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Introduction
The United Nations was established following the conclusion of the Second World War and in the light of Allied planning and intentions expressed during that conflict.
The Charter of the United Nations is not only the multilateral treaty which created the organization and outlined the rights and obligations of those states signing it, it is also the constitution of the UN, laying down its functions and prescribing its limitations.3 Foremost amongst these is the recognition of the sovereignty and independence of the member states.
United Nations General Assembly
The General Assembly is the parliamentary body of the UN organization and consists of representatives of all the member states, of which there are currently 192.
Membership of United Nations General Assembly
Membership of the UN, as provided by article 4 of the Charter, 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 and is effected by a decision of the General Assembly upon the recommendation of the Security Council. Other changes in membership may take place.
Suspension of Members of United Nations General Assembly
Membership of the UN may be suspended under article 5 of the Charter by the General Assembly, upon the recommendation of the Security Council, where the member state concerned is the object of preventive or enforcement action by the Security Council. Article 6 allows for expulsion of a member by the General Assembly, upon the recommendation of the Security Council, where the member state has persistently violated the Principles contained in the Charter.
Voting Rights of Members
Voting in the Assembly is governed by article 18, which stipulates that each member has one vote only, despite widespread disparities in populations and resources between states, and
that decisions on ‘important questions’, including the admission of new members and recommendations relating to international peace and security, are to be made by a two-thirds majority of members present and voting.
Binding Effect of Decision of General Assembly
Except for certain internal matters, such as the budget, the Assembly cannot bind its members. It is not a legislature in that sense, and its resolutions are purely recommendatory.
Such resolutions, of course, may be binding if they reflect rules of customary international law and they are significant as instances of state practice that may lead to the formation of a new customary rule, but Assembly resolutions in themselves cannot establish binding legal obligations for member states. The Assembly is essentially a debating chamber, a forum for the exchange of ideas and the discussion of a wide-ranging category of problems.
It meets in annual sessions, but special sessions may be called by the Secretary-General at the request of the Security Council or a majority of UN members. Emergency special sessions may also be called by virtue of the Uniting for Peace machinery. Ten such sessions have been convened, covering situations ranging from various aspects of the Middle East situation in 1956, 1958, 1967, 1980 and 1982 and a rolling session commencing in 1997, to Afghanistan in 1980 and Namibia in 1981.
Organs of General Assembly
The Assembly has established a variety of organs covering a wide range of topics and activities. It has six main committees that cover respectively disarmament and international security; economic and financial; social, humanitarian and cultural; special political and decolonization; administrative and budgetary; and legal matters.35 In addition, there is a procedural General Committee dealing with agenda issues and a Credentials Committee.
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There are also two Standing Committees dealing with inter-sessional administrative and budgetary questions and contributions, and a number of subsidiaries, ad hoc and other bodies dealing with relevant topics, including the International Law Commission, the UN Commission on International Trade Law, the UN Institute for Training and Research, the Council for Namibia and the UN Relief and Works Agency. The Human Rights Council, established in 2006, is elected by and reports to the Assembly.
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