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10 - Amendments

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

Distinguishing between separate proposals and amendments

In view of the practical importance of the difference between separate proposals and amendments in determining the order of voting, at times lengthy procedural debates develop on the question whether a suggested action is a proposal or an amendment.

The rules of procedure of the UNGA define an amendment as follows:

Rule 90

Voting on amendments

A motion is considered an amendment to a proposal if it merely adds to, deletes from or revises part of the proposal.

The UN Model Rules propose the following definition of an amendment:

Rule 58

Amendments

1. A proposal is considered an amendment to another proposal if it merely adds to, deletes from or revises part of that proposal. Unless specified otherwise, the word ‘proposal’ in these rules shall be considered as including amendments.

A similar phrase appears in the rules of procedure of all the conferences examined.

The rules of procedure of the Assembly of the ICAO state, regarding this issue:

Rule 50

The presiding officer shall determine whether a proposed amendment is so related to the motion as to constitute a proper amendment thereto, or whether it must be considered as an alternative or substitute motion.

Hovey, writing in 1950, stated that:

An amendment, however, which is too far removed in substance from the original, cannot properly be treated as an amendment at all. There is ample precedent for the view that a proposal – whether or not submitted as an amendment – will be treated as a separate proposition if it would either radically alter the original or eliminate for that session the possibility of voting on the original.

Type
Chapter
Information
Procedure at International Conferences
A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences
, pp. 201 - 219
Publisher: Cambridge University Press
Print publication year: 2006

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  • Amendments
  • Robbie Sabel
  • Book: Procedure at International Conferences
  • Online publication: 22 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494444.012
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  • Amendments
  • Robbie Sabel
  • Book: Procedure at International Conferences
  • Online publication: 22 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494444.012
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Amendments
  • Robbie Sabel
  • Book: Procedure at International Conferences
  • Online publication: 22 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494444.012
Available formats
×