RoccoR
Gold Member
montelatici, et al,
Are these actual "laws?"
When a Resolutions passes into law, there are a couple of things in the resolution that go along with it.
Example of an General Assembly Resolution that has become law:
Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966
entry into force 23 March 1976, in accordance with Article 49
Notice that General Assembly Resolution 2200A (XXI) of 16 December 1966 --- gives an entry into force date (23 March 1976). It also gives the Article of intent.
Absent the Article of intent and activation --- AND date of the Covenant goes into force, IT IS NOT A LAW. Not being transformed into law, it has no force. The example took 10 years for ratification and accession.
Your 33 year old General Assembly Resolution A/RES/37/43 has NO Article if Intent and Activation as to how and when it becomes Law, nor has it been ratified by the pre-requisite 35 member.
(THOUGHT)
I've notice that a vast number of pro-Palestinians rely on these Resolutions that are expressions of the opinion --- are mistaken for legal requirements. But please don't mistake them for that. They are not binding as a matter of routine; in fact very few are brought into law and become binding.
An example of this is the International Bill of Rights (IBR). The IBR is made up of three documents: i) International Covenant on Economic, Social and Cultural Rights (CESCR), and ii) International Covenant on Civil and Political Rights (CCPR), and the Universal Declaration of Human Rights (UDHR). While the CESCR and the CCPR are Covenant that have been brought into force, the UDHR has not. There are things in the UDHR that many countries believe are purely matters of national sovereignty and should not be address by International Covenant.
Most Respectfully,
R
Are these actual "laws?"
(COMMENT)A/RES/37/43
3 December 1982
Importance of the universal realization of the right of peoples
to self-determination and of the speedy granting of
independence to colonial countries and peoples for the
effective guarantee and observance of human rights
2. Reaffirms the legitimacy of the struggle of peoples for
independence, territorial integrity, national unity and liberation from
colonial and foreign domination and foreign occupation by all available means,
including armed struggle;
A/RES/37/43. Importance of the universal realization of the right of peoples to self-determination and of the speedy granting of independence to colonial countries and peoples for the effective guarantee and observance of human rights
When a Resolutions passes into law, there are a couple of things in the resolution that go along with it.
Example of an General Assembly Resolution that has become law:
International Covenant on Civil and Political Rights
Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966
entry into force 23 March 1976, in accordance with Article 49
Notice that General Assembly Resolution 2200A (XXI) of 16 December 1966 --- gives an entry into force date (23 March 1976). It also gives the Article of intent.
Article 49
1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession.
2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession.
2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession.
Absent the Article of intent and activation --- AND date of the Covenant goes into force, IT IS NOT A LAW. Not being transformed into law, it has no force. The example took 10 years for ratification and accession.
Your 33 year old General Assembly Resolution A/RES/37/43 has NO Article if Intent and Activation as to how and when it becomes Law, nor has it been ratified by the pre-requisite 35 member.
(THOUGHT)
I've notice that a vast number of pro-Palestinians rely on these Resolutions that are expressions of the opinion --- are mistaken for legal requirements. But please don't mistake them for that. They are not binding as a matter of routine; in fact very few are brought into law and become binding.
An example of this is the International Bill of Rights (IBR). The IBR is made up of three documents: i) International Covenant on Economic, Social and Cultural Rights (CESCR), and ii) International Covenant on Civil and Political Rights (CCPR), and the Universal Declaration of Human Rights (UDHR). While the CESCR and the CCPR are Covenant that have been brought into force, the UDHR has not. There are things in the UDHR that many countries believe are purely matters of national sovereignty and should not be address by International Covenant.
Most Respectfully,
R