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of the parties, it is doubtful that it can still be sustained in view of a host of UN General Assembly resolutions, adopted since 2000, calling for fish stocks to be restored or maintained at levels of MSY ‘as determined by their biological characteristics’, without mention of possible qualification by environmental or economic factors. 61 Although the parties to UNCLOS and members of the General

in The law of the sea
Abstract only
Stories about international organisations, non-State actors, and the formation of customary international law
Sufyan Droubi
Jean d’Aspremont

( opinio juris sive necessitates )’); United Nations General Assembly Resolution 203 (73rd Sess) (11 January 2019) ‘Identification of customary international law’ A/RES/73/203 and Annex ‘Identification of customary international law’, Conclusion 2 (‘[t]o determine the existence and content of a rule of customary international law, it is necessary to ascertain whether there is a general practice that is accepted as law ( opinio juris )’). Even the nuanced approach that the International Law Association adopts speaks of the two elements: see International Law Association

in International organisations, non-State actors, and the formation of customary international law
General Assembly resolutions
Rossana Deplano

use of relevant resolutions by States and other international actors. It follows that any inquiry into the evidentiary value of General Assembly resolutions as either general practice or opinio juris should be complemented by an empirical study of the systemic character groups of resolutions have acquired over time. The following section presents an original database of General Assembly practice with a view to assessing the relevant findings in the light of the methodology devised by the International Law Commission to detect the presence of custom. 3 Case study

in International organisations, non-State actors, and the formation of customary international law
The prohibition on the use of force
Nikolaos K. Tsagourias

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

in Jurisprudence of international law
Matthew Happold

: ‘Report of the Expert of the Secretary-General, Ms Graça Machel, submitted pursuant to General Assembly resolution 48/175’, UN Docs A/51/306 and A/51/306/Add.1. 2 Ibid ., at para. 58. 3 See Office of the United Nations High Commissioner for Human Rights

in Child soldiers in international law
Michael Wood

-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 . 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

in International organisations, non-State actors, and the formation of customary international law
Abstract only
Leslie C. Green

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

in The contemporary law of armed conflict
With a New Introduction by Marcelo G. Kohen

The author of this book, Sir Robert Yewdall Jennings, was one of the most distinguished British specialists in the field of International Law of the last century. The book starts with the traditional analysis of the different 'modes' of acquisition of territorial sovereignty as developed in doctrine since the very beginning of the science of international law. One of the merits of the book is precisely that, instead of focusing exclusively on or absolutely disregarding them, an approach other authors had adopted, it harmonizes the traditional modes with other elements that may influence the determination of sovereignty and that were not taken into account in the past. The traditional five 'modes' of acquisition of territorial sovereignty described by doctrine were: (1) occupation (2) prescription (3) cession (4) accession or accretion and (5) subjugation or conquest. In order to encompass other elements coming into play in the analysis of the acquisition of territorial sovereignty, the book included references to two devices of use in any dispute about territory: intertemporal law and the critical date. To complete the picture, a separate chapter of the book considers the place of recognition, acquiescence and estoppel in the realm of acquisition of title to territorial sovereignty. The book also clarifies the scope of estoppel in the field. It cannot by itself constitute a root of title, but it can assist in its determination.

Third edition

This book bridges the gap between the legal theory propounded in academic works and the practical implementation of customary and treaty law as evidenced by military manuals, operational orders and instructions or in reports relating to incidents occurring in armed conflict. It illustrates conflicts, generally those in which British sailors, soldiers and airmen have been involved. The book highlights the more recent judgments and opinions of the International Criminal Tribunal for the former Yugoslavia, the International Court of Justice and the European Court of Human Rights, the comprehensive work of the International Committee of the Red Cross with regard to customary international humanitarian law and the meaning of 'direct participation in hostilities', the Harvard University air and missile warfare project, the San Remo Manual on non-international armed conflicts, and the UK Law of Armed Conflict Manual of 2004. It discusses the protection of the wounded and sick, the security aspects of belligerent occupation and, because this is constantly raised as a weakness of the law of armed conflict, on the implementation and enforcement of this branch of the law. Concerns about recent events, such as publication of the 'Torture Papers', conditions at Abu Ghraib, the perceived 'legal hole' at Guantanamo Bay or the United Kingdom's Baha Mousa inquiry, caused the author to reflect on the utility of the law of armed conflict given the apparent willingness of some to exploit loopholes in the law or deploy ingenious approaches to its interpretation to the detriment of humanity.

R. Y. Jennings

that it has exposed itself to consequences legitimately following as a legal sanction. Now, of course, it would be wrong to apply this formula, as it stands, to General Assembly Resolutions in general terms. Judge Lauterpacht was dealing primarily at least with a question of the quantum of supervision of Trust Territories. Moreover, this was an individual opinion of Sir Hersch Lauterpacht and cannot therefore be taken as bearing the imprimatur of a dictum of the Court.1 Nevertheless, when all allowances have been made, it remains true that there is weighty authority

in The Acquisition of Territory in International Law