Political and Public International Law › Public International Law › Other International Instruments

1. United Nations Declarations

What is the effect of United Nations Declarations and Resolutions?

Declarations of legal principles and Resolutions by the United Nations are generally considered merely recommendatory. Certain decisions are binding, including Security Council decisions under Article 25 of the UN Charter and General Assembly decisions on internal matters such as the budget under Article 17(2) of the UN Charter. Resolutions can also be a reflection of what has become customary law (Bernas, Public International Law, 2009).

What is opinio juris communis?

UN Declarations and Resolutions may provide evidence of opinio juris—the belief that a rule is legally obligatory—depending on their wording, the circumstances of their adoption, and states’ positions. Unanimous support is not required and does not alone establish opinio juris. (Bernas, Public International Law, 2009).