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Voting on Important Questions in the United Nations General Assembly

Published online by Cambridge University Press:  28 March 2017

Ernest L. Kerley
Ernest L. Kerley*
Affiliation:
Office of the Legal Adviser, Department of State
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Extract

At its 681st meeting on October 25, 1957, the Fourth Committee of the General Assembly adopted a resolution which provided in part as follows:

The Fourth Committee

Requests the Sixth Committee to consider the following points and to give an opinion thereon to the Fourth Committee:

(a) Which is the voting majority that is applicable to resolutions of the General Assembly on matters concerning Non-Self-Governing Territories in accordance with Chapter XI of the Charter of the United Nations?

(b) Considering that matters concerning Non-Self-Governing Territories are not enumerated in Article 18(2), would it be in accordance with the terms of the Charter to submit a resolution on Non-Self-Governing Territories to a two-thirds vote if an additional category to that effect has not been established beforehand for the Non-Self-Governing Territories in the terms of Article 18(3)?

Type
Research Article
Information
American Journal of International Law , Volume 53 , Issue 2 , April 1959 , pp. 324 - 340
Copyright
Copyright © American Society of International Law 1959

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References

2 U.N. Doe. No. A/C.4/L.501 (1957).

3 U.N. General Assembly, 12th Sess., Official Records, Plenary Meetings, p. 517 (1957).

4 U.N.Doc. No. A/C.6/L.417 (1957).

5 Such an interpretation was made nevertheless: “The decision by which a new category of ‘important questions’ is added to those enumerated in paragraph 2 constitutes an amendment to Article 18, paragraph 2. The procedure of this amendment provided by paragraph 3, constitutes an exception to the provisions of Chapter XVIII regulating the amendment procedure… . Since Article 18, paragraph 3, authorizes the General Assembly only to increase the number of categories of important matters, not to reduce it, the amendment procedure of Chapter XVIII is required for the repeal of an amendment adopted under Article 18, paragraph 3 . “ Kelsen, Law of the United Nations 183-184 (1951). The assumption that the creation of additional categories of questions requiring a two-thirds majority involves an amendment to Art. 18(2) does not appear warranted. It does not follow that when a category requiring a two-thirds majority is set up by the General Assembly it becomes a part of the Charter. The Charter nowhere suggests that newly-created categories become a part of Art. 18, or that the decision to terminate the category would be other than an “other question” under Art. 18(3). At the Senate hearings on the United Nations Charter the ability of the General Assembly to terminate a category created under Art. 18(3) without reference to the procedure set out in Ch. XVIII was assumed both by the Senators and the representative of the Department of State. Hearings on the Charter of the United Nations Before the Senate Committee on Foreign Relations, 79th Cong., 1st Sess., pp. 257-258 (1945).

6 The Rules of Procedure of the General Assembly support this interpretation. Rules 84, 85 and 87 reproduce, mutatis mutandis, the three paragraphs of Art. 18 of the Charter. Rule 87 reproduces Art. 18(3) as follows: “Decisions of the General Assembly on questions other than those provided for in rule 85, including the determination of additional categories of questions to be decided by a two-thirds majority, shall be made by a majority of the Members present and voting.” Rules of Procedure of the General Assembly, ‘U.N. Doc. “No. A/3660 at 15 (1957). It is significant that the term “other questions” in Art. 18(3) of the Charter is transformed to “questions other than those provided for in rule 85” in Rule 87, rather than a phrase such as “other than those listed in rule 85.” It is somewhat surprising to note that this wording has been cited by one delegate as evidence that the list in Art. 18(2) is exhaustive. U.N. General Assembly, 11th Sess., Official Records, Plenary Meetings, p. 1155 (1957).

7 At the 52nd Plenary Meeting, during a discussion of a joint report of the 1st and 6th Committees on an agenda item entitled “Treatment of Indians in the Union of South Africa,” the Argentine delegate intervened on a point of order to propose that “whenever there is a question of the General Assembly of the United Nations wishing to intervene in matters which, it is suspected, may be within the domestic jurisdiction of a state … a two-thirds majority shall be required.” The President declined to put this proposal to a vote on the grounds that a ‘’ suggestion to create a new category of questions in which the General Assembly would intervene in the domestic affairs of a state … would be expressly contrary to the terms of the Charter.” Ibid., 1st Sess., 2nd Pt., Plenary Meetings, pp. 1054-1056 (1946). See also pp. 331-332 below. Compare General Assembly Res. 844 (IX), U.N. Doc. No. A/2890 at 25-26 (1954).

8 U.N. General Assembly, 1st Sess., 2nd Pt., Official Records, Plenary Meetings, p. 1050 (1946).

9 Ibid., p. 1342 (1946).

10 Kelsen, op.,cit. note 5 above, at 180-181.

11 U.N. General Assembly, 11th Sess., Official Records, Plenary Meetings, p. 1158 (1957).

12 Ibid., 1st Sess., 2nd Pt., Plenary Meetings, p. 1059 (1946); 8th Sess., Plenary Meetings, pp. 306-307, 317 (1953); 11th Sess., Plenary Meetings, pp. 1154, 1158, 1166 (1957).

13 Statement of the delegate of India, XJ.N. General Assembly, 1st Sess., 2nd Pt., Official Records, Plenary Meetings, p. 1050 (1946); statement of the delegate of Haiti, ibid., 2d Sess., Plenary Meetings, p. 607 (1947).

14 U.N. General Assembly, 8th Sess., Official Records, Plenary Meetings, p. 317 (1953); ibid., 11th Sess., Plenary Meetings, pp. 1154, 1157, 1163-1164 (1957).

15 Art. Ill of the Charter provides in part: “The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic … “

16 Vkliuchaiut—include. Müller, Russian-English Dictionary 77 (3d ed., 1944).

17 Comprenderán—comprise, include. Appleton, Revised Spanish Dictionary 128 (4th ed., Cuyas, 1953).

18 Pao K'uo—including. Mathews, Chinese-English Dictionary 521, 682 (rev. American ed., 1943).

19 U.N. General Assembly, 8th Sess., Official Records, Plenary Meetings, p. 317 (1953).

20 Ibid., 11th Sess., Plenary Meetings, pp. 1154, 1157, 1163-1164 (1957).

21 Ibid., 1162.

22 Ibid., 1st Sess., 2nd Pt., Plenary Meetings, p. 1058 (1946).

23 Ibid., 1059.

24 Ibid.,

25 Ibid. 1060.

26 lbid.

27 Ibid., 8th Sess., Plenary Meetings, p. 308 (1953).

28 Ibid. 309.

29 Ibid.

30 Ibid. 312, 313, 314, 315-316.

31 Ibid. 316.

32 Ibid. 319-320.

33 Ibid. 323.

34 Pages 330-331 above.

35 TT.N. Doc. NOB. A/251 and A/251/ Add. 1 at 1 (1946).

36 U.N. General Assembly, 1st Sess., 2nd Pt., Official Records, Plenary Meetings, pp. 1348-1349 (1946).

37 Ibid. 1352.

38 Ibid. 1355.

39 Ibid. 1355-1356.

40 lbid. 1356.

41 Ibid. 1356-1357.

42 Ibid., 5th Sess., Plenary Meetings, p. 290 (1950).

43 Ibid., 7th Sess., Plenary Meetings, pp. 413, 449-451 (1952); Hid., 10th Sess., Plenary Meetings, pp. 404-405 (1955).

44 Ibid., 7th Sess., Plenary Meetings, pp. 425-426 (1952).

45 Ibid., 2nd Sess., Plenary Meetings, pp. 709, 719, 732 (1947).

46 Ibid. 743.

47 Ibid., 6th Sess., Plenary Meetings, pp. 456-469 (1952).

48 Ibid., 7th Sess., Plenary Meetings, pp. 343-355 (1952).

49 Ibid., 11th Sess., Plenary Meetings, pp. 1166-1179 (1957).

50 lbid., 3d Sess., 2nd Pt., Plenary Meetings, p. 583 (1949).

51 lbid. 595-598.

52 Ibid. 607.

53 Ibid. 608.

54 Ibid., 7th Sess., Plenary Meetings, p. 330 (1952). Emphasis added.

55 Ibid. 333.

56 Ibid., 10th Sess., Plenary Meetings, p. 404 (1955). Emphasis added.

57 Page 324 above. As stated in the request of the 4th Committee, the issue was raised only with regard to non-self-governing territories. However, the issue raised is generally applicable.

58 U.N. General Assembly, 8th Sess., Official Records, Plenary Meetings, p. 307 (1953).

59 Rule 22 of the Rules of Procedure of the General Assembly provides as follows: “Items on the agenda may be amended or deleted by the General Assembly by a majority of the Members present and voting.” U.N. Doc. No. A/3660 at 5 (1957).

60 U.N. General Assembly, 8th Sess., Official Records, Plenary Meetings, p. 308 (1953).

61 Ibid., 1st Sess., 2nd Pt., Plenary Meetings, p. 1052 (1946).

62 Ibid.,11th Sess., Plenary Meetings, pp. 1155, 1163-1164, 1166 (1957).

63 lbid., 12th Sess., 4th Committee, pp. 155, 156 (1957).

64 Ibid., 153.

65 Ibid., 8th Sess., Plenary Meetings, p. 306 (1953).

66 See p. 327, note 7, above.

67 U.N. General Assembly, 12th Bess., Official Records, 4th Committee, p. 163 (1957).

68 Ibid., 2nd Sess., Plenary Meetings, pp. 580, 640-641 (1947); ibid., 3d Sess., 2nd Pt., Plenary Meetings, p. 583 (1949).

69 Ibid., 6th Sess., Plenary Meetings, pp. 463-469, 473 (1952).

70 Ibid., 1st Sess., 2nd Pt., Plenary Meetings, p. 1060 (1946); 2nd Sess., Plenary Meetings, pp. 666, 743 (1947); 8th Sess., Plenary Meetings, p. 309 (1953) ; 11th Sess., Plenary Meetings, p. 1166 (1957).

71 Ibid., 1st Sess., 2nd Pt., Plenary Meetings, p. 1327 (1946), in which the ruling of the President was erroneously reported, and subsequently corrected at the 2nd Sess., Plenary Meetings, pp. 601-602, 641-642 (1947); ibid., 1st Sess., 2nd Pt., Plenary Meetings, p. 1355 (1946); 2nd Sess., Plenary Meetings, pp. 641-642 (1947); 3d Sess., 2nd Pt., Plenary Meetings, p. 583 (1949); 6th Sess., Plenary Meetings, p. 476 (1952); 7th Sess., Plenary Meetings, pp. 333, 355, 377, 413, 426, 449 (1952); 9th Sess., Plenary Meetings, pp. 248, 490 (1954); 10th Sess., Plenary Meetings, p. 404 (1955).

72 Ibid., 1st Sess., 2nd Pt., Plenary Meetings, pp. 1355-1356 (1946); 2nd Sess., Plenary Meetings, p. 648 (1947); 6th Sess., Plenary Meetings, p. 476 (1952).

73 Ibid., 1st Sess., 2nd Pt., Plenary Meetings, pp. 1367-1369 (1946); 6th Sess., Plenary Meetings, p. 355 (1952).

74 Ibid., 7th Sess., Plenary Meetings, p. 330 (1952).

75 Ibid., 2nd Sess., Plenary Meetings, pp. 641-648 (1947).

76 lbid., 8th Sess., Plenary Meetings, p. 309 (1953).

77 Ibid., 1st Sess., 2nd Pt., Plenary Meetings, p. 1060 (1946).

78 Ibid., 2nd Sess., Plenary Meetings, p. 666 (1947).