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Soft law at the crossroad between international law and international politics: On the effect of the UN General Assembly’s ‘Uniting for Peace’ resolution under the law of the treaties

  • DONG-A LAW REVIEW
  • 2017, (76), pp.135-165
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : July 31, 2017
  • Accepted : August 30, 2017
  • Published : August 31, 2017

Hyun Jung KIM 1 Kim, So-Yeon 1

1연세대학교

Accredited

ABSTRACT

This paper aims to explore a role of soft law situated at the intersection between international law and international politics. For an interdisciplinary study between law and politics, particular attention is to be paid to the effect of the UN General Assembly’s resolutions as an important example of soft law. These resolutions are political instruments without legally binding force; however, they may have normative implications on state behavior and hard law. Therefore, this paper examines values of the General Assembly’s ‘Uniting for Peace’ resolution (A/RES/377(V)) under the law of the treaties, one of the most traditional fields of international law. In particular, the values of the resolution are explored in relation to the interpretation of the UN Charter. Can this instrument be considered as subsequent agreement or practice under Article 31(3) of the Vienna Convention of Law of the Treaties, or as supplementary means of interpretation under Article 32 of the Convention? This paper deals with this question by analyzing the scope of the General Assembly’s ‘secondary’ responsibility for the maintenance of international peace and security and conditions for exercising such responsibility under the resolution 377(V).

Citation status

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This paper was written with support from the National Research Foundation of Korea.