UN General Assembly

General Assembly
of the United Nations
Expulsion (Art. 6)
Charter of the United Nations
A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.
2/3 of the members of General Assembly present and voting
upon the recommendation of the Security Council

Suspension (Art. 5)
Charter of the United Nations
A Member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council. The exercise of these rights and privileges may be restored by the Security Council.
2/3 of the members of General Assembly present and voting
upon the recommendation of at least 9 members of the Security Council, including all its permanent members

Article 18 Voting
"Important questions" VS "Other questions"
Important questions
decided by a 2/3 majority of the members present and voting
Include:
a) recommendations with respect to maintenance of peace and security
b) Election of members of Security Council, ECOSOC, Trusteeship Council
c) Admission of new members (Art. 4)
d) Suspension of rights and privileges of members (Art. 5)
e) Expulsion (Art. 6)
f) Budgetary questions

Other questions
- require only majority vote of the members present and voting

Charter of the United Nations
Budgetary/Financial function

Chesterman, Franck, Malone. Law and Practice of the United Nations (2008)
Charter of the United Nations
Article 17
The General Assembly shall consider and approve the BUDGET of the Organization.
The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly.
The General Assembly shall consider and approve any financial and budgetary arrangements with specialized agencies referred to in Article 57 and shall examine the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned.

"This obligation to bear expenses approved and apportioned by the requisite majority is binding even on states that opposed and voted against a particular activity of the Organization has been made clear by the ICJ in Certain Expense Cases. "
Article 16

Chesterman, Franck, Malone. Law and Practice of the United Nations (2008)
Bernas, S.J. Introduction to Public International Law (2009) page 95
Charter of the United Nations
The General Assembly shall perform such functions with respect to the international trusteeship system as are assigned to it under Chapters XII and XIII, including the approval of the trusteeship agreements for areas not designated as strategic.
Palau was the last entity to be under the Trusteeship Council.

The Council suspended its operations after Palau became independent on 1 October 1994.
Supervisory function
Article 15
The General Assembly shall receive and consider annual and special reports from the Security Council; these reports shall include an account of the measures that the Security Council has decided upon or taken to maintain international peace and security.
The General Assembly shall receive and consider reports from the other organs of the United Nations.


Charter of the United Nations
Withdrawal
Charter does not contain provision for withdrawal.
A Declaration (I U.N.C.I.O; Docs 619) was adopted which recognized that while it would be the highest duty of members to continue their cooperation within the organization, a member might feel constrained to withdraw because of "exceptional circumstance".

Examples of exceptional circumstance"
1st, if the Organization was revealed to be unable to maintain peace or could do so only at the expense of law and justice;
2nd, if the rights and obligations of a member as such were changed by Charter amendment in which it has not concurred and which it finds itself unable to accept.

Coquia, Jorge R. and Defensor- Santiago, Miriam. International Law and World Organization (2005) pages 397-399
Withdrawal cont'd.
Case of Indonesia:
announced its intention to withdraw membership in 1965
Reason: seating as a non-permanent member of the Security Council
GA did not consider the reason to be classified as "exceptional circumstance"
GA considers that its recent absence from the Organization was based NOT upon a withdrawal from the UN BUT upon a cessation of cooperation.

Coquia, Jorge R. and Defensor- Santiago, Miriam. International Law and World Organization (2005) pages 397-399
Article 19 Arrears in
Payment of Contributions

"A Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization SHALL have NO VOTE in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The General Assembly may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member."




Primary Sources:
Charter of the United Nations
International Catholic Migration Commission vs. Calleja,
190 SCRA 130, 28 September 1990
Pharmaceutical and Health Care Association of the Philippines vs. Duque III, 535 SCRA 265, 9 October, 2007

Secondary Sources:
http://www.un.org
Bernas, S.J. Introduction to Public International Law (2009)
Cruz, Isagani. International Law (2003)
Coquia, Jorge R. and Defensor- Santiago, Miriam. International Law and World Organization (2005)
Chesterman, Franck, Malone. Law and Practice of the United Nations (2008)
Janis, Mark W. An introduction to International Law. 2003
References:
THANK YOU!!!
Prepared by:
Kariza Bianca M. Borlagdan
Subsidiary Organs

Article 22 provides:
"The General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions."
Subsidiary Organs:
Boards
Commissions
Committees
Councils and Panels
Working Groups

http://www.un.org/en/ga/about
Article 21
The General Assembly shall adopt its own rules of procedure. It shall elect its President for each session.
Sam Kahamba Kutesa
elected President of the United Nations General Assembly's 69th session
on 11 June 2014.
at the time of his election, he was serving as Uganda's Minister for Foreign Affairs, a post he held since 2005.
Article 20 Procedure


The General Assembly shall meet in REGULAR annual sessions and in such SPECIAL sessions as occasion may require.
Special sessions shall be convoked by the Secretary-General
at the request of the Security Council or
of a majority of the Members of the United Nations.




Article 19 Arrears in
Payment of Contributions (cont'd.)




EFFECT:
As rule, SHALL have NO VOTE in the General Assembly.

EXCEPTION:
The General Assembly MAY permit such Member to vote if it is satisfied that the failure to pay is due to CONDITIONS BEYOND THE CONTROL of the Member.

On 9 October 2014, the General Assembly adopted RESOLUTION 69/4 by which it decided that the Comoros, Guinea-Bissau, Sao Tome and Principe and Somalia SHALL BE PERMITTED TO VOTE in the General Assembly until the end of its 69th session.
AMOUNT OF ARREARS > AMOUNT OF CONTRIBUTIONS DUE FOR THE PRECEDECING 2 FULL YEARS
What is the legal status of
General Assembly Resolutions?
Such studies and recommendations are NOT in themselves a form of international legislation. Nonetheless, General Assembly Resolutions are NOT infrequently used as evidence of customary international law.

The General Assembly itself has recommended that its declarations and resolutions be taken into consideration by the ICJ as one way in which the development of international law may be reflected.

Resolutions of international organizations are sometimes regarded as a sort of "SOFT LAW", rules which are neither strictly binding nor completely void of significance. These MAY in time harden into customary international law. (e.g, Pharmaceutical vs Duque)

Janis, Mark W. An introduction to International Law. 2003
Charter of the United Nations
Advisory function (cont'd.)
Convention on the Privileges & Immunities of the
Specialized Agencies of the UN
adopted by the UN General Assembly on 21 November 1947
concurred in by the Philippine Senate
provides diplomatic immunities and privileges to specialized agencies (e.g., inviolability of premises)

ICMC
- registered with ECOSOC
- immune from the application of Philippine Labor Laws



International Catholic Migration Commission vs. Calleja,
190 SCRA 130, 28 September 1990
Charter of the United Nations
Deliberative & Advisory function (cont'd.)
Article 14
Subject to the provisions of Article 12, the General Assembly may recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations.
Charter of the United Nations
Who are the members
of UN General Assembly?
About the General Assembly
The General Assembly (GA) is the main deliberative, policymaking and representative organ of the UN.

Decisions on important questions, such as those on peace and security, admission of new members and budgetary matters, require a two-thirds majority. Decisions on other questions are by simple majority.

Each country has one vote. Some Member States in arrear of payment may be granted the right to vote. See the list of countries in arrears in the payment of their financial contributions.

Principal Organs of UN (Art. 7)
General Assembly
Security Council
Economic and Social Council (ECOSOC)
Trusteeship Council
International Court of Justice (ICJ)
The Secretariat
Article 103
International Constitutional Supremacy Clause

"In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter SHALL PREVAIL."
Bernas, S.J. Introduction to Public International Law (2009) page 94
Brief Background
on International Organizations (cont'd.)
United Nations
-international organization dedicated to the propagation of world peace

Specialized Agencies
-international organization having functions in particular fields


* International Catholic Migration Commission vs. Calleja,
190 SCRA 130, 28 September 1990

Brief Background
on International Organizations
International Organization
-an organization that is set up by treaty among two or more states
constituent document, therefore, is a TREATY
only STATES are members

Non-governmental Organizations (NGO)
- set up by private persons
* Bernas, S.J. Introduction to Public International Law (2009) page 87
* International Catholic Migration Commission vs. Calleja,
190 SCRA 130, 28 September 1990

Membership
Article 3 provides:
"The original Members of the United Nations shall be the STATES which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of January 1,1942, sign the present Charter and ratify it in accordance with Article 110."
Admission to GA
2 Kinds of Members in the UN
1. Original Members
-participated in the UN Conference on International Organization at San Francisco
-previously signed and ratified the Charter of the UN

2. Elective Members
- admitted to the UN
by decision of the General Assembly
upon the favorable recommendation of the Security Council
Cruz, Isagani. International Law (2003) pages 55-57
Admission to GA cont'd.
Charter of the United Nations

Article 4 provides:
"Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.
Deliberative & Advisory function
Article 13
The General Assembly shall initiate studies and make recommendations for the purpose of :
a. promoting international cooperation in the political field and encouraging the progressive development of international law and its codification;
b. promoting international cooperation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.
The further responsibilities, functions, and powers of the General Assembly with respect to matters mentioned in paragraph l(b) above are set forth in Chapters IX and X.


Charter of the United Nations
Limitation in Advisory function
Article 12
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 UNLESS the Security Council so requests.
The Secretary-General, with the consent of the Security Council, shall notify the General Assembly at each session of any matters relative to the maintenance of international peace and security which are being dealt with by the Security Council and shall similarly notify the General Assembly, or the Members of the United Nations if the General Assembly is not in session, immediately the Security Council ceases to deal with such matters.

Charter of the United Nations
Functions and Powers
Article 11
The General Assembly may consider the general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may make recommendations with regard to such principles to the Members or to the Security Council or to both.
The General Assembly may discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the United Nations, or by the Security Council, or by a state which is not a Member of the United Nations in accordance with Article 35, paragraph 2, and, EXCEPT as provided in Article 12, may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both. Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion.
The General Assembly may call the attention of the Security Council to situations which are likely to endanger international peace and security.
The powers of the General Assembly set forth in this Article shall not limit the general scope of Article 10.

Charter of the United Nations
Composition
Article 9
The General Assembly shall consist of ALL the MEMBERS of the United Nations.
Each Member shall have NOT more than
5 representatives in the General Assembly.


Note:
Currently there are 193 members of the
United Nations.
Charter of the United Nations
Admission to GA cont'd.
5 REQUISITES to be eligible for admission:

It must be a State;
It must be peace-loving;
It must accept the obligations of the Charter;
It must be able to carry out these obligations;
It must be willing to carry out these obligations.
Cruz, Isagani. International Law (2003) pages 55-57
Functions and Powers
The FUNCTIONS of the General Assembly may be classified and illustrated as follows:

Deliberative
Supervisory
Financial
Elective
Constituent

Cruz, Isagani. International Law (2003) pages 61-62


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