Chapter
2
Adoption of rules of procedure
2.1 The adoption of conference rules of procedure
2.2 The independence of an international conference
2.3 Independent right of conferences to adopt their own rules
of procedure
2.4 The majority required to approve rules of procedure
3
Rules of procedure and international law
3.1 The obligation of States attending a conference to comply
with the rules of procedure of that conference
3.1.1 Obligation of States to comply with the rules of procedure of an
assembly of an international organisation
3.1.2 Obligation of States at an international conference to comply
with the rules of procedure adopted at the conference
3.1.2.1 Do rules of procedure at a conference constitute a
multilateral treaty?
3.1.2.2 Can voting for a resolution be considered as a legal
commitment to comply with the resolution?
3.1.2.3 Does tacit consent constitute the basis of the obligation to
comply with rules of procedure?
3.1.2.4 Are general principles of law the source of authority for the
obligation of States to comply with rules of procedure?
3.1.2.5 Customary international law as the source of authority for
the obligation of States to comply with rules of procedure
3.2 Are procedural precedents binding?
3.3 Disclaimers as to setting a precedent
4
Invitations, participation and credentials
4.1 Invitation and participation
4.1.1 Who issues the invitations?
4.1.2 Participation of States
4.1.3 Participation of non-State entities
4.1.3.1 Participation of ‘Palestine’
4.1.3.2 Participation of the European Commission
4.1.3.3 Participation by NGOs
4.2.1 Submission of credentials
4.2.2 Invalid credentials
4.2.2.1 Credentials not signed by the correct person
4.2.2.2 Credentials not signed in the capital?
4.2.2.3 Competing credentials
4.2.2.4 Invalidating credentials on political grounds
4.2.3 Credentials committee
4.2.3.1 Physical examination of credentials by
credentials committee
4.2.3.2 Report of credentials committee
4.2.4 Which body should decide disputes as to credentials?
4.2.5 Provisional admission
4.2.6 Credentials of observer organisations
5
Presiding officer and other officers of the conference
5.1.1 Appointment of presiding officer
5.1.2 The obligation of impartiality of the presiding officer
5.1.3 Functions of the presiding officer
5.1.3.1 Ensuring observance of the rules of procedure
5.1.3.2 Ruling on points of order
5.1.3.3 Announcing the results of a vote
5.1.3.4 Deciding whether a proposal is an amendment
to another proposal
5.1.3.5 Determining whether a matter is one of substance
or of procedure
5.1.3.6 Deciding if an amendment necessarily implies the rejection
of another amendment
5.1.3.7 Determining what are the operative parts of a resolution
5.1.3.8 Deciding on compatibility of different proposals
5.1.3.9 Deciding if a motion entails reconsideration of a
previous decision
5.1.3.10 Determining which amendment is furthest removed from
the original proposal
5.1.3.11 Deciding the order of voting on proposals
5.1.3.12 Determining if a proposal is ultra vires
5.1.3.13 Deciding if a question is important
5.1.3.14 Approving a request for a separate vote
5.1.3.15 Proposing a question of principle
5.1.3.16 Making substantive proposals
5.1.3.17 Proposing closure, suspension or adjournment of a debate
or meeting
5.1.3.18 Authority of presiding officers where speakers make
irrelevant or offensive statements
5.1.3.19 Authority of presiding officers to remove a speaker from
the rostrum
5.1.3.20 Expunging statements from the record
5.1.3.21 Suspending a meeting
5.1.3.22 Setting limitations on the time to be allowed to speakers
5.1.3.22.2 Procedural motions
5.1.3.22.3 Right of reply
5.1.3.23 Proposing limitation on number of interventions
5.1.3.24 Enforcing the rule on not speaking to substance on
procedural motions
5.1.3.25 Setting deadlines for submission of proposals and
amendments
5.1.3.26 Allowing representatives to speak
5.1.3.27 Clearing visitors from the hall
5.1.3.28 Issuing invitations to observers
5.1.3.29 Delegating authority to the President
5.1.3.30 Calling for standing in silence in memory
5.1.4 Right of presiding officer to change his decisions
5.4 Vice-presidents of a conference or assembly
6.1.1 Quorum for a motion to adjourn a meeting
6.1.2 Is it sufficient that there be a quorum at the opening of a meeting?
6.1.3 Calculating a quorum
6.1.4 Voting again in the absence of a quorum
6.2 Suspension or adjournment of meetings
6.2.1 Suspension or adjournment of a meeting ‘during the discussion
of any matter’
6.2.2 Time limit for speaker moving suspension or adjournment
6.3 Adjournment of a meeting
6.3.1 When can a motion for adjournment be proposed?
6.3.2 Adjournment of a meeting to a particular date
6.3.3 Adjournment of a meeting ‘during the discussion of any matter’
6.3.4 Interrupting a speaker to move adjournment of a meeting
6.3.5 A representative who had requested the floor prior to the motion
for adjournment of the meeting
6.4 Suspension of a meeting
6.4.1 Suspension or adjournment of a meeting during voting
7
Statements by delegations
7.1 The right of representatives to speak
7.1.1 Limiting the number of times a representative may speak
7.1.2 Length of statements
7.1.3 Limiting the number of speakers
7.1.4 Statements by observers
7.1.6 Closing the list of speakers
7.1.6.1 Objection to closing the list of speakers
7.1.6.2 Results of closing the list of speakers
7.1.6.3 Who may propose closing the list of speakers?
7.1.6.4 Submitting an amendment after the list of speakers
has been closed
7.2.1 Discretion of president to grant right of reply
7.2.2 Right of reply and closure of debate
7.2.3 At what stage of a debate can the right of reply be exercised?
7.2.4 Right of reply by observers
7.2.5 Right of reply to statements made by heads of State and
non-delegates
7.2.6 Relevance of right of reply
7.2.7 Time limit on right of reply
7.2.8 Under what circumstances does a right of reply arise?
7.2.9 Limit on number of interventions in exercise of right of reply
7.2.10 Right of reply to explanation of vote
7.2.11 Right of reply to a statement made in right of reply
7.2.12 Closure of debate on right of reply
7.3.1 Discretion of president to allow explanation of vote
7.3.2 Explanation of vote on procedural motions
7.3.3 Explanation of vote on motions to adjourn the debate
or close the debate
7.3.4 Explanation of vote on motions to adjourn or suspend
a meeting
7.3.5 Length of explanations of vote
7.3.6 Explanation of vote by proposer
7.3.7 Discretion of conference or assembly to allow proposer to
explain a vote
7.3.8 Explanation of vote by proposer voting against the resolution
or withdrawing sponsorship
7.3.9 Explanation of vote on a resolution proposed by a committee
7.3.10 Explanation of vote by co-sponsor
7.3.11 Explanation of vote on a consensus
7.3.12 Explanation of vote on a secret ballot
7.3.13 Explanation of vote on non-participation in voting
7.3.14 Explanation of vote should not include comments
on other delegations
7.3.15 Explanation of vote on voting taken paragraph by paragraph
7.3.16 Explanation of vote by a representative of an inter-governmental
organisation
7.3.17 When to explain a vote?
7.3.18 Explanation of vote after the list of speakers has been closed
7.4 Offensive or irrelevant statements
7.7 Speaking to substance on procedural motions
8
Submission of proposals
8.1 The difference between proposals and motions
8.2 Order of discussion of proposals
8.3.1 Limitation on number of sponsors
8.3.2 Agreement to join list of sponsors
8.3.3 Withdrawal of sponsorship
8.3.4 Seconding of motions
8.4.1 Notice of submission of written proposals
8.4.2 Notice of procedural motions
8.4.3 Notice of substantive proposals
8.4.4 Discretion of presiding officer to allow discussion of amendments
submitted without due notice
8.4.5 Discretion of presiding officer to allow voting on amendments
submitted without due notice
8.4.6 Substantive proposals submitted without due notice
8.4.7 Practice in international conferences regarding discussion and voting on substantive proposals and amendments submitted without due notice
8.4.8 Practice in UN bodies regarding dispensing with the need for due
notice of submission of substantive amendments
8.4.9 Summary as to requirement that motions be in writing and due
notice be given of their submission
8.4.9.1 UN General Assembly
8.4.10 Procedural motions to enforce the rule on due notice
8.5 Time limits for submission of amendments and proposals
8.6 Time limit for submission of sub-amendments
8.7 Revision of proposals by the sponsors
8.8 Submission of proposals by the secretariat?
8.9 Submission of proposals by observers
8.10 Decisions on competence of a conference to deal
with an issue
8.10.1 Can legal counsel give an opinion on competence?
8.10.2 Voting procedure on a question of competence
8.10.3 A vote on competence regarding part of a proposal
8.10.4 Priority as between a motion on competence and a motion for
inclusion in the agenda
8.10.5 Debating a motion on competence in the UN General Assembly
8.10.6 Competence of conferences to discuss an issue as opposed to
competence to vote on an issue
9
Adjournment and closure of debate
9.1 Adjournment of debate
9.1.1 Effect of adjourning the debate
9.1.2 A motion not to take a vote on a proposal as a motion
for adjournment of debate
9.1.3 Difference between a motion not to vote and a motion to adjourn
the debate
9.1.4 A motion to ‘refrain from making a decision’ as a motion
for adjournment of debate
9.1.5 A motion for ‘postponement of consideration’ as a motion
for adjournment of debate
9.1.6 Is a motion for postponement synonymous with a motion
for adjournment of debate?
9.1.7 A motion to adjourn a vote as a motion for adjournment of debate
9.1.8 A motion for referral as a motion for adjournment of debate
9.1.9 A motion to adjourn the debate after the debate is completed
and before voting
9.1.10 A motion to adjourn the debate on a resolution until completion
of discussion on another resolution
9.1.11 A motion to adjourn the debate on a procedural motion
9.1.12 A single motion to adjourn the debate on two
separate resolutions
9.1.13 What is ‘an item under discussion’ for purposes
of adjournment of debate?
9.1.14 Adjournment of debate on specific proposals or amendments
9.1.15 Limits on number of speakers on a motion to adjourn the debate
9.2.1 Closure of debate and protection of minority
9.2.2 Motion for immediate vote as motion for closure
9.2.3 What is an item under discussion for purposes of closure of debate?
9.2.4 Process of voting on a motion for closure
9.2.5 Voting on proposals after adoption of a motion for closure
9.2.6 Right of reply after closure of debate
9.2.7 Explanation of vote after closure of debate
9.2.8 Right to complete a statement after closure of debate
9.2.9 Speakers who had requested the floor before the closure of debate
9.2.10 Right of proposer, after closure of debate, to introduce a
previously submitted proposal
9.2.11 Right of proposer to reply to questions after closure of debate
9.2.12 Right to propose procedural motions after closure of debate
9.2.13 Submission of amendments after closure of debate
9.2.14 Submission of sub-amendments after closure of debate
9.2.15 Closure of debate and revision of amendments
9.2.16 Closure of debate before its commencement
9.2.17 Closure of debate on points of order
10.1 Distinguishing between separate proposals and amendments
10.1.1 Definition by the Legal Counsel of the UN as to the difference
between amendments and separate proposals
10.1.2 Practice regarding distinguishing between amendments
and separate proposals
10.1.3 Can an amendment call for the removal of the substance
of a proposal?
10.1.4 Can an amendment call for deferment of discussion?
10.1.5 Can an amendment call for taking no decision on a
committee report?
10.1.6 Can an amendment call for referring an issue to a
different committee?
10.1.7 Can an amendment call for deleting some existing paragraphs,
revising others and adding a new paragraph?
10.1.8 Can a separate proposal be transformed into an amendment?
10.1.9 How are decisions made whether a proposal is an amendment
to another proposal?
10.1.10 Adoption of an amendment by the proposer
10.1.11 Presenting an amendment before presenting the resolution itself
10.1.12 A series of amendments as a package
10.2 An inadvertent oral amendment
10.3 Amendments to procedural motions
10.4 Revising amendments by proposer
10.5 Voting on an amended proposal
10.6 Prohibition of amendments
10.7.1 Adoption of a sub-amendment and subsequent rejection
of the amendment itself
10.7.2 Adoption of a sub-amendment implying rejection of another sub-amendment that had been accepted by the sponsors of the original amendment
11
Withdrawal and reconsideration of motions
and proposals
11.1 Withdrawal of motions
11.1.1 Withdrawal of a motion adopted by a committee
11.1.2 Withdrawal of part of a motion
11.1.3 Resubmitting a proposal previously withdrawn
11.1.4 Time limits for withdrawal
11.1.5 Agreement by all sponsors for withdrawal
11.1.6 Meaning of the qualification that the motion
‘has not been amended’
11.1.7 A motion not to vote on a proposal as an alternative
to withdrawal
11.2 Reconsideration of proposals
11.2.1 Majority required for reconsideration
11.2.2 Reconsideration in committees
11.2.3 Reconsideration in regard to proposals in different committees
11.2.4 Reconsideration in plenary of decisions of committees
11.2.5 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?
11.2.6 Is it reconsideration to request a separate vote on a text when an amendment for deletion of the text has been defeated?
11.2.7 Is a request to vote again, due to misunderstandings during
the vote, a request for reconsideration?
11.2.8 Is voting again due to discrepancy in language versions
to be considered a reconsideration?
11.2.9 Is a motion to vote on an amendment inadvertently notvoted on to be considered a motion to reconsider?
11.2.10 Recounting the vote as reconsideration
11.2.11 Is a motion not to discuss an item inscribed on the agenda a motion for reconsideration?
11.2.12 Where a decision has been taken not to inscribe an item on the
agenda, is a draft resolution on that item a motion fo
11.2.13 Is a motion to change the order of items in an agenda a reconsideration of the adoption of the agenda?
11.2.14 Is a motion for adjournment of debate a motion for
reconsideration of the decision to hold the debate?
11.2.15 Reconsideration of invitations to multi-session
conferences
11.2.16 Can a conference decide to reserve the right to reconsider an
item in the future?
11.2.17 Where there has been a vote on a proposal, is it reconsideration
to then convene a discussion group?
11.2.18 Relocation of part of a paragraph as reconsideration
11.2.19 An interpretive vote as reconsideration
11.2.20 After a motion not to vote on a resolution has been defeated, is it reconsideration to move that the conference…
11.3 Reconsideration of amendments
11.3.1 Where an amended basic text is defeated, is it reconsideration to
revert to the original basic text?
11.4 Reconsideration of procedural decisions
11.4.1 Does the rule on reconsideration apply to motions for
adjournment or suspension?
11.4.2 Does the rule on reconsideration apply to motions to suspend the
rules of procedure?
12
Procedural motions and points of order
12.1.1 Definition of a procedural motion
12.1.2 Examples of decisions as to what is a procedural motion
12.2.1 Distinction between a point of order and a procedural motion
12.3 Categories of points of order
12.3.1 A point of order requesting a decision by the presiding officer
12.3.2 A point of order raised in order to submit a procedural motion
12.3.3 A point of order requiring neither a vote nor
a presidential decision
12.3.4 A point of order on a matter of clarification
12.3.5 A point of order on technical arrangements
12.4 Decisions by presiding officers on points of order
12.5 Discretion of presiding officer to allow a delegation to raise
a point of order
12.6 Can a conference or assembly decide a point of order?
12.7 Raising a point of order while a representative is speaking
on an earlier point of order
12.8 Limiting the duration of statements on points of order
12.9 Limiting the number of points of order
12.10 Challenging a decision of a presiding officer
12.10.1 The process of voting on a challenge to a decision
by a presiding officer
12.10.2 Can a challenge to a ruling be debated?
12.10.3 Can there be separate votes on parts of a challenge to a ruling
by the presiding officer?
12.11 Speaking to the substance during a statement on a point
of order
13
Priorities between different proposals
13.1 Order of voting on proposals
13.1.1 When is a proposal considered to have been submitted?
13.1.2 Decision not to vote on subsequent proposals
13.1.3 How is a decision made about whether to vote
on a subsequent proposal?
13.1.3.1 Decision by presiding officer
13.1.3.2 A delegation that objects to voting on the next proposal
is obliged to submit a motion to that effect
13.1.3.3 A delegation that wishes that a vote take place on the next
proposal has to submit a motion to that effect
13.1.4 Is a decision granting priority to a proposal affected by a
subsequent revision of the proposal?
13.1.5 Do subsequent revisions of proposals affect the rule as to voting on proposals in the order in which they were submitted?
13.1.6 Order of priority of reintroduced proposals
13.2 Priority of procedural motions over substantive motions
13.2.1 Does a motion not to take a vote on a proposal have priority
over the substantive proposal?
13.3 Priority between procedural motions
13.3.1 Priority of motion for suspension of meeting
13.3.2 Priority of motion for adjournment of meeting
13.3.3 Priority of motion for adjournment of debate
13.3.4 Priority of a motion for adjournment of debate coupled with
a substantive motion
13.3.5 Priority as between different motions for adjournment of debate
13.3.6 Order of priority between different procedural motions not
entitled to special priority under the rules of procedure
13.3.7 Order of priority between different motions to grant priority
13.4 Voting on amendments prior to voting on the proposal itself
13.5 Voting on the main proposal when the voting
on an amendment is tied
13.6 Priority between amendments
13.6.1 Decisions as to which amendment is ‘furthest removed in
substance from the original proposal’
13.7 Can a conference decide not to vote on an amendment?
13.8 Order of voting on sub-amendments
13.8.1 Voting first on the sub-amendment furthest removed from the
amendment
14
Decision taking and method of voting
14.1 Determining the issue to be voted on
14.1.1 Reading out proposals or amendments prior to the vote
14.1.2 Declarations as part of a decision?
14.2.1 Voting by the European Commission
14.2.2 Voting by show of hands
14.2.3 The right to call for a recorded vote
14.2.4 Disclosing who requested a recorded vote
14.2.5 A recorded indicative vote?
14.2.6 When can a recorded vote be requested?
14.2.7 Recording delegations present and not voting
14.2.8 Recording abstentions
14.2.9 Order of voting in a roll-call vote
14.2.10 Voting by mechanical or electronic means
14.3.1 Representatives absent when their names are called
in a secret ballot
14.5 Decision taking without voting
14.6 Voting on principles
14.6.1 What is the effect of having a vote on principle?
14.6.2 Decision making as to whether to hold a vote on principle
14.7.1 Indicative vote by roll call
14.8 Voting on preferences
14.10 Request not to vote
15.1.1 Unanimity and consensus
15.1.2 Unanimity in the UN
15.1.3 Do abstentions negate unanimity?
15.4.1 Majority required for amendments to proposals requiring
a two-thirds majority
15.5 ‘Representatives present and voting’
15.6 Calculating fractions of votes
15.7 Absolute majority of all States represented
15.8 Two-thirds majority of all States represented
15.10 Equally divided votes
15.11 A situation where two alternative proposals each receive
equally divided votes
16.1.1 Taking decisions by ‘general agreement’ or ‘without a vote’
16.2 Background to the increased use of consensus
16.3 Consensus at the Third Law of the Sea Conference
16.4 Use of the word ‘consensus’ in the rules of procedure
of the UN General Assembly
16.5 Consensus without possibility of voting
16.6 Consensus with possibility of voting
16.7 Reservations to a consensus
17.1 Separate votes on parts of proposals and amendments
17.2 Consequence of holding a separate vote
17.3 The right of a delegation to have a separate vote on parts
of a proposal
17.4 The IMO formula for authorising requests for separate votes
17.5 Does a delegation requesting a separate vote need to
submit a motion?
17.6 Voting on request for a separate vote
17.7 Form of voting on the separate vote
17.8 Number of speakers on a motion for a separate vote on part
of a proposal
17.9 Right to object to a motion for a separate vote on part
of a proposal
17.10 Can a motion be submitted for a separate vote on a particular sub-paragraph after defeat…
17.11 What are ‘parts of a proposal’ for purposes of a
separate vote?
17.12 A motion for a separate vote on a paragraph after such a motion had been defeated regarding other paragraphs of the resolution
17.13 A motion for a separate vote on a phrase after the failure of
a motion for deletion of the phrase
17.14 Status of preambular parts of an amendment when
operative parts have been rejected
17.15 Can a motion for a separate vote be amended?
17.16 Voting on the proposal as a whole following a separate vote
17.17 Voting on parts of a resolution rejected in a separate vote
17.18 A motion to vote on the text as a whole, paragraph by paragraph, after each paragraph had been earlier voted on separately
17.19 Voting on the remainder of a proposal after voting
on separate paragraphs
17.20 Priority as between voting on amendments and voting
on a separate part of a proposal
17.21 Combining the vote on several proposals
17.22 Separate votes on two amendments submitted together
17.23 Does a decision to have separate discussions on parts
of a proposal also imply holding separate votes?
17.24 A separate vote on parts of a procedural motion
18
Conduct of voting – interruption of voting and
correction of vote
18.1 Interruption of voting
18.2 Interruption when voting on individual proposals
18.3 When does voting commence?
18.3.1 When does voting commence during a connected series of voting?
18.3.2 When does voting commence in elections?
18.3.3 When does voting commence in a vote paragraph by paragraph?
18.3.4 When does voting end?
18.4 Interruption of voting
18.4.1 Is an adjournment of a meeting an interruption
of the voting procedure?
18.4.2 Is a suspension of a meeting an interruption
of the voting procedure?
18.4.3 Interruption of voting between votes on a series of amendments
18.4.4 Interruption of voting for points of order
18.4.5 Interruption of voting for proposal not to vote
18.4.6 Interruption of voting for proposal to defer the vote
18.4.7 Interruption of voting to make comments
18.4.8 Interruption of voting with a request for explanation
18.4.9 Interruption of voting due to discrepancy in language versions
18.4.10 Interruption of voting in order to submit an amendment
18.4.11 Interruption of voting to submit an oral amendment
18.4.12 Interruption of voting to submit an amendment where the right to do so had been previously reserved
18.4.13 Interruption of voting to submit sub-amendments
18.4.14 Interruption of voting to ascertain what majority is required
18.4.15 Interruption of voting to withdraw sponsorship of a resolution
18.4.16 Interruption of voting to allow explanation of vote on a
separate paragraph
18.4.17 Interruption of voting to revise a proposal
18.4.18 Interruption of voting to request reconsideration
18.4.19 Interruption of voting for withdrawal of candidatures
18.5.1 The report of the UN Secretary-General on correction of vote
18.5.2 Practice as to correction of votes before announcement of results
18.5.3 Correction of votes after announcement of results
18.5.4 Correction of votes in a roll-call vote
18.5.5 Correction of votes – indication in the records
19
Languages, records and documents
19.1 Languages of the conference
19.1.1 Official languages
19.1.3 Voting on one language version of a text
19.1.4 Authentic language
19.1.5 Voting again because of a discrepancy between different
language versions
19.2 Records and documents of the conference
19.2.2 Distribution of documentation submitted by observers
19.2.3 Summary and verbatim records
19.2.4 Adding written statements to the record
19.2.5 Correcting the record
19.2.6 Adding to the record
19.2.7 Deleting from the records
20.2 Procedure of committees
20.3 Relations between committees and plenary
20.4 The different committees
20.4.1.1 Composition of the general committee
20.4.3 Drafting committee
20.4.3.1 Mandate of a drafting committee
20.4.3.2 Drafting committee as a body for informal negotiations
20.4.3.3 Deciding to transfer a proposal to a drafting committee
20.4.3.4 Drafting committees acting beyond their mandate
20.4.3.5 Composition of a drafting committee
20.4.3.6 Drafting committees at the UN General Assembly
21
Suspension and amendment of rules of procedure
21.1 Suspension of rules of procedure
21.1.1 Practice in international conferences as to suspension
21.1.2 Practice in the UN General Assembly as to suspension
21.1.3 Practice in international organisations as to suspension
21.2 Amendment of rules of procedure
21.2.1 Majority required for amending rules of procedure
Procedure at International Conferences
：A Study of the Rules of Procedure at the UN and at Inter-governmental Conferences
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