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16 - Consensus

Published online by Cambridge University Press:  22 July 2009

Robbie Sabel
Affiliation:
Hebrew University of Jerusalem and Tel-Aviv University
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Summary

Defining consensus

The UNGA rules of procedure do not refer to consensus. The UN Model Rules propose:

Rule 51

Consensus

1. The Conference shall make every effort to ensure that its decisions on all matters of substance are taken by consensus or general agreement, or otherwise without a vote.

2. Notwithstanding any measures that may be taken in compliance with paragraph 1, a proposal or motion before the Conference shall be voted on if a representative so requests.

Decision making by consensus is a fairly recent innovation in the procedure of international conferences and there is, as yet, no clear agreement as to its significance.

Skubiszewski refers to three meanings of consensus:

  1. Means of adopting a resolution.

  2. A kind of agreement, often loosely formulated, which concludes the deliberations, usually conducted in an organ or by a conference.

  3. Consensus is said to perform the role of a law formative agency other than custom or treaty.

The present analysis centres on the first meaning, namely ‘means of adopting a resolution’.

In order to avoid voting, and thus raising the issue of States that were in arrears, the UNGA, at its Nineteenth Session, adopted a ‘no objection’ system described by Plant as being ‘tantamount to unanimity’. The system was in reality decision making by consensus and the President of the session explicitly referred to the fact that ‘decisions were taken on the basis of a non-voting consensus’.

Type
Chapter
Information
Procedure at International Conferences
A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences
, pp. 335 - 346
Publisher: Cambridge University Press
Print publication year: 2006

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  • Consensus
  • Robbie Sabel
  • Book: Procedure at International Conferences
  • Online publication: 22 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494444.018
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  • Consensus
  • Robbie Sabel
  • Book: Procedure at International Conferences
  • Online publication: 22 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494444.018
Available formats
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Save book to Google Drive

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  • Consensus
  • Robbie Sabel
  • Book: Procedure at International Conferences
  • Online publication: 22 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494444.018
Available formats
×