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General Assembly Resolution and Security Council Resolution


Authored By- Amit Patel

Keywords- United Nations, United Nations Charter, Resolution, Member state, Assembly, International peace.

Abstract

General assembly resolution and Security Council resolution come under the United Nations. They are being directed by the United Nations charter. It discusses whether the resolutions are binding on the member state or not. The important internal procedural resolutions are also dealt with. The article deals with the procedure established by which the resolutions are being passed and how the majority are dealt with the importance of the issues. Also, if all the resolutions can be vetoed or not and does every assembly have the power of veto.


Introduction

General assembly resolution and Security Council resolution both altogether have a different procedure to pass the resolutions and for many other issues. The general assembly resolution deals with the decisions which are passed by the member countries who serve the United Nation General Assembly. To pass a resolution whatever it may deal with it should get a simple majority from the assembly that is more than fifty percent. A United Nations Security Council resolution is a United Nations resolution that is specifically adopted by the then present fifteen members of the united nation Security Council. It is one of the key wings of the United Nations and its primary responsibility is the maintenance of international peace and security.


General Assembly Resolution

The general assembly is one of the key wings of the United Nations. The general assembly resolution deals with the decisions which are passed by the member countries who serve the United Nation General Assembly. To pass a resolution whatever it may deal with it should get a simple majority from the assembly that is more than fifty percent vote where each member country gets a single transferable vote. Although if the general assembly determines an issue as of “great importance” which specifically deals with international peace and security like the expulsion of a member and the admission of a new member. For the matter of great importance recognised by the assembly to pass it requires a special majority by the assembly members that is two-third of the votes of assembly.


Does the general assembly resolutions are binding on member state?

Generally, the resolutions are non-binding for the member of the assembly, but the internal resolutions which are made for the assembly are binding on every member of the assembly. The General Assembly may discuss any questions within the scope of the present Charter, may make recommendations to the Members of the United Nations or the Security Council. The General Assembly may discuss any questions within the scope of the present Charter, may make recommendations to the Members of the United Nations or the Security Council[1]. According to Article 10, the assembly can only make bona fide recommendations for the betterment of the members.


Important resolutions of the general assembly

· Resolution 1: Established the United Nations Atomic Energy Commission (UNAEC) - It was established to deal with the energy that harms the environment due to the invention of atomic energy and to keep an eye on the due procedure to develop the atomic bomb.

· Resolution 61: It deals with voting procedures within the Security Council.

· Resolution 66: Trusteeship council was established under this resolution.

· Resolution 96: It deals with the crime relating to the genocide.

· Resolution 100: It established the Headquarters of the United Nations.


Security Council resolution

A United Nations Security Council resolution is a United Nations resolution which is specifically adopted by the then present fifteen members of the United Nation Security Council. It is one of the key wings of the United Nations and its primary responsibility is the maintenance of international peace and security.


A draft resolution on non-procedural matters can only be adopted if the nine or more among the fifteen Council members vote in favour of the resolution.[2] Although, it should not be vetoed by any of the five permanent members. The five permanent members are the People's Republic of China, France, Russia (which replaced the defunct Soviet Union in 1991), the United Kingdom, and the United States. The draft resolutions on "procedural matters" can be adopted based on an affirmative vote by any nine Council members. Till now the Security Council has passed 2537 resolutions.


Does the security assembly resolutions are binding on member state?

The security assembly resolutions are legally binding. The UN Charter is a multilateral treaty signed by its many members. It is the document that distributes powers and tells the procedural functions among the various UN organs like UNSC. It authorizes the Security Council (UNSC) to take action on behalf of the members of the general assembly and to make decisions and recommendations. The Charter mentions neither binding, nor non-binding resolutions. The International Court of Justice headquartered at The Hague stated in its advisory opinion in the 1949 "Reparations" case indicated that the United Nations Organization had both explicit and implied powers. The Court cited Articles 104 and 2(5) of the United Nation Charter, and noted that the members had granted the Organization the necessary legal authority to exercise its functions and they are assisted in any form they need.


Conclusion

The procedure to introduce and pass the resolutions in both the assemblies is altogether different from each other. The powers vested to both the assembly are vested under United Nations charter but the resolutions of the general assembly are not binding except when they are the internal procedural resolutions whereas the resolutions of the Security Council are binding. Although, both the assemblies do follow different procedures, their objective is the same, which is International peace and security.

[1]UN Charter (1945), Article 10, p.4. [2]Article 27, UN Charter Act.

References-

· https://www.un.org/en/sections/documents/general-assembly-resolutions/index.html

· https://www.e-ir.info/2016/06/16/why-have-resolutions-of-the-un-general-assembly-if-they-are-not-legally-binding/

·https://en.wikipedia.org/wiki/United_Nations_General_Assembly_resolution#:~:text=A%20United%20Nations%20General%20Assembly,votes%20plus%20one)%20to%20pass.

· https://www.un.org/securitycouncil/content/resolutions-adopted-security-council-2020

· https://www.securitycouncilreport.org/un_documents_type/security-council-resolutions/

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