Prof. Scarberry writes: > The extent to which US law of various kinds may be affected by international > law is a topic we have previously discussed on this list. I don't know the > details or context of the particular resolution cited below, but if UN > General Assembly resolutions are viewed by some as creating international > law, that is one more reason to resist incorporation of international law > into our domestic legal regime. > International law experts do not generally consider GA resolutions to be > binding expressions of international law, do they? In light of the > irresponsible and reprehensible resolutions often adopted by the GA, I > certainly hope not.
Comment: General Assembly resolutions are non-binding. However, they are evidence of customary international law, which is binding on the U.S. if the U.S. accepts the resolution. In the case of UN Gen. Assembly Res. 748, the U.S. did. Whether there have been "irresponsible and reprehensible resolutions," I just don't know to which resolutions to which you are referring and whether the U.S. voted in favor of them. Francisco Forrest Martin
