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5 - Revisiting the Concept of Legal Significance of Resolutions
Rossana Deplano, University of Leicester
Book:

Empirical and Theoretical Perspectives on International Law

Published online:

21 July 2022

Print publication:

04 August 2022, pp 184-210
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Summary

This chapter provides an innovative analysis of the concept of legal significance of resolutions. It evaluates the common traits of state practice related to the attribution of legal significance of resolutions in relation to three contexts – at the adoption stage, within domestic law and in international practice. Subsequently, it evaluates whether it is possible to predict the presence of legal significance of resolutions by providing a critique of the existing tests of legal significance devised by scholars. It concludes by arguing that there is a significant discrepancy between the findings of this study and scholarly positions on the normative value of resolutions. The latter tend to focus on the legal significance at the adoption stage, thus underplaying the relevance of state practice as a signpost of legal significance at the implementation stage – both domestic and international.