Obed Y. Asamoah

The Legal Significance of the Declarations of the General Assembly of the United Nations (eBook, PDF)

• Format: PDF

Produktbeschreibung

Mr. Asamoah's book is concerned with an area of growing importance in the evolution of contemporary international law. The traditional division of the sources of International law into custom and treaties has already been supplemented in Article 38 of the Statute of the International Court of Justice by the "general principles of law re cognized by civilized nations" and-as subsidiary sources, the judicial decisions and the teachings of highly qualified publicists. But in order to cope with the diversity of international law in our time, we have to look to a far greater variety of sources of international law, and we shall have to recognize that, in accordance with the many-sided character of international law, these sources may vary greatly in intensity. In recent years, Declaratory Resolutions of the General Assembly have been much concerned with the general princi ples of international law. Sometimes these Declarations are interpre tations of the Charter and other instruments; sometimes they are evi dence of state practice and a developing customary international law ; sometimes they formulate new principles which, in some cases will eventually lead to international treaties or new custom, or in other cases will be accepted as authorative statements of international legal principles, in circumstances where a formal treaty cannot be attained. There are many reasons--often of an internal character-which prevent the conclusion of a treaty but not the acceptance of the principles contained in it.

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Produktdetails

• Verlag: Springer Netherlands
• Seitenzahl: 274
• Erscheinungstermin: 6. Dezember 2012
• Englisch
• ISBN-13: 9789401194952
• Artikelnr.: 44184580

Inhaltsangabe

I Declarations and the Development of International Law.- 1. The Nature of the Declarations.- 2. Significance of Declarations in Relation to Specific Powers of the Assembly under the Charter.- 3. Significance of Declarations as Interpretation and Application of International Law.- 4. Declarations as Subsequent Practice and as Aid in the Judicial Interpretation of the Charter.- 5. Declarations as Evidence of Custom or General Principles of International Law.- 6. Declarations as Agreements Within the United Nations System.- 7. Factors Affecting the Significance of Declarations.- II Declarations Which Purport to State Existing Principles of International Law.- 1. Permanent Sovereignty Over Natural Wealth and Resources.- 2. The Declaration on the Prohibition of the Use of Nuclear and Thermo-Nuclear Weapons.- 3. The Resolution Affirming Principles of International Law embodied in the Charter of the Nurnberg Tribunal.- III Declarations Which Purport to Create New Principles of International Law.- 1. Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space.- IV Declarations Intended to Promote Specific Charter Programs.- 1. The Declaration on the Granting of Independence to Colonial Countries and Peoples.- 2. The Universal Declaration of Human Rights.- 3. The Declaration on the Elimination of All Forms of Racial Discrimination.- 4. The Declaration of the Rights of the Child.- V Significance of Declarations in the Practice of States and of International Organizations.- 1. Significance of Declarations in the Practice of States.- 2. Significance of Declarations in International Organizations.- Conclusion.