UCHWAŁY ORGANIZACJI MIĘDZYNARODOWYCH JAKO ŹRÓDŁO PRAWA MIĘDZYNARODOWEGO
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Date
2001
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Wydział Prawa i Administracji UAM
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RESOLUTIONS OF INTERNATIONAL ORGANISATIONS AS THE SOURCE OF INTERNATIONAL LAW
Abstract
The Author states that law - making resolutions of international organizations can be recognized
as a source of international law if these resolutions have binding force for their addressees and include general and abstract norms. This applies both to the resolutions addressed to the
member states and to the so-called internal law of international organizations. The wording of
article 38 of the Statute of International Court of Justice is a starting point to the analysis of the
catalogue o f sources of international law and does not construct an obstacle to consider the abovementioned
resolutions as a source of legal regulation. The fact that there are major differences in
the process of creating resolutions and treaties and that often the subject matter of certain resolutions
goes beyond the content o f the constituent act o f an organization lead to the conclusion that
resolutions cannot be included in the law of the treaties. They also cannot be considered as part of
the so-called soft law.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 63, 2001, z. 3, s. 49-60
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0035-9629