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This paper made to fulfill the assignment of International Dispute Resolution which lectured by
Mrs. Dr. Sefriani S.H., M.Hum
Written by:
Yogyakarta
2016/2017
CHAPTER I
INTRODUCTION
Background
countries with international organizations are not always running well. Often arising dispute
between them. When such a case occurs, international law played no small role in the solution.
Then a remedies has become important enough attention in International society since the 20th
century - this effort is intended to create a better relationship between countries for the achievement
of world peace. Various methods of dispute resolution has become jurisprudence in different cases.
One method of dispute resolution through the United Nations (UN) framework, an
international organization which is globally and most important in the present. UN and all of his
agencies was established with the objective world and an attempt to create peace, and security in
the world1 through the role of preventive diplomacy, peacekeeping, peace-making, peace building
The purpose of the United Nation are set out in Article 1 (1) of the United Charter is to
bring about by peaceful means, and in conformity with the principles of justice and international
law, adjustment or settlement of international dispute or situations which might lead to a breach
1
Ion Diaconu, Peaceful Settlement of Disputes between States: History and Prospect, in St. J. MacDonald and
Douglas M. Johnston (eds), The Structure and Process if International Law: Essays in Legal Philosophy Doctrine and
Theory, Martinus Nijhoff, 1986.p.1095 as cited by Huala Adolf, Hukum Penyelesaian Sengketa Internasional. Sinar
Grafika. Jakarta. p.1
2
PBB dan Penyelesaian Sengketa Internasional, which can be seen on
http://sugipratiwi.blogspot.co.id/2011/12/pbb-dan-penyelesaian-sengketa.html, last accessed on April 04, 2017 at
11:47 pm.
of peace. Among the principle in accordance with the Organization and its member are to act in
pursuit of such purpose are that all member are to refrain in their international relation from the
threat or use of force against the territorial integrity or political independence of any State, or in
any other manner inconsistent with the Purposes of United Nations (article 2(4)), and that they
shall settle their international dispute by peaceful means in such a manner that international peace
These purposes and principle are reflected in Chapter VI of the Charter, which deals with
the power of the Security Council and General Assembly in respect of Pacific Disputes Settlement
1. The parties to any dispute, the continuance of which is likely to endanger the maintenance
of international peace and security, shall, first, seek a solution by negotiation, enquiry,
2. The Security Council shall, when it deems necessary, call upon the parties to settle their
This was repeated by the General Assembly of The United Nations in its Declaration of the
Principles of International Law concerning Friendly Relations and Co-operation between States of
24 October 1970, and amplified in the Manila Declaration on the Peaceful Settlement of
3
See UN Charter 2(3), which stated in clear: All Members shall settle their international disputes by peaceful
means in such a manner that international peace and security, and justice, are not endangered.
4
Ibid. See UN Charter Art 33.
As one of the main /principal organ of United Nation5, General Assembly has important
role in carrying out the duties and functions of the United Nations. Particularly in maintaining
international peace and security, in accordance with justice and principles of international law.
This paper seeks an integrative agenda for making peace in conflict by using General Assembly
as part of dispute resolution chamber in United Nations. By understanding the agenda of the
General Assembly forum and also knowing about the assemblies, council, and rule of the
procedure inside. It will explain and examine on how the role of General Assembly in taking part
Problem Statement
Based on the background above, then How the role of General Assembly in International Dispute
Resolution?
5
The main organ of the United Nations are based on Chapter III (Article 7 (1)) of the UN Charter consists of the
General Assembly, Security Council, ECOSOC, the Transitional Council, International Court of Justice and the
Secretariat General, which has duty to maintain peace and security, achieve global order as termed to the Charter.
CHAPTER II
CONTENT
Article 7 of the Charter establishes the General Assembly as one of six principal organs
of the United Nations (UN). It is the only one of the six that includes representatives of all member
states, simultaneously respecting and confirming their sovereign equality by giving each of them
one vote, regardless of military power, wealth, population, size of territory, or any other
characteristic. Historically, it is successor to the Assembly of the League of Nations.6 The League
Assembly also included representatives of all member states but tended to be overshadowed by
the League Council, where the foreign ministers of the major powers often met to address the
major crises of the day. Its egalitarian treatment of member states and worldwide composition
The General Assembly (GA) was the one of the instrument and main organ of the United
Nations where all of the member of states has their permanent mission as its delegates.7 Every
members state can send their delegates, not more than 5,8 but its only has one vote for each
member.9 The General Assembly was held their assemble session on meet every year in regular
session commencing on the Tuesday of the third week in September, counting from the first week
that contains at least one working day10 at the Headquarters of the United Nations unless convened
6
Peterson. M.J, the United Nations and General Assembly. Routledge Taylor and Francis Group: London and New
York. 2005. p.2
7
See Art 9(1) UN Charter
8
Ibid. Art 9(2)
9
Ibid. Art 18(1)
10
Rules of procedure. Art 1, based directly on a provision of the Charter (Art. 20), see introduction (of Rules of
procedure) paras. 46 and 48
elsewhere in pursuance of a decision taken at a previous session or at the request of a majority of
the Members of the United Nations11 which led by the president that choose from the parties
member. In ruling its duty, GA are assisted by main committee12, and subsidiary organ13.
Role of International Dispute Resolution; the Functions and Power of the General Assembly
As a forum for multilateral negotiation; Established in 1945 under the Charter of the United
Nations, the General Assembly occupies a central position as the chief deliberative, policymaking
and representative organ of the United Nations.14 Comprising all 193 Members of the United
Nations,15 it provides a unique forum for multilateral discussion of the full spectrum of
international issues covered by the Charter. It also plays a significant role in the process of
The Assembly meets from September to December each year, and thereafter, from January
to August, as required, including to take up outstanding reports from the Fourth and Fifth
Committees. Also during the resumed part of the session, the Assembly considers current issues
of critical importance to the international community in the form of high-level thematic debates
organized by the President of the General Assembly in consultation with the membership.
11
Ibid. Art 3
12
Several Committee in assisting General Assembly to run their duty, pervades; Committee on disarmament and
international security issues; special political committee; social affairs committee, humanitarian and cultural;
committee of decolonization issues; administrative and budgetary affairs committee; legal affairs committee
13
Based on Art 22 UN Charter GA may establish the subsidiary organ which might be necessary to assist General
Assembly in running their function, Such as: UNCTAD (United Nation Conference on Trade and Development);
UNEP (United Nations Environmental Programme); UNCITRAL (United Nations Commission on International Trade
Law); UNDP (United Nations Development Programme); UNITAR (United Nations for Training and Research), etc.
14
General Assembly Resolution 55/2 of 8 September 2000, Section VIII. Accessible through www.un.org/general
assembly/resolutions.
15
See Permanent Missions to the United Nations. Protocol and Liaison Service. Doc ST/PLS/SER.A/306. N 306. June
2016.
During that period, the Assembly traditionally also conducts informal consultations on a
Functions and powers of the General Assembly; The Assembly is empowered to make
recommendations to States on international issues within its competence. It has also initiated
actionspolitical, economic, humanitarian, social and legalwhich have affected the lives of
millions of people throughout the world. The landmark Millennium Declaration, adopted in 2000,
and the 2005 World Summit Outcome Document, reflect the commitment of Member States to
reach specific goals to attain peace, security and disarmament along with development and poverty
eradication; to safeguard human rights and promote the rule of law; to protect our common
environment; to meet the special needs of Africa; and to strengthen the United Nations.
contained in the outcome document of the United Nations summit for the adoption of the post-
According to the Charter of the United Nations, the General Assembly may:17
1. Consider and approve the United Nations budget and establish the financial assessments
of Member States
2. Elect the non-permanent members of the Security Council and the members of other
United Nations councils and organs and, on the recommendation of the Security Council,
16
G.A. Res 70/1
17
http://www.un.org/en/sections/un-charter/chapter-iv/index.html, last accessed on April 04, 2017 at 21:35 pm
3. Consider and make recommendations on the general principles of cooperation for
4. Discuss any question relating to international peace and security and, except where a
recommendations on it
5. Discuss, with the same exception, and make recommendations on any questions within
the scope of the Charter or affecting the powers and functions of any organ of the United
Nations
human rights and fundamental freedoms; and international collaboration in the economic,
7. Make recommendations for the peaceful settlement of any situation that might impair
8. Consider reports from the Security Council and other United Nations organs.
The Assembly may also take action in cases of a threat to the peace, breach of peace or act
of aggression, when the Security Council has failed to act owing to the negative vote of a
permanent member. In such instances, according to its Uniting for peace resolution of 3
November 1950, the Assembly may consider the matter immediately and recommend to its
Direct to the point, it role are written in its duty and authority of GA, pervades:
18
See Special Sessions and Emergency Special Sessions, can be seen at
http://www.un.org/en/ga/about/subsidiary/index.shtml, accessed on April 4, 10:00 pm.
1. implementing peace and international security;19
4. tasks related to the problem of the area that does not have self-government22
7. to amend charter25
The search for consensus; each of the 193 Member States in the Assembly has one vote.
Votes taken on designated important issues such as recommendations on peace and security, the
election of Security Council and Economic and Social Council members, and budgetary questions
require a two-thirds majority of Member States, but other questions are decided by a simple
majority. Votes in the General Assembly to distinguish between issues that are important and not
2. The election of non-permanent members of the Security Council, the trusteeship council
elections, election board members of Ecosoc
19
See UN Charter, Art 11-12
20
Ibid, Art 13
21
Ibid, Art 85
22
Ibid, Art 73
23
Ibid, Art 19
24
Ibid, Art 3-6
25
Ibid, Art 108-109
26
Sri Setianingsih Suwardi, Pengantar Hukum Organisasi Internasional. Jakarta: UI Press. 2004. P.281
3. The admission of new members of the UN
4. Deferment of rights and privileges rights of members
5. Dismissals of the member
6. Problems related to the implementation of the representative system
7. Budgeting affairs
8. The appointment of the secretary general
In recent years, an effort has been made to achieve consensus on issues, rather than
deciding by a formal vote, thus strengthening support for the Assemblys decisions. The President,
after having consulted and reached agreement with delegations, can propose that a resolution be
There has been a sustained effort to make the work of the General Assembly more focussed
and relevant. This was identified as a priority during the 58th session, and efforts continued at
subsequent sessions to streamline the agenda, improve the practices and working methods of the
Main Committees, enhance the role of the General Committee, strengthen the role and authority
of the President and examine the Assemblys role in the process of selecting the Secretary-General.
During the 69th session, the Assembly adopted a landmark resolution on the revitalization
of the work of the General Assembly (69/321), which provided for informal dialogues to be held
with candidates for the position of Secretary-General of the United Nations. As a result, the
President of the 70th session organized a series of such informal dialogues with candidates. The
General Assembly, on the recommendation of the Security Council, is expected to appoint the next
of the revitalization process. It has become an established practice for the Secretary-General to
brief Member States periodically, in informal meetings of the General Assembly, on his recent
activities and travels. These briefings have provided a well-received opportunity for exchange
between the Secretary-General and Member States and are likely to be continued at the 71st
session.
The decision of the UN General Assembly are recommendations27 which means are not
legally binding (binding decision), it is different with the Security Council decisions are binding.28
Although the decision of the UN General Assembly is a decision that contain recommendation,
but in reality there are decisions of the General Assembly that have the binding force that exceeds
in the formal meaning set out in the UN Charter.29 It must be recognized that the decision of the
General Assembly that does not have the binding force immediately, but the resolution of the
General Assembly may have legal implications, all the resolutions concerning the law; the
resolution was an important role in forming what is called a psychological element for international
customary law30. For example; the decision of the General Assembly that are important, such as
resolution of the Declaration of Human Rights, December 10, 1948; Assembly resolution on
"Permanent Sovereignty Over Natural Resources", dated December 14, 1962; Resolution on the
"Charter of Economic Rights and Duties of States," dated January 15, 1975.
27
See UN Charter Art. 10
28
Ibid., Art 25
29
Mochtar Kusumaatmadja, Pengantar Hukum Internasional. Binacipta: Bandung. 1982. p.145
30
Ibid. Kusumaatmadja, p.146-147
Although the UN General Assembly has no power to make binding decisions, havent
power to compel, the power granted by the Charter only give recommendations. This is different
from the power that belongs to the Security Council in which the Security Council resolution has
a binding force, which is why the right to veto in the Security Council was not in the General
Assembly31.
While the Security Council is exercising in respect of any dispute or situation the
functions assigned to it in the present Charter, the General Assembly shall not make any
recommendation with regard to that dispute or situation unless the Security Council so
requests.
In fact, Article 12 (1) of the UN Charter is not a serious limitation of the General Assembly.
In the case Security Council cannot decide an issue due to veto right that used by the member,
those kind of issue of such an agenda is submitted to the General Assembly (thus the problem will
be decided by the non-procedural system, so it doesnt require/ used veto right). General Assembly
are free to discuss the issue. At its inception the United Nations, the General Assembly dominated
by the allied forces, and when the Security Council is powerless to make decisions due to the veto,
the Security Council would shift authority to take security measures by the Security Council to the
UN General Assembly. This happened in 1950 when there was the case in Korea (Uniting for
Peace Resoluiton). But, when countries newly independent such Asian and African has been a
member of the UN and dominate the membership at the General Assembly and voice (vote) in the
UN. When the Communist states (such as the Soviet Union and China and the countries of Eastern
31
Akehurst, Modern Introduction of Interntaional Law, 7th Edition. Routledge; London.1999. p.378-379
Europe) use the General Assembly as a forum to propagate political interests, but the Soviet Union
and China never rely on G.A that can actually support their interests, it due to the General
Assembly is not an organ that have a veto and binding, when the balance of power between the
great powers (super power) is still there, they are more like authorizes the security Council to
resolve the security problems. At the time of post-cold war finished, the authority to decide on
military action based on Chapter 7 of the UN Charter under the authority of the Security Council.
Therefore, the Security Council is often used by the superpowers to win the interests, the
developing countries often are proposing to restructure the Security Council. On the other hand
32
Ibid.,.
CHAPTER III
CLOSURE
Conclusion
The UN General Assembly is arguably the most important forum for the discussion of
global politics. All of the session were reflected and accentuated the changing dynamics of global
politics by providing an environment for global deliberations, an arena for conflict, and an
additional site for diplomacy and transnational issue advocacy. However, it also one of door to
settle international range dispute. By its resolution through General Assembly, it will made change
but it may implied to the jurisprudence and become the international customary law.
Due to GA character as forum of multilateral negotiation, most of issue seen with more
prevailing on subjectivity, political views was seen with many intervention of power of the state,
dealing with the interest of state. With huge number of member, made many interest to be
discusses, dispute to be settle, and burdened with many working agenda. Meanwhile, as effort to
search consensus in GA Every state must respect the dispute resolution process as a process to
keeping safe and secure condition of global world in the platform of General Assembly as
There is so many thing shall be settle and faced by international community, and even the
decision or resolution arent legally binding, and still many things must be addressed and to be
improve. Institutional models possess MU is should not only issuing recommendation resolutiion,
add one committee to determine priority issues that should be discussed by the Security Council,