Saturday, December 7, 2019
United Nations General Assembly Resolution â⬠Myassignmenthelp.Com
Question: Discuss About The United Nations General Assembly Resolution? Answer: Introducation Among the six elements of the United Nations, the general assembly section is one. In this organ, all the principle of equality in diversity is to be followed and it is the main policy making organ under the United Nation (Ferdinand 2014). The budget system of the United Nation, appointment of the non-permanent members and recommendations for the General Assembly Resolutions are the main objective of UNGA. The resolutions are an important thing regarding the international relationship. However, under Article 38(1) of Statute of International Court of Justice, there is no provision regarding the resolution (Obama 2015). The resolutions are mere recommendation and not legally binding in nature. In certain situations, the recommendations are become binding and the grounds are matters related to budget, election and suspension of the member. The legal character of the resolutions is based on uncertainty as the term has not been decided or defined in proper sense. It is no doubt to state that the resolutions are creating important impact on the international law, but legal status of the resolutions is controversial in nature. According to Article 10, 11 and 13 of the charter of United States, it has been proved that the resolutions have no binding power and they are merely recommendatory. As per the recommendations made by the general assembly in the year 1945, if maximum members of UN have supported the policy made by the UNGA, the character of the resolutions will be binding upon others (Weiss et al. 2016). Does resolution 49/75K can be regarded as an evidence for the development of international customary norms? It is clear from the Articles of the International Court of Justice that the recommendations made by the United Nations General Assembly are not legally binding but they are effective regarding the international policies. There are more than 6000 resolutions are being taken by UNGA with different purpose and the present resolution is adopted to advise the international Court of Justice regarding legality of Nuclear weapons (Pedraza and Rezapour 2016). The detrimental effect of the nuclear weapons had been mentioned in a letter to the general assembly and it is also recommended that the use of nuclear weapon should be prohibited to reduce the threat of nuclear war. Nuclear war has certain impacts on the international law and under Article 96 of the UN charter; UNGA has the right to request ICJ regarding any legal question. Reference: Ferdinand, P., 2014. Rising powers at the UN: an analysis of the voting behaviour of BRICS in the General Assembly.Third World Quarterly,35(3), pp.376-391. Obama, B., 2015. Remarks by President Obama to the United Nations General Assembly.White House, Office of the Press Secretary, September,28. Pedraza, J.M. and Rezapour, S., 2016 A Possible New Mechanism To Achieve Nuclear Disarmament In International Law: The Legal Case Of The Republic Of The Marshall Islands Against The Nuclear Powers In The International Court Of Justice. International Journal of Terrorism Political Hot Spots,11. Weiss, T.G., Forsythe, D.P., Coate, R.A. and Pease, K.K., 2016.The United Nations and changing world politics. Westview Press.
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