The Kashmir Dispute and the United Nations

1949 ◽  
Vol 3 (2) ◽  
pp. 278-287 ◽  
Author(s):  
Josef Korbel

During the last two years, the major organs of the United Nations have shown an increasing tendency to attempt the solution of international problems through the employment of special bodies and committees, rather than trying directly to resolve the myriad problems of each dispute. The General Assembly has established special groups on the Balkans, Korea and Palestine and has turned a number of questions over to its Interim Committee, while both the Trusteeship Council and the Economic and Social Council have often worked through ad hoc bodies. The Security Council has also delegated its powers under the Charter on a number of occasions. While retaining general supervision, and requiring that final results be subject to its approval, the Security Council in the case of Indonesia, Palestine and Greece, for example, has created sub-groups possessing a wide latitude of action operating under rather general instructions. Since this procedure enables a subordinate group to concentrate on the problem in hand – and since the creation of such a group may well be undertaken as a means of circumventing the Council's unanimity principle in voting – a study of the subsidiary commissions is of some interest. The United Nations Commission on India and Pakistan is a good case in point.

Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James

This chapter discusses the regular budget of the UN. The UN’s regular budget includes the expenses of its principal organs—the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, the Trusteeship Council, and the Secretariat—as well as subsidiary bodies. From tens of millions in the early years of the organization, the regular budget has grown to billions of dollars. It is composed of various parts, sections, and programmes. No funds may be transferred between different appropriation sections without the authorization of the General Assembly. The remainder of the chapter covers the authorization of programmes; formulation and examination of estimates; approval and appropriation; implementation and the Contingency Fund; audit; the Working Capital Fund; financing of peacekeeping; international tribunals; voluntary contributions; self-support; apportionment of expenses of the organization; and administrative and budgetary coordination between the UN and specialized agencies.


Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James

The UN General Assembly may be described as the world’s leading forum for political discussion. It currently has 193 member states—nearly four times its original membership of 51. In 2005, the General Assembly established an Ad Hoc Working Group on the Revitalization of the General Assembly and has re-established the group annually. A major preoccupation of the Working Group appears to be relations between the General Assembly and the Security Council, including a concern that the latter organ has encroached on the work of the former. This chapter discusses the General Assembly’s membership, voting, and procedure; meetings, regular, and special sessions; subordinate organs; voting; the role of the President; functions; limitations; and Article 11(2) of the UN Charter.


1966 ◽  
Vol 20 (3) ◽  
pp. 430-431

Amendments to Articles 23, 27, and 61 of the Charter of the United Nations, adopted by the General Assembly on December 17, 1963, came into force on August 31, 1965. The amendment to Article 23 enlarges the membership of the Security Council from eleven to fifteen. The amended Article 27 provides that decisions of the Security Council on procedural matters be made by an affirmative vote of nine members (formerly seven) and on all other matters by an affirmative vote of nine members (formerly seven), including the concurring votes of the five permanent members of the Security Council (China, France, the Soviet Union, the United Kingdom, and the United States). The amendment to Article 61 enlarges the membership of the Economic and Social Council (ECOSOC) from eighteen to 27.


1965 ◽  
Vol 59 (4) ◽  
pp. 834-856 ◽  
Author(s):  
Egon Schwelb

The student of the constitutional development of the United Nations has certainly had no reason so far to complain of a scarcity of serious problems and dangerous crises claiming his attention: from Mr. Khrushchev’s proposal of 1960 to abolish the office of the Secretary General and to replace it by an executive organ consisting of three persons representing the Western Powers, the socialist states and the neutralist countries, to the long drawn-out and, at the time of this writing, still unresolved conflict concerning “certain expenses of the United Nations,” the application of Article 19 of the Charter and “the whole question of peace-keeping operations in all their aspects.” It therefore comes as a pleasant change if, for once, he can address himself to a development of the constitutional law of the Organization which is clearly of a non-revolutionary character and is being brought about by applying the very procedure which is laid down in the Charter for changes of this kind: the increase, by the procedure regulated in Article 108 of the Charter, of the number of nonpermanent Members of the Security Council from six to ten and the increase of the membership of the Economic and Social Council from eighteen to twenty-seven. This was done by amendments to Articles 23, 27 and 61 of the Charter, which were adopted by the General Assembly on December 17, 1963, and which, by August 31, 1965, were ratified by 93 Members, i.e., a number exceeding two-thirds of the Members of the United Nations, including all the permanent Members of the Security Council. The amendments entered into force on August 31, 1965. While the changes thus made in the Charter have not brought about fundamental modifications in the structure of the Organization, they are of considerable political importance. Moreover, they are the first amendments in the text of the San Francisco Charter and, in the words of Secretary of State Rusk, “this is enough by itself to endow the event with considerable significance.”


Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James

This chapter discusses voting in the General Assembly, Security Council, and Economic and Social Council (ECOSOC). Voting has become a more complex, politically charged practice with the growth in the membership of the UN and the expanding range of activities undertaken by the organization. These phenomena have also encouraged the trend of adopting decisions by consensus. The majority of resolutions in the General Assembly, the Security Council, and ECOSOC are adopted without a vote. The veto, however, remains highly controversial in the Security Council. The discussions cover the General Assembly’s right to vote and equality of votes; methods of taking decisions; voting conduct and elections; the Security Council’s procedural and non-procedural matters; veto; abstention; non-participation and absence; statements before and after the vote; announcement of vote results; adoption of resolutions and decisions by consensus and elections and the ECOSOC’s right to vote and equality of votes; and decision-making by commissions.


1970 ◽  
Vol 24 (3) ◽  
pp. 479-502 ◽  
Author(s):  
R. L. Friedheim ◽  
J. B. Kadane

International arrangements for the uses of the ocean have been the subject of long debate within the United Nations since a speech made by Ambassador Arvid Pardo of Malta before the General Assembly in 1967. Issues in question include the method of delimiting the outer edge of the legal continental shelf; the spectrum of ocean arms control possibilities; proposals to create a declaration of principles governing the exploration for, and the exploitation of, seabed mineral resources with the promise that exploitation take place only if it “benefits mankind as a whole,” especially the developing states; and consideration of schemes to create international machinery to regulate, license, or own the resources of the seabed and subsoil. The discussions and debates began in the First (Political and Security) Committee of the 22nd General Assembly and proceeded through an ad hoc committee to the 23rd and 24th assembly plenary sessions. The creation of a permanent committee on the seabed as a part of the General Assembly's machinery attests to the importance members of the United Nations attribute to ocean problems. Having established the committee, they will be faced soon with the necessity of reaching decisions. The 24th General Assembly, for example, passed a resolution requesting the Secretary-General to ascertain members' attitudes on the convening of a new international conference to deal with a wide range of law of the sea problems.


1953 ◽  
Vol 7 (2) ◽  
pp. 281-281

The Political Committee of the Arab League met in Cairo beginning December 20, 1952, under the chairmanship of Fathy Radwan (Egypt) to discuss questions relating to Palestine and north Africa. On December 25, the committee issued a statement approving the failure of passage in the United Nations General Assembly of the resolution adopted by the Ad Hoc Political Committee calling for direct negotiations between Israel and the Arab states. The committee condemned “the mere idea of an invitation to Arabs to negotiate with the Israelis” and expressed the hope “that there would be no repetition of these attempts”.


1952 ◽  
Vol 6 (2) ◽  
pp. 192-209 ◽  
Author(s):  
Herbert W. Briggs

The state of China — a nation of possibly 460,000,000 people — has been a Member of the United Nations since the foundation of that organization in 1945. As a Member, China is legally entitled to representation in United Nations organs unless and until, pursuant to preventive or enforcement action taken by the Security Council, the exercise of the rights and privileges of membership may be suspended by the General Assembly upon recommendation of the Security Council. The representatives of China in United Nations organs from 1945 to the present have been accredited by the National Government of the Republic of China. By the end of 1949 control over the mainland of China and over perhaps 450,000,000 people had passed from the National Government to the (communist) “Central People's Government of the People's Republic of China,” the effective control of the National Government having been reduced largely to the island of Formosa.


1966 ◽  
Vol 6 (63) ◽  
pp. 287-296
Author(s):  
Albert Verdoodt

On the 10th December 1948, the General Assembly of the United Nations adopted the Universal Declaration of Human Rights which had been drawn up by a series of meetings of the Commission of Human Rights and the Commission on the Condition of Women as well as major discussions which took place during the first seven sessions of the Economic and Social Council. The General Assembly presented this Declaration “as a common standard of achievement for all peoples and all nations to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education … and by progressive measures, national and international, to secure their universal and effective recognition and observance …”


1949 ◽  
Vol 43 (2) ◽  
pp. 246-261 ◽  
Author(s):  
Marie Stuart Klooz

The effort of the delegate from Argentina to press the admission of certain states into the United Nations despite the negative vote of one of the five permanent members of the Security Council was denounced by the Union of Soviet Socialist Republics, Poland, Belgium, Pakistan, The Netherlands, and France as being contrary to the provisions of the Charter in the discussion on the adoption of the agenda during the Third Session of the General Assembly. These states held that even discussion of such an item by the Assembly was illegal.


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