delineates the course of action it will take through a logical progression of sequentially numbered operative clauses(if it is the Security Council or a UN organ making policy for within the UN) or recommends to be taken (in many Security Council resolutions and for all other bodies when acting outside the UN). Each operative clause calls for a specific action.
The last operative clause, at least in the Security Council, is almost always "Decides [or Resolves] to remain seized of the matter," (sometimes changed to "actively seized"). The reasoning behind this custom is somewhat murky, but it appears to be an assurance that the body in question will consider the topic addressed in the resolution in the future if it is necessary. In the case of Security Council resolutions, it may well be employed with the hope of prohibiting the UNGA from calling an 'emergency special session' on any unresolved matters,[6] under the terms of the 'Uniting for Peace resolution', owing to the Charter stipulation in Article 12 that: "While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation."
The preambular and operative clauses almost always start with verbs, sometimes modified by adverbs then continue with whatever the body decides to put in; the first word is always either italicized or underlined. However, preambular clauses are unnumbered, end with commas, and sometimes do begin with adjectives; operative clauses are numbered, end with semicolons (except for the final one, which ends with a full stop/period), and never begin with adjectives.
The name of the issuing body may be moved from above the preambular clauses to below them; the decision to do so is mostly stylistic, and the resolution still comprises a coherent sentence.
Types
United Nations resolutions can be both substantive resolutions and procedural resolutions.
In additions, resolutions can be classified upon from which organ they originate, e.g.:
References
- e.g. Higgins (1994) p. 21
- Sergei A. Voitovich, International Economic Organizations in the Internatio xczcnal Legal Process, p. 95. Martinus Nijhoff Publishers, 1995. ISBN 0-7923-2766-7
- Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion of 21 June 1971 at paragraphs 87-116, especially 113: "It has been contended that Article 25 of the Charter applies only to enforcement measures adopted under Chapter VII of the Charter. It is not possible to find in the Charter any support for this view. Article 25 is not confined to decisions in regard to enforcement action but applies to "the decisions of the Security Council" adopted in accordance with the Charter. Moreover, that Article is placed, not in Chapter VII, but immediately after Article 24 in that part of the Charter which deals with the functions and powers of the Security Council. If Article 25 had reference solely to decisions of the Security Council concerning enforcement action under Articles 41 and 42 of the Charter, that is to say, if it were only such decisions which had binding effect, then Article 25 would be superfluous, since this effect is secured by Articles 48 and 49 of the Charter."
- "The International Court of Justice took the position in the Namibia Advisory Opinion that Art. 25 of the Charter, according to which decisions of the Security Council have to be carried out, does not only apply in relation to chapter VII. Rather, the court is of the opinion that the language of a resolution should be carefully analysed before a conclusion can be drawn as to its binding effect. The Court even seems to assume that Art. 25 may have given special powers to the Security Council. The Court speaks of "the powers under Art. 25". It is very doubtful, however, whether this position can be upheld. As Sir Gerald Fitzmaurice has pointed out in his dissenting opinion: "If, under the relevant chapter or article of the Charter, the decision is not binding, Article [69/70] 25 cannot make it so. If the effect of that Article were automatically to make all decisions of the Security Council binding, then the words 'in accordance with the present Charter' would be quite superfluous". In practice the Security Council does not act on the understanding that its decisions outside chapter VII are binding on the States concerned. Indeed, as the wording of chapter VI clearly shows, non-binding recommendations are the general rule here." Frowein, Jochen Abr. Völkerrecht - Menschenrechte - Verfassungsfragen Deutschlands und Europas, Springer, 2004, ISBN 3-540-23023-8, p. 58.
- De Wet, Erika. The Chapter VII Powers of the United Nations Security Council, Hart Publishing, 2004, ISBN 1-84113-422-8, pp. 39-40.
- US to UN: Butt out, GreenPeace.org, 10 April 2003
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