UN General Assembly

Introduction

The United Nations General Assembly (UNGA) is one of the six principal organs of the United Nations and serves as its principal deliberative, policymaking and representative organ.

It is established under Chapter IV of the UN Charter, Articles 9–22.

Unlike the Security Council, where five permanent members possess veto power, the General Assembly follows the principle of sovereign equality of Member States, with each Member having one vote.

The General Assembly provides a forum in which all UN Member States can discuss international issues, adopt resolutions, approve the UN budget, elect members of various organs and participate in the development of international law.

Legal Basis

The principal provisions concerning the General Assembly are:

Article	Subject
Article 9	Composition
Article 10	Powers and functions
Article 11	General principles of cooperation in maintaining peace and security
Article 12	Relationship with Security Council
Article 13	Progressive development and codification of international law
Article 14	Peaceful adjustment of situations
Article 15	Reports
Article 16	Trusteeship system
Article 17	Budget
Article 18	Voting
Article 19	Arrears in payment
Article 20	Sessions
Article 21	Rules of procedure
Article 22	Subsidiary organs

Composition

Article 9

The General Assembly consists of all Members of the United Nations.

Each Member State may have up to five representatives in the General Assembly.

However, irrespective of the number of representatives:

Each Member has one vote.

This reflects the principle of sovereign equality under Article 2(1).

Representation

A Member State may send up to five representatives, but it does not receive five votes.

Thus:

One State

↓

Up to 5 representatives

↓

1 vote

This distinction is important for examinations.

Sessions of the General Assembly

Article 20

The General Assembly normally holds:

• regular annual sessions;
• special sessions when necessary.

Special sessions may be convened in accordance with the Charter.

Emergency Special Session

Under the Uniting for Peace framework, an emergency special session may be convened in appropriate circumstances when the Security Council is unable to act because of lack of unanimity among its permanent members.

This mechanism developed through General Assembly Resolution 377(V), 1950.

Powers and Functions

The General Assembly has broad deliberative and recommendatory powers.

Its functions include:

• discussing matters within the scope of the Charter;
• making recommendations;
• promoting international cooperation;
• considering international peace and security;
• promoting human rights;
• approving the UN budget;
• electing members of certain UN organs;
• participating in the election of ICJ judges;
• appointing the Secretary-General upon Security Council recommendation;
• developing and codifying international law;
• establishing subsidiary organs.

Article 10

General Powers

Under Article 10, the General Assembly may discuss questions or matters within the scope of the Charter or relating to the powers and functions of any organ provided for in the Charter.

It may make recommendations to:

• Member States;
• the Security Council;
• both Member States and the Security Council.

General Assembly and International Peace and Security

Article 11

The General Assembly may consider:

• general principles of cooperation in maintaining international peace and security;
• principles governing disarmament;
• regulation of armaments.

It may make recommendations concerning these matters to:

• Member States;
• Security Council;
• or both.

Limitation under Article 12

Article 12(1)

When the Security Council is exercising its functions with respect to a particular dispute or situation, the General Assembly should not make a recommendation regarding that dispute or situation unless the Security Council requests it.

This prevents unnecessary institutional conflict between the two organs.

However, the precise relationship between Articles 11 and 12 has been interpreted in practice rather than functioning as an absolute prohibition on General Assembly discussion.

Article 13: Development of International Law

One of the most important functions of the General Assembly concerns the:

progressive development of international law

and

codification of international law.

This includes encouraging:

• treaty development;
• codification projects;
• international legal studies;
• cooperation concerning international law.

The International Law Commission (ILC) works under the General Assembly’s authority and has played a major role in codification and progressive development.

Article 14

The General Assembly may recommend measures for the peaceful adjustment of situations that it considers likely to impair:

• general welfare;
• friendly relations among nations.

The situations may arise regardless of their origin, provided they fall within the Charter framework.

General Assembly and Human Rights

The General Assembly has played a central role in the development of international human rights law.

A landmark example is the adoption of the:

Universal Declaration of Human Rights, 1948

The General Assembly adopted the UDHR on 10 December 1948.

The General Assembly has also been involved in adopting major international human rights treaties and declarations.

General Assembly and Decolonisation

The General Assembly played a major role in the process of decolonisation.

A landmark instrument was:

Declaration on the Granting of Independence to Colonial Countries and Peoples, 1960

This declaration strengthened the international recognition of the principle of self-determination of peoples.

The General Assembly also supervised and supported the international trusteeship and decolonisation processes.

General Assembly and Budget

Article 17

The General Assembly considers and approves the budget of the organisation.

It also apportions the expenses of the organisation among Members.

Therefore, the General Assembly has a major financial function within the UN.

Voting

Article 18

The General Assembly operates on the principle:

One Member → One Vote

However, not every question requires the same majority.

Important Questions

Important questions require a two-thirds majority of Members present and voting.

Important questions include:

• recommendations concerning maintenance of international peace and security;
• election of non-permanent Security Council members;
• election of ECOSOC members;
• election of Trusteeship Council members where applicable;
• admission of new Members;
• suspension of membership rights;
• expulsion of Members;
• budgetary questions.

Other Questions

Other questions are generally decided by a majority of Members present and voting.

Article 18 Flowchart

General Assembly Question

↓

Is it an important question?

↙︎　　　　　　　　　↘︎

Yes　　　　　　 No

↓

2/3 majority　　 Simple majority

of Members　　 of Members

present & voting present & voting

Abstentions

The phrase “present and voting” is important.

Generally, an abstention does not count as a vote either for or against the proposal for purposes of determining the required majority.

Credentials

The credentials of representatives are handled through the General Assembly’s procedures and relevant credentials mechanisms.

Member States appoint their representatives in accordance with their internal processes.

President of the General Assembly

The General Assembly elects its President for each annual session.

The President presides over meetings and performs procedural and representative functions.

The General Assembly also elects Vice-Presidents and constitutes its relevant bodies and committees.

Main Committees

The General Assembly carries out much of its substantive work through its six Main Committees:

• First Committee – Disarmament and International Security;
• Second Committee – Economic and Financial;
• Third Committee – Social, Humanitarian and Cultural;
• Fourth Committee – Special Political and Decolonization;
• Fifth Committee – Administrative and Budgetary;
• Sixth Committee – Legal.

The Sixth Committee is particularly important for international law.

Sixth Committee

The Sixth Committee is the Legal Committee of the General Assembly.

It considers questions relating to:

• international law;
• codification;
• legal principles;
• international conventions;
• international institutional matters.

The work of the International Law Commission is closely connected with the Sixth Committee.

General Assembly Resolutions

The General Assembly frequently adopts resolutions.

In most circumstances, General Assembly resolutions are recommendatory rather than legally binding on Member States.

However, this does not mean that they are legally irrelevant.

They may:

• influence State practice;
• contribute to the development of customary international law;
• provide evidence of opinio juris;
• clarify international standards;
• contribute to treaty development;
• have important political and normative authority.

General Assembly Resolutions and Customary International Law

A General Assembly resolution does not automatically create customary international law.

For a customary rule to emerge, the requirements of:

• State practice;
• opinio juris

must be satisfied.

However, resolutions may provide evidence concerning the existence or development of those elements.

Binding and Non-Binding Functions

A useful examination distinction is:

Generally Recommendatory

Most General Assembly resolutions addressed to States are recommendations.

Binding in Institutional Matters

Certain decisions concerning the internal functioning of the UN can have binding institutional effect, such as decisions concerning:

• the UN budget;
• internal organisation;
• elections;
• appointments within the Charter framework.

Therefore, it is incorrect to say simply:

“All General Assembly resolutions are non-binding.”

General Assembly and Security Council

The General Assembly and Security Council have different functions.

General Assembly	Security Council
All UN Members	15 Members
One State, one vote	Five permanent members + ten elected members
Broad deliberative role	Primary responsibility for peace/security
Generally recommendatory resolutions	Can adopt binding decisions under Charter framework
No veto	Permanent members have veto
Article 9 onwards	Article 23 onwards
Budgetary authority	Collective security/enforcement
Develops/codifies international law	Responds to threats to peace

General Assembly and ICJ

The General Assembly has an important relationship with the International Court of Justice.

It participates in the election of ICJ judges along with the Security Council.

Advisory Opinions

Under Article 96 of the UN Charter, the General Assembly may request an ICJ advisory opinion on any legal question.

This is an important power.

Examples

The General Assembly has requested advisory opinions concerning:

• Reparation for Injuries;
• Namibia;
• Western Sahara;
• Wall in the Occupied Palestinian Territory;
• Kosovo;
• Chagos Archipelago;
• Legal consequences arising from the policies and practices in the Occupied Palestinian Territory.

General Assembly and Secretary-General

The General Assembly appoints the Secretary-General upon the recommendation of the Security Council.

Therefore:

Security Council recommendation

↓

General Assembly appointment

This demonstrates the interaction between the two organs.

Election Functions

The General Assembly participates in elections for several UN bodies.

It elects:

• non-permanent members of the Security Council;
• members of ECOSOC;
• members of the Trusteeship Council where applicable;
• judges of the ICJ jointly with the Security Council.

It also acts on appointments and elections provided for under the Charter.

Admission of New Members

The General Assembly plays a decisive role in admitting new UN Members.

The process is:

Application

↓

Security Council recommendation

↓

General Assembly decision

Under Article 18, admission is an important question and requires a two-thirds majority of Members present and voting.

Suspension and Expulsion

The General Assembly also has a role in:

• suspension of membership rights under Article 5;
• expulsion under Article 6.

However, both require a Security Council recommendation.

Subsidiary Organs

Article 22

The General Assembly may establish subsidiary organs as it considers necessary for the performance of its functions.

Examples include various:

• committees;
• commissions;
• working groups;
• subsidiary bodies.

The Human Rights Council, for example, was established by the General Assembly as a subsidiary organ.

General Assembly and International Law

The General Assembly has contributed significantly to international law through:

• declarations;
• conventions;
• resolutions;
• codification projects;
• establishment of expert bodies;
• development of legal principles.

Important areas include:

• human rights;
• law of the sea;
• self-determination;
• State responsibility;
• diplomatic relations;
• international criminal law;
• environmental law.

Legal Committee and International Law Commission

The relationship can be simplified as:

General Assembly

↓

Sixth Committee – Legal Committee

International Law Commission

↓

Codification + Progressive Development of International Law

Uniting for Peace Resolution

General Assembly Resolution 377(V), 1950

The Uniting for Peace resolution was adopted in the context of concerns that the Security Council might be unable to act because of lack of unanimity among its permanent members.

It provides a mechanism for the General Assembly to consider the matter and make appropriate recommendations where the Security Council fails to exercise its primary responsibility in circumstances involving a threat to peace, breach of peace or act of aggression.

It does not transfer the Security Council’s Charter powers wholesale to the General Assembly.

Emergency Special Sessions

The Uniting for Peace procedure has been associated with Emergency Special Sessions of the General Assembly.

These sessions allow the Assembly to address urgent international situations when the ordinary Security Council process is blocked or otherwise unable to act in the circumstances contemplated by the resolution.

General Assembly and Collective Security

The General Assembly contributes to collective security but does not possess the same enforcement powers as the Security Council under Chapter VII.

The Assembly may:

• discuss international crises;
• make recommendations;
• mobilise political support;
• establish subsidiary mechanisms;
• request advisory opinions;
• use the Uniting for Peace procedure.

However, it generally cannot exercise the Security Council’s Chapter VII enforcement authority simply by passing an ordinary General Assembly resolution.

Important Cases and Opinions

Certain Expenses of the United Nations (1962)

The ICJ considered the powers of the General Assembly and the legality of expenditure undertaken in connection with UN operations.

Importance: Implied powers and the functional authority of UN organs.

Legal Consequences of the Construction of a Wall (2004)

The General Assembly requested an ICJ advisory opinion concerning the legal consequences of the construction of the wall.

Importance: General Assembly advisory-opinion power and international law concerning self-determination, occupation and human rights.

Kosovo Advisory Opinion (2010)

The General Assembly requested the ICJ’s advisory opinion concerning the declaration of independence of Kosovo.

Importance: Advisory jurisdiction and self-determination/territorial questions.

Chagos Advisory Opinion (2019)

The General Assembly requested an advisory opinion concerning the legal consequences of the separation of the Chagos Archipelago from Mauritius.

Importance: Decolonisation and self-determination.

Powers of the General Assembly at a Glance

Function	Relevant Provision
Composition	Article 9
General powers	Article 10
Peace and security principles	Article 11
Security Council relationship	Article 12
International law development	Article 13
Peaceful adjustment	Article 14
Reports	Article 15
Trusteeship	Article 16
Budget	Article 17
Voting	Article 18
Arrears	Article 19
Sessions	Article 20
Procedure	Article 21
Subsidiary organs	Article 22

General Assembly vs Security Council

This is a frequently asked examination topic.

General Assembly

Representative + deliberative + recommendatory

Security Council

Peace and security + enforcement + binding decisions in appropriate Charter circumstances

Simple Memory Trick

GA → Discuss, Recommend, Elect, Budget, Develop

SC → Peace, Security, Enforcement

Limitations on the General Assembly

The General Assembly has broad powers, but its powers are not unlimited.

Important limitations include:

• Charter allocation of functions;
• Article 12 relationship with the Security Council;
• generally recommendatory nature of resolutions;
• inability to exercise unlimited Chapter VII powers;
• requirement to act within Charter purposes and powers;
• dependence upon Member State cooperation.

General Assembly and Sovereign Equality

The voting structure of the General Assembly reflects the Charter principle of sovereign equality.

Regardless of size, wealth or military strength:

India = 1 vote

United States = 1 vote

China = 1 vote

Brazil = 1 vote

Any other Member = 1 vote

This is different from the Security Council’s special voting structure.

General Assembly and International Organisations

The General Assembly also works with:

• specialised agencies;
• subsidiary organs;
• international institutions;
• regional organisations;
• civil society and other actors within applicable UN frameworks.

This allows it to coordinate international cooperation across a wide range of fields.

Complete Functional Flowchart

UN General Assembly

↓

All UN Member States

↓

One State = One Vote

↓

Deliberation

↙︎ ↓ ↓ ↓ ↘︎

Peace & Security
Human Rights
International Law
Budget
International Cooperation

↓

Recommendations / Decisions within Charter powers

↓

International Cooperation + Development of International Law

General Assembly Decision-Making Flowchart

Question before General Assembly

↓

Discussion

↓

Committee consideration

↓

Draft resolution

↓

Voting under Article 18

↙︎　　　　　　　　　↘︎

Important Question　 Other Question

↓

2/3 majority　　　 Majority

↓

Adoption

Quick Revision

• The General Assembly is one of the six principal organs of the UN.
• Its composition is governed by Article 9.
• It consists of all UN Member States.
• Each Member may have up to five representatives.
• Each Member has one vote.
• General powers are contained in Article 10.
• Article 11 deals with general principles of cooperation concerning peace and security.
• Article 13 concerns progressive development and codification of international law.
• Article 14 concerns peaceful adjustment of situations.
• Article 17 concerns the UN budget.
• Article 18 deals with voting.
• Important questions require a two-thirds majority of Members present and voting.
• Other questions generally require a majority of Members present and voting.
• Article 22 allows the General Assembly to establish subsidiary organs.
• The General Assembly participates in the admission of new Members.
• It elects members of several UN organs.
• It elects ICJ judges jointly with the Security Council.
• It appoints the Secretary-General upon Security Council recommendation.
• It may request ICJ advisory opinions under Article 96.
• Most General Assembly resolutions are recommendatory, not automatically binding on States.
• Some General Assembly decisions have binding institutional effect within the UN system.
• Resolution 377(V), Uniting for Peace, provides an important mechanism for General Assembly action when the Security Council is unable to act in the circumstances contemplated by the resolution.
• The General Assembly played a major role in human rights and decolonisation.
• The Sixth Committee is the Legal Committee.
• The General Assembly is not equivalent to the Security Council and does not possess the same Chapter VII enforcement powers.

Key Exam Points

Article 9 → Composition

Article 10 → General powers

Article 11 → Peace and security

Article 12 → Relationship with Security Council

Article 13 → International law

Article 14 → Peaceful adjustment

Article 17 → Budget

Article 18 → Voting

Article 20 → Sessions

Article 22 → Subsidiary organs

Article 96 → Advisory opinions

Resolution 377(V) → Uniting for Peace

One Member → One Vote

Important question → 2/3 majority

Other question → Majority

GA → Deliberation + Recommendation + Budget + Elections + International Law

SC → Primary responsibility for peace and security

Conclusion

The UN General Assembly is the most broadly representative organ of the United Nations because all Member States participate in it on the basis of one State, one vote. It serves as the principal forum for international deliberation and plays a major role in international cooperation, human rights, decolonisation, budgeting, elections and the development and codification of international law.

Although the General Assembly does not generally possess the Security Council’s Chapter VII enforcement powers, its political, normative and legal influence is substantial. Its resolutions can contribute to the development of international law, while its power to request ICJ advisory opinions provides an important link between the political and judicial dimensions of the UN system.

For examinations, the most important sequence is:

Article 9 → Composition

Article 10 → Powers

Article 11 → Peace & Security

Article 13 → International Law

Article 17 → Budget

Article 18 → Voting

Article 22 → Subsidiary Organs

Article 96 → Advisory Opinions

Resolution 377(V) → Uniting for Peace

One State = One Vote

Important Questions = 2/3