Procedure at International Conferences: A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences

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ISBN: 9780521545556 | 0521545552
Cover: Paperback
Copyright: 3/27/2006

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This new edition is a comprehensive manual of the rules of procedure for the conduct of business at the UN General Assembly, at international conferences and at assemblies of inter-governmental organisations such as the IAEA, ICAO, ILO, IMO and WHO. It examines the legal basis of these rules, the history of their development and the attempts at their codification. At the heart of the book is an examination of the practical applications of rules of procedure. Sabel also considers whether certain procedural rules and applications have become so well established that they have now attained the status of customary international law. The book is of interest to those involved in international law, international relations and international organisations. It also serves as a practical manual for delegates to the UN General Assembly and to international conferences.

Preface to the second edition

xxi

List of abbreviations and conference references

xxii

Introduction

(6)

Historical development of rules of procedure of conferences and attempts to establish model rules

(12)

Development of conference rules of procedure

(5)

Proposals for drafting model codes of conference rules of procedure

(7)

League of Nations codification

(3)

UN codification

(4)

Adoption of rules of procedure

(12)

The adoption of conference rules of procedure

(1)

The independence of an international conference

(3)

Independent right of conferences to adopt their own rules of procedure

(4)

The majority required to approve rules of procedure

(5)

Rules of procedure and international law

(20)

The obligation of States attending a conference to comply with the rules of procedure of that conference

(11)

Obligation of States to comply with the rules of procedure of an assembly of an international organisation

(1)

Obligation of States at an international conference to comply with the rules of procedure adopted at the conference

(10)

Are procedural precedents binding?

(6)

Disclaimers as to setting a precedent

(3)

Invitations, participation and credentials

(17)

Invitation and participation

(7)

Who issues the invitations?

(1)

Participation of States

(2)

Participation of non-State entities

(5)

Credentials

(10)

Submission of credentials

(1)

Invalid credentials

(4)

Credentials committee

(1)

Which body should decide disputes as to credentials?

(1)

Provisional admission

(1)

Credentials of observer organisations

(1)

Presiding officer and other officers of the conference

(28)

Presiding officer

(25)

Appointment of presiding officer

(4)

The obligation of impartiality of the presiding officer

(1)

Functions of the presiding officer

(20)

Right of presiding officer to change his decisions

(1)

Rapporteur

(1)

Secretariat

(1)

Vice-presidents of a conference or assembly

(1)

Meetings

(14)

Quorum

(7)

Quorum for a motion to adjourn a meeting

101

(1)

Is it sufficient that there be a quorum at the opening of a meeting?

101

(1)

Calculating a quorum

101

(1)

Voting again in the absence of a quorum

102

(1)

Suspension or adjournment of meetings

103

(2)

Suspension or adjournment of a meeting `during the discussion of any matter'

104

(1)

Time limit for speaker moving suspension or adjournment

104

(1)

Adjournment of a meeting

105

(2)

When can a motion for adjournment be proposed?

105

(1)

Adjournment of a meeting to a particular date

105

(1)

Adjournment of a meeting `during the discussion of any matter'

106

(1)

Interrupting a speaker to move adjournment of a meeting

106

(1)

A representative who had requested the floor prior to the motion for adjournment of the meeting

107

(1)

Suspension of a meeting

107

(2)

Suspension or adjournment of a meeting during voting

108

(1)

Closed meetings

109

(1)

Statements by delegations

110

(35)

The right of representatives to speak

110

(10)

Limiting the number of times a representative may speak

111

(2)

Length of statements

113

(1)

Limiting the number of speakers

114

(1)

Statements by observers

115

(1)

List of speakers

115

(2)

Closing the list of speakers

117

(3)

Right of reply

120

(12)

Discretion of president to grant right of reply

121

(2)

Right of reply and closure of debate

123

(1)

At what stage of a debate can the right of reply be exercised?

123

(2)

Right of reply by observers

125

(1)

Right of reply to statements made by heads of State and non-delegates

126

(1)

Relevance of right of reply

127

(1)

Time limit on right of reply

127

(1)

Under what circumstances does a right of reply arise?

128

(2)

Limit on number of interventions in exercise of right of reply

130

(1)

Right of reply to explanation of vote

131

(1)

Right of reply to a statement made in right of reply

131

(1)

Closure of debate on right of reply

131

(1)

Explanation of vote

132

(9)

Discretion of president to allow explanation of vote

133

(1)

Explanation of vote on procedural motions

134

(1)

Explanation of vote on motions to adjourn the debate or close the debate

134

(1)

Explanation of vote on motions to adjourn or suspend a meeting

135

(1)

Length of explanations of vote

135

(1)

Explanation of vote by proposer

136

(1)

Discretion of conference or assembly to allow proposer to explain a vote

137

(1)

Explanation of vote by proposer voting against the resolution or withdrawing sponsorship

138

(1)

Explanation of vote on a resolution proposed by a committee

138

(1)

Explanation of vote by co-sponsor

138

(1)

Explanation of vote on a consensus

139

(1)

Explanation of vote on a secret ballot

139

(1)

Explanation of vote on non-participation in voting

139

(1)

Explanation of vote should not include comments on other delegations

140

(1)

Explanation of vote on voting taken paragraph by paragraph

140

(1)

Explanation of vote by a representative of an inter-governmental organisation

140

(1)

When to explain a vote?

140

(1)

Explanation of vote after the list of speakers has been closed

141

(1)

Offensive or irrelevant statements

141

(2)

Clarity of speech

143

(1)

Personal attacks

143

(1)

Speaking to substance on procedural motions

143

(2)

Submission of proposals

145

(32)

The difference between proposals and motions

145

(1)

Order of discussion of proposals

146

(1)

Sponsors

146

(4)

Limitation on number of sponsors

146

(1)

Agreement to join list of sponsors

147

(1)

Withdrawal of sponsorship

148

(1)

Seconding of motions

149

(1)

Notice of proposals

150

(14)

Notice of submission of written proposals

150

(1)

Notice of procedural motions

151

(2)

Notice of substantive proposals

153

(1)

Discretion of presiding officer to allow discussion of amendments submitted without due notice

154

(1)

Discretion of presiding officer to allow voting on amendments submitted without due notice

154

(1)

Substantive proposals submitted without due notice

155

(1)

Practice in international conferences regarding discussion and voting on substantive proposals and amendments submitted without due notice

156

(5)

Practice in UN bodies regarding dispensing with the need for due notice of submission of substantive amendments

161

(2)

Summary as to requirement that motions be in writing and due notice be given of their submission

163

(1)

Procedural motions to enforce the rule on due notice

164

(1)

Time limits for submission of amendments and proposals

164

(1)

Time limit for submission of sub-amendments

165

(1)

Revision of proposals by the sponsors

165

(1)

Submission of proposals by the secretariat?

166

(1)

Submission of proposals by observers

166

(2)

Decisions on competence of a conference to deal with an issue

168

(7)

Can legal counsel give an opinion on competence?

170

(1)

Voting procedure on a question of competence

171

(1)

A vote on competence regarding part of a proposal

171

(1)

Priority as between a motion on competence and a motion for inclusion in the agenda

172

(1)

Debating a motion on competence in the UN General Assembly

172

(1)

Competence of conferences to discuss an issue as opposed to competence to vote on an issue

173

(2)

Basic texts

175

(2)

Adjournment and closure of debate

177

(24)

Adjournment of debate

177

(11)

Effect of adjourning the debate

177

(2)

A motion not to take a vote on a proposal as a motion for adjournment of debate

179

(1)

Difference between a motion not to vote and a motion to adjourn the debate

180

(1)

A motion to `refrain from making a decision' as a motion for adjournment of debate

180

(1)

A motion for `postponement of consideration' as a motion for adjournment of debate

180

(1)

Is a motion for postponement synonymous with a motion for adjournment of debate?

181

(1)

A motion to adjourn a vote as a motion for adjournment of debate

182

(1)

A motion for referral as a motion for adjournment of debate

182

(1)

A motion to adjourn the debate after the debate is completed and before voting

182

(1)

A motion to adjourn the debate on a resolution until completion of discussion on another resolution

183

(1)

A motion to adjourn the debate on a procedural motion

183

(1)

A single motion to adjourn the debate on two separate resolutions

184

(1)

What is `an item under discussion' for purposes of adjournment of debate?

184

(1)

Adjournment of debate on specific proposals or amendments

185

(2)

Limits on number of speakers on a motion to adjourn the debate

187

(1)

Closure of debate

188

(13)

Closure of debate and protection of minority

189

(1)

Motion for immediate vote as motion for closure

190

(1)

What is an item under discussion for purposes of closure of debate?

191

(1)

Process of voting on a motion for closure

191

(1)

Voting on proposals after adoption of a motion for closure

191

(1)

Right of reply after closure of debate

192

(1)

Explanation of vote after closure of debate

193

(1)

Right to complete a statement after closure of debate

194

(1)

Speakers who had requested the floor before the closure of debate

195

(1)

Right of proposer, after closure of debate, to introduce a previously submitted proposal

196

(1)

Right of proposer to reply to questions after closure of debate

197

(1)

Right to propose procedural motions after closure of debate

197

(1)

Submission of amendments after closure of debate

198

(1)

Submission of sub-amendments after closure of debate

199

(1)

Closure of debate and revision of amendments

199

(1)

Closure of debate before its commencement

200

(1)

Closure of debate on points of order

200

(1)

Amendments

201

(19)

Distinguishing between separate proposals and amendments

201

(12)

Definition by the Legal Counsel of the UN as to the difference between amendments and separate proposals

203

(1)

Practice regarding distinguishing between amendments and separate proposals

203

(4)

Can an amendment call for the removal of the substance of a proposal?

207

(1)

Can an amendment call for deferment of discussion?

208

(1)

Can an amendment call for taking no decision on a committee report?

209

(1)

Can an amendment call for referring an issue to a different committee?

209

(1)

Can an amendment call for deleting some existing paragraphs, revising others and adding a new paragraph?

210

(1)

Can a separate proposal be transformed into an amendment?

211

(1)

How are decisions made whether a proposal is an amendment to another proposal?

211

(1)

Adoption of an amendment by the proposer

212

(1)

Presenting an amendment before presenting the resolution itself

212

(1)

A series of amendments as a package

212

(1)

An inadvertent oral amendment

213

(1)

Amendments to procedural motions

213

(1)

Revising amendments by proposer

214

(1)

Voting on an amended proposal

215

(1)

Prohibition of amendments

215

(1)

Sub-amendments

216

(4)

Adoption of a sub-amendment and subsequent rejection of the amendment itself

218

(1)

Adoption of a sub-amendment implying rejection of another sub-amendment that had been accepted by the sponsors of the original amendment

219

(1)

Withdrawal and reconsideration of motions

220

(25)

Withdrawal of motions

220

(5)

Withdrawal of a motion adopted by a committee

220

(1)

Withdrawal of part of a motion

221

(1)

Resubmitting a proposal previously withdrawn

221

(1)

Time limits for withdrawal

222

(1)

Agreement by all sponsors for withdrawal

222

(1)

Meaning of the qualification that the motion `has not been amended'

222

(2)

A motion not to vote on a proposal as an alternative to withdrawal

224

(1)

Reconsideration of proposals

225

(14)

Majority required for reconsideration

225

(1)

Reconsideration in committees

226

(3)

Reconsideration in regard to proposals in different committees

229

(1)

Reconsideration in plenary of decisions of committees

229

(1)

Is it a reconsideration when there is a request for a separate vote on part of a text on which there had been a previous request for a separate vote?

229

(1)

Is it reconsideration to request a separate vote on a text when an amendment for deletion of the text has been defeated?

230

(1)

Is a request to vote again, due to misunderstandings during the vote, a request for reconsideration?

231

(2)

Is voting again due to discrepancy in language versions to be considered a reconsideration?

233

(1)

Is a motion to vote on an amendment inadvertently not voted on to be considered a motion to reconsider?

233

(1)

Recounting the vote as reconsideration

234

(1)

Is a motion not to discuss an item inscribed on the agenda a motion for reconsideration?

234

(1)

Where a decision has been taken not to inscribe an item on the agenda, is a draft resolution on that item a motion for reconsideration?

234

(1)

Is a motion to change the order of items in an agenda a reconsideration of the adoption of the agenda?

235

(1)

Is a motion for adjournment of debate a motion for reconsideration of the decision to hold the debate?

235

(1)

Reconsideration of invitations to multi-session conferences

236

(1)

Can a conference decide to reserve the right to reconsider an item in the future?

237

(1)

Where there has been a vote on a proposal, is it reconsideration to then convene a discussion group?

238

(1)

Relocation of part of a paragraph as reconsideration

238

(1)

An interpretive vote as reconsideration

238

(1)

After a motion not to vote on a resolution has been defeated, is it reconsideration to move that the conference is not competent to discuss the issue?

239

(1)

Reconsideration of amendments

239

(3)

Where an amended basic text is defeated, is it reconsideration to revert to the original basic text?

241

(1)

Reconsideration of procedural decisions

242

(3)

Does the rule on reconsideration apply to motions for adjournment or suspension?

243

(1)

Does the rule on reconsideration apply to motions to suspend the rules of procedure?

244

(1)

Procedural motions and points of order

245

(18)

Procedural motions

245

(2)

Definition of a procedural motion

245

(1)

Examples of decisions as to what is a procedural motion

246

(1)

Points of order

247

(3)

Distinction between a point of order and a procedural motion

249

(1)

Categories of points of order

250

(3)

A point of order requesting a decision by the presiding officer

250

(1)

A point of order raised in order to submit a procedural motion

251

(1)

A point of order requiring neither a vote nor a presidential decision

252

(1)

A point of order on a matter of clarification

253

(1)

A point of order on technical arrangements

253

(1)

Decisions by presiding officers on points of order

253

(1)

Discretion of presiding officer to allow a delegation to raise a point of order

254

(1)

Can a conference or assembly decide a point of order?

254

(3)

Raising a point of order while a representative is speaking on an earlier point of order

257

(1)

Limiting the duration of statements on points of order

258

(1)

Limiting the number of points of order

258

(1)

Challenging a decision of a presiding officer

258

(3)

The process of voting on a challenge to a decision by a presiding officer

259

(1)

Can a challenge to a ruling be debated?

260

(1)

Can there be separate votes on parts of a challenge to a ruling by the presiding officer?

261

(1)

Speaking to the substance during a statement on a point of order

261

(2)

Priorities between different proposals

263

(22)

Order of voting on proposals

263

(7)

When is a proposal considered to have been submitted?

267

(1)

Decision not to vote on subsequent proposals

267

(1)

How is a decision made about whether to vote on a subsequent proposal?

268

(1)

Is a decision granting priority to a proposal affected by a subsequent revision of the proposal?

269

(1)

Do subsequent revisions of proposals affect the rule as to voting on proposals in the order in which they were submitted?

269

(1)

Order of priority of reintroduced proposals

269

(1)

Priority of procedural motions over substantive motions

270

(1)

Does a motion not to take a vote on a proposal have priority over the substantive proposal?

270

(1)

Priority between procedural motions

271

(4)

Priority of motion for suspension of meeting

272

(1)

Priority of motion for adjournment of meeting

272

(1)

Priority of motion for adjournment of debate

273

(1)

Priority of a motion for adjournment of debate coupled with a substantive motion

274

(1)

Priority as between different motions for adjournment of debate

274

(1)

Order of priority between different procedural motions not entitled to special priority under the rules of procedure

274

(1)

Order of priority between different motions to grant priority

275

(1)

Voting on amendments prior to voting on the proposal itself

275

(3)

Voting on the main proposal when the voting on an amendment is tied

278

(1)

Priority between amendments

278

(5)

Decisions as to which amendment is `furthest removed in substance from the original proposal'

282

(1)

Can a conference decide not to vote on an amendment?

283

(1)

Order of voting on sub-amendments

283

(2)

Voting first on the sub-amendment furthest removed from the amendment

284

(1)

Decision taking and method of voting

285

(27)

Determining the issue to be voted on

285

(1)

Reading out proposals or amendments prior to the vote

285

(1)

Declarations as part of a decision?

285

(1)

Method of voting

286

(8)

Voting by the European Commission

287

(1)

Voting by show of hands

287

(1)

The right to call for a recorded vote

287

(3)

Disclosing who requested a recorded vote

290

(1)

A recorded indicative vote?

291

(1)

When can a recorded vote be requested?

291

(1)

Recording delegations present and not voting

291

(1)

Recording abstentions

292

(1)

Order of voting in a roll-call vote

293

(1)

Voting by mechanical or electronic means

294

(1)

Secret ballot

294

(4)

Representatives absent when their names are called in a secret ballot

298

(1)

Voting by proxy

298

(1)

Decision taking without voting

298

(1)

Voting on principles

299

(4)

What is the effect of having a vote on principle?

301

(1)

Decision making as to whether to hold a vote on principle

302

(1)

Indicative vote

303

(3)

Indicative vote by roll call

306

(1)

Voting on preferences

306

(3)

Voting in elections

309

(1)

Request not to vote

310

(1)

Invalid vote

311

(1)

Majority required

312

(23)

Unanimity

312

(5)

Unanimity and consensus

315

(1)

Unanimity in the UN

316

(1)

Do abstentions negate unanimity?

316

(1)

Majority voting

317

(1)

Simple majority

318

(2)

Two-thirds majority

320

(4)

Majority required for amendments to proposals requiring a two-thirds majority

323

(1)

`Representatives present and voting'

324

(2)

Calculating fractions of votes

326

(1)

Absolute majority of all States represented

327

(2)

Two-thirds majority of all States represented

329

(1)

Weighted majority

330

(2)

Equally divided votes

332

(1)

A situation where two alternative proposals each receive equally divided votes

333

(2)

Consensus

335

(12)

Defining consensus

335

(3)

Taking decisions by `general agreement' or `without a vote'

338

(1)

Background to the increased use of consensus

338

(2)

Consensus at the Third Law of the Sea Conference

340

(3)

Use of the word `consensus' in the rules of procedure of the UN General Assembly

343

(1)

Consensus without possibility of voting

344

(1)

Consensus with possibility of voting

344

(1)

Reservations to a consensus

345

(2)

Separate votes

347

(23)

Separate votes on parts of proposals and amendments

347

(1)

Consequence of holding a separate vote

348

(1)

The right of a delegation to have a separate vote on parts of a proposal

348

(3)

The IMO formula for authorising requests for separate votes

351

(1)

Does a delegation requesting a separate vote need to submit a motion?

352

(1)

Voting on request for a separate vote

352

(1)

Form of voting on the separate vote

353

(1)

Number of speakers on a motion for a separate vote on part of a proposal

353

(1)

Right to object to a motion for a separate vote on part of a proposal

354

(2)

Can a motion be submitted for a separate vote on a particular sub-paragraph after defeat of a previous motion for a separate vote on every sub-paragraph?

356

(1)

What are `parts of a proposal' for purposes of a separate vote?

356

(1)

A motion for a separate vote on a paragraph after such a motion had been defeated regarding other paragraphs of the resolution

357

(1)

A motion for a separate vote on a phrase after the failure of a motion for deletion of the phrase

357

(2)

Status of preambular parts of an amendment when operative parts have been rejected

359

(1)

Can a motion for a separate vote be amended?

360

(1)

Voting on the proposal as a whole following a separate vote

360

(4)

Voting on parts of a resolution rejected in a separate vote

364

(1)

A motion to vote on the text as a whole, paragraph by paragraph, after each paragraph had been earlier voted on separately

364

(1)

Voting on the remainder of a proposal after voting on separate paragraphs

364

(1)

Priority as between voting on amendments and voting on a separate part of a proposal

365

(1)

Combining the vote on several proposals

366

(1)

Separate votes on two amendments submitted together

367

(1)

Does a decision to have separate discussions on parts of a proposal also imply holding separate votes?

368

(1)

A separate vote on parts of a procedural motion

368

(2)

Conduct of voting -- interruption of voting and correction of vote

370

(25)

Interruption of voting

370

(1)

Interruption when voting on individual proposals

370

(1)

When does voting commence?

371

(5)

When does voting commence during a connected series of voting?

374

(1)

When does voting commence in elections?

374

(1)

When does voting commence in a vote paragraph by paragraph?

375

(1)

When does voting end?

375

(1)

Interruption of voting

376

(12)

Is an adjournment of a meeting an interruption of the voting procedure?

376

(1)

Is a suspension of a meeting an interruption of the voting procedure?

377

(1)

Interruption of voting between votes on a series of amendments

378

(1)

Interruption of voting for points of order

379

(1)

Interruption of voting for proposal not to vote

380

(1)

Interruption of voting for proposal to defer the vote

381

(1)

Interruption of voting to make comments

381

(1)

Interruption of voting with a request for explanation

382

(1)

Interruption of voting due to discrepancy in language versions

382

(1)

Interruption of voting in order to submit an amendment

382

(1)

Interruption of voting to submit an oral amendment

383

(1)

Interruption of voting to submit an amendment where the right to do so had been previously reserved

384

(1)

Interruption of voting to submit sub-amendments

384

(1)

Interruption of voting to ascertain what majority is required

385

(1)

Interruption of voting to withdraw sponsorship of a resolution

385

(1)

Interruption of voting to allow explanation of vote on a separate paragraph

385

(1)

Interruption of voting to revise a proposal

386

(1)

Interruption of voting to request reconsideration

387

(1)

Interruption of voting for withdrawal of candidatures

387

(1)

Correction of vote

388

(7)

The report of the UN Secretary-General on correction of vote

388

(1)

Practice as to correction of votes before announcement of results

389

(1)

Correction of votes after announcement of results

390

(3)

Correction of votes in a roll-call vote

393

(1)

Correction of votes -- indication in the records

393

(2)

Languages, records and documents

395

(13)

Languages of the conference

395

(3)

Official languages

395

(2)

Working languages

397

(1)

Voting on one language version of a text

397

(1)

Authentic language

397

(1)

Voting again because of a discrepancy between different language versions

398

(1)

Records and documents of the conference

398

(10)

Documentation

398

(1)

Distribution of documentation submitted by observers

399

(1)

Summary and verbatim records

400

(2)

Adding written statements to the record

402

(1)

Correcting the record

403

(1)

Adding to the record

403

(1)

Deleting from the records

404

(3)

Final Act

407

(1)

Committees

408

(19)

Committees

408

(1)

Procedure of committees

408

(1)

Relations between committees and plenary

408

(1)

The different committees

409

(18)

General committee

409

(2)

Main committees

411

(1)

Drafting committee

412

(15)

Suspension and amendment of rules of procedure

427

(10)

Suspension of rules of procedure

427

(7)

Practice in international conferences as to suspension

428

(2)

Practice in the UN General Assembly as to suspension

430

(2)

Practice in international organisations as to suspension

432

(2)

Amendment of rules of procedure

434

(3)

Majority required for amending rules of procedure

435

(2)

Bibliography

437

(9)

Index

446

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Procedure at International Conferences: A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences

Summary

Table of Contents

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Procedure at International Conferences: A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences

Summary

Table of Contents

Supplemental Materials

Digital License