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The principles brought forward in the resolution were later incorporated in the ‘Law of the Sea Convention’. This eventually proves that although resolutions are not binding, they may influence the nature and substance of international law in many ways and may also have legal force if they are regarded as statements of customary international law.

 

The General Assembly thus is not a World legislature. It does not codify laws or norms even though they are adopted unanimously and without any formal opposition. General Assembly resolutions are merely recommendations however the General Assembly can function as an instrument to collect and shape up into tangible form the international community’s customary norms.

 

State practice then becomes the main factor determining whether General Assembly resolutions give rise to new norms of international law or remain merely recommendations. Such new norms subsequently are codified into recognized principles of International Law through the promulgation of special conventions adopted by the General Assembly and approved by the required number of parties.

 

A Treaty to Which only one of the parties to the dispute is a party

 

A treaty is an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation [28] . They are generally held to be an ever-increasingly important source of international law and are a key towards the ends of developing a system of peaceful cooperation amongst states irrespective of their domestic legal particularities [29] . Since 1945, over 33,000 treaties have been deposited with the UN [30] .

 

In Art.38(1)(a), the Statute of the International Court of Justice makes reference to 'international conventions' establishing rules which are expressly recognised by the contesting states which may either be general or particular in their application. This article gives a very wide definition which seems to include not only bilateral and multilateral treaties but also any form of international agreement in any form.

 

It often happens that the language of a treaty which is presented before the court as a document containing rules recognised by the states in dispute is not always manifestly clear and precise as to make it clear whether such treaty is actually applicable to the circumstances of the case. The court will proceed to interpret the instrument, therefore determining its scope and effect and applicability to the dispute in question. According to Art.36(2)(a) of the Statute of the ICJ, states may at any time and by common accord, recognise as compulsory the jurisdiction of the court in the resolution of several legal disputes which might arise between them, amongst these, the Statute mentions the interpretation of a treaty本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。