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3 - The Legal Significance of Resolutions within Domestic Legal Systems

Published online by Cambridge University Press:  21 July 2022

Rossana Deplano
Rossana Deplano
Affiliation:
University of Leicester
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Summary

This chapter provides an original inquiry into the use of General Assembly resolutions within domestic legal systems. The scholarly literature is silent on this, being entirely focused on the use of resolutions by international courts and tribunals. As a result, this chapter supplements the current academic debate by revealing a neglected aspect of the legal significance of resolutions. It evaluates the degree of legal significance that states attach to resolutions at the implementation stage by analysing the process of incorporation of resolutions into domestic law. It shows that the source of the legal significance of resolutions can be ultimately traced back to the will of individual states to rely on resolutions depending on context and circumstances. As a result, generalizations about the legal significance of resolutions within domestic legal systems appear to be neither convincing nor useful.

Keywords

General Assembly resolutionslegal significancestate practiceincorporationinternalizationsource of obligationpolitical commitmentstandard settingpersuasive authorityUniversal Declaration of Human Rights
Type
Chapter
Information
Empirical and Theoretical Perspectives on International Law
How States Use the UN General Assembly to Create International Obligations
 , pp. 121 - 151
Publisher: Cambridge University Press
Print publication year: 2022

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