UPSC MainsLAW-PAPER-I201915 Marks
Q28.

“United Nations is designated as the foremost forum to address the issues that transcend the national boundaries, which cannot be resolved by a country alone.” In the light of this statement, discuss the functions of the General Assembly.

How to Approach

This question requires a nuanced understanding of the UN General Assembly's role. The approach should begin by acknowledging the UN's importance in addressing global challenges. The answer must then systematically discuss the General Assembly’s functions, categorizing them into deliberative, legislative, economic/social, and coordinating roles. It's crucial to illustrate these functions with specific examples and connect them to contemporary global issues. Finally, a brief discussion on limitations will add depth.

Model Answer

0 min read

Introduction

The United Nations, established in 1945 in the aftermath of World War II, stands as a pivotal institution for international cooperation. As the statement rightly points out, it serves as a crucial forum to tackle transnational issues – climate change, pandemics, terrorism – that individual nations cannot effectively resolve alone. The General Assembly (GA), one of the six principal organs of the UN, is the most representative body, comprising all member states. This answer will examine the multifaceted functions of the General Assembly, highlighting its significance in the global governance architecture and its evolving role in the 21st century.

Understanding the General Assembly

The General Assembly (GA) is the main deliberative, policymaking, and representative organ of the United Nations. It provides a forum for member states to discuss and express their views on international issues. Each of the 193 member states has one vote in the GA.

Functions of the General Assembly

The GA’s functions can be broadly categorized as deliberative, legislative, economic/social, and coordinating.

1. Deliberative Functions

  • Forum for Discussion: The GA provides a platform for all member states to voice their concerns and perspectives on a wide range of global issues. Annual General Debate is a key example.
  • Resolutions and Recommendations: It adopts resolutions and makes recommendations on various topics, although these are generally non-binding (except for those concerning budget and procedural matters).
  • Debate on Key Issues: The GA regularly debates pressing global issues like sustainable development, disarmament, and human rights, raising awareness and fostering dialogue.

2. Legislative Functions

  • Budgetary Authority: The GA approves the UN’s budget, allocating resources to various agencies and programs. This is a significant power, as it directly influences the UN’s activities.
  • Elective Functions: The GA elects non-permanent members to the Security Council, the Economic and Social Council (ECOSOC), and judges to the International Court of Justice (ICJ).
  • Appointment of Secretary-General: It recommends the appointment of the Secretary-General to the Security Council.

3. Economic and Social Functions

  • ECOSOC Liaison: The GA plays a crucial role in coordinating the work of the UN’s specialized agencies and programs through ECOSOC.
  • Sustainable Development Goals (SDGs): The GA is instrumental in monitoring progress towards the SDGs, adopted in 2015, providing a framework for global development efforts.
  • Human Rights Promotion: The GA’s Third Committee deals with human rights issues, adopting resolutions and promoting human rights standards globally.

4. Coordinating Functions

  • Policy Coordination: The GA encourages international cooperation and coordination of policies among nations.
  • New Initiatives: It can initiate studies and make recommendations on matters within the scope of the UN Charter.
  • Review of UN Activities: The GA periodically reviews the functioning of the UN system to improve its effectiveness.

Limitations of the General Assembly

Despite its importance, the GA faces several limitations:

  • Non-Binding Resolutions: Most of its resolutions are non-binding, limiting their practical impact.
  • Power of Veto in Security Council: The Security Council’s power to override GA decisions undermines its authority.
  • Representation Issues: While aiming for universal representation, the GA's structure and processes can be influenced by powerful nations.
  • Bureaucracy and Inefficiency: The GA's large size and complex procedures can lead to bureaucratic delays and inefficiency.

Case Study: Climate Change Resolutions

The General Assembly has consistently passed resolutions on climate change, urging member states to take action to reduce greenhouse gas emissions and adapt to the impacts of climate change. While these resolutions are not legally binding, they contribute to building international consensus and political pressure on governments to implement climate policies. The Paris Agreement, while negotiated under the UNFCCC, gained significant momentum and support through GA discussions and advocacy.

The General Assembly remains a vital platform for international dialogue and cooperation, fulfilling its role as the foremost forum for addressing issues that transcend national boundaries. While its resolutions are largely non-binding and it faces limitations, its deliberative, legislative, and coordinating functions are essential for global governance. Adapting to the evolving geopolitical landscape and streamlining its processes will be critical for the GA to maintain its relevance and effectiveness in the years to come, ensuring it remains a central pillar of the United Nations system.

Conclusion

The General Assembly remains a vital platform for international dialogue and cooperation, fulfilling its role as the foremost forum for addressing issues that transcend national boundaries. While its resolutions are largely non-binding and it faces limitations, its deliberative, legislative, and coordinating functions are essential for global governance. Adapting to the evolving geopolitical landscape and streamlining its processes will be critical for the GA to maintain its relevance and effectiveness in the years to come, ensuring it remains a central pillar of the United Nations system.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

UN Charter
The UN Charter is the foundational treaty of the United Nations, outlining its purposes, principles, and structure. It was signed in 1945 and came into force in 1946.
ECOSOC
The United Nations Economic and Social Council (ECOSOC) is one of the six principal organs of the UN, responsible for coordinating the economic and social work of the UN system.

Key Statistics

As of 2023, there are 193 member states in the United Nations General Assembly.

Source: United Nations Website

The UN’s regular budget for 2022-2023 was approximately $3.2 billion, approved by the General Assembly.

Source: UN Website

Examples

Resolution on the Right to Development

GA Resolution 41/128 (1986) recognized the right to development as a collective human right, highlighting the interconnectedness of economic, social, and political development.

Frequently Asked Questions

What is the difference between a General Assembly resolution and a Security Council resolution?

General Assembly resolutions are primarily recommendations and declarations, while Security Council resolutions can be legally binding under Chapter VII of the UN Charter, allowing for enforcement measures like sanctions or military action.

Topics Covered

International LawInternational OrganizationsUNGeneral AssemblyInternational Cooperation