The United Nations General Assembly (UNGA)is one of the six main organs of the

United Nations (UN)and serves as the principal deliberative body where all 193
member states of the UN have equal representation. Established in 1945 with the
founding of the UN, the General Assembly plays a central role in shaping international
law, promoting global cooperation, and addressing pressing global issues.

1. Composition

- The UNGA comprises **all 193 member states** of the United Nations. Each member
state has **one vote**, regardless of size, population, or economic power.

- In addition to member states, **observers**, such as the **Holy See** and **Palestine**,
can participate in debates but do not have voting rights.

2. Functions and Powers

The General Assembly has a wide range of responsibilities outlined in the **UN
Charter**. Although its resolutions are **non-binding**, it exercises significant influence
in international relations by:

a. Deliberation and Debate

- The General Assembly is a global forum for **deliberating on key international

issues**, including peace and security, human rights, economic and social development,
disarmament, and climate change.

- It serves as a platform for member states to **express their views** and **negotiate
consensus** on important global matters.

b. Recommendations and Resolutions

- **Resolutions** of the General Assembly are non-binding and carry

**recommendatory** force. They reflect the opinion of the international community and
can guide international behavior.
 - Example: Resolution 1514 on decolonization and Resolution 217A (the Universal
Declaration of Human Rights).

- While the resolutions are not legally enforceable, they contribute to the development
of customary international law when they reflect widespread state practice and **opinio
juris** (a sense of legal obligation).

c. Electing Members to Other UN Bodies

- The General Assembly is responsible for electing members to various UN bodies, such
as the:

- **UN Security Council** (elects 10 non-permanent members),

- **Economic and Social Council (ECOSOC)**,

- **International Court of Justice (ICJ)** (elects judges in conjunction with the Security
Council),

- **Human Rights Council**, and

- **Secretary-General** (nominates a candidate for the position, subject to Security

Council approval).

d. Approving the UN Budget

- The **UNGA approves the budget** for the UN’s regular operations, peacekeeping
missions, and other special programs. This gives it considerable influence over the
**allocation of resources** for global initiatives.

- The scale of assessments, which determines how much each member state contributes
to the UN’s budget, is also decided by the General Assembly.

e. Overseeing Subsidiary Bodies

- The General Assembly oversees and coordinates a wide range of **subsidiary organs**
and specialized agencies, such as the **UN Development Programme (UNDP)**, the
**UN Children's Fund (UNICEF)**, and the **UN Environment Programme (UNEP)**.

f. Peace and Security

- Although the **UN Security Council** has the primary responsibility for maintaining
international peace and security, the General Assembly also plays a role, especially
under **Resolution 377A (Uniting for Peace)**. If the Security Council is deadlocked due
to a veto, the General Assembly can step in and recommend collective action, including
the use of force, in cases of threats to peace, breaches of peace, or acts of aggression.

3. Sessions of the General Assembly**

Regular Sessions**

- The General Assembly holds **regular sessions** annually, starting in **September**

and running through the end of the year. The **General Debate** occurs during the
early weeks of each session, where heads of state or government deliver speeches
outlining their countries’ views on global issues.

b. Special and Emergency Special Sessions**

- **Special sessions** can be convened to discuss urgent matters.

- **Emergency special sessions** can be called within 24 hours if requested by the

Security Council or a majority of UN members, under the **Uniting for Peace**
resolution.

4. Decision-Making and Voting**

**a. Voting Procedures**

- Decisions on **important questions**, such as peace and security, admission of new
members, and the budget, require a **two-thirds majority** of those present and voting.

- Decisions on **other questions** (e.g., procedural matters) require a **simple

majority**.

b. Consensus Decision-Making**

- While formal voting is a common practice, the General Assembly often strives for
**consensus-based decision-making**, where resolutions are adopted without a vote if
no state explicitly objects.

5. General Assembly Committees**

The work of the General Assembly is largely conducted through **six main
committees**, each dealing with specific issues:

- **First Committee (Disarmament and International Security)**: Deals with

disarmament, global security, and arms control.

- **Second Committee (Economic and Financial)**: Focuses on development issues,

macroeconomic policy, and international trade.

- **Third Committee (Social, Humanitarian, and Cultural)**: Handles human rights,

humanitarian affairs, and social issues.

- **Fourth Committee (Special Political and Decolonization)**: Responsible for

decolonization and special political matters.

- **Fifth Committee (Administrative and Budgetary)**: Manages the budget and

administrative matters of the UN.

- **Sixth Committee (Legal)**: Deals with international legal matters, such as the
codification of international law.
6. Specialized Agencies and Subsidiary Bodies**

The General Assembly works closely with a variety of **specialized agencies, funds, and
programs**, such as:

- **UNICEF** (United Nations Children's Fund),

- **UNHCR** (United Nations High Commissioner for Refugees),

- **UNDP** (United Nations Development Programme), and

- **WHO** (World Health Organization).

The Assembly also manages special bodies like the **Human Rights Council** and
peacekeeping missions in cooperation with the Security Council.

7. General Assembly Leadership**

- Each session of the General Assembly elects a **President** and **21 Vice-Presidents**
to lead the session. The presidency rotates annually among five regional groups: Africa,
Asia-Pacific, Eastern Europe, Latin America and the Caribbean, and Western Europe
and others.

8. Role in International Law**

While the **General Assembly** does not have the authority to create binding laws, it
plays an important role in the **progressive development of international law**:

- **Declaration of Principles**: The General Assembly adopts declarations and

conventions that help shape international legal norms (e.g., the **Universal Declaration
of Human Rights**, **Declaration on the Rights of Indigenous Peoples**).
- **Customary International Law**: Its resolutions often contribute to the emergence of
**customary international law** when they reflect consistent state practice and legal
obligations (**opinio juris**).

9. Criticism and Challenges**

Despite its role as a platform for global debate, the General Assembly has faced
criticism for:

- **Lack of enforcement power**: Resolutions are largely non-binding and dependent on

voluntary compliance.

- **Inefficiency**: The sheer size and diverse interests of member states often result in
lengthy debates and slow decision-making processes.

Conclusion

The **United Nations General Assembly** is the most **inclusive** and **representative
organ** of the UN. While it does not have binding authority over member states, its
influence in international diplomacy, norm-setting, and **shaping global consensus** on
critical issues is substantial. Through its debates, resolutions, and declarations, the
General Assembly plays a pivotal role in **shaping international norms**, promoting
cooperation, and addressing challenges of global peace, security, and development.

Resolutions :

The United Nations General Assembly (UNGA) resolutions, while not legally binding,
play an important role in the development of international law and are often considered
a source of international law under certain conditions. Their influence is primarily in
shaping customary international law and guiding state behavior. Here’s how they
contribute to international law:

1. Non-Binding Nature:
  UNGA resolutions are generally recommendatory in nature, meaning they are
not legally binding on member states. Unlike Security Council resolutions under
Chapter VII of the UN Charter, which can impose binding obligations, General
Assembly resolutions do not create formal legal obligations for states.

 However, their significance goes beyond just recommendations. In practice, these

resolutions can influence the actions of states and international bodies, and over
time, some resolutions contribute to the formation of customary international
law.

2. Role in Customary International Law:

 Customary International Law develops from the consistent and general practice
of states, combined with a belief that such practice is legally required (opinio
juris). General Assembly resolutions can contribute to both aspects:

o They reflect the practice of states, especially when adopted by large

majorities.

o They help to establish the opinio juris by showing what the international
community considers to be legal obligations or norms of conduct.

 For example, the Universal Declaration of Human Rights (UDHR), adopted by

the General Assembly in 1948, was originally non-binding. However, many of its
provisions are now considered part of customary international law due to
widespread state practice and acceptance over time.

3. Declaratory and Normative Functions:

 UNGA resolutions often serve a declaratory function by articulating principles

that states should follow, thus guiding the development of international norms.

 In some cases, these resolutions are normative—they define, explain, or elaborate

on legal norms, particularly in areas where formal treaties do not yet exist or are
insufficient.

Examples include:

o UNGA Resolution 2625 (1970), the Declaration on Principles of

International Law concerning Friendly Relations and Cooperation
 among States, which is regarded as codifying key principles of
international law, such as the prohibition of the use of force and the
principle of self-determination.

o UNGA Resolution 3314 (1974), which defines aggression, has been

influential in shaping the legal framework for the crime of aggression in
international law.

4. Influence on Treaties and State Practice:

 General Assembly resolutions often pave the way for the negotiation of treaties.
For instance:

o The United Nations Convention on the Law of the Sea (UNCLOS) was
preceded by General Assembly resolutions advocating the need for a
comprehensive treaty on the seas.

o Resolutions can also serve as a basis for model codes or provide guiding
principles that later form the core of treaties.

5. Soft Law:

 General Assembly resolutions are often referred to as soft law, meaning they are
instruments that do not have the binding force of hard law (treaties or customary
international law), but still play a significant role in the progressive
development of international law.

o For example, Agenda 21, adopted at the UN Conference on Environment

and Development (1992), though not binding, has shaped national policies
on sustainable development globally.

6. Interpretative Role:

 The resolutions of the General Assembly are frequently used as an interpretative

tool by international courts and tribunals to clarify the meaning of international
legal norms.

o For instance, the International Court of Justice (ICJ) has referred to

General Assembly resolutions as evidence of the content of customary
international law in its judgments, including in cases like the Advisory
 Opinion on the Legality of the Threat or Use of Nuclear Weapons (1996),
where the ICJ looked at General Assembly resolutions to understand the
views of the international community.

Conclusion:

While UNGA resolutions are not direct sources of law in the formal sense (i.e., they are
not binding treaties or customary international law by themselves), they serve as an
important catalyst for the creation of international law. They contribute to the
formation of customary international law, influence state practice, and help in the
interpretation and development of legal principles. Thus, their legal significance lies
in their role in shaping the norms and expectations of state behavior in the international
community.

United Nations Security Council (UNSC) resolutions have

a significant role in international law, particularly due to their binding nature in certain
contexts. Unlike General Assembly resolutions, which are generally recommendatory,
some Security Council resolutions, especially those passed under Chapter VII of the UN
Charter, can create binding legal obligations for UN member states. Here’s a detailed
look at how UNSC resolutions act as a source of law:

1. Binding Nature of Security Council Resolutions:

 Article 25 of the UN Charter obliges member states to “accept and carry out the
decisions of the Security Council in accordance with the present Charter.”

 Chapter VII of the UN Charter: When the Security Council acts under Chapter
VII, it has the authority to take measures to maintain or restore international
peace and security. Resolutions passed under this chapter are legally binding on
all UN member states.

o These measures can include sanctions, the use of force, or other actions
necessary to address threats to peace, breaches of peace, or acts of
aggression.

For example:
 o Resolution 1373 (2001), adopted after the 9/11 terrorist attacks, imposed
binding obligations on states to criminalize terrorism, freeze terrorist
assets, and improve international cooperation in combating terrorism.

o Resolution 678 (1990), authorized the use of force to expel Iraq from
Kuwait, thus legally empowering member states to undertake military
action.

2. Legal Source for Sanctions and Enforcement Actions:

 Security Council resolutions under Chapter VII are the primary source for
international sanctions regimes. They provide legal authority for imposing
sanctions (such as economic restrictions, arms embargoes, or travel bans) on
states, organizations, or individuals.

o Resolution 1929 (2010) imposed sanctions on Iran in response to its

nuclear activities.

o Resolution 1970 (2011) and 1973 (2011) imposed arms embargoes, travel
bans, and authorized the use of force in the context of the Libyan civil war.

3. Interpretation and Development of International Law:

 The Security Council’s resolutions often influence the development of

international law, particularly in areas related to peace and security, counter-
terrorism, non-proliferation, and humanitarian intervention.

o Resolution 1244 (1999) established the legal framework for the

international administration of Kosovo, setting important precedents for
state sovereignty, self-determination, and international intervention.

o Resolution 1325 (2000) on women, peace, and security emphasized the

protection of women in conflict and the need for their participation in
peace processes, setting norms for gender equality in international
security.

4. Enforcement Mechanism for International Law:

  The Security Council can enforce compliance with international treaties and
norms by adopting resolutions that require states to take action or refrain from
certain actions.

o For instance, UNSC Resolution 1540 (2004) obliges all states to prevent the
proliferation of weapons of mass destruction (WMDs) by non-state actors,
effectively enforcing global non-proliferation norms.

o UNSC resolutions are sometimes linked to specific treaty regimes, such as

the Non-Proliferation Treaty (NPT) or the Chemical Weapons
Convention (CWC).

5. Resolutions as Quasi-Legislation:

 Some Security Council resolutions are considered to have a quasi-legislative

function, where they set global standards that all member states must follow,
even if they are not directly linked to specific treaty obligations.

o Resolution 1373 (2001) is a prime example, as it imposed obligations

related to counter-terrorism on all states, requiring them to adopt
domestic legislation and cooperate internationally in combating terrorism,
effectively acting as international legislation on terrorism.

6. International Courts and Tribunals:

 The International Court of Justice (ICJ) and other international tribunals often
refer to Security Council resolutions in their judgments. The ICJ has noted that
Security Council decisions, particularly those under Chapter VII, can impose
binding obligations on states.

 The Security Council also plays a role in establishing international criminal

tribunals:

o Resolution 827 (1993) established the International Criminal Tribunal for

the Former Yugoslavia (ICTY).

o Resolution 955 (1994) established the International Criminal Tribunal for

Rwanda (ICTR).
These tribunals contributed significantly to the development of international criminal
law, particularly in the areas of genocide, crimes against humanity, and war crimes.

7. Responsibility to Protect (R2P):

 The Security Council has been instrumental in shaping the concept of

Responsibility to Protect (R2P). Though not a legally binding concept itself, R2P
was operationalized through Security Council resolutions, such as Resolution
1973 (2011), which authorized military intervention in Libya to protect civilians.

o This demonstrates the Council’s role in applying and evolving norms

regarding state sovereignty and humanitarian intervention.

8. Limitations of UNSC Resolutions:

 While UNSC resolutions can be binding, they are limited to issues related to
international peace and security. They cannot, for instance, impose general
obligations unrelated to these issues or override treaty obligations unless acting
within the framework of the Charter.

 Veto Power: The five permanent members of the Security Council (P5: USA, UK,
France, China, and Russia) have veto power, which often influences the adoption
of resolutions. This has led to criticism of the Council’s ability to act impartially
and effectively.

Conclusion:

UN Security Council resolutions, particularly those under Chapter VII, are binding on
all UN member states and act as a direct source of international law in areas related to
peace and security. They have the power to enforce international norms, create legal
obligations, and sometimes act as quasi-legislative instruments in global governance.
Additionally, they contribute to the development, enforcement, and interpretation of
international law through sanctions regimes, the establishment of tribunals, and setting
legal precedents in various areas like counter-terrorism, non-proliferation, and
humanitarian intervention.