This article is written by Maturi Krishna Keerthana of 4th Semester of ICFAI Law School, Hyderabad
ABSTRACT:
This paper gives a detailed study on what is the united nation general assembly and what is united nation security council and what are the type of the resolutions taken by them and the recent resolutions adapted by them
Keywords: UNGA, UNSC, security council, general assembly, resolutions.
INTRODUCTION:
The United Nations General Assembly (UNGA) is the Organization’s primary policy-making body. It is made up of all Member States and serves as a unique forum for multilateral discourse on the whole spectrum of international problems covered by the United Nations Charter. Each of the 193 member nations of the United Nations has one vote. The UNGA also takes critical decisions for the UN, including selecting the Secretary-General based on the Security Council’s recommendation Electing non-permanent members of the Security Council and approving the UN budget[1]
The Security Council bears the primary responsibility for sustaining international peace and security. It is composed of 15 members, each of whom gets one vote. The United Nations Charter requires all Member States to comply with Council decisions. The Security Council is in charge of determining if there is a threat to peace or an act of aggression. It encourages the parties to a conflict to settle it amicably and proposes methods of adjustment or settlement terms. In order to maintain or restore international peace and security, the Security Council may impose sanctions or even authorise the use of force in certain circumstances. [2]
UNGA – UNITED NATION GENERAL ASSEMBLY.
The General Assembly, created in 1945 under the United Nations Charter, is the United Nations’ principal deliberative, policymaking, and representative entity. It is composed of all 193 United Nations members and serves as a unique forum for multilateral discourse on the full spectrum of international issues addressed by the Charter. It also plays an essential role in the processes of standard-setting and codification of international law.
The Assembly meets each year from September to December (major part) and then from January to September (resumed portion), if needed, to review pending findings from the Fourth and Fifth Committees, among other things. During the resumed segment of the session, the Assembly also discusses current issues through high-level topical discussions sponsored by the President of the General Assembly. In preparation for the passage of new resolutions, the Assembly has generally undertaken informal discussions on a wide range of substantive matters during this time.
The Assembly makes recommendations to countries on international issues that fall under its purview. It has also undertaken initiatives in all pillars of the United Nations, including political, economic, humanitarian, social, and legal issues. In September 2015, the Assembly adopted a set of 17 Sustainable Development Goals, which were included in the outcome document of the United Nations Summit to adopt the post-2015 development agenda (resolution 70/1, titled “Transforming Our World: the 2030 Agenda for Sustainable Development”). The Assembly organised a series of sessions in 2022 to review the Secretary-General’s suggestions in his report [link] titled “Our Common Agenda,” an action agenda aimed at enhancing and expediting international accords, including the 2030 Agenda.
The General Assembly may, according to the United Nations Charter,
Consider and approve the United Nations budget, as well as make budgetary assessments for Member States.
Elect non-permanent members of the Security Council as well as members of other United Nations bodies and institutions, and nominate the Secretary-General on the Security Council’s recommendation.
Consider and provide recommendations on broad cooperation principles for maintaining international peace and security, such as disarmament.
Unless a dispute or situation is currently being reviewed by the Security Council, the Security Council will discuss and offer recommendations on any topic involving international peace and security.
Discuss and provide ideas on any issues within the scope of the Charter or affecting the authority and functions of any United Nations body, with the same exception.
Initiate studies and make recommendations to promote international political cooperation, the development and codification of international law, the realisation of human rights and fundamental freedoms, and international collaboration in the economic, social, humanitarian, cultural, educational, and health fields.
Make suggestions for peaceful resolution of any situation that may risk friendly relations between countries.
Consider the reports of the Security Council and other United Nations entities.
When the Security Council fails to act because a permanent member votes no, the Assembly may step in. In such instances, the Assembly, in accordance with its “Uniting for Peace” resolution of 3 November 1950, may swiftly assess the situation and recommend to its Members collective actions to maintain or restore global peace and security.
Decision making:
Each of the 193 Assembly members has one vote. Votes on significant issues, such as peace and security initiatives, the election of Security Council and Economic and Social Council members, and budgetary problems, need a two-thirds majority of Member States, whilst minor topics are decided by a simple majority. Having said that, the majority of resolutions are approved without a vote (i.e., by agreement) after informal discussions among Member States in which concepts are debated.
Revitalization of the work of the General Assembly
There has been a determined effort to make the work of the General Assembly more focused and relevant. This was identified as a priority during the 58th session, and efforts to streamline the agenda, improve the practises and working methods of the Main Committees, strengthen the role and authority of the President, and examine the Assembly’s role in the Secretary-General selection process continued at subsequent sessions.
Another direct effect of the revitalization initiative is the convening of high-level subject conversations.
On a regular basis, the Secretary-General has briefed Member States on his recent activities and travels at informal General Assembly sessions. These briefings have been a popular venue for the Secretary-General and Member States to exchange ideas.
UNGA resolutions are decisions made by the United Nations General Assembly, which is the main deliberative, policymaking, and representative organ of the United Nations. These resolutions address a wide range of global issues and are distinct from the legally binding resolutions of the UN Security Council.
Types of Resolutions:
UNGA resolutions can be broadly categorized into two types:
1. Substantive Resolutions: These resolutions address significant issues and provide recommendations, opinions, or guidelines on various topics such as human rights, development, disarmament, and global challenges. They express the collective will and position of the member states.
2. Procedural Resolutions: These resolutions deal with the internal workings of the General Assembly, including adopting the agenda, establishing committees, and determining procedural rules for meetings and decision-making.
Voting and Passage:
In the UNGA, each member state has one vote. Most resolutions are passed through a two-thirds majority of the member states present and voting. However, some important issues, such as those related to peace and security, budgetary matters, and admission of new members, require a two-thirds majority of all UN member states.
Non-binding Nature:
Unlike UNSC resolutions, UNGA resolutions are non-binding. They serve as expressions of member states’ collective opinions, recommendations, and aspirations. While non-binding, these resolutions hold significant political weight and influence global discourse on various issues.
Agenda Setting and Policy Guidance:
UNGA resolutions play a crucial role in setting the agenda for the General Assembly and its subsidiary bodies. They provide policy guidance and promote action on important global matters, including peace and security, human rights, sustainable development, and international cooperation.
Promoting International Norms:
UNGA resolutions contribute to the development and promotion of international norms and standards. They often establish frameworks, principles, and guidelines for addressing pressing global challenges, fostering consensus and cooperation among member states.
Addressing Global Issues:
UNGA resolutions cover a wide range of global issues, including but not limited to human rights, disarmament, poverty eradication, climate change, gender equality, and education. They provide a platform for member states to collectively discuss and coordinate efforts to address these challenges.
Universal Participation:
All UN member states have the opportunity to participate in the deliberation and decision-making process of UNGA resolutions. This inclusivity ensures that diverse perspectives and voices are heard and considered in shaping global policies and initiatives.
Follow-up and Implementation:
Member states are encouraged to implement UNGA resolutions voluntarily, although compliance is not legally binding. The resolutions may call for specific actions, initiatives, or reporting mechanisms to monitor progress and implementation.
In summary, UNGA resolutions are decisions made by the General Assembly that address a wide range of global issues. While non-binding, they express member states’ collective will and aspirations, provide policy guidance, promote international norms, and shape the global agenda. These resolutions foster cooperation, encourage action, and facilitate discussions on pressing global challenges, contributing to the work of the United Nations in promoting peace, development, and human rights.[3]
UNSC – UNITED NATION SECURITY COUNCIL
The United Nations Security Council (UNSC) is one of the United Nations (UN)’s six core organizations [2] and is in charge of ensuring international peace and security, nominating new UN members to the General Assembly, and approving any revisions to the UN Charter.[5] It can organise peacekeeping operations, impose international sanctions, and approve military action. The United Nations Security Council is the only UN body with the authority to enforce binding resolutions on member states.
China, France, Russia, the United Kingdom, and the United States are the five permanent members of the Security Council. These are the major powers that prevailed in WWII (or their successor governments). Permanent members have the power to veto (block) any substantive Security Council decision, including those on admitting new member states to the UN or nominating candidates for Secretary-General. This veto authority does not apply to any issue or vote in a General Assembly or an extraordinary session of the General Assembly. The remaining ten members are appointed for two-year terms on a regional basis. The body’s presidency is rotated among its members on a monthly basis.
Resolutions of the Security Council are typically enforced by UN peacekeepers, which consist of military forces voluntarily provided by member states and funded independently of the main UN budget. As of November 2021, there have been 12 peacekeeping missions with over 87,000 personnel from 121 countries, with a total budget of approximately $6.3 billion
The UN Charter defines the UN’s role in international collective security, authorising the Security Council to investigate any situation threatening international peace; recommend procedures for peaceful dispute resolution; call on other member nations to completely or partially suspend economic relations as well as sea, air, postal, and radio communications, or sever diplomatic relations; and enforce its decisions militarily or by any means necessary. The Security Council also recommends to the General Assembly a new Secretary-General and new governments for admission as United Nations member states.[51][52] The Security Council’s purpose has typically been considered as involving just military security, but in 2007, US Ambassador Richard Holbrooke controversially persuaded the council to endorse a resolution on HIV/AIDS in Africa.
UNSC resolutions are decisions made by the United Nations Security Council to maintain global peace and security. They come in two types: substantive and procedural. Substantive resolutions provide guidelines and actions to address conflicts and threats to peace. They can authorize the use of force, impose sanctions, establish peacekeeping missions, or call for diplomatic negotiations. Procedural resolutions deal with internal Council matters, such as setting rules of procedure or appointing individuals for specific tasks.
To pass a resolution, at least nine out of the 15 Council members must vote in favor, including all five permanent members (China, France, Russia, the United Kingdom, and the United States). Permanent members have veto power, meaning they can block a resolution from passing even if it has majority support. This veto power ensures that major powers have a say in important decisions.
Once a resolution is adopted, it becomes legally binding for all member states. This means they must follow the resolutions’ provisions. Non-compliance can lead to diplomatic pressure, economic sanctions, or even authorized military action by the Council. Resolutions are crucial for maintaining international law and promoting global stability.
Sanctions are one of the tools used in resolutions. The Council can impose economic and diplomatic measures on countries, entities, or individuals involved in activities that threaten peace. Sanctions can include trade restrictions, travel bans, asset freezes, or arms embargoes. The goal is to change the behavior of targeted entities and encourage compliance with international law.
Peacekeeping missions are another important aspect of UNSC resolutions. The Council can authorize the deployment of UN peacekeepers to regions facing conflicts or threats to peace. These missions aim to facilitate peaceful resolutions, protect civilians, monitor ceasefires, and help restore stability. Member states contribute troops and resources voluntarily to these missions.
Chapter VII resolutions hold significant authority. They allow the Council to take measures, including the use of force, to maintain or restore peace and security. Chapter VII resolutions can impose sanctions, establish no-fly zones, authorize military interventions, or create other measures deemed necessary. However, the use of force requires a separate resolution and peaceful options must be exhausted or deemed unlikely to succeed.
Member states are required to provide periodic reports on the implementation of resolutions relevant to their specific situations. This reporting allows the Council to assess progress, identify challenges, and determine further actions if needed.
In summary, UNSC resolutions are decisions that the Security Council makes to maintain global peace and security. They can authorize military actions, impose sanctions, establish peacekeeping missions, and address various threats to peace. Resolutions are legally binding, and member states must comply with them. They play a crucial role in international affairs and promote stability and cooperation among nations.[4]
Conclusion:
The most effective technique for reducing human suffering and the enormous economic costs of war and its aftermath is to prevent them entirely. Through diplomacy, good offices, and mediation, the United Nations plays a crucial role in conflict prevention. Among the strategies employed by the Organisation to promote peace are special envoys and political missions in the field. In many regions of the world, the United Nations Secretary-General has Special and Personal Representatives, Envoys, and Advisers. The UNGA is an essential component of the United Nations. It is the main governing body of the organisation and the most represented entity in the UN. These resolutions are critical because they aid in the restoration of peace.
[1] GENERAL ASSEMBLY OF UNITED NATIONS available at < https://www.un.org/en/ga/> last visited on 25 June 2023
[2] UNITED NATIONS SECURITY COUNCIL available at < https://www.un.org/securitycouncil/> last visited on 25 June 2023
[3] “United Nations General Assembly.” Wikipedia, Wikimedia Foundation, 15 Jun. 2023, en.wikipedia.org/wiki/United_Nations_General_Assembly. Accessed 18 Jun. 2023.
[4] “United Nations Security Council.” Wikipedia, Wikimedia Foundation, 14 Jun. 2023, en.wikipedia.org/wiki/United_Nations_Security_Council. Accessed 18 Jun. 2023.
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