In chapter 1 we examined the claim by John Bolton that treaties were simply “political obligations” rather than law in their international operation. Bolton advanced this claim in an op-ed piece with the title “US Isn't Obligated to Pay the UN”. In sharp contrast to Bolton's contention that the United States is under no legal obligation to pay its UN dues, José Alvarez has pointed out “the conclusions of various former Legal Advisers to the Department of State as well as the vast majority of legal scholars: Article 17 of the UN Charter upholds a fundamental principle of ‘collective financial responsibility’ and imposes a legal obligation on members to pay the amount assessed by the General Assembly.”

Indeed, at least on paper, the capacity of the UN General Assembly to set and allocate dues among member states is the most far-reaching “legislative” authority the Assembly has. In theory the General Assembly could decide on a budget and allocate the responsibility to pay for it entirely to the United States or to the United States and a few other highly developed states. In realpolitik terms, of course, there is no possibility of the Assembly taking such an action.

Under Article 17(1) of the UN Charter, the General Assembly is authorized to “consider and approve the budget of the Organization.” This decision of the Assembly is taken by a two-thirds majority of the member states present and voting, since it constitutes a decision on an “important question,” as specified by Article 18(2) of the Charter.