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5 - Revisiting the Concept of Legal Significance of Resolutions

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 innovative analysis of the concept of legal significance of resolutions. It evaluates the common traits of state practice related to the attribution of legal significance of resolutions in relation to three contexts – at the adoption stage, within domestic law and in international practice. Subsequently, it evaluates whether it is possible to predict the presence of legal significance of resolutions by providing a critique of the existing tests of legal significance devised by scholars. It concludes by arguing that there is a significant discrepancy between the findings of this study and scholarly positions on the normative value of resolutions. The latter tend to focus on the legal significance at the adoption stage, thus underplaying the relevance of state practice as a signpost of legal significance at the implementation stage – both domestic and international.

Keywords

General Assembly resolutionslegal significanceimplementationincorporationcustomary international lawgeneral principles of lawaggressionstate practicewill of stateswill of the General Assembly
Type
Chapter
Information
Empirical and Theoretical Perspectives on International Law
How States Use the UN General Assembly to Create International Obligations
 , pp. 184 - 210
Publisher: Cambridge University Press
Print publication year: 2022

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