ARTICLE 10. ' oril CONTENTS. Text of Article 10 Paragraphs. Introductory Note 1-4. I. General Survey 5-12

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1 ARTICLE 10 CONTENTS Text of Article 10 Paragraphs Introductory Note 1-4 I. General Survey 5-12 Annex. Tabulation of some agenda items bearing on Article 10 ' oril 114

2 ARTICLE 10 TEXT OF ARTICLE 10 The General Assembly may discuss any questions or any matters within the scope of the present Charter of relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters. INTRODUCTORY NOTE 1. No explicit reference to Article 10 was made in the resolutions adopted by the General Assembly during the period under review. 2. Article 10 was however frequently invoked in the course of debates, together with other Articles of the Charter, particularly Articles 11, 12 and 14, but no constitutional issues were raised. Accordingly, only a General Survey is included in the present study. 3. As in previous Supplements to the Repertory, resolutions of the General Assembly admitting a State to membership in the United Nations are treated in the study of Article Resolutions which may have a bearing on Article 10 are listed in the annex, together with the corresponding agenda items. The list includes agenda items which were referred by the General Assembly to the First Committee or the Special Political Committee, agenda items of a political character considered directly at plenary meetings of the General Assembly, as well as agenda items which were referred to other Main Committees of the General Assembly and which, because of the nature of the discussions or the provisions of the resolutions adopted thereon, are also considered to have a bearing on Article 10. No constitutional significance should, however, be attached to this listing, which is merely a convenient means of presenting the material. GENERAL SURVEY 5. Article 10 provides that the General Assembly may make recommendations to the Members of the United Nations or to the Security Council, or to both. The practice of the General Assembly in addressing the recommendations contained in the resolutions bearing on Article 10, listed in the annex, is summarized in the following paragraphs. 6. Recommendations were addressed by the General Assembly as follows: to all Member States; 1 to Member States; 2 to certain Member States; 3 to specific Member States; 4 to all States; 5 to certain States; 6 to States; 7 to all 1 G A resolutions 2160, part I, para. 3; 2162, section A, para. 4; 2249, para. 1; 25, para. 6; 2453, section A, para G A resolutions 2467, section D, paras. 2 and 3; 2548, para. 16; 2600, paras. 1 and 2; 2606, paras. 2 and 3. 3 G A resolutions 2202, section A, para. 4; 22, para. 11; 2260, para. 2; 43. para. 2; 45, para G A resolutions 2138, oper. para. 2; 2145, para. 7; 21, paras. 7 and 8; 2184, para. 5; 2270, para. 7; 24, para. 2; 25, para. 5; 72, para. 12; 79, para. 1; 83, para. 13; 95, paras. 3 and 12; 2452, section A, para. 1; 2507, para. 10; 2508, paras. 7 and G A resolutions 21, para. 3; 2145, para. 9; 2149 Governments or countries; 8 to Governments or parties "concerned"; 9 to Administering Powers; 10 to "colonial, para; 21, para. 10; 23, para. 2; 2162, section B, paras. 1, 2; 2163, paras. 1, 3; 2184, paras. 6 and 8; 2189, paras. 9, 10; 2202, section A, para. 5; 2225, para, (c); 2248, part IV, para. 6; 2270, paras. 8 and 12; 07, paras. 6, 8 and 10; 09, para. 4; 24, para. 3; 26, para. 9; 43, para. 1; 72, paras. 9 and 10; 79, para. 2; 83, paras. 8 and 14; 95, paras. 5, 6 and 9; 96, paras. 7, 10, 11, 12, 13 and 16; 24, paras. 6 and 7; 2506, section A, para. 3; 2506, section B, paras. 4, 5, 6, 7 and 11; 2507, paras. 11 and 13; 2508, paras. 9 and 10; 2517, para. 8; paras. 3 and 6. 6 G A resolutions 23, para. 3; 2163, para. 2; 2250 (S- V), para. 4; para. 2; section B, para G A resolutions 2160, para. 2; 43, para. 3. For the view of the Secretary-General regarding the implementation of the "any State" formula, see G A (XVIII), Plen., 1258th mtg., paras G A resolutions 24, para. 5; 2202, section B, para. 3; 41, section A, para. 7; 41, section B, para. 3; 42, section A, para. 6; 2452, section B, para. 7; 2452, section C, para. 3; 25, section A. para. '/; 25, section C, para G A resolutions 2258, para. 7; 2496, para G A resolutions 2138, para. 2; 21, para. 9; 26, paras. 18 and 21; 83, para. 12; 24, paras. and 18; 2508, para. 8; 2548, paras. 14 and 16. 1

3 116 Vxlla >lci IT. II Powers";" to specific subsidiary organs; 12 to specialized agencies; 13 to governmental organizations; 14 and to petitioners. 7. The General Assembly also addressed recommendations to the Security Council 16 and to the Secretary- General During the period under review, discussions in thé Special Political Committee concerning the item "Comprehensive review of the whole question of peace-keeping operations " included several references to Article 10. However, since the constitutional discussion in such instances dealt mainly with the competence of the General Assembly in matters claimed to be within the pur- 11 G A resolutions 2189, para. 11; 26, para. 10; 24, para. 9; 2548, para G A resolutions 21, para. 12; 23, paras. 4, 6 and 8; 24, paras. 6 and 8; 2162, section C, paras. 1 and 3; 2163, para. 4; 21, third preamb. para.; 2189, paras. 14,, 16 and 17; 2202, para. 8; 2221, para. 7; 2222, para. 4; 22, paras. 5, 13, and ; 2224, para. 3; 2229, para. 6; 2248, part IV, paras. 2, 3 and part V, para; 2249, paras. 2 and 3; 2258 (XXfl), para. 3; 2260, paras. 9, 10, 11, 12, 13 and 14; 2269, para. 3; 2270, para. 17; 2250, para. 5; 07, paras. 12 and 13; 08, paras. 2 and 5; 25, para. 2; 26, paras. 12,'13,, 16 and 19; 40, para: 2; 41, para. 3; 42, section A, para. 4; 42, section Emparas. 1 and 3; 43, para: 4; 44, paras. 1 and 2; 45, para. 4; 46, section A, paras. 2 and 3; 72, para. 4; 73, paras. 4 and 5; 82, paré. 4; 83, para. ; 96, paras. 14 and ; 2403, para. 6; 2451, paras. 1, 2 and 3; 2452, section B,.para. 3; 2453, section A, para. 9; 2453, section B, paras. 2 and 13; 2457, para. 3; 24, paras. 11, 12, 13 and 14; 2466, para. 5; 2467, section A, paras. 2, 3 and 4; 2467, section C, para. 2; 2496, para. 3; 2506, section B, para. 12; 2507, para. 16; 2508,para. ; 2516, para. 5; 2517, para. 6; 25, section A, para. 3; 2548, paras. 10, 11, 12 and 13; 2574, section B, paras. 2, 4 and 6; 2574, section C, para. 3; 2576, para. 2; 2600, para. 4; 2601, section A, paras. 2 and 17; 2601, section B, para G A resolutions 21, para: 11; 2184, para. 9; 2189, para. 8; 2202, para. 10; 2221, para. 5; 2270, para. 13; 40, para. 4; 2453, section B, paras. 11 and 12; 2467, section A, para. 5; 2467, section D, para. 4; 2506, section B, paras. 8 and 10; 2536, para. 3; 2601, section A, paras. 14, and G A resolutions 41, section B, para. 3; 2452, section C, para. 3. G A resolutions 2146, para. 2; 2404, para G A resolutions 2145, para. 8; 21, para. 6; 2184, para. 7; 2202, para. 7; 2248, part IV, para. 5; 2270, paras. 10 and 11; 07, para. 4; 24, para. 4; 25, paras. 7 and 8; 72, para. 13; 83, para. 9; 95, para. 4; 2403, paras. 3 and 4; 24, para. 12; 2498, para. 3; 2506, section B, para. 9; 2507, para. 12; 2508, paras. 12 and 14; 2517, para. 4; 25, section B, paras. 2 and For recommendations addressed to the Secretary-General, see this Supplement under Articles 97 and 98. Chapter IV. The General Assembly view of the Security Council, such constitutional discussion is treated under Article II The study of Article 11 also covers instances in which Article 10 was invoked, but without any constitutional discussion, during consideration of the item "The strengthening of international peace and security" at the twenty-' fourth session of the General Assembly. 19 : 10. At the twenty-second session of the General'Assembly, during the consideration by the First Committee of the item "The Korean question", an explicit reference to Article 10 was made in connexion with the extension of invitations to participate in the debate At the twenty-first session of the General Assembly, during the consideration by the Special Political Committee of the report of the Special Committee on the Policies of Apartheid of the Government of the Republic of South Africa, 21 several references 22 were made to the provisions of Article 10 of the Charter in connexion with recommendations in General Assembly resolutions addressed both to Member States and to the Security Council, as well as in connexion with the refusal of the Government of South Africa to comply with certain provisions of those resolutions containing specific recommendations addressed to that Government by the General Assembly. Two Members raised objections to consideration of the matter on the grounds of domestic jurisdiction. Since most of the discussion appeared to relate to Article 2(7) rather than io Article 10, those references are dealt with in the study of Article 2(7) After the Special Political Committee's adoption of a draft resolution under which the General Assembly, inter alia, would reaffirm that the situation in South Africa and the resulting explosive situation in southern Africa continued to pose a grave threat to international peace and security, the view was expressed that the action called for under the resolution, as adopted, 24 would exceed the powers of the General Assembly under Articles 10, 12 and See this Supplement, under Article 11, paras For texts of relevant satements see: G A, 1st Com., th mtg.: Yugoslavia; 16th mtg.: United States; 18th mtg.: Ecuador; G A, Plen., 1836th mtg.: Malta.. 20 G A, 13th mtg.: Cyprus. 21 G A, Annexes, vol. II, A/66, a.i., pp. 1-59! 22 For texts of relevant statements see: G A,,Spec. Pol. Com., 530th mtg.: Nepal, para. I; Guinea, para. 17; 5^ mtg.: Pakistan, paras. 20-; 5th mtg: Chile, para. 16; 538th mtg.:'ghana, paras. 14 and ; Israel, paras. 17 and 18; Czechoslovakia, paras. 26 and 28; Tunisia, paras. 50 and 51; Sierra Leone, para. 56; 539th mtg.: United Arab Republic, para. 27; Yugoslavia, para. 36; 540th mtg.: Romania, paras. 17 and 18; Albania, paras. 41 and 42; Somalia, para. 44; 542nd mtg.: Sweden, para. 22. G A, Annexes, a.i., A/79, paras. 7 and G A resolution 2202A. 25 G A, Spec. Pol. Com., 542nd mtg.: Mexico, para. 39.

4 Article ANNEX ' Tabulation of some agenda items bearing upon Article 10" Item General Assemblv session Agenda nem General Assemblv revolution Petitions concerning South West Africa Report of the International Atomic Energy Agency Strict observance of the prohibition of the threat or use of force in international relations, and of the right of peoples to self-determination Co-operation between the United Nations and the Organization of African Unity United Nations Conference on the Exploration and Peaceful Uses of Outer Space Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies Report of the Committee on the Peaceful Uses of Outer Space Status of the implementation of the Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of their Independence and Sovereignty The policies of apartheid of the Government of the Republic of South Africa Postponement of the United Nations Conference on the Exploration and Peaceful Uses of Outer Space Report of the International Atomic Energy ^Agency Report of the Committee on arrangements for a conference for the purpose of reviewing the Charter Question of holding a fourth international conference on the peaceful uses of atomic energy Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects launched into Outer Space Report of the Co'mmittee on the Peaceful Uses of Outer Space United Nations Conference on the Exploration and Peaceful Uses of Outer Space Examination of the question of the reservation exclusively for peaceful purposes of the sea-bed and the ocean-floor, and the subsoil thereof, underlying the high seas beyond the limits of present national jurisdiction, and the use of their resources in the interests of mankind The policies of apartheid of the Government of the Republic of South Africa Petitions concerning Namibia - 1, '

5 118 Chapter IV. The General Assembly Tabulation of some agenda items bearing upon Article 10 (< > (continued) Item General Assembly session Agenda item General Assembly resolution Fourth International Conference on the Peaceful Uses of Atomic Energy Report on the International Atomic Energy Agency Examination of the question of the reservation exclusively for peaceful purposes of the sea-bed and the ocean-floor, and the subsoil thereof, underlying the high seas beyond the limits of present national jurisdiction, and the use of their resources in the interests of mankind The policies of apartheid of the Government of South Africa United Nations Trust Fund for South Africa Celebration of the XXV Anniversary of the United Nations Agreement between the Republic of Indonesia and the Kingdom of the Netherlands concerning West New Guinea (West Irian) "^ Manifesto on Southern Africa Report of the International Atomic Energy Agency Question of the reservation exclusively for peaceful purposes of the seabed and the ocean-floor, and the subsoil thereof, underlying the high seas beyond the limits of present national jurisdiction, and the use of their resources in the interests of mankind Fourth International Conference on the Peaceful Uses of Atomic Energy The strengthening of international security The policies of apartheid of the Government of South Africa United Nations Relief and Works Agency for Palestine Refugees in the Near East i ' a This tabulation includes agenda items referred by the General Assembly to the First Committee or the Special Political Committee, agenda items of a political character considered directly by the General Assembly, as well as agenda items which, because of the nature of the discussions or the provisions of the resolutions adopted thereon, are considered to have had a bearing on Article 10.