Knootoss
17-09-2004, 22:32
Hi,
For a new NSresearch project of mine, I am attempting to classify all UN resolutions passed up till now based on their ‘legal status’. For this, I have used the types of Council acts of the EU Council, because they seemed most appropriate for such a hybrid organisation as the NSUN and also give the different classifications I’d like. These classifications are:
Regulation: The resolution is binding in its entirety and directly applicable in all member states
Directive: The resolution is binding as to the result to be achieved, but leaves to the national authorities the choice of form and methods
Joint action: The resolution addresses specific situations where operational action by the UN is deemed to be required; covers objectives, scope, the means to be made available to the UN; if necessary their duration, and the conditions for their implementation.
Common position: The resolution defines the approach of the UN to a particular matter of geopolitical or thematic nature; member states shall ensure that their national policies conform.
Recommendation: has no binding legal force.
For the record, I did not include the ‘decision’ act, which is “binding in its entirety upon those (and only those) to whom it is addressed” as this practice is banned by the NSUN.
Anyway, with some resolutions being rather poorly written and others being, well, ambiguous, I had some trouble assigning classes to a few of these resolutions because their legal implications are unclear.
For this, I am asking your help. I have uploaded an excel document ( http://www.fredvogels.org/images/UNregelsoort.xls) to this post wherein I have made a list of all resolutions (first column) and their assigned legal status (second column.) If With those resolutions where I had doubts, I have assigned an alternative classification in the third column and what I thought was the defining sentence for the legal status in the fourth column. I would like to ask any of you to provide some insight on what you think these resolutions are. Of course, you are all free to nitpick the other categories I assigned too but I think they either speak for themselves or I can defend the choice I made for them.
~Knoot
For a new NSresearch project of mine, I am attempting to classify all UN resolutions passed up till now based on their ‘legal status’. For this, I have used the types of Council acts of the EU Council, because they seemed most appropriate for such a hybrid organisation as the NSUN and also give the different classifications I’d like. These classifications are:
Regulation: The resolution is binding in its entirety and directly applicable in all member states
Directive: The resolution is binding as to the result to be achieved, but leaves to the national authorities the choice of form and methods
Joint action: The resolution addresses specific situations where operational action by the UN is deemed to be required; covers objectives, scope, the means to be made available to the UN; if necessary their duration, and the conditions for their implementation.
Common position: The resolution defines the approach of the UN to a particular matter of geopolitical or thematic nature; member states shall ensure that their national policies conform.
Recommendation: has no binding legal force.
For the record, I did not include the ‘decision’ act, which is “binding in its entirety upon those (and only those) to whom it is addressed” as this practice is banned by the NSUN.
Anyway, with some resolutions being rather poorly written and others being, well, ambiguous, I had some trouble assigning classes to a few of these resolutions because their legal implications are unclear.
For this, I am asking your help. I have uploaded an excel document ( http://www.fredvogels.org/images/UNregelsoort.xls) to this post wherein I have made a list of all resolutions (first column) and their assigned legal status (second column.) If With those resolutions where I had doubts, I have assigned an alternative classification in the third column and what I thought was the defining sentence for the legal status in the fourth column. I would like to ask any of you to provide some insight on what you think these resolutions are. Of course, you are all free to nitpick the other categories I assigned too but I think they either speak for themselves or I can defend the choice I made for them.
~Knoot