Legal Status
Most experts consider most General Assembly resolutions to be non-binding. Articles 10 and 14 of the UN Charter refer to General Assembly as "recommendations"; the recommendatory nature of General Assembly resolutions has repeatedly been stressed by the International Court of Justice. However, some General Assembly resolutions dealing with matters internal to the United Nations, such as budgetary decisions or instructions to lower-ranking organs, are clearly binding on their addressees.
Under Article 25 of the Charter, UN member states are bound to carry out "decisions of the Security Council in accordance with the present Charter". Resolutions made under Chapter VII are considered binding, but resolutions under Chapter VI have no enforcement mechanisms and are generally considered to have no binding force under international law. In 1971, however, a majority of the then International Court of Justice (ICJ) members asserted in the non-binding Namibia advisory opinion that all UN Security Council resolutions are legally binding. This assertion by the ICJ has been countered by Erika De Wet and others. De Wet argues that Chapter VI resolutions cannot be binding. Her reasoning, in part states:
Allowing the Security Council to adopt binding measures under Chapter VI would undermine the structural division of competencies foreseen by Chapters VI and VII, respectively. The whole aim of separating these chapters is to distinguish between voluntary and binding measures. Whereas the pacific settlement of disputes provided by the former is underpinned by the consent of the parties, binding measures in terms of Chapter VII are characterised by the absence of such consent. A further indication of the non-binding nature of measures taken in terms of Chapter VI is the obligation on members of the Security Council who are parties to a dispute, to refrain from voting when resolutions under Chapter VI are adopted. No similar obligation exists with respect to binding resolutions adopted under Chapter VII... If one applies this reasoning to the Namibia opinion, the decisive point is that none of the Articles under Chapter VI facilitate the adoption of the type of binding measures that were adopted by the Security Council in Resolution 276(1970)... Resolution 260(1970) was indeed adopted in terms of Chapter VII, even though the ICJ went to some length to give the opposite impression.
In practice, the Security Council does not consider its decisions outside Chapter VII to be binding.
It has been proposed that a binding triad of conditions—a supermajority of the number of nations voting, whose populations and contributions in dues to the UN budget form a majority of the total—make a General Assembly resolution binding on all nations; the proposal has gone nowhere.
For more information on specific resolutions, see:
- United Nations General Assembly Resolution
- United Nations Security Council Resolution
Read more about this topic: United Nations Resolution
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