This article is written by Arunima Shrivastav, pursuing a Certificate Course in Advanced Criminal Litigation & Trial Advocacy from LawSikho.com.

Introduction

The operative clause is followed directly by the preamble. Their purpose is to determine what your country should do about the issue being discussed. The operative clauses form the second major part of the resolution on which the debate is focused. The operative clause asks for the necessary action to resolve the issue. Each section addresses a certain aspect of the issue; therefore a section should not be called for various measures, but should focus on a particular aspect. While writing the operative clause, you should ensure to remain concrete and rational. The final clause is usually a type of conclusion, reserved to express the expectation that countries will cooperate on the issue, although this is not mandatory.

What is a Clause

A clause is a specific written binding document (United Nations resolution, contract, warranty, non-disclosure agreement (NDA), etc.) that clearly defines the duties, rights and privileges of each party under the conditions specified in the document. Each section addresses a specific aspect related to the overall theme of the document.

The clause is a written directive, as a result of which the policy will come into force practically and will develop through negotiation and lobbying. Putting ideas in writing lets other delegates know who they are voting on. Each section should cover a different idea, or aspect, and use a sub-clause to provide more detail to include several variables or steps.

What are operative clauses

According to Dictionary Meaning “Operative clause  means  a judgment, order, resolution, etc. which requires  anything  to be done or not to be done.” Operative clauses identify actions or recommendations made in a resolution. Each operative clause begins with a verb (called an operative phrase) and ends with a semicolon. Operative clauses must be conducted in a logical progression with each having a logical idea or proposition, and are always numbered. If clauses require further explanation, bulleted lists set by letters or Roman numerals can also be used. After the last operative clause, the resolution ends in a period. 

There are following characteristics of the operative clauses are:

• Each operative clause is counted: 1., 2., 3., 4.,…
• All operative clauses and sub-clauses are indented.
• The introductory word/ phrase of each operative clause is underlined.
• Capitalize the first letter of the introductory word/ phrase.
• Only a selected set of phrases can be used as introductory words/ phrases;The following clause-starters are only for Security Council resolutions: Condemnation, demand.
• Any introductory word/ step cannot be repeated in a resolution (but can be used again with “strongly” or “forward”: such as “further requests …”). 
• The semi-colon are separate operator segments from each other.
• Sub-clauses are given letters: a,b,c,d.,…
• Sub-clauses are numbered with Roman numerals: i., ii, iii., iv.,….
• Sub-clauses and sub-sub-clauses are used by tabs, not by using individual spaces.(Sub-segments are tabbed once and sub-sub-sections are tabbed twice).
• The first letters of the sub-clauses and sub-clauses are not capitalized.
• Single sub-segments are not allowed.
• Word is a term used at the end of the last word of an operative cluster.
• Operative clauses form the predicate of a sentence (i.e describe the action of oath); Thus operative clause starters must present stressful verbs in the third person Singular.
• The last operative clause must be completed with a period to mark the end of the very long Sentence.

Role of operative clauses 

The operative clause is the final clause of a draft resolution and sets out what action the body must take to resolve the problem under discussion. The operative clauses for the committee are the most controversial because they are the only parts of the draft resolution that can be amended (with the exception that the draft resolution is subject to debate on the floor when sponsors and signatories can be added or removed). Operative clauses serve to establish a solution to the problem or to suggest an alternative approach to ameliorate the situation. The most important and comprehensive operative clauses should be listed first, and each clause that should be the following key or the first clause will help to be implemented. The first word of each operative clause must be an adverb verb (in the present tense – ending at the end) and underlined. The first sentence of each clause should be numbered and indented; Subsections must be indented a second time and begin with lowercase letters. Each section of this section must end with a quasi-subunit, ending with a period except for the last sentence (since this is the end of the draft resolution). The operative clauses propose a solution to the problem through the first pending clause. These clauses are action oriented and should include both an underlined verb at the beginning of your sentence following the proposed solution. Each clause must follow the following basic principles: the clause must be counted;

• Each section should support each other and continue its solution;
• Add details to your section to complete the solution.

Organization of Operative Clauses 

Creating a good operative clause

• Writing the operative clause is very simple

• First, take a solution that you want to include in the draft resolution. 
• You then take that solution, concatenate it with an underlined operative phrase, and
• End it with a semicolon (the last operative clause ends with a period). Operative clauses are also counted. 
• This distinguishes them from pre-ambulatory clauses, helps to show logical progress in resolution, and makes it easier to refer to operative clauses in speeches and comments.

• While writing a set of operative clauses, here are some golden rules

1. Have a clear aim in mind. What is this particular clause trying to achieve?
2. Be specific. 
3. Organize your resolution logically.
4. Think of the “W” rule: Who, What, When, Why, how?
5. There are never enough numbers.
6. Sub-clauses are a thing, use them.
7. Write as many operative clauses as you need. 

Instance

It is important not to be direct with your thoughts. For Example, Writing; 

“all harmful drugs should be banned” in the operative clause may not solve drug trafficking problems. First, many states have already banned harmful drugs, and yet drugs are still ripping through their custom authorities and still being sold on their streets. Secondly, if it were as easy as a simple blanket measure of “banning drugs”, what would not have been tried before?

If your country truly wants to declare narcotics completely and completely illegal, you should ask yourself, “How am I going to convince other states to adopt these measures?” If you wish to stop the sale of legal or illegal drugs altogether, you should ask yourself, “How am I going to convince people who buy and sell drugs?” Or perhaps more importantly, “What are these people going to do after closing the drug deal?”

You should try to avoid trying to fit too much into a single operative clause. Each section deals with an idea and as such something else will be separated from the idea as you write.

How does one ensure that my proposals are followed 

Your resolution may be deemed “very weak” by your fellow representatives if you have no methods of guaranteeing the member states and their citizens that you suggest. There are four things you can try and get your message across:

1. Permit

Promoting a new activity and proactively can be a solution that encourages states and citizens to change their ways of life to meet their goals. The Netherlands, for example, is famously tolerant of drug use, and has recorded a lower proportion of drug-related deaths than the EU average, and a significant decrease in drug-related crime.

2. Reward

Incentives can help sweeten an agreement and convince other people that it is a good idea to sign up for whatever plan you have planned. They can respond politely to any type of incentive, be it financial, in the form of promises of technological advancements, evasive construction or personal loans.

3. Punish

You can consider cutting trade with states or fining them with monstrous amounts of money. Economic sanctions often work very well, although you should consider the effect on any innocent within a state if you plan to harm the economic viability of that state. Consider also the countries that will have no effect on it.

4. Restriction

The outright ban of undesirable practices can be a very effective way to cross a point and ensure things quickly. Many countries have already banned special practice (for example: slavery) in their jurisdictions, so you will be eager to support them. However, some countries continue to participate in restrictive practices despite a UN ban around the world, so without significant support, an explicit ban may not have the desired effect.

To what extent can one keep their proposals to the point

If they have more power in their views, there may be a better chance of them being accepted by committees and fellow representatives. Your clause does not need to be an essay. Remember that you also have a chance to speak about your resolution, so you do not need to write all your thoughts.

An example of operative clause:

“urges fines for citizens who use mobile phones while driving, means fewer accidents will occur,”

The second part of the section is useless. This is actually a second section in itself, and should probably be in the Preambulatory clause. Saying “it will mean fewer accidents,” or anything similar is not necessary to achieve your goals, so it should be dropped. If you believe that your clause does not explain why it is, or if you think the committee will not know what you are saying, then you have a chance to mention that the use of mobile phones The penalty for “… would mean fewer accidents,” during lobbying or when you are speaking about your proposal.

Operative phrases

The operative clause is punctured by a semicolon with the exception of your last operative clause, which must be accompanied by a period.

Like with preambulatory phrases these should be clarified using bold, underline or italic, or a mixture of all three. Verbs should be used in the third person, to make it clear that you are underlining what the country wants, not what you want.

Again, it is bad practice to use any operative phrase or love phrase more than once, with so many to choose from.

Here is a list of sample operative clauses available option:

Conclusion

The operative clause, as mentioned earlier, is a call to action. They prescribe and recommend specific measures to respond to the problem. As such, they have the most important role in conferences.Not only do they end the debate (as you know, a debate stops when a resolution is adopted on the topic discussed), but they also state it briefly. Operative clauses can tell a lot about the dynamics of the committee and the level of representatives.

The operative clause is the treatment prescribed by representatives after hours of debate in response to a specific type of diagnosis. As such, they should be as precise as possible. Again, think of the doctor metaphor.

Do you want your doctor to only tell you “get a pill” when you are sick. You will want to know what kind of pill you want, exactly how long and how long you want to take it. Think of the operative clause in the same way and you will always end up with a satisfactory resolution.

Reference

https://www.lexology.com/library/detail.aspx?g=0e06a40f-53d1-4efe-a0b7-9636232fb4cd

https://www.wisemee.com/preambulatory-and-operative-clauses/

https://www.carthage.edu/model-united-nations/writing-resolutions/#:~:text=Operative%20clauses%20identify%20the%20actions,proposal%2C%20and%20are%20always%20numbered.

http://tasmun.org/assets/guides/resolution-conventions.pdf

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