ance of the General Assembly in carrying out its functions (Article 12). The relations between the General Assembly on the one hand and the Economic and Social Council and the Trusteeship Council on the other are of a different order. Both of these Councils are subordinate to the General Assembly and act under its authority. These Councils will, however, initiate policies and recommendations for the consideration of the Assembly and will have certain administrative functions to carry out on behalf of the Assembly. The Assembly will be empowered to "receive" and "consider” reports from all three Councils and from other organs. In the case of the Security Council, it is provided that there shall be "annual and special reports" which "shall include an account of the measures that the Security Council has decided upon or taken to maintain international peace and security" (Article 15). This provision caused considerable debate during the course of the Conference and at one stage the Technical Committee in charge had approved a version of the clause which would have conferred upon the General Assembly the right to approve or disapprove the reports of the Security Council, to make observations or recommendations thereon, and to submit recommendations to the Security Council with a view to ensuring complete observance of the duties of the Security Council inherent in its responsibility to maintain international peace and security. This version was objected to on the ground that it would alter the relationship between the Security Council and the General Assembly by making the Security Council a subordinate body. Consequently the Committee agreed upon the language now incorporated in Article 15 with the understanding that the word "consider" as used therein shall be interpreted as encompassing the right to discuss, and that the power of the General Assembly to discuss and make recommendations as defined elsewhere in Chapter IV, is not to be limited in any way with respect to its consideration of reports from the Security Council. The budgetary and electoral functions of the General Assembly in relation to each of the Councils emphasizes also the central position of the General Assembly in relation to the other bodies of the Organization. Relationship of the General Assembly to the Security Council Some of the amendments submitted to the Conference would have modified essentially the distribution of powers outlined in the Dumbarton Oaks Proposals. In several amendments the General Assembly would have been designated as the primary organ of the Organization, while others were designed to give the General Assembly an equal share with the Security Council in the maintenance of peace and security. In still others the Security Council would have been limited by the constant supervision of the Gene.al Assembly in the consideration of methods and measures to maintain peace and security. The substance of these amendments was opposed by the Conference. However, various adjustments were made to perfect the correlation of the General Assembly and the Security Council in matters pertaining to the maintenance of peace and security. The General Assembly, in addition to its right of free discussion at all times, was granted the authority to address to the governments or to the Security Council, or both, its recommendations on principles and questions pertaining to the maintenance of peace and security. The channelling of recommendations to the governments, as well as to the Security Council, may strengthen the process of recommendation and help to check disputes between nations before they reach an acute stage. The United Nations Charter follows the provisions of the Dumbarton Oaks Proposals by providing that the General Assembly must, either before or after discussion, refer to the Security Council questions on which action is necessary. The General Assembly is also empowered to call the attention of the Security Council to situations which are likely to endanger peace or security. Until the moment when the question is taken under consideration by the Security Council, the General Assembly may make recommendations, but from that moment until the Security Council ceases to deal with the matter, the General Assembly must not make recommendations with regard to that dispute or situation unless the Security Council so requests. In order to avoid a situation in which a dispute might be kept on the agenda of the Security Council without being actively considered, a provision was added to the Charter requiring the Secretary-Gen eral, with the consent of the Security Council, to notify the Assembly as soon as the Security Council has ceased to deal with such matters. A clause was also written into Article 12, Paragraph 2, of the Charter providing that the Secretary-General, with the consent of the Security Council, must notify the General Assembly at each session of any matters relative to the maintenance of international peace or security which are being dealt with by the Security Council. These provisions were supported as a means of ensuring that the General Assembly would be kept informed if the Security Council failed to settle a dispute or wished to request a recommendation from the General Assembly. They were also supported on the ground that since all members of the Organization are responsible for assisting in enforcement measures, they are entitled to full information about action that is contemplated or has been taken. The role of the General Assembly in the maintenance of peace and security can be summarized as follows: 1. The right to consider the general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments; 2. The right to make recommendations to the Members or to the Security Council on such principles; 3. The right to discuss any questions pertaining to the maintenance of international peace and security brought before it by any Member of the Organization, by the Security Council or, in certain cases, by a non-member; 4. The right to make recommendations to the Members or to the Security Council with regard to any such questions; 5. The responsibility to refer questions on which action is necessary to the Security Council either before or after discussion or recommendation; 6. The right to call the attention of the Security Council to situations likely to endanger international peace and security; 7. The obligation not to engage in making recommendations while the Security Council is dealing with a dispute unless the Security Council so requests; 8. The right, subject to the judgment of the Security Council, to be notified of any matters relating to the maintenance of international peace and security which are being dealt with by the Security Council and to receive notification when the Security Council ceases to deal with such matters; 9. The responsibility to cooperate with the Security Council, upon its request, in steps to preserve or restore peace. Such measures would include the suspension of members against which enforcement action is being taken, the expulsion of members which persistently violate the principles contained in the Charter, and the enlistment of full support for either non-military or military enforcement measures; 10. The right to receive and consider annual and special reports from the Security Council. These functions of the General Assembly and the relationships between it and the Security Council provide for a maximum utilization of the special qualifications of the General Assembly for effective deliberation and recommendation. Relationship of the General Assembly to the The responsibility of the General Assembly for the development of more widespread and more effective cooperation among the nations in subjects of mutual interest was stated in Chapter V of the Dumbarton Oaks Proposals. At San Francisco the list of subjects was lengthened to add to the economic and social (as well as the political) fields mentioned in the Proposals, the cultural, educational and health fields, and human rights and fundamental freedoms. This list is not, however, intended to be exhaustive or final (Article 13). . The relationship of the Economic and Social Council to the Assembly in these matters is a subordinate one. Although the Economic and Social Council is itself one of the principal organs of the Organization and is intended to carry on the bulk of the work of the Organization in regard to such matters, it acts always under the authority of the General Assembly. The General Assembly itself is specifically empowered to initiate studies and make recommendations for the purpose of promoting cooperation in all fields within its jurisdiction. This jurisdiction includes the coordination of the activities of specialized agencies brought into relationship with the United Nations, which is effected by the Economic and Social Council partly by direct dealings with the agencies, and partly through recommendations to the General Assembly and to the Members. The General Assembly would of course be free to act or not to act upon such recommendations as it might see fit. In the Dumbarton Oaks Proposals, the references to the promotion of respect for human rights and fundamental freedoms was included only in Chapter IX dealing with the Economic and Social Council. In the Charter, however, this responsibility, stated in even broader terms, is mentioned in Chapter IV which relates to the General Assembly, as well as in Chapter X dealing with International Economic and Social Cooperation. It is clear that both organs have responsibility in this field, although again the relationship of the Economic and Social Council to the General Assembly is essentially a subordinate one. The Position of the General Assembly within the Organization From the foregoing description it is clear that the General Assembly occupies a central position in the Organization. Although it cannot invade the functions which have been specifically assigned in security matters to the Security Council, it will nevertheless wield great authority and influence throughout all parts of the Organization and will affect the development of basic policies of the entire Organization. Unlike the functions of the Security Council, which are primarily political and in case of need may be repressive in character, the functions of the General Assembly will be concerned with the promotion of constructive solutions of international problems in the widest range of human relationships, economic, social, cultural and humanitarian. The General Assembly, therefore, may well come to be regarded by all nations as the forum in which their interests can be effectively represented and promoted. |