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Introduction

Published online by Cambridge University Press:  21 July 2022

Rossana Deplano
Affiliation:
University of Leicester
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Summary

The Introduction provides an overview of the four streams of thought about the legal significance of resolutions. It shows that General Assembly resolutions do not fit the paradigm of Article 38 of the Statute of the International Court of Justice and, in any case, the traditional signposts contained in that provision do not explain the basis of legal obligation in the contemporary international society. It provides an argument for developing an empirically grounded analysis of how resolutions acquire legal significance in different contexts through state practice. It subsequently outlines the structure of the analysis, which culminates with the formulation of an original theory of legal significance of resolutions. The latter develops in three different contexts – namely, at the adoption stage, within domestic law and in international practice.

Type
Chapter
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Empirical and Theoretical Perspectives on International Law
How States Use the UN General Assembly to Create International Obligations
, pp. 1 - 24
Publisher: Cambridge University Press
Print publication year: 2022

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  • Introduction
  • Rossana Deplano, University of Leicester
  • Book: Empirical and Theoretical Perspectives on International Law
  • Online publication: 21 July 2022
  • Chapter DOI: https://doi.org/10.1017/9781108678698.001
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  • Introduction
  • Rossana Deplano, University of Leicester
  • Book: Empirical and Theoretical Perspectives on International Law
  • Online publication: 21 July 2022
  • Chapter DOI: https://doi.org/10.1017/9781108678698.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Rossana Deplano, University of Leicester
  • Book: Empirical and Theoretical Perspectives on International Law
  • Online publication: 21 July 2022
  • Chapter DOI: https://doi.org/10.1017/9781108678698.001
Available formats
×