Discussion
“General Assembly resolutions, even if they are not binding, may sometimes have normative value. They can, in certain circumstances, provide evidence important for establishing the existence of a rule or the emergence of an opinio juris..........”
In which of the following cases/advisory opinions, the aforesaid observation was made by the ICJ ?
Answer: D
The observation was made in the Legality of the Threat or Use of Nuclear Weapons advisory opinion, 1996.
Asked by the General Assembly whether the threat or use of nuclear weapons is permitted under international law, the Court examined whether a series of General Assembly resolutions condemning such weapons had created a rule of law. In that context it said that General Assembly resolutions, even if not binding, may sometimes have normative value and can provide evidence of a rule or of an emerging opinio juris, though it found that these particular resolutions fell short of establishing one.
The Corfu Channel case concerned mines and state responsibility, the South-West Africa opinion the mandate system, and Libya v. Malta the continental shelf.
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