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Empirical and Theoretical Perspectives on International Law - How States Use the UN General Assembly to Create International Obligations (Hardcover)
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Empirical and Theoretical Perspectives on International Law - How States Use the UN General Assembly to Create International Obligations (Hardcover)
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The book examines the processes through which the resolutions
adopted by the UN General Assembly acquire legal significance
through state practice. By using an empirically-grounded method of
inquiry, it examines how states attribute legal significance to
resolutions in three different contexts: at the time of adoption,
within domestic law and in international practice. The book shows
that, contrary to the existent theories on the legal significance
of resolutions, the General Assembly is not a unitary actor. It
also demonstrates that the concept of legal significance of
resolutions is not predetermined or static. While resolutions are
often framed in normative language, they acquire legal significance
only to the extent that states find it desirable or convenient,
depending on context and circumstances. Consequently, the
attribution of legal significance to resolutions turns out to be a
manifestation of state will to abide by their content, not the will
of the General Assembly.
General
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