THE ROLE OF THE GENERAL ASSEMBLY IN DETERMINING THE LEGITIMACY OF GOVERNMENTS

In: The international & comparative law quarterly: ICLQ, Band 71, Heft 3, S. 627-656

Abstract

AbstractIn 2021, unconstitutional transfers of power in Myanmar and Afghanistan highlighted that while States may desire a coherent response to questions about the status of governments, and may look for international guidance in such regard, there is no established process for providing such guidance. Thus, attention focuses on the General Assembly's credentials process, designed to assess the eligibility of delegates to represent their States at the UN. This article proposes that rather than the credentials process being stretched in this way, greater use should be made of the Assembly's competence to pass determinative resolutions on government legitimacy.