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The King’s College London Model United Nations Society is a group of graduate and undergraduate
students from King’s College London who meet regularly to discuss international issues and represent
the College at student international affairs conferences.

The society attends MUN conferences all over the world, winning many awards for its contributions.
They also loan staff and other support to the London International Model United Nations conference,
the largest university-level MUN conference in the UK.




Copyright © 2005
King’s College London Model United Nations Society

All rights reserved. No part of this publication may be reproduced in any form by any means, electronic or
mechanical, including photocopying or recording, or stored in an information retrieval system, without the
permission in writing from King’s College London Model United Nations Society.
«
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"   %   $                                       %
        The General Assembly
        The International Court of Justice
        The Security Council
        The Economic and Social Council
        The International Court of Justice
        Other International Bodies
        An Introduction to International Law
        Resolution Basics

"   &   '       ()                             #%
        Formal Debate
        Informal Debate
        Points and Motions
        The Passage of a Resolution

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        Preambulatory Clauses
        Calling upon States
        A Legislative Approach
        An Organisational Approach

"   -   .        ) "                           %/
        Research
        Public Speaking
        Negotiation and Consensus Building

                                               %,
$                                                   !#

   odel United Nations (MUN) simulates the diplomacy of the many forums of international
relations. It aims to build an understanding of global challenges amongst young people that
crosses borders of background, culture and nationality. Using both the knowledge and the
relationships they form through MUN, it is hoped that that the next generation of world
leaders and thinkers will be able to work co-operatively to find solutions to future global
problems that are compatible with the aims and principles of the United Nations.

Taking on the role of an ambassador to the UN, participants can experience the complexities
of international policy formation at first hand. Knowledge of global politics is not only
important to students of international relations or other social sciences, but also to future
leaders and thinkers in academia, business, law, medicine, science and wider civil society.

MUN also aims to develop transferable skills essential to all fields of study and employment.
Delegates must demonstrate strong leadership, initiative and expertise in public speaking.
Participants must be skilled at negotiation and consensus building, and be able to create
relationships rapidly with people of alternative backgrounds and viewpoints.

MUN was established in the 1930s, when universities in the United States began to simulate
the discussion of the League of Nations. Today, MUN recreates the debate of an
extraordinary range of diplomatic forums, including inter-governmental bodies such as the
UN General Assembly, regional organisations such as the European Council and judicial
bodies such as the International Criminal Court.

Each participant or ‘delegate’ represents the viewpoint of a single Member State of the
United Nations or non-governmental organisation (NGO), researching that country’s or
NGO’s policy and advocating these views to other delegates. The debate is controlled using
conventions and rules based on those used at genuine international summits. The objective is
always to reach consensus and pass a statement of the international community’s response to
a particular area of concern. These formal statements - called resolutions - contain collective
action that will be taken to address the issue.

Hundreds of thousands of students in universities across the world participate in MUN
debate, but it is only when brought together at conferences that the recreation of
international diplomacy approaches realism. Most university societies visit one or two large
international conferences a year – attracting up to 3,000 students – and three or four national
conferences – attracting about 300 students.

Recreating around a dozen different international organisations or committees, conferences
offer an intense schedule of debate and negotiation followed by social events during the
evenings. Most conferences will be visited by senior figures from the international affairs
community, who offer delegates an insider’s perspective on the issues being discussed and
an important link to reality. Conferences often include tours and other events to expose
delegates to the culture of the host country and social events to offer the opportunity of
meeting other multinational delegates informally. Some conferences also organise post-
conference excursions to explore the wider natural and cultural beauty of the host country
once debate has been closed.
$                                          !%

$t  is important to understand the role and structure of the United Nations (UN) before
attempting to engage with its agenda. This chapter provides an introduction to the UN and
outlines the various forums that are commonly recreated at MUN conferences, their powers,
composition and responsibilities. It also provides a basic guide to international law and the
formal structure of a UN resolution.

The United Nations was founded on 24th October 1945 with the hope that succeeding
generations could be saved from the scourge of war and that common standards could be
agreed on human rights, international law and social progress. The UN is based on the
principle of collective security - that any breach of international peace by one State will be
punished jointly by the rest of the international community. Grounded on these ideals of
global governance, since 1945 the UN system has expanded to consider nearly all areas of
international relations - from its leadership in areas of development, security and human
rights to less well-publicised work in areas as diverse as road traffic standards and the
protection of cultural heritage.

Following the end of the Second World War, its initial 51 Member States officially adopted
the United Nations Charter - the treaty document that acts as the organisation’s constitution.
Over the past 60 years, the United Nations has grown to a total of 191 Member States. With
the recent admission of Switzerland and Timor-Leste, the Holy See is the only widely
recognised State that is not a Member.

According to Article 1 of the United Nations Charter, the purposes of the UN are:
      to maintain international peace and security;
      to develop friendly relations among nations;
      to cooperate in solving international economic, social, cultural and humanitarian
      problems and in promoting respect for human rights and fundamental freedoms;
      and to be a centre for harmonizing the actions of nations in attaining these ends.

For 2004-2005, the UN budget was US$3.16 billion - five cents for every 100 people of the
world’s population. The organisation is funded by contributions from Member States, with
the funds that each State provides calculated mainly on the basis of Gross National Product.

The four principal organs of the UN recreated at MUN conferences are the:
        General Assembly;
        Security Council;
        Economic and Social Council; and the
        International Court of Justice.
Also at the UN’s centre, although not recreated by delegates at MUN conferences are:
        The Secretariat ;
        The Trusteeship Council.
Most conferences are administered by Secretariats and headed by a Secretary General. These
Secretariat positions tend to be filled by students with considerable MUN experience.

In addition, the UN family embraces a much larger group of agencies and forums, some
older than the UN itself. Many of these organisations are independent from the UN with
separate governing bodies and budgets, but maintain strong links through co-operative
agreements. Known as ‘specialized agencies’, they include the International Monetary Fund
(INF), the International Atomic Energy Agency (IAEA), the International Labour
Organization (ILO), the World Bank, and the World Health Organization (WHO). The
International Maritime Organization, the only member of the UN family to be hosted in the
UK, is also a ‘specialized agency’.

Also part of the UN system, a number of other UN programmes and funds come under the
direct authority of the General Assembly or Economic and Social Council. These include the
Office of the UN High Commissioner for Refugees (UNHCR), the UN Development
Programme (UNDP) and the UN Children’s Fund (UNICEF).

0   1                                                                                       !

Very few Model United Nations conferences lack the unique challenge provided by
simulating the debate of the General Assembly (GA). The UN’s ‘parliament’ is unparalleled
in scale, both in terms of the number of countries and cultures represented, but also in terms
of the number of topics that may reach the agenda.

Every Member State, regardless of power or influence, political or social system, population
or wealth, has a single vote in the GA. It is the only UN body where every country has
representation. A simple majority (that is 50% plus one) decides most matters, while what
the Charter refers to as ‘important matters’ are decided by a two-thirds majority. It normally
meets between September and December at the United Nations Building in New York.

The GA is responsible for the consideration and approval of the UN budget. It elects all non-
permanent members of the Security Council, members of the Economic and Social Council
(ECOSOC), and judges of the International Court of Justice (ICJ). The GA also appoints the
Secretary General, on the recommendations of the Security Council. It may also admit and
expel Member States. Although the GA has never expelled a member, it did suspend the
voting rights of South Africa between 1974 and 1994 during the apartheid era. All these
responsibilities are considered ‘important matters’ to be decided by a two-thirds majority.

The GA may consider and make recommendations on any matter of ‘international peace and
security’ or otherwise within the scope of the UN Charter, so long as the issue is not already
under consideration by the Security Council. It may also initiate studies and make
recommendations that enhance ‘the realization of human rights and fundamental freedoms
for all, and international collaboration in economic, social, cultural, educational and health
fields’. Under this power, it has been responsible for the adoption of many instruments of
international law, including agreements on the law of war, human rights and the
environment.

The GA is not a legislative body. Its decisions do not have the standing of international law,
although they do establish the will of the international community and can be referred to in
the decisions of the International Court of Justice, other international courts and domestic
courts. In certain circumstances, it can establish binding international law by adopting a
treaty, but a Member State must both sign and ratify it to be legally bound by the treaty’s
measures.

In addition to its 191 Member States, the GA may also be addressed by a number of formally
recognised observers. These include one State (the Holy See), Intergovernmental
Organisations (such as the African Union and the League of Arab States), NGOs (like the
International Committee of the Red Cross) and territories whose sovereignty is ill defined
(such as Palestine and the Sovereign Military Order of Malta).

The GA’s opening session is normally addressed by the Heads of Government of the world
and the Secretary General. Due to the size of the GA’s agenda, most items are referred to
specialist committees for consideration. There are six GA committees:
        First Committee: Disarmament and International Security
        Second Committee: Economic and Financial
        Third Committee: Social, Humanitarian and Cultural
        Fourth Committee: Special, Political and Decolonization
        Fifth Committee: Administrative and Budgetary
        Sixth Committee: Legal
Less controversial items may be discussed in what is called plenary session without referral
to a committee. Such agenda items are often adopted by acclamation – there is no formal
vote.

Resolutions drafted in the six committees must be passed in committee before reaching the
floor of the General Assembly where it is voted on a second time to determine whether it will
be formally adopted.

Model UN conferences tend to recreate the debate of the individual committees rather than
the entire GA. The Economic and Financial Committee and the Administrative and
Budgetary Committee are rarely recreated at Model UN conferences due to their technical
nature. The Legal Committee is occasionally recreated, but delegates are often required to
have studied international public law.

0   $                       (2                                                             !

The International Court of Justice (ICJ) offers MUN delegates a very different challenge to
the other organs of the UN. It is the only committee where delegates do not represent the
views of Member States, instead giving their own opinions based on legal knowledge.

The ICJ settles legal disputes between States and offers advisory opinions on legal matters
requested by other UN bodies. The General Assembly and the Security Council elect the
Court’s 15 Justices for terms of nine years. The ICJ can only hear cases that States have
submitted to its jurisdiction – it cannot rule on cases brought by individuals or other
organisations against States.

To participate in the ICJ, it is normal for conferences to require delegates to have a
university-level grounding in international public law.

0   3                                                                                      !

With its relatively small size of 54 members and socio-economic focus, many delegates prefer
the Economic and Social Council (ECOSOC) for the break it offers from the squabble of
larger committees on matters of international security and armed conflict. Greater emphasis
is placed on consensus building within ECOSOC, not only with Member States but also with
the attending NGOs. However, its responsibility for the UN’s work on important issues
including development and HIV/AIDS means that its agenda is no less significant or
divorced from the influence of world politics.

Under the overall authority of the General Assembly, the Economic and Social Council
(ECOSOC) co-ordinates the UN’s work on economic, social, cultural, educational and health
related matters, supervising many of the specialized agencies and programs. The Council has
a membership of 54, elected by the GA for terms of three years.

ECOSOC works more closely with NGOs than the General Assembly. Over 1,500 NGOs have
‘consultative status’ giving them considerable access to the decision-making processes of the
Council.

0                                                                                           !

The Security Council offers MUN delegates the opportunity to debate the most significant
contemporary international security issues and crises in a very small and personal forum.
Sometimes the agenda of a MUN Security Council is interrupted by a crisis situation
involving a fictitious break to international peace and security created by the conference
Secretariat. Such crisis situations can be particularly challenging simulation and demand a
broad knowledge of international affairs from Council delegates.

It is the duty of the Security Council to ‘ensure prompt and effective action by the United
Nations’ and it has primary responsibility for the maintenance of international peace and
security. The Council may meet at any time to consider matters of concern. All decisions of
the Security Council have the full authority of international law and must be obeyed by all
States.

The Security Council consists of fifteen members. Five are permanent members (the so-called
‘P5’) - China, France, Russia, the United Kingdom and the United States. The remaining ten
seats are for non-permanent members elected by the GA and limited to serving only one
term consecutively. Decisions of the Council are made by nine affirmative votes. The P5 hold
vetoes - no decision may pass the Council without the agreement of all five permanent
members.

Despite changes to the geopolitical landscape since the late 1940’s - decolonization, the end
of East-West military confrontation and globalisation - the membership and operations of the
Security Council have altered very little. It is seen by many as being undemocratic and
unrepresentative of the current world power balance. Under consideration by the General
Assembly since 1992, reform of the Security Council is one of the most contentious items on
the UN agenda and is considered by some to be one of the most important issues faced by
the UN in its attempts to remain relevant. The changing nature of the threats to international
peace and security have only served to further highlight the need for reform as the threats of
the Cold War give way to those of international terrorism, proliferation of weapons of mass
destruction, intrastate conflict and genocide. The challenges presented by these new threats
have sometimes found the Security Council wanting and have intensified calls for reform.

The Security Council may intervene in any dispute that is likely to endanger international
peace and security. It may recommend a solution by negotiation, enquiry, mediation,
arbitration, by referral to the International Court of Justice or by other peaceful means.
If efforts at peaceful resolution have or are likely to fail, the Security Council may resort to a
more robust approach. Under what are referred to as its Chapter VII powers, the Council
may impose economic sanctions, an arms embargo, sever diplomatic relations or other
actions short of armed force. As a last resort, Chapter VII also authorises the Security Council
to use ‘all necessary means’ including military force against any threat to international peace
or security. Before the Gulf War in 1991, the Security Council had only use its Chapter VII
powers to authorise military force once – during the Korean War of 1950. The Charter only
permits States to use force in two circumstances - if acting under a Chapter VII mandate from
the Security Council or if acting in self-defence (under Article 51 of the UN Charter, which
recognises that States have the inherent right of self-defence against an armed attack). No
other acts of force are considered legal - although in practice many unlawful incidents of the
use of force have occurred throughout the 60 year lifetime of the Charter.

The Security Council also recommends to the GA new Secretary-Generals and new Member
States.

4      $                  5                                                                       !

In addition to the main organs of the UN, many other international and regional inter-
governmental organisations and judicial bodies are occasionally recreated through MUN.
Some conferences even recreate climatic events from diplomatic history such as a major
peace conference, cabinet meeting or Security Council discussion. One MUN conference has
even included a simulation of the Versailles Peace Conference and the Congress of Vienna.
The scope of forums that can be recreated through MUN is only limited by the imagination
of the conference organisers.

Those most commonly simulated are listed in the table below. More information can be
found on the organisations’ websites.

 4                        ' "                             +                                "
 African Union (AU)       Promotes democracy, human       www.africa-          53 Member States
                          rights and development across   union.org            (all African States
                          Africa.                                              except Morocco)
 Association of South     Accelerates South East Asian    www.aseansec.org     As of May 2005,
 East Asian Nations       regional economic growth,                            11 Member States
 (ASEAN)                  social progress, cultural
                          development, and promotes
                          peace and stability.
 European Council         The main decision-making        ue.eu.int            As of May 2005,
                          body of the European Union                           25 EU Member
                                                                               States
 GA Special               Meets occasionally to discuss   www.un.org/events    The 191 Member
 Session/Conference       areas of special concern to                          States of the UN
                          the UN General Assembly.
 International Criminal   Conducts trials of              www.icc-cpi.int      As of March 2005,
 Court (ICC)              individuals who are charged                          98 State parties to
                          with violations of                                   the Rome Statute
                          international humanitarian
                          law.
 Organization of          Decides issues of regional      www.oas.org          As of May 2005,
 American States          co-operation in the                                  26 Member States
 (OAS)                    Americas.
4                             ' "                              +                           "
    United Nations                Considers UN work on trade       www.unctad.org   192 Member
    Conference on Trade           and development,                                  States
    and Development               monitoring issues and
                                  offering technical assistance.
    United Nations                Promotes international co-       www.unesco.org   191 Member
    Educational, Scientific       operation on ethical issues.                      States
    and Cultural
    Organization
    (UNESCO)
    United Nations                Monitors, reports and            www.ohchr.org    As of May 2005,
    Human Rights                  debates on human rights                           53 Member States
    Commission                    violations, either in specific
    (UNHRC)                       countries or generally.
    World Health                  Decides budget and major         www.who.int      192 Member
    Assembly (WHO A)              policy issues of the World                        States of the
                                  Health Organization (WHO),                        WHO
                                  the UN’s specialised agency
                                  for health related issues.
    World Trade                   An international forum for       www.wto.org      As of February
    Organisation (WTO)            the negotiation of trade and                      2005, 148
                                  the settling of international                     Member States
                                  commercial disputes.

        $                     $                                                                      !

Many of the ideas discussed during MUN debates are founded on the multiple treaties,
customs and principles that make up international law. A basic understanding of the main
types of international law, how it is drafted, adopted and enforced, is therefore helpful.

A few committees at large conferences will require a more developed knowledge (such as
the International Criminal Court, the International Court of Justice or the Sixth or Legal
Committee of the General Assembly), but the information contained in this guide should be
sufficient for most of the non-specialist committees.

There are generally considered to be three main sources of international law:
       International Treaties;
       International Custom; and
       General Principles of Law accepted by Civilised Nations.

$                0

Treaties are agreements between States committing each signatory to a set of certain actions
or forms of behaviour. The UN itself was set-up under the provisions of an international
treaty, the Charter of the United Nations.

Many treaties are bilateral agreements between two States. For example, under their Bilateral
Agreement on the Prohibition of Attacks against Installations and Facilities, India and Pakistan
have agreed not to attack each other’s nuclear installations or facilities.

Others are multilateral - often adopted at a meeting of an Intergovernmental Organisation
(IGO) such as the UN. For example, in 1950 the European Council adopted the European
Convention on Human Rights. Such agreements are often referred to as international
conventions or covenants, although the name is of less importance than the content of the
treaty. United Nations bodies have adopted a huge range of international treaties. Prominent
examples include the Convention on the Prevention and Punishment of the Crime of Genocide
adopted by the UN General Assembly in 1948 and the International Covenant on Civil and
Political Rights adopted in 1966.

IGOs can also make agreements called declarations, such as the Universal Declaration on
Human Rights. Declarations differ from conventions in that they are not legally binding.
Nevertheless, they can establish a widely recognised standard. In some cases declarations are
adopted because a convention proved too controversial to pass. In 2004, the UN General
Assembly reached deadlock discussing a proposed ‘International Convention against the
Reproductive Cloning of Human Beings’, but there were sufficient votes to pass the UN
Declaration on Human Cloning a year later in 2005.

The drafting, adoption and entry into force of a UN convention follows a set route.
       Firstly, the UN General Assembly passes a resolution to establish a working group to
       conduct relevant research and study to produce a draft convention.
       Secondly, the draft is considered by the UN General Assembly, which must pass it
       with a two-thirds majority.
       Thirdly, States must sign the treaty (give agreement to its principles), and ratify it
       (agree to be legally bound by its measures). For the new convention to become legally
       binding for an individual State, that State must both sign and formally ratify the
       convention. The gap between signing and ratifying the treaty may be several years
       and in some cases a ratification is never achieved. For example, the UN Convention on
       the Rights of the Child adopted by the General Assembly in 1989 has yet to be ratified
       by either the US or Somalia. States that have signed and ratified a treaty are often
       referred to as the ‘state parties to a treaty’ or simply the ‘state parties’.
       Finally, the treaty will enter into force. Some treaties will specify a specific date for
       entry into force, while others will detail conditions that have to be met before this can
       take place. Often these conditions will include ratification by a certain number of
       states.

Once in force, a State party to a treaty must alter its domestic law to ensure compatibility
with its provisions. However, States may choose not to apply certain elements of a treaty
through a derogation or reservation.

Derogations allow a state party to suspend certain parts of an international treaty,
particularly during times of national emergency. For example, in November 2001, the UK
Home Secretary declared a ‘state of emergency’ to allow derogation from certain elements of
the European Convention on Human Rights so that international terrorist suspects could be
pursued and detained.

Reservations allow the opting out of certain provisions of a treaty and may be made by a
State when ratifying a treaty. For example, a number of Arab States maintain reservations
regarding the UN Convention on the Rights of the Child due to incompatibility with Islamic
Shariah law. Reservations are not allowed if they are contrary to the object and principles of
the treaty. For instance, a State cannot make a reservation to the UN Convention Against
Torture that allows them to torture under certain circumstances.
Additions or amendments may be made to a treaty through the drafting of a protocol. One
prominent example is the Kyoto Protocol to the UN Convention on Climate Change. Protocols
are drafted, adopted, signed and ratified in exactly the same way as other conventions.

All resolutions passed by the Security Council also possess the standing of international law
and their provisions must be implemented under the provisions of the UN Charter, an
international treaty.

$

International law can also be established through custom. These are near universal principles
of behaviour that are recognised by the majority of states. Under the custom known as pacta
sunt servanta, for example, it is convention for a state to be bound by the provisions of treaties
they are party to.

1          )    "     (          "         6

General Principles of Law are principles recognised by the majority of legal systems. For
example, the rule of res judicata, that a case that has been through the full legal process of trial
and appeals cannot be reopened, is widely accepted in many states.

'               5                                                                                    !

The aim of any meeting of the UN or other diplomatic forum is to reach consensus and pass
a statement of a multilateral response to a particular international issue. These formal
statements – or ‘resolutions’ – contain agreed collective action to be taken to address the
specific area of concern. UN resolutions are drafted according to very specific guidelines.

The box below contains an example of a resolution taken from a university-level MUN
conference.

    The Question of Renewable and Alternative Energy
    The General Assembly,
    Recalling the provisions of the United Nations Framework Convention on Climate Change and its
    Kyoto Protocol,
    Recalling further the Johannesburg World Summit on Sustainable Development Plan of
    Implementation that affirmed the urgent need to substantially increase the global share of
    renewable energy sources with the objective of increasing its contribution to total energy supply,
    Aware that extended world production of renewable energy has important implications for
    international peace and security and the achievement of development goals set out in the
    Johannesburg Declaration on Sustainable Development,
    Noting that possible solutions to address climate change must also include reducing emissions by
    other means, protecting and expanding forests, lifestyle changes to reduce energy consumption and
    adaptation,
    Deeply concerned by the findings of the Third Assessment Report of the Intergovernmental Panel on
    Climate Change that significant climate change will result if 21st century energy needs were met
    without a major reduction in carbon emissions,
    Fully aware of the urgency with which the international community must address the effects of
climate change,
 Convinced that the extended use renewable energy sources provides an important tool in the
 protection of the environment from the harmful effects of carbon emissions from the burning of
 fossil fuels,
 1.   Calls upon all states to work co-operatively towards achieving the goals of the Johannesburg
      Declaration on Sustainable Development and the Plan of Implementation to endorse and
      encourage the increased production of renewable energy and its contribution to total energy
      supply;
 2.   Urges all states to work collectively towards achieving the ultimate objectives of the United
      Nations Framework Convention on Climate Change and strongly urges States to ratify its
      Kyoto Protocol in a timely manner;
 3.   Requests that the Secretary General appoint for an initial period of two years a Special
      Representative of the Secretary General for Renewable Energy to gather information and co-
      ordinate approaches to renewable energy production and to this end the Special Representative
      shall:
      a) aid in the drawing up of national programmes for the introduction of renewable energy;
      b) support education, implement training, and disseminate information about renewable
         energy;
      c) establish regional centres of research, development and transfer;
      d) evaluate and process information on applied technology and best practice experience;
      e) advise on and arrange financing options for renewable energy;
      f) collect data and draw up statistics on renewable energy;
 4.   Decides to convene an Ad-hoc Working Group open to all States Members of the United
      Nations or members of specialized agencies to draft an international Code of Conduct on the
      production of renewable energy with particular attention to:
      a) extending market access for renewable energies;
      b) encouraging financial incentives for the extension of renewable energy production;
      c) extending research and development of renewable energy technology;
      d) the use of renewable energy as a tool of development;
      e) public education regarding the benefits of renewable energy;
      f) the sharing of information regarding best practice in renewable energy production and the
          prompt sharing of technological advances;
      g) the integration of renewable energy into other approaches to address climate change.

As seen in the above example, a resolution is formed of one complete sentence beginning
with the name of the body that has passed it and ending in a full stop. Resolutions are
divided into individual clauses, each containing a specific statement or course of action.

There are two types of clause:
       Preambulatory clauses – These introduce the issues under consideration. They list
       previous resolutions and items of international law that are relevant. Preambulatory
       clauses will also explain why international action is required and justify the approach
       taken in the resolution. The preambulatory clauses are collective referred to as the
       preamble and each one ends in a comma.
Operative clauses – These clauses outline the action that has been agreed upon to
       address the international issue. Each operative clause ends in a semicolon, with the
       exception of the final clauses, which ends in a full stop.

Clauses begin with an opening phrase - displayed in Italics or underlined. Use of opening
phrases is normally restricted to a set list. Those most commonly used are listed below. It is
best not to use phrases more than once in a resolution.


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As with many ‘legislative’ processes, the final resolution may bear only mild resemblance to
the original as a resolution will undergo considerable redrafting and amendment both in
informal lobbying sessions as well as in formal debate before it is successfully passed. More
information is provided about the process of debating resolutions and how to draft one in
later chapters.
'          ()             !&

  tudents participating in MUN conferences assume the role of a delegate - representing a
Member State of the UN, an observer or a non-governmental organisation (NGO). Each
delegate will be allocated either individually or in groups of two to a committee specialising
in a particular area of international policy to represent the views of the larger delegation.
Head Delegates lead the delegations, co-ordinating everything from policy research to travel
arrangements.

The debate at Model United Nations conferences is controlled by the Rules of Procedure.
Each conference’s Rules of Procedure will differ slightly, so it is important to check these on
the Web before attending a conference. The Rules of Procedure will often be tens of pages
long and can seem quite intimidating for the inexperienced. However, they are very easy to
pick up through participation and practice with other members of your delegation.

        .                                                                                      !

Model United Nations debate is co-ordinated by a chairperson, variously referred to
depending on the conference as the President, the Chairman or the Committee Director. The
chairperson will often be supported by one or more deputies, called the Vice President, Co-
chair or Assistant Director (known as ‘AD’). The chairperson and his or her deputy
chairpersons are collectively known as ‘the dais’. At larger conferences, the dais is aided by a
staff to pass notes between delegates and a secretarial group to type committee documents.
The chairperson is likely to have several years of experience as a delegate, often running
their own university society, and will be appointed by the conference organisers or
Secretariat. They will normally be responsible for writing the study guides circulated to
delegates before the conference. It is the chairperson’s main task to ensure that debate
follows the Rules of Procedure. They also advise delegates on policy and on the writing of
resolutions and other documents.

The chairperson normally begins by calling a Roll Call: a list of the Member States attending.
Delegates respond either present or present and voting. A Member that is ‘present and
voting’ cannot abstain (that is, vote neither in favour nor against) on the final vote, while a
Member merely ‘present’ can. Delegates declare themselves as ‘present and voting’ to signal
to other delegates that they consider the topics under consideration as important and serious
enough not to abstain.

There are three styles of debate at MUN conferences: formal debate (following the Speaker’s
List), moderated caucus and unmoderated caucus.

Following a Speakers’ List is a very formal style of debate and does not allow for discussion
of issues between delegates or the quick exchange of ideas (see Diagram 1). The speakers’ list
is a list of all those delegates who wish to address the committee.

Each delegate possesses a placard printed with the name of the Member State they are
representing. Placards are used to request the attention of the chair or for voting. On opening
a speakers’ list, the chairperson normally asks delegates to raise their placards if they wish to
be added to the list. Once the chairperson has completed this stage, delegates wanting to be
added to the list normally have to pass a note to the chairperson.
When it is a Member State’s turn to address the committee, the chair will formally recognise
the State. He or she will say, for example, ‘The United Kingdom, you have been recognised’.
The chairperson then gives the speaker a speaking time indicating for how long they may
speak. Speeches are strictly timed and speakers will be interrupted if they exceed this limit.
The chairperson will normally lightly tap the table or otherwise signal if a speaker is within
10 seconds of their time limit to give them chance to conclude their arguments.

The main speakers’ list is known as the General Speakers’ List for those wishing to speak on
the topic generally. This is opened once the agenda has been set and remains open until the
closure of debate and the resolution is voted upon. Separate additional lists will be opened
for debate on other matters as they arise.

Normally, the speakers’ list is described as ‘open’ meaning that delegates may express
opinions both for and against the item under discussion. However, a speakers’ list is
sometimes divided into two sections: ‘for’ and ‘against’. In this case, the speakers alternate
between those ‘for’ the item under discussion and those ‘against’.


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Diplomats are required to observe certain formal conventions of language when addressing
a diplomatic forum. Delegates must remain standing while addressing the committee and it
is polite to begin by thanking the dais for being allowed the opportunity to speak: ‘Thank
you Mister/Madam President/Chairman/Director’. The delegate addresses their speech to
the dais and then the delegates: ‘Mister/Madam President/Chairman/Director, Honourable
Delegates’. Delegates always refer to each other as ‘Honourable Delegates'. To add emphasis
to a new part of a speech a delegate may occasionally re-address their speech to the dais by
beginning the new section ‘Mister/Madam President/Chairman/Director’.

It is also diplomatic convention never to refer to your own views with ‘I’ or refer to others
with ‘He’ or ‘She’. Instead, delegates use the names of their Member States: for example, ‘The
United Kingdom believes’. ‘My’, ‘His’ or ‘Her’ are similarly not allowed. Most MUN
conferences also require that delegates wear business attire – business suits and ties or
female equivalent.
If diplomatic protocol is not followed and a delegate feels that a speech has impugned their
personal or national integrity, the offended delegate may request a Right of Reply at the
conclusion of the offending speech (a Right of Reply cannot interrupt a speaker). Rights of
Reply may only address lapses of courtesy, they cannot be used to challenge false or
inaccurate claims regarding policy. Rights of Reply are granted only at the discretion of the
chair and responses to Rights of Reply are not allowed.

If a delegate has broken the Rules of Procedure, the chairperson declares their actions as out
of order.

Once a delegate has finished addressing a committee, they must choose how to hand over
the right to speak, called yielding. A delegate may:
        Yield to the dais, where the right to speak normally passes to the next delegation on
        the speakers’ list;
        Yield to points of information, where the delegate accepts questions from other
        delegations on what they have said; or
        Yield to another delegate, where the delegate yields remaining time to a speaker
        from another Member State.
To yield to points of information or to another delegation, there must be enough time
remaining.

A point of information is made to elicit information from a speaker. Normally this will be to
clarify a specific area of their stated policy. Points of information must be addressed in a
question and must be kept relatively short. The delegate asking the question must remain
standing during both their question and the answer given by the speaker as a sign of
courtesy. Only the speaker’s answers to questions count against the speaking time.

The course of debate when following a speakers’ list is summarised in diagram 1.

$ (       .                                                                                   !

The Speakers’ List is the most formal style of debate and can be restricting. Less formal styles
are the moderated caucus and the unmoderated caucus. In unmoderated caucus, delegates
may leave their seats and address other delegates in an informal manner. Its purpose is to
allow informal discussion of issues causing deadlock. The purpose of moderated caucus is to
facilitate debate at critical moments in the discussion. In a moderated caucus, the committee
remains in formal debate, but temporarily departs from the Speakers’ List and the Chair calls
upon delegates to speak at their discretion. Delegates raise their placards to signal their wish
to speak.

)                                                                                             !

To enter either type of caucus, the committee must formally decide to do so during formal
debate. The committee does this by passing a motion to enter moderated caucus or a motion
to enter unmoderated caucus (see Diagram 2). These are examples of procedural motions.

To propose a procedural motion, delegates raise their placard while the floor is open and
wait for the chair to recognise them (proposing a motion cannot interrupt a speaker). Once
recognised, the delegate tells the chairperson the motion they are proposing: ‘motion to enter
moderated caucus’ or ‘motion to enter unmoderated caucus’. In the case of these motions,
the delegate then proposes for how long they wish the caucus to last for and its purpose. The
committee then votes on the motion by raising their placards either in favour or against the
motion (there are no abstentions on procedural motions). A simple majority (50% plus one) is
required for a motion to enter either type of caucus to pass. In some cases, the chairperson
may consider a motion as not constructive to the conduct of debate and decide to not put the
matter to a vote – this as known as the chairperson ruling the motion as dilatory.

Once time has elapsed for either moderated or unmoderated caucus, debate automatically
returns to the speakers' list.

In addition to motions, a number of points can be made. These are separate from motions in
that they do not effect the course of debate, but ask for clarification or information.

The purpose of a point of information has already been described. In addition, delegates may
make points of personal privilege. A point of personal privilege is the only motion or point
that may interrupt a speaker. These are made to draw the speaker or chairperson’s attention
to something that is impairing a delegate’s ability to participate in the proceedings. For
example, the delegate cannot hear the speaker.

Points of order draw the attention of the chairperson to an instance where the Rules of
Procedure have been broken, while points of parliamentary inquiry allow delegates to ask
questions to the chairperson regarding the Rules. Although most chairpersons are happy to
address simple questions through answers to points of parliamentary inquiry, significant
questions are best discussed outside formal sessions.

Diagram 2 illustrates the course of various points and motions.


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This section describes the passage of a resolution through a committee (see Diagram 3). It
introduces a number of procedural motions in addition to the motions to enter moderated
caucus and moderated caucus as already described. They are proposed in exactly the same
manner.

A resolution follows a set route through a committee:
1. Setting the agenda;
2. Introducing working papers and resolutions;
3. Amending a resolution;
4. Passing a resolution.

#

Once the roll call has finished at the beginning of the committee session, it is in order to
propose a motion to set the agenda. Most committees have a list of topics on their agendas
of between two and three issues. The first duty of the committee is to decide which topic to
discuss first. The delegate proposing the motion to set the agenda states which issue they
wish to discuss initially and the chairperson will then draw up a speakers’ list divided into
for and against. Delegates are then allowed to debate the motion. In most circumstances,
there is insufficient time to discuss more than one item during a conference. Normally, the
committee is not allowed to enter either unmoderated or moderated caucus while setting the
agenda.

Under normal circumstances, the main arguments for and against will be clearly argued
before everyone on the speakers’ list has had the chance to speak. So as not to waste the
committee’s time rehearing the same arguments, a motion to close debate may be proposed
and requires a two-thirds majority to pass. Motions to close debate are also in order while
discussing any other matter. A motion to close debate ends all further speeches to the
committee and moves the matter under consideration directly to a vote – in this case the
motion to set the agenda.

Once debate is closed, the motion to set the agenda will be voted on and passed by simple
majority. The chairperson will then open the General Speakers’ List.

% $                     ""

Having heard the views expressed during speeches to the committee and during lobbying, a
group of countries may work together to write a working paper or resolution. While a
resolution follows set guidelines, a working paper is more of a work in progress and does
not have to follow any particular style. Working papers must be approved by the dais before
distribution, which allocates them a number for ease of referral (working paper 1.1, 2.1 and
so on). Working papers do not have to be formally introduced for discussion, but the ideas
they contain can be referred to by delegates during speeches.

If a working paper seems to be producing a consensus during debate, delegates may choose
to make alterations so that it follows the strict style of a resolution. Resolutions require a
number of Member States to sign them (normally about 20% of those present) before they
can be formally introduced for consideration by the committee.

Once it has the approval of the dais and numbered, a resolution may be formally introduced
for debate. This requires a motion to introduce a resolution. The delegate will also recite its
draft number (for example, ‘ Motion to introduce Draft Resolution 1.1’). The committee will
vote immediately on the motion, which passes with a simple majority. More than one
competing resolutions are normally allowed under consideration at the same time. Once
adopted by the committee, one of the signatories reads the operative clauses to the
committee and accepts questions relating to meaning or errors of spelling and grammar.
Debate then returns with the next speaker on the Speakers’ List.

&

Resolutions can be amended, adding new clauses, removing clauses or altering the wording
of existing clauses. They normally require the approval of about 10% of States to be
introduced and must be proposed with a motion to introduce an amendment. An
amendment is debated with a separate and new Speakers'List. If passed by a simple
majority in committee, the changes are made to the original resolution. Amendments to
amendments are not allowed, although an amendment can be made to an amended part of a
resolution.

Depending on the rules, the resolution sponsors may accept amendments as friendly
amendments. This means that they consider a submitted amendment to be constructive and
compatible with the spirit of the resolution and so are willing to accept the amendment
without debate.


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*)

To end discussion of the resolutions and the topic, a motion to close debate is required. If
passed, the committee enters voting procedures. Voting on resolutions is called the
substantive question. On the substantive question, delegates may choose to abstain,
meaning that they wish neither to vote for or against the resolution. On most topics, a simple
majority is sufficient for a resolution to pass a committee.

On any vote, but particularly given a close vote on the substantive question, the chairperson
may call a roll call vote. This means that a list of the Member States present will be read out
loud and delegates must state ‘Yes’, ‘No’ or ‘Abstain’ once their delegation name has been
called.

Occasionally a vote may also be decided by acclamation. The vote is taken by saying ‘Aye’
when the chair indicates.
+               '              !*

+orking with other delegates to draft a resolution, debating it and shepherding it through
the committee can be one of the most rewarding experiences of MUN. However, it can be a
difficult task to transfer good ideas about how an international issue could be solved to the
formal structure and conventions of a resolution. Drawing from examples from real UN
resolutions, this chapter explains some of the common approaches used.

)                                                                                                        !

The preamble forms a significant part of the resolution, outlining the background principles
that inform the action proposed in the operative clauses. Sometimes there is a temptation to
begin by working on the operative clauses and to use preambulatory clauses to ‘show off’
research, featuring extensive lists of past UN resolutions or the items of international law
outlined in the committee study guide.

A well-written preamble should persuasively justify the need to address the issue in the way
that the operative clauses suggest. It should also outline the context of the draft resolution in
terms of past resolutions and international law. The preambulatory clauses should allow
other delegates to understand the principles that have informed the operative clauses.
Beginning the drafting process by writing the preambulatory clauses provides a good
opportunity to think carefully about what the resolution is attempting to achieve and may
help produce better operative clauses.

The best preambles will build a sense of expectation in the opening words that they employ,
using steadily more urgent language before the climax of the operative clauses. Notice how
these clauses from a resolution on the subject of religious persecution steadily build up in the
urgency and power of the opening words. This is sometimes referred to as a preamble
‘crescendo’.

    Underlining the important role of education in the promotion of tolerance, which involves the
    acceptance of and respect for diversity, and underlining also that education, in particular at
    school, should contribute in a meaningful way to the promotion of tolerance and the
    elimination of discrimination based on religion or belief,
    Alarmed that serious instances of intolerance and discrimination on the grounds of religion or
    belief, including acts of violence, intimidation and coercion motivated by religious intolerance,
    continue to occur in many parts of the world and threaten the full enjoyment of human rights
    and fundamental freedoms,
    Profoundly concerned at acts and situations of violence and discrimination resulting from
    religious intolerance that affect many women,
    Deeply concerned at the overall rise in intolerance and discrimination on the grounds of religion
    or belief, including restrictive legislation, administrative regulations and discriminatory
    registration and the arbitrary application of these and other measures,
    Seriously concerned at all attacks upon religious places, sites and shrines, including any
    deliberate destruction of relics and monuments,
    Believing that further intensified efforts are therefore required to promote and protect the right
    to freedom of thought, conscience, religion or belief and to eliminate all forms of hatred,
intolerance and discrimination based on religion or belief, as emphasized also at the World
   Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance,
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The basic resolution will call upon States or other entities to carry out individual or collective
action. These clauses give an example from a resolution considering terrorism and human
rights. It calls upon States to enhance regional and international co-operation, to strengthen
legislation and policy to combat terrorism and to ensure that the territory does not provide a
safe haven for terrorist groups.

   7.   Urges the international community to enhance cooperation at the regional and
        international levels in the fight against terrorism in all its forms and manifestations, in
        accordance with relevant international instruments, including those relating to human
        rights, with the aim of its eradication;
   8.   Calls upon States to take all necessary and effective measures, in accordance with relevant
        provisions of international law, including international human rights standards, to
        prevent, combat and eliminate terrorism in all its forms and manifestations, wherever and
        by whomever it is committed, and also calls upon States to strengthen, where appropriate,
        their legislation to combat terrorism in all its forms and manifestations;
   9.   Urges all States to deny safe haven to terrorists;
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                                                                  '

Selecting appropriate language is important. Article 2 of the UN Charter prevents the UN
from intervening in matters ‘essentially within the domestic jurisdiction of any State’.
Although almost any action by the UN can be attacked as erosion of State sovereignty, it is
important to respect the boundaries of what is and what is not appropriate. Remember that
only UN Security Council resolutions have the force of international law under Chapter VII
and so can ‘demand’ action. Other bodies must pay greater respect to sovereignty, using
language that conforms to the status of their resolutions as recommendations. Sometimes,
calls for action from States will be watered down during negotiation using well-used terms
such as ‘all feasible measures’ to create more freedom in implementation.

These clauses are from a Security Council resolution passed just after the terrorist attacks on
the World Trade Center in September 2001. Note how the language is less consensual than
the example from the General Assembly resolution on a similar topic – using the phrase
‘decides that all States’ rather than ‘Urges States’ or ‘Calls upon States’.

   1.   Decides that all States shall:
   a)   Prevent and suppress the financing of terrorist acts;
   b)   Criminalize the wilful provision or collection, by any means, directly or indirectly, of funds
        by their nationals or in their territories with the intention that the funds should be used, or
        in the knowledge that they are to be used, in order to carry out terrorist acts;
   c)   Freeze without delay funds and other financial assets or economic resources of persons
        who commit, or attempt to commit, terrorist acts or participate in or facilitate the
        commission of terrorist acts; of entities owned or controlled directly or indirectly by such
        persons; and of persons and entities acting on behalf of, or at the direction of such persons
        and entities, including funds derived or generated from property owned or controlled
        directly or indirectly by such persons and associated persons and entities;
   d)   Prohibit their nationals or any persons and entities within their territories from making any
        funds, financial assets or economic resources or financial or other related services available,
        directly or indirectly, for the benefit of persons who commit or attempt to commit or
facilitate or participate in the commission of terrorist acts, of entities owned or controlled,
        directly or indirectly, by such persons and of persons and entities acting on behalf of or at
        the direction of such persons;
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Here are more clauses taken from Security Council resolutions. These examples demonstrate
the Council’s reactions to two international crises – the first from a resolution passed just
after the Indian and Pakistani nuclear tests in 1998 and the second passed following the Iraqi
invasion of Kuwait in 1990. Notice the use of the words ‘condemns’ and ‘demands’ – phrases
that only the Security Council can employ in a resolution.

   1.   Condemns the nuclear tests conducted by India on 11 and 13 May 1998 and by Pakistan on
        28 and 30 May 1998;
   2.   Endorses the Joint Communique issued by the Foreign Ministers of China, France, the
        Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the
        United States of America at their meeting in Geneva on 4 June 1998 (S/1998/473);
   3.   Demands that India and Pakistan refrain from further nuclear tests and in this context calls
        upon all States not to carry out any nuclear weapon test explosion or any other nuclear
        explosion in accordance with the provisions of the Comprehensive Nuclear Test Ban
        Treaty;
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   1.   Condemns the Iraqi invasion of Kuwait;
   2.   Demands that Iraq withdraw immediately and unconditionally all its forces to the positions
        in which they were located on 1 August 1990;
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A call upon states to formally ratify existing international treaties provides a good opening
to a resolution. Most topic areas will be of direct or indirect relevance to one or a number of
international agreements (these will probably be outlined in the conference’s study guide).
Very few international treaties have been ratified by all States and in some cases treaties do
not come into force until they have received the ratification of a certain number. Most major
international agreements have a website maintained by their Secretariats showing which
States have yet to ratify and the conditions that have to be met before the treaty enters force.
In addition, implementation of international standards may be poor due to reservations or
derogations (see earlier section on international law) or simply due to inaction on the part of
national governments.

These clauses give an example of a request for States to ratify international standards
concerned with the human rights of children. It calls upon States to ratify three important
international treaties: the Convention on the Rights of the Child and its two optional protocols. It
also urges States to withdraw their treaty reservations and implement the treaties through
effective national policy.

   2.   Urges States that have not yet done so to sign and ratify or accede to the Convention on the
        Rights of the Child as a matter of priority, and urges States parties to implement it fully,
        while stressing that the implementation of the Convention and the achievement of the
        goals of the World Summit for Children and the special session of the General Assembly
        on children are mutually reinforcing;
   3.   Expresses its concern about the great number of reservations to the Convention, and urges
        States parties to withdraw reservations that are incompatible with the object and purpose
        of the Convention and to consider reviewing other reservations with a view to
        withdrawing them;
4.  Urges States that have not yet done so to consider signing and ratifying or acceding to the
      Optional Protocols to the Convention on the Rights of the Child on the involvement of
      children in armed conflict and on the sale of children, child prostitution and child
      pornography, and urges States parties to implement them fully;
    ; Urges States parties to take all appropriate measures for the implementation of the rights
      recognised in the Convention by, inter alia, putting in place effective national legislation,
      policies and action plans, by strengthening relevant governmental structures for children
      and by ensuring adequate and systematic training in the rights of the child for professional
      groups working with and for children;
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            6    ""                                                                                   !

MUN resolutions sometimes adopt an international legislative approach, strengthening or
extending international law.

If there is no relevant international agreement in the area or events and circumstances have
superseded the current agreement, there may be a case for proposing the drafting of a new
treaty. Creating new international law is a significant measure, so it is important to question
whether the issue cannot be more easily dealt with in other ways. Remember that ratification
of and compliance with international law can sometimes be poor and that creating an
additional treaty may not be productive. Also consider the increased difficulty in finding
consensus on the content of new international legal measures.

UN bodies begin the treaty adoption process by passing a resolution to set up a Working
Group to conduct the work of legal drafting. The resolution will also summarise the key
coverage of the proposed convention, stating which behaviours it wants to limit or exactly
what constraints are to be created.

These clauses taken from a MUN resolution set up a Working Group to consider a
convention the proliferation of weapons of mass destruction to terrorists:

  6.   Decides to convene an Ad-hoc Working Group open to all States Members of the United
       Nations or members of specialized agencies to consider the drafting of an international
       convention on the prevention of non-state actors from acquiring weapons of mass
       destruction;
  7.   Requests the Ad Hoc Working Group, in developing the draft convention, to include an
       obligation on all contracting parties to refrain from providing any form of support to non-
       State actors that attempt to develop, acquire, manufacture, possess, transport, transfer or
       use nuclear, chemical or biological weapons and their means of delivery with no possibility
       of making any reservations and to introduce domestic controls to prevent any such
       operations by non-State actors;
           0 "! #
             #(
              )

In the case of some issues, it may be easier to achieve greater consensus on the drafting of a
declaration rather than a convention. Declarations do not bind parties legally to following
their provisions. However, they do provide a clear statement of international opinion with a
greater force than basic resolutions. Declarations can be referred to in the decisions of
international or domestic courts. Another approach may be to draft some other document
lacking the full authority of international law such as an International Code of Ethics or Code
of Conduct.
When recommending the writing of new international law, it is important to think carefully
about definitions. The discussion of a number of international issues is sometimes
constrained by a lack of a workable definition. For example, there is no single internationally
recognised definition of ‘international terrorism’ or ‘humanitarian intervention’. Debate on
such issues could benefit from definition of the terms early on in a resolution.

   4                    ""                                                                    !

Many international issues lack an ‘international home’ – a dedicated agency with
responsibility for monitoring developments in the area, co-ordinating action and advocating
the issue to the international community.

However, founding a new agency may not be the best course of action, especially if there is a
similar body already in existence with relevant expertise, but is perhaps not fully active in
the area. Extending an existing body’s funding or mandate may be more productive than
setting up a brand new agency.

Think carefully about the nature of the organisation you want to set-up. The UN system
contains many different types of organisational structure than provide homes for various
issues. Some prominent examples include:

                                                        39   "
 Special Representatives, Envoys, Messengers      and   Special Representative of the Secretary
 Special Advisors of the UN Secretary General           General for Children and Armed Conflict
 Departments or Offices of the Secretariat              Department of Peacekeeping Operations
 Specialized Agencies                                   United Nations Educational, Scientific
                                                        and Cultural Organization
 Commissions                                            Commission on Human Rights
 Funds                                                  United Nations Children Fund (UNICEF)
 Programs                                               United Nations Development Programme
                                                        (UNDP)
 Research and Training Institutes                       United Nations Research Institute for
                                                        Social Development based in Geneva
 Committees of the Security Council                     Counter-Terrorism Committee
 Inter-agency networks                                  UN Oceans and Coastal Areas Network
                                                        (UN-OCEANS)

It is important to fully explain the responsibilities of any new organisation, its structure and
how it is to be integrated into the wider UN system. Important questions to consider are:
            Who will staff the new organisation? Who will appoint new staff and on what
            criteria will they be selected?
            What aims and principles should guide the work of the new organisation?
            What will the new organisation do to achieve its aims and principles?
            Which organisation will take the lead if there are areas of overlapping
            responsibility?
            Where will the new organisation be based?
            How will the new organisation be funded? Will a new fund be needed or can the
            existing UN budget afford the additional costs?
These clauses from a General Assembly resolution found the post of the High Commissioner
for Human Rights. Notice how they address each of the questions listed above.

  1.   Decides to create the post of the High Commissioner for Human Rights;
  2.   Decides that the High Commissioner for Human Rights shall:
  a)   Be a person of high moral standing and personal integrity and shall possess expertise,
       including in the field of human rights, and the general knowledge and understanding of
       diverse cultures necessary for impartial, objective, non-selective and effective performance
       of the duties of the High Commissioner;
  b)   Be appointed by the Secretary-General of the United Nations and approved by the General
       Assembly, with due regard to geographical rotation, and have a fixed term of four years
       with a possibility of one renewal for another fixed term of four years;
  c)   Be of the rank of Under-Secretary-General;
  3.   Decides that the High Commissioner for Human Rights shall:
  a)   Function within the framework of the Charter of the United Nations, the Universal
       Declaration of Human Rights, other international instruments of human rights and
       international law, including the obligations, within this framework, to respect the
       sovereignty, territorial integrity and domestic jurisdiction of States and to promote the
       universal respect for and observance of all human rights, in the recognition that, in the
       framework of the purposes and principles of the Charter, the promotion and protection of
       all human rights is a legitimate concern of the international community;
  b)   Be guided by the recognition that all human rights - civil, cultural, economic, political and
       social - are universal, indivisible, interdependent and interrelated and that, while the
       significance of national and regional particularities and various historical, cultural and
       religious backgrounds must be borne in mind, it is the duty of States, regardless of their
       political, economic and cultural systems, to promote and protect all human rights and
       fundamental freedoms;
  c)   Recognize the importance of promoting a balanced and sustainable development for all
       people and of ensuring realization of the right to development, as established in the
       Declaration on the Right to Development;
  4.   Decides that the High Commissioner for Human Rights shall be the United Nations official
       with principal responsibility for United Nations human rights activities under the direction
       and authority of the Secretary-General; within the framework of the overall competence,
       authority and decisions of the General Assembly, the Economic and Social Council and the
       Commission on Human Rights, the High Commissioner' responsibilities shall be:
                                                                 s
  a)   To promote and protect the effective enjoyment by all of all civil, cultural, economic,
       political and social rights;
  b)   To carry out the tasks assigned to him/her by the competent bodies of the United Nations
       system in the field of human rights and to make recommendations to them with a view to
       improving the promotion and protection of all human rights;
  c)   To promote and protect the realization of the right to development and to enhance support
       from relevant bodies of the United Nations system for this purpose;
  d)   To provide, through the Centre for Human Rights of the Secretariat and other appropriate
       institutions, advisory services and technical and financial assistance, at the request of the
       State concerned and, where appropriate, the regional human rights organizations, with a
       view to supporting actions and programmes in the field of human rights;
  e)   To coordinate relevant United Nations education and public information programmes in
       the field of human rights;
  f)   To play an active role in removing the current obstacles and in meeting the challenges to
       the full realization of all human rights and in preventing the continuation of human rights
       violations throughout the world, as reflected in the Vienna Declaration and Programme of
       Action;
  g)   To engage in a dialogue with all Governments in the implementation of his/her mandate
       with a view to securing respect for all human rights;
  h)   To enhance international cooperation for the promotion and protection of all human rights;
i)   To coordinate the human rights promotion and protection activities throughout the United
       Nations system;
  j)   To rationalize, adapt, strengthen and streamline the United Nations machinery in the field
       of human rights with a view to improving its efficiency and effectiveness;
  k)   To carry out overall supervision of the Centre for Human Rights;
  5.   Requests the High Commissioner for Human Rights to report annually on his/her activities,
       in accordance with his/her mandate, to the Commission on Human Rights and, through
       the Economic and Social Council, to the General Assembly;
  6.   Decides that the Office of the High Commissioner for Human Rights shall be located at
       Geneva and shall have a liaison office in New York;
  7.   Requests the Secretary-General to provide appropriate staff and resources, within the
       existing and future regular budgets of the United Nations, to enable the High
       Commissioner to fulfil his/her mandate, without diverting resources from the
       development programmes and activities of the United Nations;
  9     ! " '+ 0 "! #
         %" ! $ #()           B    >    @

These clauses create the role of UN Special Representative on Human Rights Defenders.
Notice that it requires the new Special Representative to report to the General Assembly and
Commission on Human Rights on their activities.

  3.   Requests the Secretary-General to appoint, for a period of three years, a special
       representative who shall report on the situation of human rights defenders in all parts of
       the world and on possible means to enhance their protection in full compliance with the
       Declaration; the main activities of the special representative shall be:
  a)   To seek, receive, examine and respond to information on the situation and the rights of
       anyone, acting individually or in association with others, to promote and protect human
       rights and fundamental freedoms;
  b)   To establish cooperation and conduct dialogue with Governments and other interested
       actors on the promotion and effective implementation of the Declaration;
  c)   To recommend effective strategies better to protect human rights defenders and follow up
       on these recommendations;
  4.   Urges all Governments to cooperate with and assist the Special Representative of the
       Secretary-General in the performance of his or her tasks and to furnish all information in
       the fulfilment of his or her mandate upon request;
  5.   Requests the Secretary-General to provide the Special Representative with all necessary
       assistance, in particular the staff and resources deemed necessary to fulfil his or her
       mandate;
  6.   Requests the Special Representative to submit annual reports on his/her activities to the
       Commission and to the General Assembly and to make any suggestions and
       recommendations enabling him or her better to carry out his or her tasks and activities;
   #''" # #
      "          )'    0 -" "! #
                          (0 # (
                              )             B
.             ) "            !-

  or many delegates, especially those attending large international conferences, an email
from the conference organisers giving Member State allocations will result in a scramble for
an Atlas or the Internet in ignorance that the State or NGO even existed. There is a
temptation to feel dispirited if you are not representing a powerful country. However, it
really does not matter what Member State you represent – a delegate’s level of preparation
and ability to form personal relationships with other delegates often counts for more than the
diplomatic prestige that the name of their Member State is supposed to represent.

The ‘floating votes’ of those States undecided on an issue are likely to attract for more
attention from those wishing to build consensus than countries whose policy is clearly
known to be at an extreme. Member States hold equal voting and speaking rights in most
committees, so, for a resolution to pass, a country with a particular interest in an issue cannot
afford to ignore the vast majority of delegates with no direct interest.

Furthermore, representing a Member State that perhaps lacks either the ‘headline grabbing’
power or instability to feature regularly in the media gives the advantage that very few will
be able to spot if there is slight deviation from the country’s stated policy. Those representing
diplomatic powerhouses have to be far better prepared.

'                                                                                              !

The opportunity to explore the alternative worldview of another country is one of the great
attractions of MUN. There are countless sources providing information of relevance to MUN
research. However, there are a number of easily accessible Internet-based sources of
information that any MUN research project must include.

1. Study Guides. Nearly all conferences produce study guides downloadable from the
   Internet for each of the topics on their agenda. They provide an excellent introduction to
   the issues and the major areas of contention. Most study guides also give policy positions
   according to regional blocs and suggest approaches that a resolution might adopt.
2. CIA World Fact Book. The World Fact Book is maintained by the US Central Intelligence
   Agency and contains factual summaries on every country in the world, listing details of
   population, government, economy, language, religion and so on (access it on the web at
   http://www.cia.gov/cia/publications/factbook/). Check facts like land area,
   population and GDP against a State you are familiar with such as the UK to provide a
   comparison.
3. BBC News. The BBC News web site (www.bbc.co.uk/news/) maintains a search
   function which can be checked for stories relating to your Member State or topic area.
4. Homepages of the Permanent Missions to the UN. Most missions to the UN have their
   own web sites containing policy statements and the text of speeches to UN bodies made
   by diplomats (go to http://www.un.int/index-en/webs.html for lists). They normally
   provide excellent summaries of that State’s policy towards most items on the UN’s
   agenda. Similar speeches and statements can also be found on the web sites of many
   national foreign affairs ministries.
5. United Nations Bibliographic Information System (UNBIS). The text of speeches made
   to the UN can also be accessed through the database on the UNBIS web site
   (http://www.un.org/Depts/dhl/unbisnet/index.html). Other important tools on the
UNBIS site are searchable databases of Member States’ voting records and resolution
   sponsorship.
6. UN Document Centre. Provides access to all UN resolutions since 1946
   (http://www.un.org/Depts/dhl/index.html).

)        "                                                                                  !

Addressing a large MUN committee of up to 1,000 people can be a challenging experience,
especially for those with little experience of university-level MUN or public speaking. Here
are some suggestions to help develop basic public speaking skills.

Preparation: Know the key facts of the topics under discussion and properly research the
Member State’s policy. Delegates who understand the topic often make better contributions
to debate than those who are experienced at public speaking but do not understand the facts.
It is sometimes a good idea to write a policy paper or resolution, even if not required for a
particular conference to help focus on the key ideas. It also gives the chance to articulate
ideas that can be used as '
                          sound bites'during speeches.

There are many have different ways of preparing to speak in public. Some prefer to write out
a speech in full, others write key facts onto note cards or commit ideas to memory. Each style
has its own advantages and disadvantages and each will be suited to different people.

An important part of preparation is also to make sure you read and understand the Rules of
Procedure.

Practice: Confidence when speaking in public only comes with practice and experience. Most
MUN societies at universities will organise full practice routines in the weeks leading up to
each conference, drafting and discussing resolutions on topics on the conference’s agenda.
Practising in front of a relatively informal audience in weekly training sessions provides an
excellent chance to develop basic public speaking skills.

Presentation: It may seem a simple point, but many people present poorly when public
speaking due to nervous mannerisms. Remember to speak loudly and clearly to the
committee. Try not to move around too much when speaking. Sometimes it is helpful to ask
a friend to watch delivery and criticise the presentation. It can also be helpful to record
yourself speaking using a video camera and reviewing it to spot any poor areas of
presentation. Practice will also help you to correct problems in presentation.

Participation: Being a delegate is not all about giving extended speeches to the full
committee. There is plenty of time for discussing the topic in an informal way. Some
delegates will prefer to ask short points of information rather than deliver longer speeches,
others may prefer to draft resolutions, policy statements or amendments. Participate at the
level that you feel comfortable with, but make sure you challenge yourself.

Positive thinking! Public speaking is all about confidence. Also remember that MUN is
designed to be an unashamedly fun experience. Enjoy it!
KCL MUN Blue Book
KCL MUN Blue Book

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KCL MUN Blue Book

  • 1. The King’s College London Model United Nations Society is a group of graduate and undergraduate students from King’s College London who meet regularly to discuss international issues and represent the College at student international affairs conferences. The society attends MUN conferences all over the world, winning many awards for its contributions. They also loan staff and other support to the London International Model United Nations conference, the largest university-level MUN conference in the UK. Copyright © 2005 King’s College London Model United Nations Society All rights reserved. No part of this publication may be reproduced in any form by any means, electronic or mechanical, including photocopying or recording, or stored in an information retrieval system, without the permission in writing from King’s College London Model United Nations Society.
  • 2. «
  • 3. ! " # $ # " % $ % The General Assembly The International Court of Justice The Security Council The Economic and Social Council The International Court of Justice Other International Bodies An Introduction to International Law Resolution Basics " & ' () #% Formal Debate Informal Debate Points and Motions The Passage of a Resolution " * + ' #, Preambulatory Clauses Calling upon States A Legislative Approach An Organisational Approach " - . ) " %/ Research Public Speaking Negotiation and Consensus Building %,
  • 4. $ !# odel United Nations (MUN) simulates the diplomacy of the many forums of international relations. It aims to build an understanding of global challenges amongst young people that crosses borders of background, culture and nationality. Using both the knowledge and the relationships they form through MUN, it is hoped that that the next generation of world leaders and thinkers will be able to work co-operatively to find solutions to future global problems that are compatible with the aims and principles of the United Nations. Taking on the role of an ambassador to the UN, participants can experience the complexities of international policy formation at first hand. Knowledge of global politics is not only important to students of international relations or other social sciences, but also to future leaders and thinkers in academia, business, law, medicine, science and wider civil society. MUN also aims to develop transferable skills essential to all fields of study and employment. Delegates must demonstrate strong leadership, initiative and expertise in public speaking. Participants must be skilled at negotiation and consensus building, and be able to create relationships rapidly with people of alternative backgrounds and viewpoints. MUN was established in the 1930s, when universities in the United States began to simulate the discussion of the League of Nations. Today, MUN recreates the debate of an extraordinary range of diplomatic forums, including inter-governmental bodies such as the UN General Assembly, regional organisations such as the European Council and judicial bodies such as the International Criminal Court. Each participant or ‘delegate’ represents the viewpoint of a single Member State of the United Nations or non-governmental organisation (NGO), researching that country’s or NGO’s policy and advocating these views to other delegates. The debate is controlled using conventions and rules based on those used at genuine international summits. The objective is always to reach consensus and pass a statement of the international community’s response to a particular area of concern. These formal statements - called resolutions - contain collective action that will be taken to address the issue. Hundreds of thousands of students in universities across the world participate in MUN debate, but it is only when brought together at conferences that the recreation of international diplomacy approaches realism. Most university societies visit one or two large international conferences a year – attracting up to 3,000 students – and three or four national conferences – attracting about 300 students. Recreating around a dozen different international organisations or committees, conferences offer an intense schedule of debate and negotiation followed by social events during the evenings. Most conferences will be visited by senior figures from the international affairs community, who offer delegates an insider’s perspective on the issues being discussed and an important link to reality. Conferences often include tours and other events to expose delegates to the culture of the host country and social events to offer the opportunity of meeting other multinational delegates informally. Some conferences also organise post- conference excursions to explore the wider natural and cultural beauty of the host country once debate has been closed.
  • 5. $ !% $t is important to understand the role and structure of the United Nations (UN) before attempting to engage with its agenda. This chapter provides an introduction to the UN and outlines the various forums that are commonly recreated at MUN conferences, their powers, composition and responsibilities. It also provides a basic guide to international law and the formal structure of a UN resolution. The United Nations was founded on 24th October 1945 with the hope that succeeding generations could be saved from the scourge of war and that common standards could be agreed on human rights, international law and social progress. The UN is based on the principle of collective security - that any breach of international peace by one State will be punished jointly by the rest of the international community. Grounded on these ideals of global governance, since 1945 the UN system has expanded to consider nearly all areas of international relations - from its leadership in areas of development, security and human rights to less well-publicised work in areas as diverse as road traffic standards and the protection of cultural heritage. Following the end of the Second World War, its initial 51 Member States officially adopted the United Nations Charter - the treaty document that acts as the organisation’s constitution. Over the past 60 years, the United Nations has grown to a total of 191 Member States. With the recent admission of Switzerland and Timor-Leste, the Holy See is the only widely recognised State that is not a Member. According to Article 1 of the United Nations Charter, the purposes of the UN are: to maintain international peace and security; to develop friendly relations among nations; to cooperate in solving international economic, social, cultural and humanitarian problems and in promoting respect for human rights and fundamental freedoms; and to be a centre for harmonizing the actions of nations in attaining these ends. For 2004-2005, the UN budget was US$3.16 billion - five cents for every 100 people of the world’s population. The organisation is funded by contributions from Member States, with the funds that each State provides calculated mainly on the basis of Gross National Product. The four principal organs of the UN recreated at MUN conferences are the: General Assembly; Security Council; Economic and Social Council; and the International Court of Justice. Also at the UN’s centre, although not recreated by delegates at MUN conferences are: The Secretariat ; The Trusteeship Council. Most conferences are administered by Secretariats and headed by a Secretary General. These Secretariat positions tend to be filled by students with considerable MUN experience. In addition, the UN family embraces a much larger group of agencies and forums, some older than the UN itself. Many of these organisations are independent from the UN with separate governing bodies and budgets, but maintain strong links through co-operative
  • 6. agreements. Known as ‘specialized agencies’, they include the International Monetary Fund (INF), the International Atomic Energy Agency (IAEA), the International Labour Organization (ILO), the World Bank, and the World Health Organization (WHO). The International Maritime Organization, the only member of the UN family to be hosted in the UK, is also a ‘specialized agency’. Also part of the UN system, a number of other UN programmes and funds come under the direct authority of the General Assembly or Economic and Social Council. These include the Office of the UN High Commissioner for Refugees (UNHCR), the UN Development Programme (UNDP) and the UN Children’s Fund (UNICEF). 0 1 ! Very few Model United Nations conferences lack the unique challenge provided by simulating the debate of the General Assembly (GA). The UN’s ‘parliament’ is unparalleled in scale, both in terms of the number of countries and cultures represented, but also in terms of the number of topics that may reach the agenda. Every Member State, regardless of power or influence, political or social system, population or wealth, has a single vote in the GA. It is the only UN body where every country has representation. A simple majority (that is 50% plus one) decides most matters, while what the Charter refers to as ‘important matters’ are decided by a two-thirds majority. It normally meets between September and December at the United Nations Building in New York. The GA is responsible for the consideration and approval of the UN budget. It elects all non- permanent members of the Security Council, members of the Economic and Social Council (ECOSOC), and judges of the International Court of Justice (ICJ). The GA also appoints the Secretary General, on the recommendations of the Security Council. It may also admit and expel Member States. Although the GA has never expelled a member, it did suspend the voting rights of South Africa between 1974 and 1994 during the apartheid era. All these responsibilities are considered ‘important matters’ to be decided by a two-thirds majority. The GA may consider and make recommendations on any matter of ‘international peace and security’ or otherwise within the scope of the UN Charter, so long as the issue is not already under consideration by the Security Council. It may also initiate studies and make recommendations that enhance ‘the realization of human rights and fundamental freedoms for all, and international collaboration in economic, social, cultural, educational and health fields’. Under this power, it has been responsible for the adoption of many instruments of international law, including agreements on the law of war, human rights and the environment. The GA is not a legislative body. Its decisions do not have the standing of international law, although they do establish the will of the international community and can be referred to in the decisions of the International Court of Justice, other international courts and domestic courts. In certain circumstances, it can establish binding international law by adopting a treaty, but a Member State must both sign and ratify it to be legally bound by the treaty’s measures. In addition to its 191 Member States, the GA may also be addressed by a number of formally recognised observers. These include one State (the Holy See), Intergovernmental
  • 7. Organisations (such as the African Union and the League of Arab States), NGOs (like the International Committee of the Red Cross) and territories whose sovereignty is ill defined (such as Palestine and the Sovereign Military Order of Malta). The GA’s opening session is normally addressed by the Heads of Government of the world and the Secretary General. Due to the size of the GA’s agenda, most items are referred to specialist committees for consideration. There are six GA committees: First Committee: Disarmament and International Security Second Committee: Economic and Financial Third Committee: Social, Humanitarian and Cultural Fourth Committee: Special, Political and Decolonization Fifth Committee: Administrative and Budgetary Sixth Committee: Legal Less controversial items may be discussed in what is called plenary session without referral to a committee. Such agenda items are often adopted by acclamation – there is no formal vote. Resolutions drafted in the six committees must be passed in committee before reaching the floor of the General Assembly where it is voted on a second time to determine whether it will be formally adopted. Model UN conferences tend to recreate the debate of the individual committees rather than the entire GA. The Economic and Financial Committee and the Administrative and Budgetary Committee are rarely recreated at Model UN conferences due to their technical nature. The Legal Committee is occasionally recreated, but delegates are often required to have studied international public law. 0 $ (2 ! The International Court of Justice (ICJ) offers MUN delegates a very different challenge to the other organs of the UN. It is the only committee where delegates do not represent the views of Member States, instead giving their own opinions based on legal knowledge. The ICJ settles legal disputes between States and offers advisory opinions on legal matters requested by other UN bodies. The General Assembly and the Security Council elect the Court’s 15 Justices for terms of nine years. The ICJ can only hear cases that States have submitted to its jurisdiction – it cannot rule on cases brought by individuals or other organisations against States. To participate in the ICJ, it is normal for conferences to require delegates to have a university-level grounding in international public law. 0 3 ! With its relatively small size of 54 members and socio-economic focus, many delegates prefer the Economic and Social Council (ECOSOC) for the break it offers from the squabble of larger committees on matters of international security and armed conflict. Greater emphasis is placed on consensus building within ECOSOC, not only with Member States but also with the attending NGOs. However, its responsibility for the UN’s work on important issues
  • 8. including development and HIV/AIDS means that its agenda is no less significant or divorced from the influence of world politics. Under the overall authority of the General Assembly, the Economic and Social Council (ECOSOC) co-ordinates the UN’s work on economic, social, cultural, educational and health related matters, supervising many of the specialized agencies and programs. The Council has a membership of 54, elected by the GA for terms of three years. ECOSOC works more closely with NGOs than the General Assembly. Over 1,500 NGOs have ‘consultative status’ giving them considerable access to the decision-making processes of the Council. 0 ! The Security Council offers MUN delegates the opportunity to debate the most significant contemporary international security issues and crises in a very small and personal forum. Sometimes the agenda of a MUN Security Council is interrupted by a crisis situation involving a fictitious break to international peace and security created by the conference Secretariat. Such crisis situations can be particularly challenging simulation and demand a broad knowledge of international affairs from Council delegates. It is the duty of the Security Council to ‘ensure prompt and effective action by the United Nations’ and it has primary responsibility for the maintenance of international peace and security. The Council may meet at any time to consider matters of concern. All decisions of the Security Council have the full authority of international law and must be obeyed by all States. The Security Council consists of fifteen members. Five are permanent members (the so-called ‘P5’) - China, France, Russia, the United Kingdom and the United States. The remaining ten seats are for non-permanent members elected by the GA and limited to serving only one term consecutively. Decisions of the Council are made by nine affirmative votes. The P5 hold vetoes - no decision may pass the Council without the agreement of all five permanent members. Despite changes to the geopolitical landscape since the late 1940’s - decolonization, the end of East-West military confrontation and globalisation - the membership and operations of the Security Council have altered very little. It is seen by many as being undemocratic and unrepresentative of the current world power balance. Under consideration by the General Assembly since 1992, reform of the Security Council is one of the most contentious items on the UN agenda and is considered by some to be one of the most important issues faced by the UN in its attempts to remain relevant. The changing nature of the threats to international peace and security have only served to further highlight the need for reform as the threats of the Cold War give way to those of international terrorism, proliferation of weapons of mass destruction, intrastate conflict and genocide. The challenges presented by these new threats have sometimes found the Security Council wanting and have intensified calls for reform. The Security Council may intervene in any dispute that is likely to endanger international peace and security. It may recommend a solution by negotiation, enquiry, mediation, arbitration, by referral to the International Court of Justice or by other peaceful means.
  • 9. If efforts at peaceful resolution have or are likely to fail, the Security Council may resort to a more robust approach. Under what are referred to as its Chapter VII powers, the Council may impose economic sanctions, an arms embargo, sever diplomatic relations or other actions short of armed force. As a last resort, Chapter VII also authorises the Security Council to use ‘all necessary means’ including military force against any threat to international peace or security. Before the Gulf War in 1991, the Security Council had only use its Chapter VII powers to authorise military force once – during the Korean War of 1950. The Charter only permits States to use force in two circumstances - if acting under a Chapter VII mandate from the Security Council or if acting in self-defence (under Article 51 of the UN Charter, which recognises that States have the inherent right of self-defence against an armed attack). No other acts of force are considered legal - although in practice many unlawful incidents of the use of force have occurred throughout the 60 year lifetime of the Charter. The Security Council also recommends to the GA new Secretary-Generals and new Member States. 4 $ 5 ! In addition to the main organs of the UN, many other international and regional inter- governmental organisations and judicial bodies are occasionally recreated through MUN. Some conferences even recreate climatic events from diplomatic history such as a major peace conference, cabinet meeting or Security Council discussion. One MUN conference has even included a simulation of the Versailles Peace Conference and the Congress of Vienna. The scope of forums that can be recreated through MUN is only limited by the imagination of the conference organisers. Those most commonly simulated are listed in the table below. More information can be found on the organisations’ websites. 4 ' " + " African Union (AU) Promotes democracy, human www.africa- 53 Member States rights and development across union.org (all African States Africa. except Morocco) Association of South Accelerates South East Asian www.aseansec.org As of May 2005, East Asian Nations regional economic growth, 11 Member States (ASEAN) social progress, cultural development, and promotes peace and stability. European Council The main decision-making ue.eu.int As of May 2005, body of the European Union 25 EU Member States GA Special Meets occasionally to discuss www.un.org/events The 191 Member Session/Conference areas of special concern to States of the UN the UN General Assembly. International Criminal Conducts trials of www.icc-cpi.int As of March 2005, Court (ICC) individuals who are charged 98 State parties to with violations of the Rome Statute international humanitarian law. Organization of Decides issues of regional www.oas.org As of May 2005, American States co-operation in the 26 Member States (OAS) Americas.
  • 10. 4 ' " + " United Nations Considers UN work on trade www.unctad.org 192 Member Conference on Trade and development, States and Development monitoring issues and offering technical assistance. United Nations Promotes international co- www.unesco.org 191 Member Educational, Scientific operation on ethical issues. States and Cultural Organization (UNESCO) United Nations Monitors, reports and www.ohchr.org As of May 2005, Human Rights debates on human rights 53 Member States Commission violations, either in specific (UNHRC) countries or generally. World Health Decides budget and major www.who.int 192 Member Assembly (WHO A) policy issues of the World States of the Health Organization (WHO), WHO the UN’s specialised agency for health related issues. World Trade An international forum for www.wto.org As of February Organisation (WTO) the negotiation of trade and 2005, 148 the settling of international Member States commercial disputes. $ $ ! Many of the ideas discussed during MUN debates are founded on the multiple treaties, customs and principles that make up international law. A basic understanding of the main types of international law, how it is drafted, adopted and enforced, is therefore helpful. A few committees at large conferences will require a more developed knowledge (such as the International Criminal Court, the International Court of Justice or the Sixth or Legal Committee of the General Assembly), but the information contained in this guide should be sufficient for most of the non-specialist committees. There are generally considered to be three main sources of international law: International Treaties; International Custom; and General Principles of Law accepted by Civilised Nations. $ 0 Treaties are agreements between States committing each signatory to a set of certain actions or forms of behaviour. The UN itself was set-up under the provisions of an international treaty, the Charter of the United Nations. Many treaties are bilateral agreements between two States. For example, under their Bilateral Agreement on the Prohibition of Attacks against Installations and Facilities, India and Pakistan have agreed not to attack each other’s nuclear installations or facilities. Others are multilateral - often adopted at a meeting of an Intergovernmental Organisation (IGO) such as the UN. For example, in 1950 the European Council adopted the European
  • 11. Convention on Human Rights. Such agreements are often referred to as international conventions or covenants, although the name is of less importance than the content of the treaty. United Nations bodies have adopted a huge range of international treaties. Prominent examples include the Convention on the Prevention and Punishment of the Crime of Genocide adopted by the UN General Assembly in 1948 and the International Covenant on Civil and Political Rights adopted in 1966. IGOs can also make agreements called declarations, such as the Universal Declaration on Human Rights. Declarations differ from conventions in that they are not legally binding. Nevertheless, they can establish a widely recognised standard. In some cases declarations are adopted because a convention proved too controversial to pass. In 2004, the UN General Assembly reached deadlock discussing a proposed ‘International Convention against the Reproductive Cloning of Human Beings’, but there were sufficient votes to pass the UN Declaration on Human Cloning a year later in 2005. The drafting, adoption and entry into force of a UN convention follows a set route. Firstly, the UN General Assembly passes a resolution to establish a working group to conduct relevant research and study to produce a draft convention. Secondly, the draft is considered by the UN General Assembly, which must pass it with a two-thirds majority. Thirdly, States must sign the treaty (give agreement to its principles), and ratify it (agree to be legally bound by its measures). For the new convention to become legally binding for an individual State, that State must both sign and formally ratify the convention. The gap between signing and ratifying the treaty may be several years and in some cases a ratification is never achieved. For example, the UN Convention on the Rights of the Child adopted by the General Assembly in 1989 has yet to be ratified by either the US or Somalia. States that have signed and ratified a treaty are often referred to as the ‘state parties to a treaty’ or simply the ‘state parties’. Finally, the treaty will enter into force. Some treaties will specify a specific date for entry into force, while others will detail conditions that have to be met before this can take place. Often these conditions will include ratification by a certain number of states. Once in force, a State party to a treaty must alter its domestic law to ensure compatibility with its provisions. However, States may choose not to apply certain elements of a treaty through a derogation or reservation. Derogations allow a state party to suspend certain parts of an international treaty, particularly during times of national emergency. For example, in November 2001, the UK Home Secretary declared a ‘state of emergency’ to allow derogation from certain elements of the European Convention on Human Rights so that international terrorist suspects could be pursued and detained. Reservations allow the opting out of certain provisions of a treaty and may be made by a State when ratifying a treaty. For example, a number of Arab States maintain reservations regarding the UN Convention on the Rights of the Child due to incompatibility with Islamic Shariah law. Reservations are not allowed if they are contrary to the object and principles of the treaty. For instance, a State cannot make a reservation to the UN Convention Against Torture that allows them to torture under certain circumstances.
  • 12. Additions or amendments may be made to a treaty through the drafting of a protocol. One prominent example is the Kyoto Protocol to the UN Convention on Climate Change. Protocols are drafted, adopted, signed and ratified in exactly the same way as other conventions. All resolutions passed by the Security Council also possess the standing of international law and their provisions must be implemented under the provisions of the UN Charter, an international treaty. $ International law can also be established through custom. These are near universal principles of behaviour that are recognised by the majority of states. Under the custom known as pacta sunt servanta, for example, it is convention for a state to be bound by the provisions of treaties they are party to. 1 ) " ( " 6 General Principles of Law are principles recognised by the majority of legal systems. For example, the rule of res judicata, that a case that has been through the full legal process of trial and appeals cannot be reopened, is widely accepted in many states. ' 5 ! The aim of any meeting of the UN or other diplomatic forum is to reach consensus and pass a statement of a multilateral response to a particular international issue. These formal statements – or ‘resolutions’ – contain agreed collective action to be taken to address the specific area of concern. UN resolutions are drafted according to very specific guidelines. The box below contains an example of a resolution taken from a university-level MUN conference. The Question of Renewable and Alternative Energy The General Assembly, Recalling the provisions of the United Nations Framework Convention on Climate Change and its Kyoto Protocol, Recalling further the Johannesburg World Summit on Sustainable Development Plan of Implementation that affirmed the urgent need to substantially increase the global share of renewable energy sources with the objective of increasing its contribution to total energy supply, Aware that extended world production of renewable energy has important implications for international peace and security and the achievement of development goals set out in the Johannesburg Declaration on Sustainable Development, Noting that possible solutions to address climate change must also include reducing emissions by other means, protecting and expanding forests, lifestyle changes to reduce energy consumption and adaptation, Deeply concerned by the findings of the Third Assessment Report of the Intergovernmental Panel on Climate Change that significant climate change will result if 21st century energy needs were met without a major reduction in carbon emissions, Fully aware of the urgency with which the international community must address the effects of
  • 13. climate change, Convinced that the extended use renewable energy sources provides an important tool in the protection of the environment from the harmful effects of carbon emissions from the burning of fossil fuels, 1. Calls upon all states to work co-operatively towards achieving the goals of the Johannesburg Declaration on Sustainable Development and the Plan of Implementation to endorse and encourage the increased production of renewable energy and its contribution to total energy supply; 2. Urges all states to work collectively towards achieving the ultimate objectives of the United Nations Framework Convention on Climate Change and strongly urges States to ratify its Kyoto Protocol in a timely manner; 3. Requests that the Secretary General appoint for an initial period of two years a Special Representative of the Secretary General for Renewable Energy to gather information and co- ordinate approaches to renewable energy production and to this end the Special Representative shall: a) aid in the drawing up of national programmes for the introduction of renewable energy; b) support education, implement training, and disseminate information about renewable energy; c) establish regional centres of research, development and transfer; d) evaluate and process information on applied technology and best practice experience; e) advise on and arrange financing options for renewable energy; f) collect data and draw up statistics on renewable energy; 4. Decides to convene an Ad-hoc Working Group open to all States Members of the United Nations or members of specialized agencies to draft an international Code of Conduct on the production of renewable energy with particular attention to: a) extending market access for renewable energies; b) encouraging financial incentives for the extension of renewable energy production; c) extending research and development of renewable energy technology; d) the use of renewable energy as a tool of development; e) public education regarding the benefits of renewable energy; f) the sharing of information regarding best practice in renewable energy production and the prompt sharing of technological advances; g) the integration of renewable energy into other approaches to address climate change. As seen in the above example, a resolution is formed of one complete sentence beginning with the name of the body that has passed it and ending in a full stop. Resolutions are divided into individual clauses, each containing a specific statement or course of action. There are two types of clause: Preambulatory clauses – These introduce the issues under consideration. They list previous resolutions and items of international law that are relevant. Preambulatory clauses will also explain why international action is required and justify the approach taken in the resolution. The preambulatory clauses are collective referred to as the preamble and each one ends in a comma.
  • 14. Operative clauses – These clauses outline the action that has been agreed upon to address the international issue. Each operative clause ends in a semicolon, with the exception of the final clauses, which ends in a full stop. Clauses begin with an opening phrase - displayed in Italics or underlined. Use of opening phrases is normally restricted to a set list. Those most commonly used are listed below. It is best not to use phrases more than once in a resolution. ) ) ! " # !$ %&' & "( ) * " ! # % ' + ! $ * ' " (" %, # & #( ,(- *# , ( ( ( "- ( # ' #( ,(- ( '* " " - . ! #( ,( "(& ( - " # #) " #& ( #( &( )- #"" # ('* ( ! #( ,( * # ! - * / " * " ( * " * (# # +" / " * " (-* "# ! 0 &' & 1 ( )- (" * # ! $ 0 !. 1 ( *#!'" )- * #"#" ! $ ) 0 ! ! 1 ( )- ' " * # ! $ 0 # . 1 ( )- #'' " * " + ! ( $ ) 0& 1 ( )- 2 " ) ( " *! $ (( 3 4 1 ( )- "! " # " 54 (# # ( ) " "!# '* " - . 54 ( #" # (# # " ( / ( * 54 #( 6#!'" / " * " ( * " * ( # 7 , ,( *- * (# 0 & '" & / " * " ( "(& ( " " # 8 !' # 0 # '' " 1 !! )! & 0 (" 1! ! ' )$ ! 4" 6 ) 0' " 1! , )$ ! % *"( 02 " ) (" 1! * )$ ! ! # %&'" & 3 ! ! & '" #' $ & 1! )$ ! !! % *# " * 3! ! # ' " #' $ 9) +$ % (# ." )- 3 * #( )* " #( * ! ! " 5 4" # # ( & #" !* ! # ) 5 " " '( #" &( )- # ' " 5)( " " # ( ( ( ( # # &'" " /' # (! " )( - #" " As with many ‘legislative’ processes, the final resolution may bear only mild resemblance to the original as a resolution will undergo considerable redrafting and amendment both in informal lobbying sessions as well as in formal debate before it is successfully passed. More information is provided about the process of debating resolutions and how to draft one in later chapters.
  • 15. ' () !& tudents participating in MUN conferences assume the role of a delegate - representing a Member State of the UN, an observer or a non-governmental organisation (NGO). Each delegate will be allocated either individually or in groups of two to a committee specialising in a particular area of international policy to represent the views of the larger delegation. Head Delegates lead the delegations, co-ordinating everything from policy research to travel arrangements. The debate at Model United Nations conferences is controlled by the Rules of Procedure. Each conference’s Rules of Procedure will differ slightly, so it is important to check these on the Web before attending a conference. The Rules of Procedure will often be tens of pages long and can seem quite intimidating for the inexperienced. However, they are very easy to pick up through participation and practice with other members of your delegation. . ! Model United Nations debate is co-ordinated by a chairperson, variously referred to depending on the conference as the President, the Chairman or the Committee Director. The chairperson will often be supported by one or more deputies, called the Vice President, Co- chair or Assistant Director (known as ‘AD’). The chairperson and his or her deputy chairpersons are collectively known as ‘the dais’. At larger conferences, the dais is aided by a staff to pass notes between delegates and a secretarial group to type committee documents. The chairperson is likely to have several years of experience as a delegate, often running their own university society, and will be appointed by the conference organisers or Secretariat. They will normally be responsible for writing the study guides circulated to delegates before the conference. It is the chairperson’s main task to ensure that debate follows the Rules of Procedure. They also advise delegates on policy and on the writing of resolutions and other documents. The chairperson normally begins by calling a Roll Call: a list of the Member States attending. Delegates respond either present or present and voting. A Member that is ‘present and voting’ cannot abstain (that is, vote neither in favour nor against) on the final vote, while a Member merely ‘present’ can. Delegates declare themselves as ‘present and voting’ to signal to other delegates that they consider the topics under consideration as important and serious enough not to abstain. There are three styles of debate at MUN conferences: formal debate (following the Speaker’s List), moderated caucus and unmoderated caucus. Following a Speakers’ List is a very formal style of debate and does not allow for discussion of issues between delegates or the quick exchange of ideas (see Diagram 1). The speakers’ list is a list of all those delegates who wish to address the committee. Each delegate possesses a placard printed with the name of the Member State they are representing. Placards are used to request the attention of the chair or for voting. On opening a speakers’ list, the chairperson normally asks delegates to raise their placards if they wish to be added to the list. Once the chairperson has completed this stage, delegates wanting to be added to the list normally have to pass a note to the chairperson.
  • 16. When it is a Member State’s turn to address the committee, the chair will formally recognise the State. He or she will say, for example, ‘The United Kingdom, you have been recognised’. The chairperson then gives the speaker a speaking time indicating for how long they may speak. Speeches are strictly timed and speakers will be interrupted if they exceed this limit. The chairperson will normally lightly tap the table or otherwise signal if a speaker is within 10 seconds of their time limit to give them chance to conclude their arguments. The main speakers’ list is known as the General Speakers’ List for those wishing to speak on the topic generally. This is opened once the agenda has been set and remains open until the closure of debate and the resolution is voted upon. Separate additional lists will be opened for debate on other matters as they arise. Normally, the speakers’ list is described as ‘open’ meaning that delegates may express opinions both for and against the item under discussion. However, a speakers’ list is sometimes divided into two sections: ‘for’ and ‘against’. In this case, the speakers alternate between those ‘for’ the item under discussion and those ‘against’. . # 5 &, - !# ' !" (" - !( ) ( # " # +( , ) & - &!, ## ! 5 - * " - # # "" - / " 4 # ( (* " 4 "!( * :" ; ( 3 4" " - * : ( ! (" " 4 ( ! # * ' 3 4 * " "- # " ( ''( ) ( ( ! 3 4 * ( $! - # ) #( & ' ) #( ( ' ! "" * 3 4 $! ( * "# 3 4 $! (* ( * "# # " 3 4 $! * " #- ( ! ( # &' ( & # # (( #- - * " # ! (" $ " 2 "# " #( " 4 ) ( " 4 ( ' 4) ( ( - * !* ' ! "" ) ( ( " 4 * # !- * " #$ ! ( ( - * " ( #- # Diplomats are required to observe certain formal conventions of language when addressing a diplomatic forum. Delegates must remain standing while addressing the committee and it is polite to begin by thanking the dais for being allowed the opportunity to speak: ‘Thank you Mister/Madam President/Chairman/Director’. The delegate addresses their speech to the dais and then the delegates: ‘Mister/Madam President/Chairman/Director, Honourable Delegates’. Delegates always refer to each other as ‘Honourable Delegates'. To add emphasis to a new part of a speech a delegate may occasionally re-address their speech to the dais by beginning the new section ‘Mister/Madam President/Chairman/Director’. It is also diplomatic convention never to refer to your own views with ‘I’ or refer to others with ‘He’ or ‘She’. Instead, delegates use the names of their Member States: for example, ‘The United Kingdom believes’. ‘My’, ‘His’ or ‘Her’ are similarly not allowed. Most MUN conferences also require that delegates wear business attire – business suits and ties or female equivalent.
  • 17. If diplomatic protocol is not followed and a delegate feels that a speech has impugned their personal or national integrity, the offended delegate may request a Right of Reply at the conclusion of the offending speech (a Right of Reply cannot interrupt a speaker). Rights of Reply may only address lapses of courtesy, they cannot be used to challenge false or inaccurate claims regarding policy. Rights of Reply are granted only at the discretion of the chair and responses to Rights of Reply are not allowed. If a delegate has broken the Rules of Procedure, the chairperson declares their actions as out of order. Once a delegate has finished addressing a committee, they must choose how to hand over the right to speak, called yielding. A delegate may: Yield to the dais, where the right to speak normally passes to the next delegation on the speakers’ list; Yield to points of information, where the delegate accepts questions from other delegations on what they have said; or Yield to another delegate, where the delegate yields remaining time to a speaker from another Member State. To yield to points of information or to another delegation, there must be enough time remaining. A point of information is made to elicit information from a speaker. Normally this will be to clarify a specific area of their stated policy. Points of information must be addressed in a question and must be kept relatively short. The delegate asking the question must remain standing during both their question and the answer given by the speaker as a sign of courtesy. Only the speaker’s answers to questions count against the speaking time. The course of debate when following a speakers’ list is summarised in diagram 1. $ ( . ! The Speakers’ List is the most formal style of debate and can be restricting. Less formal styles are the moderated caucus and the unmoderated caucus. In unmoderated caucus, delegates may leave their seats and address other delegates in an informal manner. Its purpose is to allow informal discussion of issues causing deadlock. The purpose of moderated caucus is to facilitate debate at critical moments in the discussion. In a moderated caucus, the committee remains in formal debate, but temporarily departs from the Speakers’ List and the Chair calls upon delegates to speak at their discretion. Delegates raise their placards to signal their wish to speak. ) ! To enter either type of caucus, the committee must formally decide to do so during formal debate. The committee does this by passing a motion to enter moderated caucus or a motion to enter unmoderated caucus (see Diagram 2). These are examples of procedural motions. To propose a procedural motion, delegates raise their placard while the floor is open and wait for the chair to recognise them (proposing a motion cannot interrupt a speaker). Once recognised, the delegate tells the chairperson the motion they are proposing: ‘motion to enter
  • 18. moderated caucus’ or ‘motion to enter unmoderated caucus’. In the case of these motions, the delegate then proposes for how long they wish the caucus to last for and its purpose. The committee then votes on the motion by raising their placards either in favour or against the motion (there are no abstentions on procedural motions). A simple majority (50% plus one) is required for a motion to enter either type of caucus to pass. In some cases, the chairperson may consider a motion as not constructive to the conduct of debate and decide to not put the matter to a vote – this as known as the chairperson ruling the motion as dilatory. Once time has elapsed for either moderated or unmoderated caucus, debate automatically returns to the speakers' list. In addition to motions, a number of points can be made. These are separate from motions in that they do not effect the course of debate, but ask for clarification or information. The purpose of a point of information has already been described. In addition, delegates may make points of personal privilege. A point of personal privilege is the only motion or point that may interrupt a speaker. These are made to draw the speaker or chairperson’s attention to something that is impairing a delegate’s ability to participate in the proceedings. For example, the delegate cannot hear the speaker. Points of order draw the attention of the chairperson to an instance where the Rules of Procedure have been broken, while points of parliamentary inquiry allow delegates to ask questions to the chairperson regarding the Rules. Although most chairpersons are happy to address simple questions through answers to points of parliamentary inquiry, significant questions are best discussed outside formal sessions. Diagram 2 illustrates the course of various points and motions. 5 - * " "" # - # 4& $ ( )*( $"* 4 $* ( # '# # " # " ( ) ( ) (4 7 ) ( #* (" # # ) % ! ( ," " - ) '# # " ( ) 6 7 # ,( ( - $8 7 % ! ( " ( ( #( ( # &- % ! ( - " '* &' # - * " ( # # 2 "( # + ) ) #( +( * ( *( *# ) ! # (- 0 ! " # ) & # ( ) " ,(- #''(( # " # '# # ( ( +( ) ( # 6# ) (- / "* 4 ( "' "# #( # '& # (- 3 4 ": * "( #( * "" " # #( # . % #'' ( ( (" ) )" & !" 5- &!#, ' !!)"( (" ( #) " - #& #)" *# ( " '#( " # 5 ' &# ) )" ! *" " < #'' ( ( ( " ( &# ' ! ) # +( 0 ) ( ' ! This section describes the passage of a resolution through a committee (see Diagram 3). It introduces a number of procedural motions in addition to the motions to enter moderated
  • 19. caucus and moderated caucus as already described. They are proposed in exactly the same manner. A resolution follows a set route through a committee: 1. Setting the agenda; 2. Introducing working papers and resolutions; 3. Amending a resolution; 4. Passing a resolution. # Once the roll call has finished at the beginning of the committee session, it is in order to propose a motion to set the agenda. Most committees have a list of topics on their agendas of between two and three issues. The first duty of the committee is to decide which topic to discuss first. The delegate proposing the motion to set the agenda states which issue they wish to discuss initially and the chairperson will then draw up a speakers’ list divided into for and against. Delegates are then allowed to debate the motion. In most circumstances, there is insufficient time to discuss more than one item during a conference. Normally, the committee is not allowed to enter either unmoderated or moderated caucus while setting the agenda. Under normal circumstances, the main arguments for and against will be clearly argued before everyone on the speakers’ list has had the chance to speak. So as not to waste the committee’s time rehearing the same arguments, a motion to close debate may be proposed and requires a two-thirds majority to pass. Motions to close debate are also in order while discussing any other matter. A motion to close debate ends all further speeches to the committee and moves the matter under consideration directly to a vote – in this case the motion to set the agenda. Once debate is closed, the motion to set the agenda will be voted on and passed by simple majority. The chairperson will then open the General Speakers’ List. % $ "" Having heard the views expressed during speeches to the committee and during lobbying, a group of countries may work together to write a working paper or resolution. While a resolution follows set guidelines, a working paper is more of a work in progress and does not have to follow any particular style. Working papers must be approved by the dais before distribution, which allocates them a number for ease of referral (working paper 1.1, 2.1 and so on). Working papers do not have to be formally introduced for discussion, but the ideas they contain can be referred to by delegates during speeches. If a working paper seems to be producing a consensus during debate, delegates may choose to make alterations so that it follows the strict style of a resolution. Resolutions require a number of Member States to sign them (normally about 20% of those present) before they can be formally introduced for consideration by the committee. Once it has the approval of the dais and numbered, a resolution may be formally introduced for debate. This requires a motion to introduce a resolution. The delegate will also recite its draft number (for example, ‘ Motion to introduce Draft Resolution 1.1’). The committee will
  • 20. vote immediately on the motion, which passes with a simple majority. More than one competing resolutions are normally allowed under consideration at the same time. Once adopted by the committee, one of the signatories reads the operative clauses to the committee and accepts questions relating to meaning or errors of spelling and grammar. Debate then returns with the next speaker on the Speakers’ List. & Resolutions can be amended, adding new clauses, removing clauses or altering the wording of existing clauses. They normally require the approval of about 10% of States to be introduced and must be proposed with a motion to introduce an amendment. An amendment is debated with a separate and new Speakers'List. If passed by a simple majority in committee, the changes are made to the original resolution. Amendments to amendments are not allowed, although an amendment can be made to an amended part of a resolution. Depending on the rules, the resolution sponsors may accept amendments as friendly amendments. This means that they consider a submitted amendment to be constructive and compatible with the spirit of the resolution and so are willing to accept the amendment without debate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o end discussion of the resolutions and the topic, a motion to close debate is required. If passed, the committee enters voting procedures. Voting on resolutions is called the
  • 21. substantive question. On the substantive question, delegates may choose to abstain, meaning that they wish neither to vote for or against the resolution. On most topics, a simple majority is sufficient for a resolution to pass a committee. On any vote, but particularly given a close vote on the substantive question, the chairperson may call a roll call vote. This means that a list of the Member States present will be read out loud and delegates must state ‘Yes’, ‘No’ or ‘Abstain’ once their delegation name has been called. Occasionally a vote may also be decided by acclamation. The vote is taken by saying ‘Aye’ when the chair indicates.
  • 22. + ' !* +orking with other delegates to draft a resolution, debating it and shepherding it through the committee can be one of the most rewarding experiences of MUN. However, it can be a difficult task to transfer good ideas about how an international issue could be solved to the formal structure and conventions of a resolution. Drawing from examples from real UN resolutions, this chapter explains some of the common approaches used. ) ! The preamble forms a significant part of the resolution, outlining the background principles that inform the action proposed in the operative clauses. Sometimes there is a temptation to begin by working on the operative clauses and to use preambulatory clauses to ‘show off’ research, featuring extensive lists of past UN resolutions or the items of international law outlined in the committee study guide. A well-written preamble should persuasively justify the need to address the issue in the way that the operative clauses suggest. It should also outline the context of the draft resolution in terms of past resolutions and international law. The preambulatory clauses should allow other delegates to understand the principles that have informed the operative clauses. Beginning the drafting process by writing the preambulatory clauses provides a good opportunity to think carefully about what the resolution is attempting to achieve and may help produce better operative clauses. The best preambles will build a sense of expectation in the opening words that they employ, using steadily more urgent language before the climax of the operative clauses. Notice how these clauses from a resolution on the subject of religious persecution steadily build up in the urgency and power of the opening words. This is sometimes referred to as a preamble ‘crescendo’. Underlining the important role of education in the promotion of tolerance, which involves the acceptance of and respect for diversity, and underlining also that education, in particular at school, should contribute in a meaningful way to the promotion of tolerance and the elimination of discrimination based on religion or belief, Alarmed that serious instances of intolerance and discrimination on the grounds of religion or belief, including acts of violence, intimidation and coercion motivated by religious intolerance, continue to occur in many parts of the world and threaten the full enjoyment of human rights and fundamental freedoms, Profoundly concerned at acts and situations of violence and discrimination resulting from religious intolerance that affect many women, Deeply concerned at the overall rise in intolerance and discrimination on the grounds of religion or belief, including restrictive legislation, administrative regulations and discriminatory registration and the arbitrary application of these and other measures, Seriously concerned at all attacks upon religious places, sites and shrines, including any deliberate destruction of relics and monuments, Believing that further intensified efforts are therefore required to promote and protect the right to freedom of thought, conscience, religion or belief and to eliminate all forms of hatred,
  • 23. intolerance and discrimination based on religion or belief, as emphasized also at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, 9 ! " '+ 0 "! # %" ! $ #() B > @ ! A ' ( # ! #'" & ! # " (! # &!1 #0 )=# " ! The basic resolution will call upon States or other entities to carry out individual or collective action. These clauses give an example from a resolution considering terrorism and human rights. It calls upon States to enhance regional and international co-operation, to strengthen legislation and policy to combat terrorism and to ensure that the territory does not provide a safe haven for terrorist groups. 7. Urges the international community to enhance cooperation at the regional and international levels in the fight against terrorism in all its forms and manifestations, in accordance with relevant international instruments, including those relating to human rights, with the aim of its eradication; 8. Calls upon States to take all necessary and effective measures, in accordance with relevant provisions of international law, including international human rights standards, to prevent, combat and eliminate terrorism in all its forms and manifestations, wherever and by whomever it is committed, and also calls upon States to strengthen, where appropriate, their legislation to combat terrorism in all its forms and manifestations; 9. Urges all States to deny safe haven to terrorists; 9 ! " '+ 0 "! # %" ! $ #() B > @ ) A ' 0 -" ( 5 #" ' Selecting appropriate language is important. Article 2 of the UN Charter prevents the UN from intervening in matters ‘essentially within the domestic jurisdiction of any State’. Although almost any action by the UN can be attacked as erosion of State sovereignty, it is important to respect the boundaries of what is and what is not appropriate. Remember that only UN Security Council resolutions have the force of international law under Chapter VII and so can ‘demand’ action. Other bodies must pay greater respect to sovereignty, using language that conforms to the status of their resolutions as recommendations. Sometimes, calls for action from States will be watered down during negotiation using well-used terms such as ‘all feasible measures’ to create more freedom in implementation. These clauses are from a Security Council resolution passed just after the terrorist attacks on the World Trade Center in September 2001. Note how the language is less consensual than the example from the General Assembly resolution on a similar topic – using the phrase ‘decides that all States’ rather than ‘Urges States’ or ‘Calls upon States’. 1. Decides that all States shall: a) Prevent and suppress the financing of terrorist acts; b) Criminalize the wilful provision or collection, by any means, directly or indirectly, of funds by their nationals or in their territories with the intention that the funds should be used, or in the knowledge that they are to be used, in order to carry out terrorist acts; c) Freeze without delay funds and other financial assets or economic resources of persons who commit, or attempt to commit, terrorist acts or participate in or facilitate the commission of terrorist acts; of entities owned or controlled directly or indirectly by such persons; and of persons and entities acting on behalf of, or at the direction of such persons and entities, including funds derived or generated from property owned or controlled directly or indirectly by such persons and associated persons and entities; d) Prohibit their nationals or any persons and entities within their territories from making any funds, financial assets or economic resources or financial or other related services available, directly or indirectly, for the benefit of persons who commit or attempt to commit or
  • 24. facilitate or participate in the commission of terrorist acts, of entities owned or controlled, directly or indirectly, by such persons and of persons and entities acting on behalf of or at the direction of such persons; 3 ) ( # ! "! # $ ) 0 #( ) > @ Here are more clauses taken from Security Council resolutions. These examples demonstrate the Council’s reactions to two international crises – the first from a resolution passed just after the Indian and Pakistani nuclear tests in 1998 and the second passed following the Iraqi invasion of Kuwait in 1990. Notice the use of the words ‘condemns’ and ‘demands’ – phrases that only the Security Council can employ in a resolution. 1. Condemns the nuclear tests conducted by India on 11 and 13 May 1998 and by Pakistan on 28 and 30 May 1998; 2. Endorses the Joint Communique issued by the Foreign Ministers of China, France, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America at their meeting in Geneva on 4 June 1998 (S/1998/473); 3. Demands that India and Pakistan refrain from further nuclear tests and in this context calls upon all States not to carry out any nuclear weapon test explosion or any other nuclear explosion in accordance with the provisions of the Comprehensive Nuclear Test Ban Treaty; 3 ) ( # ! "! # $ ) 0 #( ) > @ 1. Condemns the Iraqi invasion of Kuwait; 2. Demands that Iraq withdraw immediately and unconditionally all its forces to the positions in which they were located on 1 August 1990; 3 ) ( # ! "! # $ ) 0 #( ) > @ A call upon states to formally ratify existing international treaties provides a good opening to a resolution. Most topic areas will be of direct or indirect relevance to one or a number of international agreements (these will probably be outlined in the conference’s study guide). Very few international treaties have been ratified by all States and in some cases treaties do not come into force until they have received the ratification of a certain number. Most major international agreements have a website maintained by their Secretariats showing which States have yet to ratify and the conditions that have to be met before the treaty enters force. In addition, implementation of international standards may be poor due to reservations or derogations (see earlier section on international law) or simply due to inaction on the part of national governments. These clauses give an example of a request for States to ratify international standards concerned with the human rights of children. It calls upon States to ratify three important international treaties: the Convention on the Rights of the Child and its two optional protocols. It also urges States to withdraw their treaty reservations and implement the treaties through effective national policy. 2. Urges States that have not yet done so to sign and ratify or accede to the Convention on the Rights of the Child as a matter of priority, and urges States parties to implement it fully, while stressing that the implementation of the Convention and the achievement of the goals of the World Summit for Children and the special session of the General Assembly on children are mutually reinforcing; 3. Expresses its concern about the great number of reservations to the Convention, and urges States parties to withdraw reservations that are incompatible with the object and purpose of the Convention and to consider reviewing other reservations with a view to withdrawing them;
  • 25. 4. Urges States that have not yet done so to consider signing and ratifying or acceding to the Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, and urges States parties to implement them fully; ; Urges States parties to take all appropriate measures for the implementation of the rights recognised in the Convention by, inter alia, putting in place effective national legislation, policies and action plans, by strengthening relevant governmental structures for children and by ensuring adequate and systematic training in the rights of the child for professional groups working with and for children; 9 ! " '+ 0 "! # %" ! $ #() B > @0 -" &- -! A (# ( 6 "" ! MUN resolutions sometimes adopt an international legislative approach, strengthening or extending international law. If there is no relevant international agreement in the area or events and circumstances have superseded the current agreement, there may be a case for proposing the drafting of a new treaty. Creating new international law is a significant measure, so it is important to question whether the issue cannot be more easily dealt with in other ways. Remember that ratification of and compliance with international law can sometimes be poor and that creating an additional treaty may not be productive. Also consider the increased difficulty in finding consensus on the content of new international legal measures. UN bodies begin the treaty adoption process by passing a resolution to set up a Working Group to conduct the work of legal drafting. The resolution will also summarise the key coverage of the proposed convention, stating which behaviours it wants to limit or exactly what constraints are to be created. These clauses taken from a MUN resolution set up a Working Group to consider a convention the proliferation of weapons of mass destruction to terrorists: 6. Decides to convene an Ad-hoc Working Group open to all States Members of the United Nations or members of specialized agencies to consider the drafting of an international convention on the prevention of non-state actors from acquiring weapons of mass destruction; 7. Requests the Ad Hoc Working Group, in developing the draft convention, to include an obligation on all contracting parties to refrain from providing any form of support to non- State actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery with no possibility of making any reservations and to introduce domestic controls to prevent any such operations by non-State actors; 0 "! # #( ) In the case of some issues, it may be easier to achieve greater consensus on the drafting of a declaration rather than a convention. Declarations do not bind parties legally to following their provisions. However, they do provide a clear statement of international opinion with a greater force than basic resolutions. Declarations can be referred to in the decisions of international or domestic courts. Another approach may be to draft some other document lacking the full authority of international law such as an International Code of Ethics or Code of Conduct.
  • 26. When recommending the writing of new international law, it is important to think carefully about definitions. The discussion of a number of international issues is sometimes constrained by a lack of a workable definition. For example, there is no single internationally recognised definition of ‘international terrorism’ or ‘humanitarian intervention’. Debate on such issues could benefit from definition of the terms early on in a resolution. 4 "" ! Many international issues lack an ‘international home’ – a dedicated agency with responsibility for monitoring developments in the area, co-ordinating action and advocating the issue to the international community. However, founding a new agency may not be the best course of action, especially if there is a similar body already in existence with relevant expertise, but is perhaps not fully active in the area. Extending an existing body’s funding or mandate may be more productive than setting up a brand new agency. Think carefully about the nature of the organisation you want to set-up. The UN system contains many different types of organisational structure than provide homes for various issues. Some prominent examples include: 39 " Special Representatives, Envoys, Messengers and Special Representative of the Secretary Special Advisors of the UN Secretary General General for Children and Armed Conflict Departments or Offices of the Secretariat Department of Peacekeeping Operations Specialized Agencies United Nations Educational, Scientific and Cultural Organization Commissions Commission on Human Rights Funds United Nations Children Fund (UNICEF) Programs United Nations Development Programme (UNDP) Research and Training Institutes United Nations Research Institute for Social Development based in Geneva Committees of the Security Council Counter-Terrorism Committee Inter-agency networks UN Oceans and Coastal Areas Network (UN-OCEANS) It is important to fully explain the responsibilities of any new organisation, its structure and how it is to be integrated into the wider UN system. Important questions to consider are: Who will staff the new organisation? Who will appoint new staff and on what criteria will they be selected? What aims and principles should guide the work of the new organisation? What will the new organisation do to achieve its aims and principles? Which organisation will take the lead if there are areas of overlapping responsibility? Where will the new organisation be based? How will the new organisation be funded? Will a new fund be needed or can the existing UN budget afford the additional costs?
  • 27. These clauses from a General Assembly resolution found the post of the High Commissioner for Human Rights. Notice how they address each of the questions listed above. 1. Decides to create the post of the High Commissioner for Human Rights; 2. Decides that the High Commissioner for Human Rights shall: a) Be a person of high moral standing and personal integrity and shall possess expertise, including in the field of human rights, and the general knowledge and understanding of diverse cultures necessary for impartial, objective, non-selective and effective performance of the duties of the High Commissioner; b) Be appointed by the Secretary-General of the United Nations and approved by the General Assembly, with due regard to geographical rotation, and have a fixed term of four years with a possibility of one renewal for another fixed term of four years; c) Be of the rank of Under-Secretary-General; 3. Decides that the High Commissioner for Human Rights shall: a) Function within the framework of the Charter of the United Nations, the Universal Declaration of Human Rights, other international instruments of human rights and international law, including the obligations, within this framework, to respect the sovereignty, territorial integrity and domestic jurisdiction of States and to promote the universal respect for and observance of all human rights, in the recognition that, in the framework of the purposes and principles of the Charter, the promotion and protection of all human rights is a legitimate concern of the international community; b) Be guided by the recognition that all human rights - civil, cultural, economic, political and social - are universal, indivisible, interdependent and interrelated and that, while the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms; c) Recognize the importance of promoting a balanced and sustainable development for all people and of ensuring realization of the right to development, as established in the Declaration on the Right to Development; 4. Decides that the High Commissioner for Human Rights shall be the United Nations official with principal responsibility for United Nations human rights activities under the direction and authority of the Secretary-General; within the framework of the overall competence, authority and decisions of the General Assembly, the Economic and Social Council and the Commission on Human Rights, the High Commissioner' responsibilities shall be: s a) To promote and protect the effective enjoyment by all of all civil, cultural, economic, political and social rights; b) To carry out the tasks assigned to him/her by the competent bodies of the United Nations system in the field of human rights and to make recommendations to them with a view to improving the promotion and protection of all human rights; c) To promote and protect the realization of the right to development and to enhance support from relevant bodies of the United Nations system for this purpose; d) To provide, through the Centre for Human Rights of the Secretariat and other appropriate institutions, advisory services and technical and financial assistance, at the request of the State concerned and, where appropriate, the regional human rights organizations, with a view to supporting actions and programmes in the field of human rights; e) To coordinate relevant United Nations education and public information programmes in the field of human rights; f) To play an active role in removing the current obstacles and in meeting the challenges to the full realization of all human rights and in preventing the continuation of human rights violations throughout the world, as reflected in the Vienna Declaration and Programme of Action; g) To engage in a dialogue with all Governments in the implementation of his/her mandate with a view to securing respect for all human rights; h) To enhance international cooperation for the promotion and protection of all human rights;
  • 28. i) To coordinate the human rights promotion and protection activities throughout the United Nations system; j) To rationalize, adapt, strengthen and streamline the United Nations machinery in the field of human rights with a view to improving its efficiency and effectiveness; k) To carry out overall supervision of the Centre for Human Rights; 5. Requests the High Commissioner for Human Rights to report annually on his/her activities, in accordance with his/her mandate, to the Commission on Human Rights and, through the Economic and Social Council, to the General Assembly; 6. Decides that the Office of the High Commissioner for Human Rights shall be located at Geneva and shall have a liaison office in New York; 7. Requests the Secretary-General to provide appropriate staff and resources, within the existing and future regular budgets of the United Nations, to enable the High Commissioner to fulfil his/her mandate, without diverting resources from the development programmes and activities of the United Nations; 9 ! " '+ 0 "! # %" ! $ #() B > @ These clauses create the role of UN Special Representative on Human Rights Defenders. Notice that it requires the new Special Representative to report to the General Assembly and Commission on Human Rights on their activities. 3. Requests the Secretary-General to appoint, for a period of three years, a special representative who shall report on the situation of human rights defenders in all parts of the world and on possible means to enhance their protection in full compliance with the Declaration; the main activities of the special representative shall be: a) To seek, receive, examine and respond to information on the situation and the rights of anyone, acting individually or in association with others, to promote and protect human rights and fundamental freedoms; b) To establish cooperation and conduct dialogue with Governments and other interested actors on the promotion and effective implementation of the Declaration; c) To recommend effective strategies better to protect human rights defenders and follow up on these recommendations; 4. Urges all Governments to cooperate with and assist the Special Representative of the Secretary-General in the performance of his or her tasks and to furnish all information in the fulfilment of his or her mandate upon request; 5. Requests the Secretary-General to provide the Special Representative with all necessary assistance, in particular the staff and resources deemed necessary to fulfil his or her mandate; 6. Requests the Special Representative to submit annual reports on his/her activities to the Commission and to the General Assembly and to make any suggestions and recommendations enabling him or her better to carry out his or her tasks and activities; #''" # # " )' 0 -" "! # (0 # ( ) B
  • 29. . ) " !- or many delegates, especially those attending large international conferences, an email from the conference organisers giving Member State allocations will result in a scramble for an Atlas or the Internet in ignorance that the State or NGO even existed. There is a temptation to feel dispirited if you are not representing a powerful country. However, it really does not matter what Member State you represent – a delegate’s level of preparation and ability to form personal relationships with other delegates often counts for more than the diplomatic prestige that the name of their Member State is supposed to represent. The ‘floating votes’ of those States undecided on an issue are likely to attract for more attention from those wishing to build consensus than countries whose policy is clearly known to be at an extreme. Member States hold equal voting and speaking rights in most committees, so, for a resolution to pass, a country with a particular interest in an issue cannot afford to ignore the vast majority of delegates with no direct interest. Furthermore, representing a Member State that perhaps lacks either the ‘headline grabbing’ power or instability to feature regularly in the media gives the advantage that very few will be able to spot if there is slight deviation from the country’s stated policy. Those representing diplomatic powerhouses have to be far better prepared. ' ! The opportunity to explore the alternative worldview of another country is one of the great attractions of MUN. There are countless sources providing information of relevance to MUN research. However, there are a number of easily accessible Internet-based sources of information that any MUN research project must include. 1. Study Guides. Nearly all conferences produce study guides downloadable from the Internet for each of the topics on their agenda. They provide an excellent introduction to the issues and the major areas of contention. Most study guides also give policy positions according to regional blocs and suggest approaches that a resolution might adopt. 2. CIA World Fact Book. The World Fact Book is maintained by the US Central Intelligence Agency and contains factual summaries on every country in the world, listing details of population, government, economy, language, religion and so on (access it on the web at http://www.cia.gov/cia/publications/factbook/). Check facts like land area, population and GDP against a State you are familiar with such as the UK to provide a comparison. 3. BBC News. The BBC News web site (www.bbc.co.uk/news/) maintains a search function which can be checked for stories relating to your Member State or topic area. 4. Homepages of the Permanent Missions to the UN. Most missions to the UN have their own web sites containing policy statements and the text of speeches to UN bodies made by diplomats (go to http://www.un.int/index-en/webs.html for lists). They normally provide excellent summaries of that State’s policy towards most items on the UN’s agenda. Similar speeches and statements can also be found on the web sites of many national foreign affairs ministries. 5. United Nations Bibliographic Information System (UNBIS). The text of speeches made to the UN can also be accessed through the database on the UNBIS web site (http://www.un.org/Depts/dhl/unbisnet/index.html). Other important tools on the
  • 30. UNBIS site are searchable databases of Member States’ voting records and resolution sponsorship. 6. UN Document Centre. Provides access to all UN resolutions since 1946 (http://www.un.org/Depts/dhl/index.html). ) " ! Addressing a large MUN committee of up to 1,000 people can be a challenging experience, especially for those with little experience of university-level MUN or public speaking. Here are some suggestions to help develop basic public speaking skills. Preparation: Know the key facts of the topics under discussion and properly research the Member State’s policy. Delegates who understand the topic often make better contributions to debate than those who are experienced at public speaking but do not understand the facts. It is sometimes a good idea to write a policy paper or resolution, even if not required for a particular conference to help focus on the key ideas. It also gives the chance to articulate ideas that can be used as ' sound bites'during speeches. There are many have different ways of preparing to speak in public. Some prefer to write out a speech in full, others write key facts onto note cards or commit ideas to memory. Each style has its own advantages and disadvantages and each will be suited to different people. An important part of preparation is also to make sure you read and understand the Rules of Procedure. Practice: Confidence when speaking in public only comes with practice and experience. Most MUN societies at universities will organise full practice routines in the weeks leading up to each conference, drafting and discussing resolutions on topics on the conference’s agenda. Practising in front of a relatively informal audience in weekly training sessions provides an excellent chance to develop basic public speaking skills. Presentation: It may seem a simple point, but many people present poorly when public speaking due to nervous mannerisms. Remember to speak loudly and clearly to the committee. Try not to move around too much when speaking. Sometimes it is helpful to ask a friend to watch delivery and criticise the presentation. It can also be helpful to record yourself speaking using a video camera and reviewing it to spot any poor areas of presentation. Practice will also help you to correct problems in presentation. Participation: Being a delegate is not all about giving extended speeches to the full committee. There is plenty of time for discussing the topic in an informal way. Some delegates will prefer to ask short points of information rather than deliver longer speeches, others may prefer to draft resolutions, policy statements or amendments. Participate at the level that you feel comfortable with, but make sure you challenge yourself. Positive thinking! Public speaking is all about confidence. Also remember that MUN is designed to be an unashamedly fun experience. Enjoy it!