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Lawmaking and treaty interpretation

4 important questions on Lawmaking and treaty interpretation

Legel effects of General Assembly resolutions

Not binding (except resolutions on budgetary matters; art. 17 Charter & Certain expenses-case)

(synonyms used for resolution in the charter: recommendations, decisions, declarations.)

sometimes resolutions have normative value

opinio iuris

can help in establishing customary law

establish state practice
proof of opinio iuris

the way states vote can be helpful in determine customary international law

critical note: voting is politically and economically based, not necessarily law-based

subsequent agreement/practice (art. 31(3) VCLT)

SC resolutions v. IO's legal orders

Each IO has autonomous legal system without outside effect.
EXCEPT

art. 103 Charter

obligations under the charter prevail

30(6) VCLT

obligations under the charter prevail

UN Charter/ SC resolutions v. EU-law

Kadi and Al Barakaat ECJ 2008
dilemma: follow international law and ignore fundamental rights or respect the fundamental rights?
the court champions fundamental rights. The EU is an important organization that respects fundamental rights and those have to be reviewed --> constitutional foundations of the EU system

Fundamental rights are emphasized, the EU resolution must comply with fundamental rights.