Chapter IV of the United Nations Charter
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Chapter IV of the United Nations Charter
contains the Charter's provisions dealing with the UN General Assembly, specifically its composition, functions, powers, voting, and procedures.
, and UN Secretariat). This reflects the UN's founders' view of the General Assembly as the "first" branch of the UN, in much the same way that the placement of the provisions related to the US Congress in Article I of the United States Constitution before those dealing with the US President and US Supreme Court reflects the Philadelphia Convention
's view of Congress as the "first branch" of the US government. Both the US Congress and the UN General Assembly hold the "power of the purse" in regard to their respective organizations. No doubt, the General Assembly also appears first because most decisions (except those dealing with security matters) mentioned later in the Charter require General Assembly assent, and the General Assembly appoints:
Article 9 guarantees each member country a seat in the General Assembly, making it the only UN body with universal membership.
has the responsibility of making more detailed plans in reference to disarmament. The UNGA is prohibited by Article 12 from making recommendations on matters currently being dealt with by the UNSC, unless requested to do so by the Council. However, this has not always prevented the General Assembly from attempting to deal with threats to international peace and security, in cases where the UNSC was deadlocked, by using the framework of the Uniting for Peace resolution (A/RES/377 A).
Article 13 tasks the General Assembly with initiating studies and making recommendations for "promoting international co-operation in the political field and encouraging the progressive development of international law
and its codification." This provides a clue as to the founders' hopes that the UN as formulated by the original Charter would be a first step toward a much more comprehensive framework of international law, whose development would be coordinated by the General Assembly. Article 16 grants the UNGA limited power over the trusteeship system.
When the United States fell behind in paying its dues to the UN, some members held that the US was breaking its treaty obligations to bear the expenses of the Organization. In 1995, Malaysia said that any unilateral decision to reduce UN assessments is "illegal and totally unacceptable" and Australia said it "would not accept" a situation whereby "the largest contributor, by it failure to comply with the Charter, would destabilize the operation of the UN". Another interpretation, advanced by the Cato Institute
, is that "the intent is to make certain that the world body is financed by countries, not special interests outside the organization".
The question of what constitutes an "important question" arose during the discussion of General Assembly Resolution 2758, which expelled the Taiwan
ese delegation from the UN and replaced it with the People's Republic of China
. The General Assembly had declared, by a vote of 59 to 55 with 15 abstentions, this to be an unimportant question that did not require the consent of two-thirds of the members. The delegates of the Republic of China
protested that this decision was illegal, and subsequently left the assembly hall.
Article 18 was designed to provide a more workable system than that established by Article 5 of the Covenant of the League of Nations
, which provided for a consensus-based system in which "decisions at any meeting of the Assembly or of the Council shall require the agreement of all the Members of the League represented at the meeting."
without formal amendment of the UN Charter.
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
contains the Charter's provisions dealing with the UN General Assembly, specifically its composition, functions, powers, voting, and procedures.
Primacy of the General Assembly
The chapter on the UN General Assembly appears in the Charter before the chapters on the other five principal organs (UN Security Council, UN Economic and Social Council, Trusteeship Council, International Court of JusticeInternational Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
, and UN Secretariat). This reflects the UN's founders' view of the General Assembly as the "first" branch of the UN, in much the same way that the placement of the provisions related to the US Congress in Article I of the United States Constitution before those dealing with the US President and US Supreme Court reflects the Philadelphia Convention
Philadelphia Convention
The Constitutional Convention took place from May 14 to September 17, 1787, in Philadelphia, Pennsylvania, to address problems in governing the United States of America, which had been operating under the Articles of Confederation following independence from...
's view of Congress as the "first branch" of the US government. Both the US Congress and the UN General Assembly hold the "power of the purse" in regard to their respective organizations. No doubt, the General Assembly also appears first because most decisions (except those dealing with security matters) mentioned later in the Charter require General Assembly assent, and the General Assembly appoints:
- 10 of the 15 members of the Security Council;
- All of the members of ECOSOC;
- As many as half the members of the Trusteeship Council;
- All of the judges of the International Court of Justice (with Security Council assent); and
- The Secretary-General (upon the Security Council's nomination).
Article 9 guarantees each member country a seat in the General Assembly, making it the only UN body with universal membership.
Articles 10, 11, 12, 13, 14, 15, and 16
Article 10 gives the General Assembly (UNGA) power to "discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter" and to make recommendations on those subjects. This, along with the Article 15 provision requiring the Security Council (UNSC) and other organs to issue reports of their activities to the General Assembly, essentially puts the General Assembly in the role of overseer over the other UN bodies (there is no reciprocal provision by which the Security Council or other bodies make recommendations as to the powers and functions of the General Assembly). Article 11 tasks the UNGA with considering "principles governing disarmament and the regulation of armaments" and making recommendations on the same to the UNSC, which under Chapter VChapter V of the United Nations Charter
Chapter V of the United Nations Charter contains provisions establishing the United Nations Security Council.Article 23 establishes the composition of the Security Council, with five permanent members and 10 non-permanent members elected by the General Assembly...
has the responsibility of making more detailed plans in reference to disarmament. The UNGA is prohibited by Article 12 from making recommendations on matters currently being dealt with by the UNSC, unless requested to do so by the Council. However, this has not always prevented the General Assembly from attempting to deal with threats to international peace and security, in cases where the UNSC was deadlocked, by using the framework of the Uniting for Peace resolution (A/RES/377 A).
Article 13 tasks the General Assembly with initiating studies and making recommendations for "promoting international co-operation in the political field and encouraging the progressive development of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
and its codification." This provides a clue as to the founders' hopes that the UN as formulated by the original Charter would be a first step toward a much more comprehensive framework of international law, whose development would be coordinated by the General Assembly. Article 16 grants the UNGA limited power over the trusteeship system.
Article 17
Article 17 provides that "The General Assembly shall consider and approve the budget of the Organization." The interpretation of section 2 is controversial. It reads:- 2. The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly.
When the United States fell behind in paying its dues to the UN, some members held that the US was breaking its treaty obligations to bear the expenses of the Organization. In 1995, Malaysia said that any unilateral decision to reduce UN assessments is "illegal and totally unacceptable" and Australia said it "would not accept" a situation whereby "the largest contributor, by it failure to comply with the Charter, would destabilize the operation of the UN". Another interpretation, advanced by the Cato Institute
Cato Institute
The Cato Institute is a libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Edward H. Crane, who remains president and CEO, and Charles Koch, chairman of the board and chief executive officer of the conglomerate Koch Industries, Inc., the largest privately held...
, is that "the intent is to make certain that the world body is financed by countries, not special interests outside the organization".
Article 18
Article 18 gives each state one vote in the UN General Assembly. The interpretation of Sections 2 and 3 are controversial. They read:- 2. Decisions of the General Assembly on important questions shall be made by a two-thirds majority of the members present and voting. These questions shall include: recommendations with respect to the maintenance of international peace and security, the election of the non-permanent members of the Security Council, the election of the members of the Economic and Social Council, the election of members of the Trusteeship Council in accordance with paragraph 1 (c) of Article 86, the admission of new Members to the United Nations, the suspension of the rights and privileges of membership, the expulsion of Members, questions relating to the operation of the trusteeship system, and budgetary questions.
- 3. Decisions on other questions, including the determination of additional categories of questions to be decided by a two-thirds majority, shall be made by a majority of the members present and voting.
The question of what constitutes an "important question" arose during the discussion of General Assembly Resolution 2758, which expelled the Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
ese delegation from the UN and replaced it with the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
. The General Assembly had declared, by a vote of 59 to 55 with 15 abstentions, this to be an unimportant question that did not require the consent of two-thirds of the members. The delegates of the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
protested that this decision was illegal, and subsequently left the assembly hall.
Article 18 was designed to provide a more workable system than that established by Article 5 of the Covenant of the League of Nations
Covenant of the League of Nations
-Creation:Early drafts for a possible League of Nations began even before the end of the First World War. A London-based study group led by James Bryce and G. Lowes Dickinson made proposals adopted by the British League of Nations Society, founded in 1915. Another group in the United States—which...
, which provided for a consensus-based system in which "decisions at any meeting of the Assembly or of the Council shall require the agreement of all the Members of the League represented at the meeting."
Article 19
Article 19 provides that any country that falls two years behind in its dues will lose its vote in the General Assembly. The United States, when it was withholding dues in protest over the slow pace of UN reform, has historically paid just enough at the end of each year to avoid losing its vote under this provision.Article 22
Article 22 allows the UN to establish subsidiary bodies. This has been the basis for proposals to establish a United Nations Parliamentary AssemblyUnited Nations Parliamentary Assembly
A United Nations Parliamentary Assembly is a proposed addition to the United Nations System that would allow for participation of member nations' legislators and, eventually, direct election of United Nations parliament members by citizens worldwide...
without formal amendment of the UN Charter.
External links
- WFM's position on Primacy of the UN General Assembly, World Federalist MovementWorld Federalist MovementThe World Federalist Movement is a global citizens movement with member and associate organizations around the world. The WFM International Secretariat is based in New York City across from the United Nations headquarters...
.