Professional Documents
Culture Documents
UNIVERSITY, PATNA
SUBMITTED TO: -
Mrs. Sugandha Sinha
FACULTY OF Civil Procedure Code
SUBMITTED BY: -
ADITYA VIJAY SINGH
ROLL NO. -1507
B.A. LL. B 5TH SEMESTER
ACKNOWLEDGEMENT
Writing a project is one of the most significant academic challenges, I have ever
faced. Though this project has been presented by me but there are many people
who remained in veil, who gave their all support and helped me to complete this
project.
I acknowledge my friends who gave their valuable and meticulous advice which
was very useful and could not be ignored in writing the project. I want to
convey most sincere thanks to my seniors for helping me throughout the project.
Last but not the least, I am very much thankful to my parents and family, who
always stand aside me and helped me a lot in accessing all sorts of resources.
R.No.1507,
SEMESTER 5TH
B.A.L.L.B. (Hons.)
CONTENTS
United Nations General Assembly plays an important role in international peacekeeping. ..................... 6
The General Assembly can look into the same matters as Security Council ............................................. 6
1.6. RESEARCH QUESTION .................................................................................................................... 6
What are the powers and functions of the general assembly? ................................................................... 6
2. FUNCTIONS & POWERS OF THE GENERAL ASSEMBLY ............................................................................... 7
3. SUBSIDIARY ORGANS ............................................................................................................................... 11
4. SESSIONS of THE GENERAL ASSEMBLY .................................................................................................... 15
5. PEACEKEEPING BY GENERAL ASSEMBLY ....................................................................................................... 18
6. CONCLUSION ................................................................................................................................................. 20
BIBLIOGRAPHY .................................................................................................................................................. 21
1. INTRODUCTION
The United Nations General Assembly (UNGA or GA; French: Assemblée Générale AG) is
one of the six principal organs of the United Nations (UN), the only one in which all member
nations have equal representation, and the main deliberative, policy-making and
representative organ of the UN. Its powers are to oversee the budget of the UN, appoint the
non-permanent members to the Security Council, appoint the Secretary-General of the United
Nations, receive reports from other parts of the UN and make recommendations in the form
of General Assembly Resolutions1 It has also established numerous subsidiary organs.2
The General Assembly currently meets under its president or secretary-general in annual
sessions at the headquarters of the United Nations in New York City, the main part of which
lasts from September3 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 in Chapter IV of the United Nations Charter. The first session was convened on 10
January 1946 in the Methodist Central Hall in London and included representatives of 51
nations.
1
CHARTER OF THE UNITED NATIONS: Chapter IV Archived 12 MARCH 20018 at the Wayback Machine.. UN.org
2
General Assembly: Subsidiary organs at UN.org.
3
The annual session convenes on Tuesday of the third week in September per Resolution 57/301, Para. 1. The
opening debate begins the following Tuesday.
http://www.un.org/ga/search/view_doc.asp?symbol=A/INF/70/1
4
General Assembly of the United Nations. Un.org. Retrieved on 12 September 2018
potentially allows states comprising just five percent of the world population to pass a
resolution by a two-thirds vote.5
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 its Uniting 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 security6.
The objective of the researcher’s study on this topic is to dissect and give a holistic analysis
of the Peacekeeping Policies of the United Nations General Assembly. This project analyses
various provisions related to the same.
The nature of research methodology adopted by the researcher for this particular topic is
purely doctrinal. The researcher has used resources available at the library of CNLU and the
World Wide Web. Thus, the researcher of this project has used secondary data for the
successful completion of this project. No primary data has been included.
5
Population, total | Data | Table. Data.worldbank.org. Retrieved on 16 September 2018.
6
General Assembly of the United Nations. Un.org. Retrieved on 12 September 2018.
1.3. FORMATTING METHODOLOGY
The project is in Times New Roman, font Size 14 for the main headings and 12 for other
parts of the study with 1.5 spacing. The footnotes are of font size 10 with 1.0 spacing.
Uniform method of footnoting has been followed.
Due to paucity of time and lack of resources, a complete comparative study with scheme
prevalent in other nations could not be be undertaken by the researcher. However exhaustive
use the internet and library resources for the successful completion of this project.
1.5. HYPOTHESIS
Established in 1945 under the Charter of the United Nations, the General Assembly occupies
a central position as the chief deliberative, policymaking and representative organ of the
United Nations. Comprising all 193 Members of the United Nations, it provides a unique
forum for multilateral discussion of the full spectrum of international issues covered by the
Charter. It also plays a significant role in the process of standard-setting and the codification
of international law.
The Assembly meets from September to December each year, and thereafter from January to
August, as required, including to take up outstanding reports from the Fourth and Fifth
Committees. Also during the resumed part of the session, the Assembly considers current
issues of critical importance to the international community in the form of High-level
Thematic Debates organized by the President of the General Assembly in consultation with
the membership7.During that period, the Assembly traditionally also conducts informal
consultations on a wide range of substantive topics, including on UN reform-related matters.
to reach specific goals to attain peace, security and disarmament along with
development and poverty eradication;
7
https://www.historians.org/about-aha-and-membership/aha-history-and-archives/gi-roundtable-
series/pamphlets/em-19-building-a-workable-peace-(1946)/what-are-the-functions-of-the-general-assembly
Retrieved on 19 September 2018.
8
https://www.trtworld.com/americas/what-is-the-un-general-assembly-and-how-does-it-work--10626
Retrieved on 19 September 2018.
to safeguard human rights and promote the rule of law;
According to the Charter of the United Nations, the General Assembly may:
Consider and approve the United Nations budget and establish the financial
assessments of Member States;
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;
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;
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;
9
http://www.un.org/en/ga/revitalization/revital_past.shtml Retrieved on 19 September 2018.
Make recommendations for the peaceful settlement of any situation that might impair
friendly relations among countries;
Consider reports from the Security Council and other United Nations organs.
The Assembly may also take action in cases of a threat to the peace, breach of peace or act of
aggression, when the Security Council has failed to act owing to the negative vote of a
permanent member. In such instances, according to its “Uniting for peace” resolution of 3
November 1950, the Assembly may consider the matter immediately and recommend to its
Members collective measures to maintain or restore international peace and security10.
Each of the 193 Member States in the Assembly has one vote. Votes taken on designated
important issues such as recommendations on peace and security, the election of Security
Council and Economic and Social Council members, and budgetary questions require a two-
thirds majority of Member States, but other questions are decided by a simple majority.
In recent years, an effort has been made to achieve consensus on issues, rather than deciding
by a formal vote, thus strengthening support for the Assembly’s decisions. The President,
after having consulted and reached agreement with delegations, can propose that a resolution
be adopted without a vote11.
There has been a sustained effort to make the work of the General Assembly more focused
and relevant. This was identified as a priority during the fiftyeighth session, and efforts
continued at subsequent sessions to streamline the agenda, improve the practices and working
methods of the Main Committees, enhance the role of the General Committee, strengthen the
10
https://www.historians.org/about-aha-and-membership/aha-history-and-archives/gi-roundtable-
series/pamphlets/em-19-building-a-workable-peace-(1946)/what-are-the-functions-of-the-general-assembly
Retrieved on 19 September 2018.
11
https://www.trtworld.com/americas/what-is-the-un-general-assembly-and-how-does-it-work--10626
Retrieved on 19 September 2018.
role and authority of the President and examine the Assembly’s role in the process of
selecting the Secretary-General.
During the 69th, 70th and 71st sessions, the Assembly adopted three landmark resolutions on
the revitalization of the work of the General Assembly, which inter alia provided for informal
dialogues to be held with candidates for the position of Secretary-General of the United
Nations, established an oath of office and a code of ethics for the Presidents of the General
Assembly, and provided for informal interactive dialogues with candidates for the position of
President of the General Assembly. The practice of convening high-level thematic interactive
debates is also a direct outcome of the revitalization process12.
It has become an established practice for the Secretary-General to brief Member States
periodically, in informal meetings of the General Assembly, on his recent activities and
travels. These briefings have provided a well-received opportunity for exchange between the
Secretary-General and Member States.
12
https://www.cfr.org/backgrounder/role-un-general-assembly Retrieved on 19 September 2018.
3. SUBSIDIARY ORGANS
The General Assembly subsidiary organs are divided into five categories: committees (30
total, 6 main), commissions (6), boards (7), councils (4) and panels (1), working groups, and
"other".
Committees
Main committees
3. The Third Committee: Social, Cultural, and Humanitarian (SOCHUM) deals with
social and humanitarian issues
4. The Fourth Committee: Special Political and Decolonisation (SPECPOL) 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 and general deals with the
administration and budget of the United Nations
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
13
"Main Committees". United Nations General Assembly. United Nations. Retrieved September 19, 2018.
to be addressed as the trust territories attained 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
are:14
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.
Commissions
14
"Main Committees". United Nations General Assembly. United Nations. Retrieved September 19, 2018.
15
"Subsidiary Organs of the General Assembly: Committees". United Nations General Assembly. United
Nations. Retrieved September 19, 2018.
16
"Subsidiary Organs of the General Assembly: Commissions". United Nations General Assembly. United
Nations. Retrieved September 19, 2018
2. International Civil Service Commission,
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:
Executive Boards
2. Executive Board of the United Nations Development Programme and of the United
Nations Population Fund,
Boards
1. Board of Auditors,
17
"Subsidiary Organs of the General Assembly: Boards". United Nations General Assembly. United Nations.
Retrieved September 19, 2018.
The newest council is the United Nations Human Rights Council, which replaced the
aforementioned UNCHR in March 2006.
18
"Subsidiary Organs of the General Assembly: Assemblies and Councils". United Nations General Assembly.
United Nations. Retrieved September 19, 2018.
19
"Subsidiary Organs of the General Assembly: Working Groups". United Nations General Assembly. United
Nations. Retrieved September 19, 2018.
4. SESSIONS of THE GENERAL ASSEMBLY
The 73rd session of the UN General Assembly (UNGA 73) opened on 18 September 2018.
The first day of the high-level General Debate will be Tuesday, 25 September 2018, and is
scheduled to last for nine working days. María Fernanda Espinosa Garcés, President-elect of
the 73rd session of the UN General Assembly (UNGA), announced in July 2018 that the
theme of the general debate will be, ‘Making the United Nations Relevant to All People:
Global Leadership and Shared Responsibilities for Peaceful, Equitable and Sustainable
Societies.’
On Monday, 24 September, the UNGA will hold a high-level plenary meeting on global
peace in honor of the centenary of the birth of Nelson Mandela, known as the Nelson
Mandela Peace Summit. The plenary will adopt a political declaration negotiated by Member
States. In May 2018 the Permanent Representatives of South Africa and Ireland, serving as
co-facilitators, began consulting with governments on the content of the declaration.
On Wednesday, 26 September, the UNGA will hold a high-level meeting on the fight against
tuberculosis, as agreed by Member States in February 2018.
A number of events will take place in parallel to the opening of the 73rd session of the
UNGA under the banners of Global Goals Week 2018 and Climate Week NYC 201820.
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
20
http://sdg.iisd.org/events/73rd-session-of-the-un-general-assembly/ Retrieved on 21 September 2018
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 the HIV/AIDS crisis in 200121. 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.22
UNGASS 2016
A special session was held in 2016 to discuss 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, and related matters.23 This was 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" outcome24.
Presenters included Russel Simmons, Michael Skolnik, Che Rhymefest Smith, who screened
the film WARonUS, directed by Queen Muhammad Ali and Hakeem Khaaliq25
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.26
21
"UN GA Special Session on HIV/AIDS". www.un.org. Retrieved on 21 September 2018.
22
"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 on 21 September
2018.
23
"Special Session of the General Assembly UNGASS 2016". www.unodc.org. Retrieved on 21 September 2018.
24
Fassihi, Farnaz, "U.N. Conference on Drugs Ends Without Shift in Policy", Wall Street Journal, April 22, 2016.
Retrieved on 21 September 2018.
25
"The Museum of Drug Policy Wants You to Speak Your Truth | Mass Appeal". Mass Appeal. 2016-04-20.
Retrieved on 21 September 2018.
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"27.
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 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 an 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 1997–2017, were about the status of the territories occupied28 by the State of Israel.
26
"Brazil's President Rousseff to be First Woman to Open United Nations". Fox News. 20 September 2018.
Retrieved 21 September 2018.
27
"Thailand's name picked to set seating arrangement for General Assembly session". United Nations. 11
August 2018.Retrieved on 21 September 2018.
28
"Subsidiary Organs of the General Assembly: Committees". United Nations General Assembly. United
Nations. Retrieved 21 September, 2018.
5. PEACEKEEPING BY GENERAL ASSEMBLY
The General Assembly plays a key role in the financing of peacekeeping. The General
Assembly is the main deliberative, policymaking and representative organ of the United
Nations. Comprising all 193 Member States of the UN, it provides a unique forum for
multilateral discussion of international issues including peace and security.
Financing matters
As all UN Member States share the costs of peacekeeping, the Assembly apportions these
expenses based on a special scale of assessments, taking into account the relative economic
wealth of Member States, with the permanent members of the Security Council required to
pay a larger share because of their special responsibility for the maintenance of international
peace and security29.
The General Assembly, through its Fifth Committee (Administrative and Budgetary)
approves and oversees the peacekeeping budget. This includes how specific field operations
are funded and equipped, based on detailed submissions provided to it by the UN Secretary-
General.
The General Assembly monitors the performance of UN Peacekeeping through its Special
Committee on Peacekeeping Operations. It was established in 1965 to conduct a
comprehensive review of all issues relating to peacekeeping. The Committee reports on its
work to the General Assembly through its Fourth Committee (Special Political and
Decolonization).
29
"The Museum of Drug Policy Wants You to Speak Your Truth | Mass Appeal". Mass Appeal. 2016-04-20.
Retrieved on 21 September 2018.
Under the UN Charter, however, the General Assembly cannot discuss and make
recommendations on peace and security matters which are at that time being addressed by the
Security Council.Despite the UN Charter's provision limiting the General Assembly's powers
with regard to peace and security matters, there may be cases when the Assembly can take
action.
In accordance with the General Assembly's "Uniting for Peace" resolution of November 1950
[resolution 377 (V)], if the Security Council fails to act, owing to the negative vote of a
permanent member, then the General Assembly may act. This would happen in the case
where there appears to be a threat to the peace, breach of the peace or act of aggression. The
General Assembly can consider the matter with a view to making recommendations to
Members for collective measures to maintain or restore international peace and security30.
This resolution was invoked only once in UN peacekeeping history, when in 1956 the
General Assembly established the First UN Emergency Force (UNEF I) in the Middle East.
30
"REVITALIZATION OF THE WORK OF THE GENERAL ASSEMBLY" (PDF). Globalpolicy.org. Retrieved 21
September 2018.
6. CONCLUSION
The UNGA provides world leaders from the current 193 member states with a forum where
they can discuss, debate and make recommendations on subjects pertaining to international
peace and security, including development, disarmament, human rights and international law.
In principle, the UN is a perfect democracy. Every member nation, small or large, rich or
poor, has an equal voice in the Assembly. And each country has one vote, of equal value.
Resolutions adopted in the General Assembly carry political weight, but they are not binding,
unlike Security Council resolutions, which is where the real power resides at the United
Nations.
BIBLIOGRAPHY
BOOKS:
Alston Philip and Crawford James (eds.), “The Future of UN Treaty Monitoring”,
Cambridge University Press, Cambridge, 2000.
Clark Roger S., “How International Human Rights Law Affects Domestic Law”,
edited by Adamantia Pollis, “Human Rights New Perspectives, New Realties”, Peter
Schwab Viva Books Pvt. Ltd., New Delhi, 2002.
Oppenheim, “International Law”, Sir Robert Jennings and Sir Arthur Watts(ed), 9th
ed., Vol.2, Pearson Education, Delhi, 2003.
Simma B. (ed.), “The Charter of the United Nations: A Commentary”, 2nd ed., 2nd
Vol., Oxford University Press, Oxford, 2002.
WEBSITES:
https://www.historians.org/about-aha-and-membership/aha-history-and-archives/gi-
roundtable-series/pamphlets/em-19-building-a-workable-peace-(1946)/what-are-the-
functions-of-the-general-assembly Retrieved on 19 September 2018.
https://www.trtworld.com/americas/what-is-the-un-general-assembly-and-how-does-
it-work--10626 Retrieved on 19 September 2018.
"The Museum of Drug Policy Wants You to Speak Your Truth | Mass Appeal". Mass
Appeal. 2016-04-20. Retrieved on 21 September 2018.
"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 on 21 September 2018.
http://sdg.iisd.org/events/73rd-session-of-the-un-general-assembly/ Retrieved on 21
September 2018
"Brazil's President Rousseff to be First Woman to Open United Nations". Fox News.
20 September 2018. Retrieved 21 September 2018.
"Thailand's name picked to set seating arrangement for General Assembly session".
United Nations. 11 August 2018.Retrieved on 21 September 2018.