Empirical and Theoretical Perspectives on International Law: How States Use the UN General Assembly to Create International Obligations

Rossana Deplano

doi:10.1017/9781108678698

Empirical and Theoretical Perspectives on International Law

How States Use the UN General Assembly to Create International Obligations

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Mujuzi, Jamil Ddamulira 2024. The Protection of Seychelles’ Exclusive Economic Zone Through Penal Law: Analysing Warnakulusuriya Fernando v Republic [2000] and Kanapathi v R [2022] in the Light of Article 73(3) of United Nations Convention on the Law of the Sea. South African Yearbook of International Law, Vol. 49, Issue. ,

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Mesquita, Rafael and Pires, Antonio 2024. Jurisprudence in hard and soft law output of international organizations: a network analysis of the use of precedent in UN Security Council and general assembly resolutions. Artificial Intelligence and Law,

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Rossana Deplano, University of Leicester

Publisher:: Cambridge University Press
Online publication date:: July 2022
Print publication year:: 2022
Online ISBN:: 9781108678698
DOI:: https://doi.org/10.1017/9781108678698

Subjects:: UN and International Organisations, Public International Law, Law

85.00 (GBP)

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The book examines the processes through which the resolutions adopted by the UN General Assembly acquire legal significance through state practice. By using an empirically-grounded method of inquiry, it examines how states attribute legal significance to resolutions in three different contexts: at the time of adoption, within domestic law and in international practice. The book shows that, contrary to the existent theories on the legal significance of resolutions, the General Assembly is not a unitary actor. It also demonstrates that the concept of legal significance of resolutions is not predetermined or static. While resolutions are often framed in normative language, they acquire legal significance only to the extent that states find it desirable or convenient, depending on context and circumstances. Consequently, the attribution of legal significance to resolutions turns out to be a manifestation of state will to abide by their content, not the will of the General Assembly.

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Empirical and Theoretical Perspectives on International Law

How States Use the UN General Assembly to Create International Obligations

This Book has been cited by the following publications. This list is generated based on data provided by Crossref.

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Contents

Empirical and Theoretical Perspectives on International Law
pp i-ii

Empirical and Theoretical Perspectives on International Law - Title page
pp iii-iii

Copyright page
pp iv-iv

Dedication
pp v-vi

Contents
pp vii-x

Figures
pp xi-xi

Tables
pp xii-xiii

Acknowledgements
pp xiv-xiv

Introduction
pp 1-24

1 - Unpacking the Practice of the General Assembly
pp 25-66

2 - The Legal Significance of Resolutions at the Adoption Stage
pp 67-120

3 - The Legal Significance of Resolutions within Domestic Legal Systems
pp 121-151

4 - The Legal Significance of Resolutions in International Practice
pp 152-183

5 - Revisiting the Concept of Legal Significance of Resolutions
pp 184-210

Conclusions
pp 211-214

Appendix - Empirical Research Design
pp 215-238

Index
pp 239-240

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Empirical and Theoretical Perspectives on International Law

How States Use the UN General Assembly to Create International Obligations

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