Introduction:
“Operative clauses are the heart of Resolutions”
Operative clauses are quite an enigma to a lot of people due to its selected use in a daily legal framework, but they are significantly found in the resolutions thereto.
What is an Operative Clause?
Objective clauses are sought to be policies that any resolution aims to create in the future. These clauses are the issues that are discussed to address and find a solution. Each clause points out a certain angle of the mentioned issue, the aim is to focus on a single aspect at a single time. So, it could be rational and concrete in writing. The final clause expresses and hopes that the countries will consider and cooperate on deciding the issue. To expect cooperation from different countries over the issue a set of debates is conducted.
Where is it found?
The operative clause can be found just after the preamble.
What does it look like or design?
An operative clause has a design which makes it easy to locate in the resolution,
- It is numbered.
- Written in italics.
- Starts with a verb, that is said as third-person present tense.
- It ends with a semicolon (;).
- And the last operative clause has a full stop or period (.) at its end.
For instance: “4. Acknowledges the Secretary-General’s intention to nominate a new permanent Head of Mission and Force Commander in consultations with all relevant parties;”[1]
The operative clauses are separated by a blank line and placed a bit of distance from the perambulatory clauses.
Examples of Operative Clauses
| Accepts | Draws The Attention | Proclaims |
| Affirms | Emphasizes | Reaffirms |
| Approves | Further Invites | Recommends |
| Authorizes | Encourages | Regrets |
| Calls | Reminds | Requests |
| Condemns | Further Invites | Solemnly Affirms |
| Confirms | Further Proclaims | Supports |
| Considers | Further Recommends | Takes Notes Of |
How does the operative clause begin?
The operative clause has to begin with a certain word, which is mentioned in the above heading. For instance: affirms, urges, etc.
Why is it required?
The finalized form of any research and negotiation are resolutions, which are suggestions given for addressing any issue. To draft a resolution, an operative clause is very significantly used and is the center of resolution.
How to frame a good operative clause?
In order to frame a good operative clause, the issues and ideas should not be kept in a direct manner. It should be more explanatory. For example, writing that “Human Trafficking should be banned” in an operative clause cannot be said as a solution for Human rights violations. Fundamentally mostly every state has banned human trafficking, but yet it is being practiced. So, there has to be a reasonable debate to convince the other countries to do that. The questions which we need to ask ourselves while we frame an operative clause are:
1. How will I convince the other states to adopt certain measures, you offer for dealing with the problem?
2. How to convince people who are engaged in the human trafficking business not to practice it anymore?
Every angle and aspect of the issue is to be discussed in other to draw a conclusion and an operative clause. We should try to segregate the operative clause so that there is not a lot to fit into a single operative clause. Each clause should deal with a single aspect and idea, fitting too much into one clause will distract attention from any single idea. There will be a lot of trespassing between ideas, which will create chaos.
Elements which will help to get the Message
Below mentioned are the elements which can help to frame the objective clause in a manner which is less ambiguous and suggesting:
- Perks or Rewards
Any reward or incentive is a deal that lures anyone to sign up for your idea. So, it is easy to convince someone by offering them an incentive. They would react in a kind manner to any reward, be it any change, social-economic or political.
- Sanction
Any sanction is threatening, be it trade cut off, financial fines, etc. Considering countries which will have effect with such element and also the ones which will not.
- A Ban
A straight ban of undesirable practices can be very effective in sending a message. Many countries who have banned the particular issue will support, but some people who still have interests in those practices will not give the desired effect to us.
How to keep operative clause to the point?
Resolutions have a better chance of getting accepted if they are very clear in their approach. The clauses should not be in the form of essay, they should be precise and clear. They are not to be very detailed because we will get a chance to explain it in detail while speaking about the resolution. So, mentioning every thought is not important.
An instance of an operative clause can be, “urges nations to institute a penalty for citizens who drink and drive, this will result in less accidents”.
The second half clause, which says “this will result in less accidents”, is useless and does not point out what you are seeking. The first part mentions the issue. The second clause can be explained later when we are speaking about the resolution. It will save excess thoughts and keep the intention clear. Rest is all explanation, which is covered in debate.
Conclusion
The organization of an operative clause is explained above. It is very precise and clear. It deals with an issue and aims to find a solution to end it. For such purpose, it goes through a long set of debates, which gives the answer to why such a problem needs to be addressed and the method involved. So, the operative clauses are the solutions to the problem.
If explained in a metaphorical aspect, we can say that, while consulting a lawyer on a certain “issue”, we want to know the “solution of that issue”. The arguments in the court of law are the “debate” and the “judgment and ruling” are the operative clause. To get a clear picture of an objective clause, a link to resolution can be followed: https://undocs.org/S/RES/2503(2019).
References:
[1] United nations security council, resolution 2503 (2019), adopted by the security council at its 8693rd meeting on , 19 December 2019 (Aug. 14, 2020, 08:45 PM) https://undocs.org/S/RES/2503(2019)
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