Functions of United Nations General Assembly

Project Submitted

To

Mr. Amirthalingam

International Law

Tamil Nadu national law school,

Tiruchirrapalli-9

Abhilash G

BA0130001

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 Declaration

I do hereby declare that the project entitled Functions of United Nations General
Assembly submitted to Tamil Nadu National law school in partial fulfilment of requirement
of award of degree in undergraduate in law is a record of original work done by me under the
supervision and guidance of Mr. Amirthalingam (mentor) department of International Law
of Tamil Nadu National law school and has not formed basis for award of any degree or
diploma or fellowship or any other title to any candidate of any university.

Place: Trichy

Date: 29/5/2016

Abhilash G

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CONTENTS

1. Chapter I
1.1. Introduction ...................................................................................................... 4
2. Chapter II
2.1. General assembly of UNO ............................................................................... 6
2.2. Membership ..................................................................................................... 6
2.3. Voting .............................................................................................................. 6
2.4. Sessions ........................................................................................................... 7
3. Chapter III
3.1. Main Committees of General Assembly ......................................................... 8
4. Chapter IV
4.1. Functions and Powers of the General Assembly ............................................. 9
5. Chapter V
5.1. The United Nation General Assembly and its role of peace keeping............... 11
5.2. The Uniting for peace resolution ................................................................... 11
5.3. General Assembly in peacekeeping ................................................................. 13
5.4. General Assembly need a to reform ................................................................. 14
6. Conclusion .............................................................................................................. 16
7. Bibliography ........................................................................................................... 17

CHAPTER I

Introduction

The General Assembly is the main deliberative organ of the UN and is composed of
representatives of all Member States. The work of the United Nations year-round derives
largely from the mandates given by the General Assembly. The General Assembly is

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comprised of 193 Member States. The General Assembly contains a number of subsidiary
bodies, including committees, working groups, and other boards and councils that also
produce a number of important documents.

Potential research topics can vary as the General Assembly discusses many different topics
and issues. The GA is an excellent resource for aid efforts regarding contemporary and
popular issues, for example the earthquakes in Haiti and Japan.

Sixty years Before, The United Nations General Assembly has been a debate over the world's
most troublesome matters; it also manages from poverty to peace and security. It is of the
UNs main principal organs. As it comprises of 193 member states and provides as a unique
forum for joint and intergovernmental conversation of the full range and negotiation on all of
the international matters enclosed by the Charter. The General Assembly (GA) it deals with
significant issues are many of them interlinked in which it is related to growth, disarmament,
education, environment, health, humanitarian assistance, human rights, and counter-terrorism
and many. Useful policymaking in all these areas by the General Assembly is clearly of vital
significance to the peoples of the world.

It plays a very important role in the performance of United Nations and its a range of organs.
There are various functions exercised by the general assembly in all division of United
Nations but there are confident boundaries too which sometimes makes its policies
unproductive on the world level. To make the General Assembly more effective, efficient, and
relevant, Member states have been discussing about the new life of its work for nearly 17
years.

Objectives of the Title:

The main objective of this paper will be to examine the content, status and growth of United
Nation General Assembly. Also, to what extent the goals have been achieved and discuss
about the future agreements. It will be examined as to how the member states have
contributed in terms of nuclear weapons and its stability.

Research Questions:

1. Is the General Assembly in need of reform?

2. Does UN general assembly play a vital importance in different facets of international
norms?

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RESEARCH METHODOLOGY:-

The research methodology adopted is purely doctrinal in nature. The present research study
has been done with the help of Secondary sources such as standard texts, Journals,
Periodicals. Further, it is basically descriptive, comparative and fundamental, qualitative and
appraisal oriented research (at places conceptual) which deploys deductive logical reasoning
for elaborating the reasons of the exhaustive interpretation.

CHAPTER II

General Assembly of UNO: The United Nations General Assembly is one among the six
principal organs of the United Nations and the only one in which all member states has equal
participation. The General Assembly co-ordinates under its president or General secretary in
regular yearly programme and the main part of which extends from September to December
and resumed part from January until all issues are addressed. It can also be reorganised for

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special and emergency particular sessions.1 Its work of art, functions, powers, voting, and
actions are set out in Chapter IV of the United Nations Charter. The first session was
organised on 10 January 1946 in the Westminster Central Hall in London and included
representatives of 51 nations.2

Membership: The General Assembly is the only organ of the United Nations that represents
all 193 member states. Any enquiry connecting international peace and security may be
brought before the General Assembly by a member or even by a non-member state. As the
members represent many different political, economic, and social views as to domestic and
international policies there seems every reason to expect a wide variety of opinion in debate.
No enquiry of international apprehension seems indeed to lie outside the General Assembly's
role as a discussion of world opinion. In addition, the UN's non-member observer states,
which include the Vatican and the Palestinian Authority have the right to speak at assembly
meetings but cannot vote on resolutions.3

Voting: Each member of the General Assembly shall have one vote. 4 Voting in the General
Assembly the most important subject for questions and are recommendations on peace and
security election of members to organs admittance, postponement and exclusion of members
budgetary matters and also it is by a two-thirds majority of those present and voting. Other
questions are determined by majority vote. Apart from sanction of budgetary matters,
including acceptance of a scale of evaluation, Assembly resolutions will not be 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. The one
power structure theoretically allows states comprising just eight percent of the world
population to pass a resolution by a two-thirds vote. Often voting blocs are formed around
groups such as the G77, a loose coalition of member states from the developing world. The

1 United Nations General Assembly, available at, https://www.britannica.com/topic/United-Nations-

General-Assembly last accessed on 26-5-2017

2 The Role of the UN General Assembly, available at, https://www.cfr.org/backgrounder/role-un-

general-assembly, last accessed on 26-5-2017

3 WHAT WE DO: THE GENERAL ASSEMBLY, available at, http://www.unfoundation.org/what-we-

do/issues/united-nations/the-general-assembly.html last accessed on 15-5-2017

4 Article 18, UN Charter.

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Assembly cannot force action by any State, but its recommendations are an important
indication of world opinion and represent the moral authority of the community of nations.

Sessions: The Assembly holds its yearly customary session from September to December.
Towards the start of every customary session, the Assembly chooses another President, 21
Vice-Presidents and the Chairpersons of the Assembly's six Main Committees. To guarantee
even handed geological representation, the administration of the Assembly pivots every year
among five gatherings of States: African Group, Asian Group, Eastern European Group, Latin
American and Caribbean Group and Western European and different States Group. Toward
the start of every consistent session, the Assembly holds a general open deliberation,
regularly tended to by Heads of State and government, in which Member States express their
perspectives on the most squeezing universal issues.5

Notwithstanding its standard sessions, the Assembly may meet in exceptional sessions at the
solicitation of the Security Council, of a greater part of Member States, 6 or of one Member if
the dominant part of Members agrees. Crisis unique sessions might be called inside of 24
hours of a solicitation by the Security Council on the vote of any nine Council individuals, or
by a dominant part of the United Nations Members, or by one Member if the larger part of
Members agrees.

CHAPTER III

5 general assembly of the united nations, available at, http://www.un.org/en/ga/sessions/ last visited
on 15-5-2015

6 Joshua N Goldstien, International relations, 10th edition.

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 Main Committees of General Assembly

The main committees are:

1. The First Committee: Disarmament and International Security (DISEC) - The

Disarmament and International Security Committee deals with disarmament and
related international security questions.7
2. The Second Committee: Economic and Financial (ECOFIN) - The Economic and
Financial Committee is concerned with economic questions.8
3. The Third Committee: Social, Cultural, and Humanitarian (SOCHUM) - The Social,
Humanitarian and Cultural Committee deals with social and humanitarian issues.9
4. The Fourth Committee: Special Political and Decolonisation (SPECPOL) - The
Special Political and Decolonization Committee deals with a variety of political
subjects not dealt with by the First Committee, as well as with decolonization.
5. The Fifth Committee: Administrative and Budgetary - The Administrative and
Budgetary Committee deals with the administration and budget of the United Nations.
6. The Sixth Committee: Legal - The Legal Committee deals with international legal
matters.

The parts of huge numbers of the fundamental boards have changed after some time. Till the
late 1970s, the First Committee was the Political and Security Committee (POLISEC) and
there were likewise an adequate number of extra "political" matters that an extra,
unnumbered primary board of trustees, called the Special Political Committee, additionally
sat.10 The Fourth Committee once took care of Trusteeship and Decolonization matters. Every
primary advisory group comprises of the considerable number of individuals from the
General Assembly. Everyone chooses an executive, three bad habit directors, and a columnist
at the beginning of every consistent General Assembly session.
7 KBONN, How-to Model UN Research: GA First Committee DISEC, available at,
http://bestdelegate.com/how-to-model-un-research-ga-first-committee-disec/ last visited on 15-5-2017

8 Economic and Financial Affairs Council configuration (Ecofin), available at,

http://www.consilium.europa.eu/en/council-eu/configurations/ecofin/ last visited at 15-5-2017

9 Ryan Leung, Steve Garcia, and Michelle Surets, Social Cultural and Humanitarian Committee
(SOCHUM), available at, http://www.academymodelun.org/social-cultural-and-humanitarian-
committee-sochum.html, last visited on 14-5-2017

10 UN Documentation: General Assembly, available at,

http://research.un.org/en/docs/ga/committees, last visited on 15-5-2017

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 CHAPTER IV

FUNCTIONS AND POWERS OF THE GENERAL ASSEMBLY

Established in 1945 under the Charter of the United Nations, the General Assembly possesses
a focal position as the boss deliberative, policymaking and agent organ of the United Nations.
Including each of the 193 Members of the United Nations, it gives an exceptional gathering
to multilateral discourse of the full range of worldwide issues secured by the Charter. It
likewise assumes a noteworthy part during the time spent standard-setting and the
codification of universal law. The Assembly meets in consistent session seriously from
September to December every year, and from there on as required.11

Functions and Powers of the General Assembly

According to the Charter of the United Nations, the General Assembly may:

1. Consider and make recommendations on the general principles of cooperation for

maintaining international peace and security, including disarmament.12
2. Discuss any question relating to international peace and security and, except where a
dispute or situation is currently being discussed by the Security Council, make
recommendations on it.13
3. Discuss, with the same exception, and make recommendations on any questions
within the scope of the Charter or affecting the powers and functions of any organ of
the United Nations
4. Initiate studies and make recommendations to promote international political
cooperation, the development and codification of international law, the realization of
human rights and fundamental freedoms, and international collaboration in the
economic, social, humanitarian, cultural, educational and health fields.
5. Make recommendations for the peaceful settlement of any situation that might impair
friendly relations among nations.

11 Report of the Special Committee on Peacekeeping Operations, available at,

http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-
CF6E4FF96FF9%7D/a_68_19.pdf, last visited on 13-5-2017

12 Article 11 UN Charter.

13 Article 12, UN Charter.

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 6. Receive and consider reports from the Security Council and other United Nations
organs.
7. Consider and approve the United Nations budget and establish the financial
assessments of Member States.14
8. Elect the non-permanent members of the Security Council and the members of other
United Nations councils and organs and, on the recommendation of the Security
Council, appoint the Secretary-General.15

14 Article 17, UN Charter.

15 Article 12, UN Charter.

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 CHAPTER V

The United Nations General Assembly and its role on Peace Management

On paper, the power granted to the organs other than the Security Council in terms of the
maintenance of international peace and security is narrowly interpreted, or at least they do not
have the power to impose any binding obligation upon states. However, in practice, the
General Assembly plays an important role, especially when the Security Council cannot reach
a unanimous decision. Despite the restricted power given to the General Assembly by the
Charter, an extension of the power is found in the resolution adopted during the early cold
war period called Uniting for Peace. Moreover, in the event of non-action or selective
actions by the Security Council for peace maintenance, the General Assembly has become the
central place where world opinion is delivered.16

The Uniting for Peace Resolution

The concept of uniting for peace was developed in the United Nations General Assembly
(UNGA) resolution 377 A.17 The General Assembly's energy in keeping up global peace and
security was a bone of the conflict between the littler states spoke to at San Francisco and the
huge forces. In the Dumbarton Oaks Proposal, the huge forces did not give any genuine
energy to the General Assembly. At San Francisco, the littler states demanded that not all the
force ought to be in the hands of the Security Council. 18 Thus, Chapter VI of the Charter,
which contains the procurements identifying with the pacific settlement of question, speaks to
a bargain between the procurements allowing liberal forces to the General Assembly and the

16 Supra note 9, Page no: 7

17 Christian Tomuschat, Professor emeritus at Humboldt University, Berlin, Uniting for PeaceGeneral
Assembly resolution 377 (V), available at, http://legal.un.org/avl/ha/ufp/ufp.html

18 The UN Secretary-General Selection and Appointment Process: Emerging from the Shadows,
available at, http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3
CF6E4FF96FF9%7D/Security_Council_Deadlocks_and_Uniting_for_Peace.pdf, last visited on 14-
5-2017

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procurements endeavouring to limit the forces and skill of the Assembly. 19 The previous are
found in Articles 10 and 14, while the last are in Articles 11 and 12. In any case, In the year
2003, when it was practically sure that the US and its associates were setting up a pre-
emptive assault against Iraq, governments and common society aggregates everywhere
throughout the world encouraged that an option be tried to war. Numerous states, including
Russia and France, restricted the war. There had been a reasonable halt in which the Security
Council was partitioned on the subject of utilization of power against Iraq, with the US and
the UK on one side, and France and Russia on alternate; this was surely a successful gridlock.
Numerous voices had been raised encouraging a distinct option for war. Worldwide common
social orders, for example, Greenpeace International, the Global Policy Forum, and the
Center for Constitutional Rights, had over and again offered for a crisis session of the
General Assembly. The New York-based Center for Constitutional Rights, propelling a stage,
had created a draft determination requiring a 'Joining for Peace' in view of the gridlock in the
Security Council on the topic of Iraq, the thought being that part states would present the
draft determination to the General Assembly. It pronounced that military activity without
Security Council determination approval would be in spite of the UN Charter and
International law. The premise of the distinct option for war was established in General
Assembly determination 377(A), entitled 'Joining for Peace', which determined that ought to
the Security Council neglect to practice its essential obligation of keeping up worldwide
peace and security, the General Assembly would prescribe the proper aggregate measures to
be taken by the Members of the United Nations. 20 The Assembly picked up the certainty to
assume control over the part of the Security Council when the last demonstrated not able to
perform its essential obligation to keep up worldwide peace and security. The 'Joining for
Peace' determination in this way accomplished more extensive backing among the global
group as a rule, which needed to see the United Nations as dynamic as it ought to be in
restoring universal peace and security. 21

19 By Jrmie Labb September 27, 2013 available at https://theglobalobservatory.org

20 Christian Tomuschat, Professor emeritus at Humboldt University, Berlin, Uniting for PeaceGeneral
Assembly resolution 377 (V), available at, http://legal.un.org/avl/ha/ufp/ufp.html

21 UN General Assembly Resolution 377, "Uniting for Peace", available at,

http://www.cfr.org/peacekeeping/un-general-assembly-resolution-377-uniting-peace/p23588, last
visited on 15-5-2017

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In 1950, North Korea attacked South Korea in the month of June. The UN Security Council
acted instantly however later when the Soviet Union utilized its veto as a part of the votes, the
activity ceased. In the meantime, it always scrutinized the legitimacy of the resolutions of the
Security Council embraced in its nonattendance. This incited the Council to require a crisis
session of the General Assembly, which embraced a 'Joining for Peace' determination toward
the beginning of November 1950. Such crisis exceptional session should be called if asked
for by the Security Council on a vote of any seven (now nine) individuals, or by a dominant
part of the United Nations.22

In the Certain Expenses case, the International Court of Justice clarified the part of the
General Assembly with respect to the upkeep of the peace. While the Court did not say
whether the General Assembly could suggest coercive activity, it can be construed from the
Court's view that the General Assembly is not banned from prescribing implementation
activity. Actually, the premise of the 'Joining for Peace' determination was to maintain the
reasons and goals of the United Nations, all the more exactly, the support of global peace and
security.

In later times, the Uniting for Peace determination technique has been utilized to prevent the
United States from going to war in Iraq, a circumstance where two individuals from the
Permanent Five had taken it upon themselves to dispatch one-sided utilization of power in
negligence of the express will of by far most of the world group. The proposed UNITING
FOR PEACE 23determination for this situation was pointed, from one viewpoint, at ceasing
the war and, on the other, at securing the power of law, which orders that the utilization of
power is just legitimized if approved by the United Nations or in self-preservation. Neither of
these was available in the contentions for going to war in Iraq.

The General Assembly in Peacekeeping

Peacekeeping powers were initially conveyed in 1956, when Israel, and later the United
Kingdom and France, attacked Egypt because of its nationalization of the Suez Canal and the
General Assembly approved a peacekeeping power with a specific end goal to restore peace
in the district. Besides, the General Assembly did as such when the vetoes of the United
22 http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e568?
prd=EPIL

23 Art. 11(3), UN Charter.

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Kingdom and France had deadened the Security Council.24 This course of occasions started a
civil argument about whether the General Assembly may approve requirement measures or
whether the approval of a peacekeeping mission is essentially expected as an authorization
measure. 25

As its would see it in the Certain Expenses case, the ICJ plainly expressed that Article 24 of
the Charter26 gives the Security Council the essential obligation regarding guaranteeing
immediate and powerful activity for the support of worldwide peace and security. In any case,
the General Assembly should likewise worry about global peace and security. Article 14 of
the Charter approves the General Assembly to prescribe measures for the serene conformity
of any circumstance.27 "Measures" infers some sort of activity, and the main impediment
which Article 14 forces on the General Assembly is the confinement found in Article 12, to
be specific, that the Assembly ought not suggest measures while the Security Council is
managing the same matter unless the Security Council asks for the Assembly to do as such. 28
The elements of the General Assembly for which it might set up such backup organs
incorporate, for instance, examination, perception and supervision, yet the route in which
such auxiliary organs are used relies on upon the assent of the state or states concerned.

Is the General Assembly in need of reform?

Yes, say numerous UN specialists and driving benefactor countries. Endeavours towards
rejuvenating its work have been continuous for a long time. Key spurring components are
thought to be expanding the force of the gathering versus the Security Council, and making
talks about more valuable and less redundant. However, the get together has kept on opposing
profound situated changes, an impression of the break between its numerous individuals from
the creating scene, who need to hold a solid say in its thoughts, and well off countries that

24 Kahl, Chad M., International Relations, International Security, and Comparative Politics, Greenwood
Publishing Group.

25 Art. 14, UN Charter.

26 Art. 10, UN Charter.

27 Art. 11(2), UN Charter.

28

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serve as its principle benefactors. Little changes do occur, be that as it may. In April 2007, the
General Assembly, without precedent for a long time, ordered a huge redesign of the UN
arrangement of interior equity, proclaiming it "moderate, lumbering, ineffectual and ailing in
polished skill." The new framework, which got to be practical in 2009, formally settled an
intervention division inside of the UN.29 The Internal Justice Council has, as of now started
talking with potential judges to guarantee their autonomy.30

In 2005, then Secretary-General Kofi Annan displayed a report that scrutinized the gathering
for concentrating too much on agreement and passing resolutions that mirrored "the most
minimized shared variable" of conclusions. Michael W. Doyle, a worldwide issues master
who educates at Columbia University, says the get together is "an essential foundation that
has never entirely dealt with its part" regarding being a really deliberative, utilitarian body,
and has "inadequate consultation and insufficient honest to goodness dialog." Doyle, who
was an associate to Annan, says that the get together could upgrade its importance by holding
hearings with master confirmation. The gathering has endeavoured lately to make its work
more substantive and applicable. Determination 59/313, received in 2005, set up a more
powerful part for the gathering's leader to accomplish this objective.31

29 http://www.turkishweekly.net/article/323/the-complementary-role-of-the-united-nations-general-assembly-
in-peace-management

30 UN General Assembly is failing but let's not give up, available at,
http://www.aljazeera.com/indepth/opinion/2016/01/general-assembly-failing-give-
160107052820520.html

31 http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-
CF6E4FF96FF9%7D/a_68_19.pdf

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 CHAPTER VI

CONCLUSION

The general assembly occupies a main position among the organs of the United Nations. It
not only workout management over other organs like the Secretariat, etc., but also provides
direct guidance. It is true that the assembly does not use any direct control over the Security
Council and the ICJ, but these organisations have been assigned only exact powers. Also
General Assembly has the right to discuss and make decision on any subject mentioned in the
UN Charter.

While the General Assembly does not have the power to provide binding instrument for peace
enforcement, not direct influence of the organ in practice is very much obvious, which
ensures complementary role of the General Assembly in peace management.

In the political sphere and predominance of the General Assembly is assured by its large
membership and representation of various member state son terms of equality. This has made

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the week states stick their hopes in this body because they can show their power its decisions
on account of their number. Taking advantage of their majority in the UN the developing
countries have tried to use it to further their own interest and sought transfer of resources
from the developed to the developing world. Above all, the general assembly has greatly
influenced the process of world politics by providing the norms within which the states
operate for the attainment of their goals.

Bibliography

Books Referred:

Joshua N Goldstien, International relations, 10th edition.

Malcolm shaw, international law.
Kahl, Chad M., International Relations, International Security, and Comparative
Politics, Greenwood Publishing Group.

Websites Reffered:

http://www.hein.org/un
http://www.cfr.org/un/role-un-general-assembly/p13490.
http://www.un.org/en/ga/about/background.shtml.
http://www.un.org/en/peacekeeping/operations/rolega.shtml.
http://www.securitycouncilreport.org
http://www.consilium.europa.eu/en/council-eu/configurations/ecofin/
http://www.academymodelun.org/

Articles Reffered:

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 Christian Tomuschat, Professor emeritus at Humboldt University, Berlin, Uniting for
Peace General Assembly resolution 377 (V), available at,
http://legal.un.org/avl/ha/ufp/ufp.html
KBONN, How-to Model UN Research: GA First Committee DISEC, available at,
http://bestdelegate.com/how-to-model-un-research-ga-first-committee-disec/ last
visited on 15-5-2017
Ryan Leung, Steve Garcia, and Michelle Surets, Social Cultural and Humanitarian
Committee (SOCHUM), available at, http://www.academymodelun.org/social-
cultural-and-humanitarian-committee-sochum.html, last visited on 14-5-2017

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