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A United Nations resolution (UN resolution) is a formal text adopted by a United Nations (UN) body. Although any UN body can issue resolution, in practice most resolutions are issued by the Security Council or the General Assembly.

Legal status

Most experts 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 Justicemarker. 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 Justicemarker (ICJ) members asserted in the non-binding Namibia advisory opinion that all UN Security Council resolutions are legally binding. This assertion by the ICJ has been countered by Erika De Wet and others. 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.


In practice, the Security Council does not consider its decisions outside Chapter VII to be binding.

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

The typical United Nations resolution is constructed as a single, very long sentence. It is composed of three sections: 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 preambulatory clauses (also called preambulatory phrases) indicating the reasons behind the resolution 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 (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).

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, 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 preambulatory 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, preambulatory 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 preambulatory 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


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