4) The United Nations (special focus on the Security Council and General Assembly)

Question 1

Question:
How does the UNGA contribute to the development of international law?
(Hint: Think about resolutions and declarations.)

Answer 1

Answer:
The UNGA shapes international law through resolutions, declarations, and conventions, which often influence treaties and customary law.

Example: Universal Declaration of Human Rights (UDHR, 1948), a cornerstone for human rights law, evolved into binding international treaties.

Connection:
While non-binding, UNGA resolutions often serve as precursors to formal legal frameworks.

Question 2

Question:
What powers does the UNGA have under the UN Charter?
(Hint: Articles 10 and 13.)

Answer 2

Answer:

Article 10:

    "The General Assembly may discuss any questions or matters... and may make recommendations to the Members of the United Nations or to the Security Council."

Article 13:

    "The General Assembly shall initiate studies and make recommendations for... the progressive development of international law and its codification."

Connection:
These powers enable the UNGA to initiate studies, foster international cooperation, and influence the development of international norms.

Question 3

Question:
Name examples of UNGA resolutions that influenced international law.
(Hint: Think about aggression and accountability.)

Answer 3

Answer:

Resolution 3314 (1974): Defined aggression, later incorporated into the Rome Statute of the ICC.
Resolution 76/262 (2022): Promotes accountability when the UNSC fails to act.

Connection:
Though non-binding, such resolutions shape global legal standards and contribute to codifying international norms.

Question 4

Question:
What makes UNSC decisions binding on all UN member states?
(Hint: Article 25.)

Answer 4

Answer:

Article 25:

    "The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter."

Connection:
This provision gives the UNSC unique authority to enforce binding obligations on all member states.

Question 5

Question:
What powers does the UNSC have under Articles 39, 41, and 42?
(Hint: Think about sanctions and military measures.)

Answer 5

Answer:

Article 39:

    "The Security Council shall determine the existence of any threat to the peace... and shall make recommendations or decide what measures shall be taken."

Article 41:

    "The Security Council may decide on measures not involving the use of armed force..." (e.g., sanctions).

Article 42:

    "The Security Council may take action by air, sea, or land forces as may be necessary to maintain or restore international peace and security."

Connection:
These powers make the UNSC the primary enforcer of international peace and security.

Question 6

Question:
What is a non-military example of a UNSC resolution enforcing international law?
(Hint: Think about tribunals)

Answer 6

Answer:

Resolution 827 (1993): Established the International Criminal Tribunal for the Former Yugoslavia (ICTY).

Question 7

Question:
How do the UNGA and UNSC complement each other in the international legal system?
(Hint: Think about normative and enforcement roles.)

Answer 7

Answer:

UNGA: Shapes norms and promotes progressive legal development.
UNSC: Enforces binding measures to address immediate threats to peace and security.

Connection:
Their complementary roles balance deliberation and enforcement in international law.

Question 8

Question:
What is the significance of UNGA Resolution 377(V), and how does it work?
(Hint: Think about UNSC gridlock.)

Answer 8

Answer:

Resolution 377(V) - "Uniting for Peace":

    Allows the General Assembly to act in situations where the Security Council is unable to address a threat to international peace and security due to a deadlock, particularly caused by the veto power of permanent members.

Mechanism:
    If the UNSC fails to fulfill its primary role in maintaining peace, the resolution empowers the General Assembly to convene an Emergency Special Session (ESS) to recommend collective measures.
    These measures may include sanctions, peacekeeping efforts, or other actions to restore peace.
    Recommendations require a two-thirds majority vote in the General Assembly.

Binding Nature:
    The recommendations made under this resolution are non-binding; they carry moral and political weight but do not impose legal obligations on member states.

Connection:
This resolution fills a procedural gap in the UN system, enabling action during Security Council paralysis while respecting the non-binding nature of General Assembly recommendations under the UN Charter.