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the Use of Force Professor Brownlie relied on Article 2(4) and the General Assembly Resolutions on Friendly Relations 32 and Aggression 33 which reaffirm the principle of non-intervention in order to dismiss the argument that the Kosovo operation was humanitarian intervention which, otherwise, ‘would require consistent and substantial evidence’. 34 Similarly, in the Nicaragua case, the ICJ
-Secretary-General for Legal Affairs and United Nations Legal Counsel of February 8, 2016, for comments and information relating to the draft articles on the responsibility of international organizations pursuant to UN General Assembly resolution 69/126 (2014)’, available online at http://opil.ouplaw.com/view/10.1093/law-oxio/e204.013.1/law-oxio-e204-regGroup-1-law-oxio-e204-source.pdf . See also the reference, in Chapter 12 in the present volume, to legal opinions published by secretariats of international organizations; as another example, Veber points in Chapter 13 to
personnel against national liberation movements. It should be borne in mind that General Assembly resolutions lack binding legal force and amount only to recommendations, while the resolutions of the Security Council are obligatory only if they are framed as decisions under Chapter VII of the Charter relating to action with respect to threats to the peace, breaches of the peace and acts of aggression. Even
of the Almaty Declaration and Programme of Action, adopted in 2003. 51 The Declaration repeats the affirmation of the rights of landlocked and transit States as set out in the UN General Assembly Resolutions referred to above. It encourages those States to strengthen their collaborative efforts to address transit transport issues, and calls on other States to assist them. The objectives of the Programme of Action are to
in demobilisation programmes. Reintegration programmes should re-establish contact between child soldiers and their families and communities. Education, especially the completion of primary schooling, should be a priority, with vocational training and preparation for employment being provided for older children. 35 General Assembly resolution 51/77, in addition to welcoming the publication of the Machel report
); SR Ratner , ‘ The Cambodia Settlements Agreements ’, American Journal of International Law 87 , 10 , 12 – 25 ( 1993 ). 65 See Australian Refugee Review Tribunal, Case No N95/08421 , Decision and Reasons for Decision, [1997] RRTA 729 (4 Mar 1997) (appearing to view UNTAC as the government of Cambodia for purposes of a refugee status determination). 66 The United Nations revoked the South African mandate over Namibia in 1966, see United Nations General Assembly Resolutions 2145 (XXI) (27 October 1966); 2248 (19 May 1967); 2372 (12 June 1968
subject of international law, should be led to apply the rules of international law or concern itself with their development is in no way surprising’. 24 In Legality of the Threat or Use of Nuclear Weapons , moreover, General Assembly Resolutions are not treated as the product of member States alone. 25 While the formation of customary law is considered to be a matter of States’ concerns, resolutions may provide evidence of the formation of customary law, both due to their content and the conditions of their adoption. In the Kosovo advisory opinion, the Court
all due caution, be deduced from, inter alia […] the attitude of States towards certain General Assembly resolutions’. 9 The subsequent International Court of Justice opinion was more cryptic when it suggested that ‘[United Nations General Assembly resolutions] can, in certain circumstances provide evidence important for establishing the existence of a rule or the emergence of an opinio juris ’. 10 The issue that went largely unnoticed at the time and was left unresolved from the International Court of Justice’s dicta was to what extent the relevant resolutions
women. An alternative strategy might be to argue for the normative effect of General Assembly resolutions, 99 acknowledging the change in the sources of law that this entails. 100 General principles of law Can the Declaration on the Elimination of Violence against Women be asserted to rest on general principles of law and as such to be binding upon states? There has been a
Success” ’ although the origin of the reference is unclear.21 Two years later, the reference to ‘political’ was removed in the Convention whose preparation was mandated by the 1946 General Assembly Resolution. The debates are part of the public record although they have been somewhat misrepresented in some of the academic accounts. The Soviet Union opposed the inclusion of political groups, as all of the writers point out, but it was hardly alone in 16 Prosecutor v. Krstić (IT-98–33-T), Judgment, 2 August 2001, paras. 554–60. 17 Raphael Lemkin, Axis Rule in