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  • Print publication year: 2021
  • Online publication date: February 2021

3 - Reflections on the Treatment of General Assembly Resolutions in the Chagos Advisory Opinion


The considerable normative value of General Assembly resolutions has been recognised in authoritative reports on the formation and identification of customary international law produced by the International Law Association (ILA) and the International Law Commission (ILC) in recent years.1 In his contribution to this volume (Chapter 2), James Summers draws our attention to the various ways in which the International Court of Justice (ICJ) in its Chagos Advisory Opinion sought to harness the growing importance of General Assembly resolutions in relation to the formation of customary international law,2 not least through the ways in which it has enhanced the application of the criteria enumerated in its Nuclear Weapons Advisory Opinion.3 This short chapter offers further reflections on this phenomenon.

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