UPSC MainsLAW-PAPER-I202220 Marks
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Q23.

Describe the various powers and functions of the General Assembly.

How to Approach

This question requires a thorough understanding of the General Assembly's role within the UN system. The approach should be structured around outlining its powers (legislative, budgetary, electoral, etc.) and functions (debates, resolutions, committees, etc.). A table comparing its powers to those of the Security Council would be beneficial to highlight its limitations. Finally, mentioning evolving roles and criticisms will demonstrate a nuanced understanding. A clear structure with headings and subheadings is essential for clarity and comprehensiveness.

Model Answer

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Introduction

The United Nations General Assembly (UNGA) stands as the chief deliberative, policymaking, and representative organ of the United Nations. Established in 1945 under the UN Charter, it comprises all 193 member states, providing a unique forum for addressing global challenges. Unlike the Security Council, which focuses on maintaining international peace and security, the General Assembly's remit is broader, encompassing economic, social, cultural, and humanitarian issues. Recent debates surrounding climate change, the COVID-19 pandemic response, and the Ukraine crisis have underscored the Assembly’s continued relevance, despite limitations on its binding power.

Powers of the General Assembly

The General Assembly's powers are primarily recommendatory, but it holds significant influence through its resolutions and the moral authority they carry. Here's a breakdown:

  • Legislative Power: The UNGA can adopt resolutions and recommendations on any matter within the scope of the UN Charter. These resolutions aren't legally binding in themselves, but they often guide UN agencies and member states' actions. For example, the Universal Declaration of Human Rights (1948) was adopted by the General Assembly and has served as a cornerstone for international human rights law.
  • Budgetary Power: The General Assembly approves the UN's budget. It reviews and approves the financial plans proposed by the Secretary-General, allocating resources to various UN programs and agencies. This provides it with considerable leverage over UN operations.
  • Electoral Power: The UNGA elects the non-permanent members of the Security Council, the members of the Economic and Social Council (ECOSOC), and the judges of the International Court of Justice (ICJ). This demonstrates its influence in key UN organs.
  • Suspension/Expulsion of Members: Under Article 5 of the UN Charter, the General Assembly can suspend the rights of membership of any state that violates the Charter. In extreme cases, it can recommend to the Security Council that a state be expelled from the UN. This power has been used sparingly, but it signifies a significant level of oversight.
  • Initiative Power: Any member state or the Security Council can bring any matter of the agenda of the General Assembly for its consideration.

Functions of the General Assembly

Beyond its formal powers, the General Assembly performs several crucial functions:

  • Debate and Discussion: The General Assembly provides a platform for member states to discuss global issues, air grievances, and forge consensus. The annual General Debate, where heads of state address the Assembly, is a significant event.
  • Committee Work: The General Assembly operates through six Main Committees, each focusing on specific areas like disarmament, economic and financial matters, social and humanitarian questions, and special political questions. These committees prepare reports and recommendations for the Assembly's consideration.
  • Appointment of Secretary-General: While the Security Council recommends a candidate, the General Assembly formally appoints the UN Secretary-General.
  • Adoption of Declarations and Resolutions: The General Assembly adopts declarations (which are statements of principle) and resolutions (which are recommendations for action). These documents often shape international norms and policies.
  • Review of UN Activities: The General Assembly reviews the work of the UN system, assessing its effectiveness and recommending improvements.

Comparison with the Security Council

While both are vital organs of the UN, their powers and functions differ significantly. The following table highlights these differences:

Feature General Assembly Security Council
Binding Power Primarily recommendatory (resolutions are not legally binding) Can pass legally binding resolutions (Chapter VII of the UN Charter)
Membership All 193 Member States 15 Members (5 permanent with veto power, 10 non-permanent elected for 2-year terms)
Focus Broad range of issues (economic, social, humanitarian, cultural) Maintaining international peace and security
Veto Power No veto power Permanent members (China, France, Russia, UK, US) have veto power

Criticisms and Evolving Role

The General Assembly has faced criticisms regarding its lack of binding power and its perceived ineffectiveness in addressing critical global challenges. However, its role is evolving. The President of the General Assembly has been increasingly proactive in advocating for specific issues and engaging with other UN bodies. The adoption of the Sustainable Development Goals (SDGs) in 2015 demonstrated the Assembly's capacity to drive a global agenda. Furthermore, the rise of multilateralism in a world increasingly characterized by geopolitical tensions reinforces the importance of the GA as a platform for dialogue.

Case Study: The Resolution on Climate Change (2023)

In November 2023, the General Assembly adopted a resolution urging all nations to commit to phasing out fossil fuels. While non-binding, the resolution’s broad support (187 votes in favor, 1 abstention, 2 opposed) signaled a global consensus on the urgency of climate action and put pressure on recalcitrant nations to take stronger measures. This illustrates the Assembly’s power to shape international opinion and influence policy, even without direct enforcement mechanisms.

Conclusion

In conclusion, the General Assembly, despite its limitations in terms of legally binding power, remains a crucial organ of the United Nations. It serves as a vital forum for global dialogue, policymaking, and representation, contributing significantly to the UN’s overall mission. While criticisms regarding its effectiveness persist, its evolving role in addressing contemporary challenges and its capacity to shape international norms demonstrate its enduring relevance in the 21st century. The future of multilateralism hinges, in part, on the continued strengthening and adaptation of the General Assembly.

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 foundational treaty of the United Nations, signed in 1945, outlining the UN's purposes, principles, and structure.
Resolution
A formal statement adopted by the General Assembly expressing an opinion or making a recommendation on a particular issue.

Key Statistics

As of 2023, the General Assembly comprises 193 member states, representing virtually all nations of the world.

Source: United Nations Website

The UN budget for 2023-2024 was approximately $3.4 billion, approved by the General Assembly.

Source: UN News

Examples

Universal Declaration of Human Rights

Adopted in 1948, this declaration remains a cornerstone of international human rights law, despite not being a legally binding treaty itself.

Frequently Asked Questions

Why are General Assembly resolutions not legally binding?

The UN Charter designates the Security Council as the primary body for maintaining international peace and security, granting it the power to issue legally binding resolutions. The General Assembly’s resolutions are primarily intended to guide policy and shape international norms through moral persuasion.

Topics Covered

International RelationsLawInternational LawUNInternational Organizations