- All Journals
- Al-Qadisiyah University
- Basrah University
- Kirkuk University
- Mosul University
- The Iraqi Borad for Medical Specialization
- University of Anbar
- University of Technology
- Al Mustafa University
- Al-Zahraa University for Women
- Alnoor University
- Kunooz University
- Misan University
- Ninevah University
- Tikrit University
- University of Al-Hamdaniya
- University of Kerbala
The nature of international resolutions and their binding force in public international law | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 18, Volume 16, Issue: 2 part 1, September 2025, Pages 423-444 PDF (950.28 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.159732.1330 | ||
| Author | ||
| Zaid luqman lsmaeI* | ||
| College of Law / University of Nineveh | ||
| Abstract | ||
| International decisions remain at the heart of a persistent legal debate on the global stage, due to their association with numerous complexities regarding their legal nature, the degree of their binding force, and their relationship with international organizations that vary in roles and mandates. This debate raises fundamental questions about: - Whether these decisions are considered an original source of international law or merely auxiliary tools in shaping its rules. - Their capacity to impose legal obligations on states, particularly given the diversity of issuing bodies (e.g., the UN General Assembly versus the Security Council). In this context, the research highlights international decisions as a vital topic worthy of comprehensive analysis, especially amid the growing influence of international organizations and their emergence as key actors in the contemporary international system. The study concludes that while these decisions play a prominent role in shaping legal practices, they have not yet ascended to the status of official sources of international law (such as treaties and customary law). Instead, they remain a supportive tool in crystallizing legal norms. Regarding enforceability, decisions are either: - Legally binding (e.g., Security Council resolutions under Chapter VII). - Advisory, guiding international opinion (e.g., most General Assembly resolutions). In light of practical challenges in implementing these decisions—due to non-compliance by some states or the absence of effective enforcement mechanisms—the study emphasizes the necessity of developing international tools to compel states to respect their obligations. Examples include activating sanction mechanisms or unifying legal standards to enhance international credibility. | ||
| Keywords | ||
| International Sanctions; International Decisions; International Law; Recommendations; United Nations | ||
|
Statistics Article View: 272 PDF Download: 63 |
||