Abstract
There is considerable difference in the opinions expressed as to how binding United Nations resolutions are or should be.
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References
For a more comprehensive study on this and related points, see Alex C. Castles, “Legal Status of U.N. Resolutions,” Adelaide Law Review, vol. 3 (1967), pp. 68–83.
Obed Asamoah, “The Legal Effect of Resolutions of the General Assembly,” Columbia Journal of Transnational Law, vol. 3 (1965), pp. 210–230.
Babriella R. Lande, “The Changing Effectiveness of General Assembly Resolutions,” The United Nations, Richard A. Falk and Saul H. Mendlovitz, ed., (New York: World Law Fund, 1966), pp. 227–237.
Evan Luard, Conflict and Peace, (Boston: Little, Brown and Co., 1968), p. 284.
For a more technical study of the question of “domestic jurisdiction,” see John M. Howell, “Domestic Questions in International Law,” Proceeding of the American Society of International Law, 1954, pp. 90-99, and “Delimiting ‘Domestic Jurisdiction’,” Western Political Quarterly, vol. 10, (1957), pp. 512-526, by the same author.
In this connection, the following might suggest some of the significant thoughts on the problem of General Assembly resolutions: Samuel A. Bleicher, “The Legal Significance of Re-citation of General Assembly Resolutions” American Journal of International Law, vol. 63 (1969), pp. 444–478.
D.H.N. Johnson, “The Effect of Resolutions of the General Assembly of the United Nations,” British Yearbook of International Law, vol. 32 (1955-56), pp. 97–122.
O. Schachter, “The Quasi-Judicial Role of the Security Council and the General Assembly,” American Journal of International Law, vol. 58 (1964), pp. 960–965.
F. Blaine Sloan, “The Binding Force of a Recommendation of the General Assembly of the United Nations,” British Yearbook of International Law, vol. 25 (1948), pp. 1–33.
Jack C. Piano and Robert E. Riggs, Forging World Order, (New York: MacMillan Co., 1967), p. 55.
Castles, op. cit., p. 80. For a discussion on this and related points, see Quincy Wright, International Law and the United Nations, (New York: Asia House, 1960), p. 43. Professor Wright finds that the priority of political over legal considerations is fundamental to the Charter of the United Nations. While legal considerations should form a foundation of the United Nations actions, he infers that the framers of the Charter had placed preference for political determination and secondarily for its legal consistency.
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© 1972 Martinus Nijhoff, The Hague, Netherlands
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Kim, JG., Howell, J.M. (1972). Validity of the General Assembly Resolutions; an Inquiry. In: Conflict of International Obligations and State Interests. Springer, Dordrecht. https://doi.org/10.1007/978-94-015-0505-5_3
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