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Book contents
- Empirical and Theoretical Perspectives on International Law
- Empirical and Theoretical Perspectives on International Law
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgements
- Introduction
- 1 Unpacking the Practice of the General Assembly
- 2 The Legal Significance of Resolutions at the Adoption Stage
- 3 The Legal Significance of Resolutions within Domestic Legal Systems
- 4 The Legal Significance of Resolutions in International Practice
- 5 Revisiting the Concept of Legal Significance of Resolutions
- Conclusions
- Appendix Empirical Research Design
- Index
4 - The Legal Significance of Resolutions in International Practice
Published online by Cambridge University Press: 21 July 2022
- Empirical and Theoretical Perspectives on International Law
- Empirical and Theoretical Perspectives on International Law
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgements
- Introduction
- 1 Unpacking the Practice of the General Assembly
- 2 The Legal Significance of Resolutions at the Adoption Stage
- 3 The Legal Significance of Resolutions within Domestic Legal Systems
- 4 The Legal Significance of Resolutions in International Practice
- 5 Revisiting the Concept of Legal Significance of Resolutions
- Conclusions
- Appendix Empirical Research Design
- Index
Summary
This chapter examines the different functions that resolutions serve in state submissions before international courts and tribunals. The analysis revolves around two interrelated issues. On the one hand, it discerns between instances in which states treat resolutions as evidence of state practice and instances in which states treat resolutions as the practice of the General Assembly. On the other hand, the analysis evaluates the extent to which states and judges hold different views on the legal significance of resolutions. It demonstrates that issues relating to the legal significance of resolutions revolve around a double dichotomy generated by the different positions taken by states and judges in relation to assertion and attribution of the source of the legal significance of resolutions to state practice or the separate will of the General Assembly. It contends that it is difficult, if not impossible, to generalize about the legal significance of resolutions given the character of international polyarchy of the General Assembly. It then offers insights into the concept of autonomy of the General Assembly from its member states.
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- Information
- Empirical and Theoretical Perspectives on International LawHow States Use the UN General Assembly to Create International Obligations, pp. 152 - 183Publisher: Cambridge University PressPrint publication year: 2022