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G.A. Res. 76/262 on a Standing Mandate for a General Assembly debate when aveto is cast in the Security Council (U.N.)

Published online by Cambridge University Press:  26 January 2023

Pablo Arrocha Olabuenaga
Pablo Arrocha Olabuenaga*
Affiliation:
Pablo Arrocha Olabuenaga is the Legal and Sanctions Coordinator of the Permanent Mission of Mexico to the United Nations, including to the Security Council for the period 2021–2022. He served as personal assistant to the ILC Member Juan Manuel Gómez-Robledo in his role as Special Rapporteur for the provisional application of treaties and since 2019 he is an affiliate of the Harvard Law School Program on International Law and Armed Conflict, United States.
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Extract

On April 26, 2022, the United Nations General Assembly (UNGA), without a vote, adopted resolution 76/262 entitled “Standing mandate for a General Assembly debate when a veto is cast in the Security Council.” Less than two months later, on June 8, 2022, for the first time in history, the UNGA held a debate specifically to address a veto cast by China and Russia in the Security Council (UNSC). This meeting, convened in accordance with resolution 76/262, represents a great step forward for accountability within the UN system and opens a new chapter regarding the balance of power among the principal organs of the organization. The power dynamics within the UNSC, the demands for a more efficient United Nations, the fact that a meaningful UNSC reform is not in sight, and the current polarization resulting from Russia's war of aggression against Ukraine set the context in which the resolution was adopted.

Type
International Legal Documents
Information
International Legal Materials , Volume 62 , Issue 2 , April 2023 , pp. 284 - 288
Copyright
Copyright © The Author(s), 2023. Published by Cambridge University Press on behalf of The American Society of International Law

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References

ENDNOTES

1 G.A. Res. 76/262 (Apr. 28, 2022), https://documents-dds-ny.un.org/doc/UNDOC/GEN/N22/330/37/PDF/N2233037.pdf?OpenElement.

2 For the full text of that article, see https://www.un.org/en/about-us/un-charter/chapter-5.

3 Id.

4 Joint Statement of 7 June 1945, conveyed by France on behalf of the UK, the United States, the USSR and China, in Encyclopedia of the United Nations and International Agreements Vol. 4: T–Z and Index, p. 2587 (Anthony Mango, et al. eds., 3rd ed. 2004) (Anthony Mango, Ed.).

5 For the full text of those articles, see https://www.un.org/en/about-us/un-charter/chapter-4.

6 Available at https://www.globalr2p.org/resources/list-of-signatories-to-the-act-code-of-conduct. As of September 2, 2022, the Code of Conduct has been signed by 121 member states and two observers.

7 Available at https://www.globalr2p.org/resources/political-declaration-on-suspension-of-veto-powers-in-cases-of-mass-atrocities. As of September 2, 2022, 104 member states and two UN observers have signed the declaration.

8 Available at https://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/059/75/PDF/NR005975.pdf?OpenElement.

9 Letter dated June 2, 2022, from the President of the Security Council addressed to the President of the General Assembly, U.N. Doc. A/76/853, https://documents-dds-ny.un.org/doc/UNDOC/GEN/N22/370/55/pdf/N2237055.pdf?OpenElement.

10 Letter dated July 15, 2022, from the President of the Security Council addressed to the President of the General Assembly, U.N. Doc. A/76/905, https://documents-dds-ny.un.org/doc/UNDOC/GEN/N22/429/74/pdf/N2242974.pdf?OpenElement.