The Legal Significance of the Declarations of the General Assembly of the United Nations

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.

I Declarations and the Development of International Law.- 1. The Nature of the Declarations.- A. Introduction.- B. Categories and Relative Distinctions.- C. General Views on the Significance of 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.- A. Introduction.- B. Declarations as a Source of Customary International Law.- i. Declarations as Evidence of Custom.- ii. Declarations as State Practice.- iii. Role of Declarations in Originating State Practice.- C. Declarations as Evidence of General Principles of Law Recognized by Civilized Nations.- 6. Declarations as Agreements Within the United Nations System.- 7. Factors Affecting the Significance of Declarations.- A. Intention.- B. Consensus.- C. The Role of Law in Decision-Making.- D. Realism.- II Declarations Which Purport to State Existing Principles of International Law.- 1. Permanent Sovereignty Over Natural Wealth and Resources.- A. Introduction.- B. The Nature of the Concept.- C. Limitations on Sovereignty over Natural Wealth and Resources.- i. The Sanctity of Agreement.- ii. Doctrine of Acquired Right.- iii. The Taking of Propert.- D. Payment of Compensation.- E. Settlement of Disputes and Resort to National Jurisdiction.- F. Conclusion.- 2. The Declaration on the Prohibition of the Use of Nuclear and Thermo-Nuclear Weapons.- A. Introduction.- B. Nuclear and Thermo-Nuclear Weapons.- C. The Relevance of the Distinction Between Combatants and Non-combatants to the Use of Nuclear and Thermo-Nuclear Weapons.- D. Nuclear and Thermo-Nuclear Weapons and Specific Conventional Limitations on the Use of Force.- E. Nuclear and Thermo-Nuclear Weapons and the United Nations Charter.- F. Suggested Exceptions to the Illegality of the Use of Nuclear and Thermo-Nuclear Weapons.- G. The Legal Significance of the Declaration.- 3. The Resolution Affirming Principles of International Law embodied in the Charter of the Nurnberg Tribunal.- A. Introduction.- B. Affirmation of the Nurnberg Principles by the Assembly.- C. Formulation of Nurnberg Principles by the International Law Commission.- D. The Legal Significance of the Affirmation of the Nurnberg Principles by the Assembly.- 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.- A. Introduction.- B. Outer Space as Res Communis Omnium Extra Commercium.- i. Principle that Outer Space is Free for Exploration and Use by All States and the Prohibition of National Appropi-ation.- ii. Limitations upon Freedom of Exploration and Use.- C. The Principle of Consultation.- D. The Application of International Law and the Charter to Outer Space.- E. The Responsibility of States for National Activities in Outer Space.- F. Jurisdiction and Control of Objects Launched into Outer Space.- G. Re-entry and landing of Space Vehicles — Return of Astronauts and Vehicles.- H. Liability for Injury or Damage Caused by Space Vehicles.- I. The Legal Significance of Outer Space Resolutions.- IV Declarations Intended to Promote Specific Charter Programs.- 1. The Declaration on the Granting of Independence to Colonial Countries and Peoples.- A. Introduction.- B. The Principle of Self-Determination and the Right of All Peoples to Immediate Independence.- C. The Illegality of the Subjection of Peoples to Alien Subju-jugation, Domination and Exploitation.- D. The Right to Territorial Integrity.- E. Reaffirmation of the Competence of the United Nations.- F. Duty to Observe Faithfully the Charter, the Universal Declaration of Human Rights and the Present Declaration.- G. The Legal Significance of the Declaration.- 2. The Universal Declaration of Human Rights.- A. The History and Content of the Universal Declaration of Human Rights.- B. The Legal Significance of the Declaration.- 3. The Declaration on the Elimination of All Forms of Racial Discrimination.- A. Introduction.- B. Bases and Objectives of the Declaration.- C. Proscription of Racial Discrimination in the Enjoyment of Human Rights.- D. National and International Measures to Eliminate Discrimination.- E. Opinions on the Legal Significance of the Declaration.- F. The Practice of the UN in the Matter of Racial Discrimination.- i. Question of Apartheid in South Africa.- ii. Discrimination in Non-Self- Governing Territories.- G. Conclusion.- 4. The Declaration of the Rights of the Child.- A. Introduction.- B. Subjects of the Declaration.- C. The Enjoyment of Special Protection.- D. Rights to Name and Nationality, Education, Social Security and Emotional Security.- E. Responsibility for Implementing the Declaration.- F. The Legal Significance of the Declaration.- V Significance of Declarations in the Practice of States and of International Organizations.- 1. Significance of Declarations in the Practice of States.- A. Introduction.- B. The Role of Resolutions in National Judicial Decisions.- C. Incorporation of Resolutions into Municipal Law by Legislation.- D. Resolutions as Basis for International Conventions.- 2. Significance of Declarations in International Organizations.- A. General.- B. Invocation in the United Nations’ Political Organs.- C. Invocation in the United Nations Administrative Tribunal.- D. Significance in Specialized Agencies.- E. Significance in Regional Organizations.- Conclusion.