A United Nationsresolution is a formal text adopted by a United Nations body. Although any UN body can issue resolutions, in practice most resolutions are issued by the Security Council or the General Assembly.
Legal status
Most experts consider most General Assembly resolutions to be non-binding. Articles 10 and 14 of the UN Charterrefer to General Assembly resolutions as "recommendations"; the recommendatory nature of General Assembly resolutions has repeatedly been stressed by the International Court of Justice. However, some General Assembly resolutions dealing with matters internal to the United Nations, such as budgetary decisions or instructions to lower-ranking organs, are clearly binding on their addressees. Under Article 25 of the Charter, UN member states are bound to carry out "decisions of the Security Council in accordance with the present Charter". Resolutions made under Chapter VII are considered binding, but resolutions under Chapter VI have no enforcement mechanisms and are generally considered to have no binding force under international law. In 1971, however, a majority of the then International Court of Justice members asserted in the non-binding Namibiaadvisory opinion that all UN Security Council resolutions are legally binding. This assertion by the ICJ has been countered by and others. De Wet argues that Chapter VI resolutions cannot be binding. Her reasoning, in part states:
Allowing the Security Council to adopt binding measures under Chapter VI would undermine the structural division of competencies foreseen by Chapters VI and VII, respectively. The whole aim of separating these chapters is to distinguish between voluntary and binding measures. Whereas the specific settlement of disputes provided by the former is underpinned by the consent of the parties, binding measures in terms of Chapter VII are characterised by the absence of such consent. A further indication of the non-binding nature of measures taken in terms of Chapter VI is the obligation on members of the Security Council who are parties to a dispute, to refrain from voting when resolutions under Chapter VI are adopted. No similar obligation exists with respect to binding resolutions adopted under Chapter VII... If one applies this reasoning to the Namibia opinion, the decisive point is that none of the Articles under Chapter VI facilitate the adoption of the type of binding measures that were adopted by the Security Council in Resolution 276... Resolution 260 was indeed adopted in terms of Chapter VII, even though the ICJ went to some length to give the opposite impression.
In practice, the Security Council does not consider its decisions outside Chapter VII to be binding. It has been proposed that a binding triad of conditions—a supermajority of the number of nations voting, whose populations and contributions in dues to the UN budget form a majority of the total—make a General Assembly resolution binding on all nations; the proposal has gone nowhere. For more information on specific resolutions, see:
United Nations resolutions follow a common format. Each resolution has three parts: the heading, the preambular clauses, and the operative clauses. The entire resolution consists of one long sentence, with commas and semi-colons throughout, and only one period at the very end. The heading contains the name of the body issuing the resolution, which serves as the subject of the sentence; the preambular clauses indicating the framework through which the problem is viewed, as a preamble does in other documents; and the operative clauses in which the body delineates the course of action it will take through a logical progression of sequentially numbered operative clauses or recommends to be taken. Each operative clause calls for a specific action. The last operative clause, at least in the Security Council, is almost always "Decides to remain seized of the matter,". The reasoning behind this custom is somewhat murky, but it appears to be an assurance that the body in question will consider the topic addressed in the resolution in the future if it is necessary. In the case of Security Council resolutions, it may well be employed with the hope of prohibiting the UNGA from calling an 'emergency special session' on any unresolved matters, under the terms of the 'Uniting for Peace resolution', owing to the Charter stipulation in Article 12 that: "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." The preambular and operative clauses almost always start with verbs, sometimes modified by adverbs then continue with whatever the body decides to put in; the first word is always either italicized or underlined. However, preambular clauses are unnumbered, end with commas, and sometimes do begin with adjectives; operative clauses are numbered, end with semicolons, and never begin with adjectives. The name of the issuing body may be moved from above the preambular clauses to below them; the decision to do so is mostly stylistic, and the resolution still comprises a coherent sentence.
