UPSC MainsLAW-PAPER-I202510 Marks150 Words
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Q16.

Q5. Answer the following questions in about 150 words each : (b) "The General Assembly of the United Nations cannot be called World Parliament." In this context, critically analyse the limitations on the General Assembly.

How to Approach

The question asks for a critical analysis of the limitations of the UN General Assembly (GA), specifically refuting the "World Parliament" analogy. Start by acknowledging the GA's universal membership and broad mandate. Then, critically examine its powers and constraints under the UN Charter, focusing on why its resolutions are generally non-binding and lack enforcement mechanisms. Structure the answer to highlight these limitations, contrasting them with the powers of a national parliament. Conclude by summarizing why the analogy is flawed.

Model Answer

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Introduction

The United Nations General Assembly (GA), established under the UN Charter, serves as the primary deliberative, policymaking, and representative organ of the UN, comprising all 193 Member States. Each state has one vote, reflecting its universality. While often metaphorically referred to as a 'world parliament' due to its inclusive nature and discussion of global issues, this comparison is fundamentally flawed. The GA's structure, mandate, and particularly the nature of its decisions significantly limit its power and efficacy, preventing it from functioning as a true legislative body with binding authority over sovereign states. This analysis critically examines these limitations.

Limitations of the UN General Assembly

While the UN General Assembly possesses significant functions, several key limitations prevent it from being considered a 'World Parliament':
  • Non-Binding Nature of Resolutions: Unlike national parliaments that enact binding laws, the vast majority of GA resolutions are recommendatory in nature. They reflect world opinion but do not carry legal force for Member States, except for internal UN matters like budget approval and procedural decisions. This contrasts sharply with domestic legislative power.
  • Limited Scope under Article 12: UN Charter Article 12 stipulates that the GA shall not make any recommendation regarding a dispute or situation while the Security Council is actively exercising its functions concerning that issue. This significantly restricts the GA's ability to act decisively on major peace and security matters where the Security Council is seized.
  • Lack of Enforcement Mechanism: The GA does not possess its own independent enforcement machinery. Compliance with its recommendations relies heavily on the political will and cooperation of sovereign Member States, which is often lacking, especially when recommendations conflict with national interests.
  • Absence of True Legislative Power: National parliaments create laws applicable within their jurisdiction. The GA, operating in an international system based on state sovereignty, cannot legislate in a similar manner. Its role is primarily consultative, deliberative, and coordinative.
  • Influence of Power Politics: Although each state has one vote, the practical influence of powerful states and voting blocs can sway outcomes or lead to inaction, undermining the principle of equal representation and effective decision-making often associated with parliamentary systems.
Feature National Parliament UN General Assembly
Binding Power Enacts binding laws Primarily issues recommendations (non-binding)
Scope Covers domestic legislative domain Broad, but limited by SC primary responsibility (Art 12) & state sovereignty
Enforcement Has state enforcement mechanisms (police, judiciary) Relies on Member State compliance; no independent mechanism
Representation Based on population/geography within a state Universal membership (1 state, 1 vote)

Conclusion

In conclusion, while the UN General Assembly provides an invaluable platform for global dialogue and consensus-building, the analogy of a 'World Parliament' is inaccurate. Its core limitation lies in the non-binding nature of its resolutions and the absence of robust enforcement mechanisms, stemming from the foundational principle of state sovereignty enshrined in the UN Charter. Unlike a national parliament, it cannot impose laws. Its strength resides in its universality and moral authority, influencing global norms and policies, rather than possessing coercive legislative power. Recognizing these limitations is crucial for understanding the UN's role in international governance.

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

United Nations General Assembly (UNGA)
The main deliberative, policymaking, and representative organ of the UN. It consists of all 193 Member States of the UN, providing a unique forum for multilateral discussion of the full spectrum of international issues covered by the Charter of the United Nations.
International Law
A set of rules, norms, and standards generally recognized in international relations between States. It governs relationships between nations, defining their rights and responsibilities in their interactions with each other and with international entities.

Key Statistics

As of 2023, the UN General Assembly comprises 193 Member States, making it the most representative body within the UN system.

Source: United Nations

Approximately 90% of UNGA resolutions are considered recommendations under Chapter VI of the UN Charter, requiring voluntary compliance, while only a small fraction deal with budgetary and internal matters that are binding.

Source: Analysis of UNGA voting patterns

Examples

The "Uniting for Peace" Resolution (Resolution 377(V))

Adopted in 1950 during the Korean War, this resolution allows the GA to take action when the Security Council is paralyzed by a veto. It allows the GA to meet in emergency special session and recommend collective measures, including the use of armed force if necessary, though these remain recommendations.

Decolonization Mandates

The GA played a crucial role in advocating for and overseeing the process of decolonization through numerous resolutions and declarations, significantly shaping the post-WWII international political landscape and leading to the independence of many nations.

Frequently Asked Questions

Can the UN General Assembly pass binding resolutions?

Generally, no. Most resolutions passed by the UN General Assembly are recommendations and are not legally binding on Member States. Binding decisions are typically reserved for the Security Council under specific circumstances (Chapter VII) and for internal UN budgetary and procedural matters.

What is the main difference between the UN General Assembly and a national parliament?

The primary difference lies in legislative authority and enforcement. National parliaments create laws that are binding on citizens and enforced by the state's judiciary and police. The UN General Assembly primarily issues recommendations, lacking direct enforcement power and relying on the voluntary compliance of sovereign Member States.

Topics Covered

International RelationsUnited NationsInternational LawUN General AssemblyGlobal GovernanceInternational Organizations