UCHWAŁY ORGANIZACJI MIĘDZYNARODOWYCH JAKO ŹRÓDŁO PRAWA MIĘDZYNARODOWEGO

Abstract

The Author states that law - making resolutions of international organizations can be recognized as a source of international law if these resolutions have binding force for their addressees and include general and abstract norms. This applies both to the resolutions addressed to the member states and to the so-called internal law of international organizations. The wording of article 38 of the Statute of International Court of Justice is a starting point to the analysis of the catalogue o f sources of international law and does not construct an obstacle to consider the abovementioned resolutions as a source of legal regulation. The fact that there are major differences in the process of creating resolutions and treaties and that often the subject matter of certain resolutions goes beyond the content o f the constituent act o f an organization lead to the conclusion that resolutions cannot be included in the law of the treaties. They also cannot be considered as part of the so-called soft law.