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The Binding Triad (or World Parliament) [1] is a proposal to amend the United Nations Charter to allow the United Nations General Assembly to pass binding resolutions with the approval of a supermajority of members. For a resolution to be binding, it would require the support of nations: [2]
The Binding Triad appeals to some world federalists because it could theoretically institute a world government with only one change to the U.N. Charter. However, further amendments would be needed to secure representative government. In addition, it is unclear what impact such a change would have on the role of the United Nations Security Council, which enacts and enforces its own resolutions.
Richard Hudson (Executive Director, Center for War/Peace Studies, New York) argues that the U.N. can become a world parliament, making global decisions on wars. The key notion is the adoption of a new three-part decision-making rule by all U.N. members. The nations would accept as "binding" decisions those resolutions that carried two-thirds of the General Assembly (see above). [3]
Hudson held three weekend "mock U.N. sessions" where the participants are actually from the diplomatic corps of U.N. members. These conferences are "trials" on how the new decision-making might go in "real life". [3]
Two general decision limits are obtained. First, the U.N. would never make decisions about any nation's internal affairs, but only its international ones. Second, the U.N. would not have military forces of its own. Doubts would be referred to the U.N.'s World Court for resolution. Hudson also fields a few of the tough questions raised by his scheme. This ending, of course, invites viewers to their own questions about the scheme. [4]
The International Court of Justice, also called the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordance with international law and gives advisory opinions on international legal issues. The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law.
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and serve as a centre for harmonizing the actions of nations. It is the world's largest international organization. The UN is headquartered in New York City, and the UN has other offices in Geneva, Nairobi, Vienna, and The Hague, where the International Court of Justice is headquartered.
The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, and approving any changes to the UN Charter. Its powers as outlined in the United Nations Charter include establishing peacekeeping operations, enacting international sanctions, and authorizing military action. The UNSC is the only UN body with authority to issue resolutions that are binding on member states.
The United Nations General Assembly is one of the six principal organs of the United Nations (UN), serving as its main deliberative, policymaking, and representative organ. Currently in its 78th session, its powers, composition, functions, and procedures are set out in Chapter IV of the United Nations Charter. The UNGA is responsible for the UN budget, appointing the non-permanent members to the Security Council, appointing the UN secretary-general, receiving reports from other parts of the UN system, and making recommendations through resolutions. It also establishes numerous subsidiary organs to advance or assist in its broad mandate. The UNGA is the only UN organ where all member states have equal representation.
The member states of the United Nations comprise 193 sovereign states. The United Nations (UN) is the world's largest intergovernmental organization. All members have equal representation in the UN General Assembly.
The Charter of the United Nations (UN) is the foundational treaty of the United Nations, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council.
A United Nations Security Council resolution (UNSCR) is a United Nations resolution adopted by the fifteen members of the Security Council (UNSC); the United Nations (UN) body charged with "primary responsibility for the maintenance of international peace and security".
A United Nations General Assembly resolution is a decision or declaration voted on by all member states of the United Nations in the General Assembly.
China is one of the charter members of the United Nations and is one of five permanent members of its Security Council.
The United Nations General Assembly Resolution 2758 was passed in response to the United Nations General Assembly Resolution 1668 that required any change in China's representation in the UN be determined by a two-thirds vote referring to Article 18 of the UN Charter. The resolution, passed on 25 October 1971, recognized the People's Republic of China (PRC) as "the only legitimate representative of China to the United Nations" and removed "the representatives of Chiang Kai-shek" from the United Nations.
The tenth emergency special session of the United Nations General Assembly centers on the Israeli–Palestinian conflict: the ongoing occupation of the West Bank and the Gaza Strip. The session was first convened in 1997 under the president of the General Assembly, Razali Ismail of Malaysia. This occurred when the Security Council failed to make a decision on the issue at two different meetings. The session is currently ongoing as of October 26, 2023.
The International law bearing on issues of Arab–Israeli conflict, which became a major arena of regional and international tension since the birth of Israel in 1948, resulting in several disputes between a number of Arab countries and Israel.
A United Nations resolution is a formal text adopted by a United Nations (UN) body. Although any UN body can issue resolutions, in practice most resolutions are issued by the Security Council or the General Assembly.
The United Nations Security Council veto power is the power of the five permanent members of the UN Security Council to veto any "substantive" resolution. They also happen to be the nuclear-weapon states (NWS) under the terms of the Treaty on the Non-Proliferation of Nuclear Weapons. However, a permanent member's abstention or absence does not prevent a draft resolution from being adopted. This veto power does not apply to "procedural" votes, as determined by the permanent members themselves. A permanent member can also block the selection of a Secretary-General, although a formal veto is unnecessary since the vote is taken behind closed doors.
A United Nations Parliamentary Assembly (UNPA) is a proposed addition to the United Nations System that would allow for greater participation and voice for members of parliament. The idea was raised at the founding of the League of Nations in the 1920s and again following the end of World War II in 1945, but remained dormant throughout the Cold War. The Campaign for a United Nations Parliamentary Assembly (CUNPA) was formed in 2007 by Democracy Without Borders to coordinate pro-UNPA efforts, which as of June 2017 has received the support of over 1,600 members of parliament from over 100 countries worldwide. The Commission on Global Security, Justice and Governance, chaired by former U.S. Secretary of State Madeleine Albright and former Nigerian Foreign Minister Ibrahim Gambari, has called for the creation of a United Nations Parliamentary Network "to raise greater awareness and participation by strengthening the voices of legislators in global institutions." The commission proposes that this Network "would be similar in initial composition to the Parliamentary Network on the World Bank and International Monetary Fund and the Parliamentary Conference on the World Trade Organization". In July 2018, the European Parliament adopted a recommendation to the European Council endorsing a proposal for the establishment of a United Nations Parliamentary Assembly.
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace and security".
United Nations General Assembly Resolution 3314 (XXIX) was adopted by the United Nations General Assembly on December 14, 1974 as a non-binding recommendation to the United Nations Security Council on the definition it should use for the crime of aggression.
Chapter IV of the United Nations Charter contains the Charter's provisions dealing with the UN General Assembly, specifically its composition, functions, powers, voting, and procedures.
Chapter VI of the United Nations Charter deals with peaceful settlement of disputes. It requires countries with disputes that could lead to war to first of all try to seek solutions through peaceful methods such as "negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice." If these methods of alternative dispute resolution fail, then they must refer it to the UN Security Council. Under Article 35, any country is allowed to bring a dispute to the attention of the UN Security Council or the General Assembly. This chapter authorizes the Security Council to issue recommendations but does not give it power to make binding resolutions; those provisions are contained in Chapter VII. Chapter VI is analogous to Articles 13-15 of the Covenant of the League of Nations which provide for arbitration and for submission of matters to the Council that are not submitted to arbitration. United Nations Security Council Resolution 47 and United Nations Security Council Resolution 242 are two examples of Chapter VI resolutions which remain unimplemented.
The Holy See is not a member of the United Nations but was granted permanent observer state status on 6 April 1964. In that capacity, it has the right to attend all sessions of the United Nations General Assembly, the United Nations Security Council, and the United Nations Economic and Social Council to observe their work. Accordingly, the Holy See has established permanent observer missions in New York and in Geneva and has been able to influence the decisions and recommendations of the United Nations.