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The Legalizing and Legitimizing Function of UN General Assembly Resolutions

Part of: Uniting for Peace Resolution

Published online by Cambridge University Press:  20 January 2017

Stefan Talmon
Stefan Talmon*
Affiliation:
University of Bonn St. Anne’s College, Oxford
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In his essay on the “Uniting for Peace” resolution, Larry Johnson suggests that the General Assembly can recommend non-use of force collective measures when the Security Council is blocked because of a permanent member casting a veto. He rightly points out that today there is no longer any need to use Uniting for Peace for such recommendations. The General Assembly can and has recommended so-called “voluntary sanctions” in cases where it found a threat to international peace and security to exist. For example, in resolution 2107 (XX) of December 21, 1965 concerning the Question of Territories under Portuguese Administration, the Assembly, making no reference to Uniting for Peace, urged “Member States to take the following measures, separately or collectively:

  1. (a) To break off diplomatic and consular relations with the Government of Portugal or refrain from establishing such relations;

  2. (b) To close their ports to all vessels flying the Portuguese flag or in the service of Portugal;

  3. (c) To prohibit their ships from entering any ports in Portugal and its colonial territories;

  4. (d) To refuse landing and transit facilities to all aircraft belonging to or in the service of the Government of Portugal and to companies registered under the laws of Portugal;

  5. (e) To boycott all trade with Portugal.”

Type
Symposium on the Uniting for Peace Resolution
Information
AJIL Unbound , Volume 108 , 2014 , pp. 123 - 128
Copyright
Copyright © American Society of International Law 2014

References

1 Johnson, Larry D., “Uniting for Peace”: Does it Still Serve Any Useful Purpose?, 108 AJIL Unbound 106 (2014)Google Scholar.

2 GA Res. 2107 (XX) (Dec. 21, 1965).

3 UN Charter, art. 103.

4 Sloan, F. Blaine, The Binding Force of a ‘Recommendation’ of the General Assembly of the United Nations, 25 Brit. Y. B. Int’l L. 1 (1948)Google Scholar.

5 Vienna Convention on the Law of Treaties, No. 18232, art. 62, May 23, 1969.

6 Id. at art. 66(b).

7 Int’l Law Comm’n, Responsibility of States for Internationally Wrongful Acts, 53rd Sess., Apr. 23–June 1, July 2–Aug. 10, 2001, UN Doc. A/56/10; GAOR, 56th Sess. (2001).

8 Int’l Law Comm’n, Draft Articles on Responsibility of States for Internationally Wrongful Acts, with commentaries, 53rd Sess., Apr. 23–June 1, July 2–Aug. 10, 2001, UN Doc. A/56/10; GAOR, 56th Sess. (2001).

9 Voting Procedure on Questions Relating to Reports and Petitions Concerning the Territory of South-West Africa, Separate Opinion of Judge H. Lauterpacht in Advisory Opinion of 7 VI 55, 1995 ICJ REP. 90, 115 (1995).

10 UN Charter art. 103, para. 14.

11 Rep. of the Int’l Law Comm’n, Draft Code of Offences against the Peace and Security of Mankind, 9 UN GAOR Supp. No. 9, art. 2, para. 1, UN Doc. A/CN.4/88 (1954), reprinted in [1954] 2 Y.B. Int’l L. Comm’n 112, 116, UN Doc. A/CN.4/SER.A/1954/Add.1.

12 Rep. of the Int’l Law Comm’n, Draft Code of Crimes against the Peace and Security of Mankind, 51 UN GAOR Supp. No. 10, UN Doc. A/51/10 (1996), reprinted in [1996] 2 Y.B. Int’l L. Comm’n 42, UN Doc. A/CN.4/SER.a/1996/Add.1 (Part 2).

13 GA Res. 2625 (XXV) (Oct. 24, 1970).

14 UN Charter art. 42.

15 UN Charter art. 2, para. 4.

16 See Int’l Law Comm’n, Responsibility of States for Internationally Wrongful Acts art. 54, 53rd Sess., Apr. 23–June 1, July 2–Aug. 10, 2001, UN Doc. A/56/10; GAOR, 56th Sess. (2001).

17 UN Charter art. 18, para. 2.

18 Rules of Procedure of the General Assembly, UN Doc. A/520/Rev.17 (2008).