The Legalizing and Legitimizing Function of un General Assembly Resolutions

Abstract

In his essay on the Uniting for Peace resolution, Larry Johnson suggests that the General Assembly can recommend non-use of force collective measures when the Security Council is blocked because of a permanent member casting a veto. He rightly points out that today there is no longer any need to use Uniting for Peace for such recommendations. The General Assembly can and has recommended so-called voluntary sanctions in cases where it found a threat to international peace and security to exist. For example, in resolution 2107 (XX) of December 21, 1965 concerning the Question of Territories under Portuguese Administration, the Assembly, making no reference to Uniting for Peace, urged Member States to take the following measures, separately or collectively: (a) To break off diplomatic and consular relations with the Government of Portugal or refrain from establishing such relations; (b) To close their ports to all vessels flying the Portuguese flag or in the service of Portugal; (c) To prohibit their ships from entering any ports in Portugal and its colonial territories; (d) To refuse landing and transit facilities to all aircraft belonging to or in the service of the Government of Portugal and to companies registered under the laws of Portugal; (e) To boycott all trade with Portugal.