Lesson 10 Flashcards
Unilateral Acts
Manifestation of a single International Law subject, the validity of which does not depend prima facie on other legal acts and which tends to produce legal effects* for the subject issuing it
and for third parties in certain circumstances
Foundation of Unilateral Acts
1) Autonomy of the will of the State
2) principle of good faith
Are Unilateral Acts included under 38 Statute of the ICJ
NO
Elements of Unilateral Acts?
1) Manifestation of will
2) Made in public
3) made by a person authorized to do so
4) With the intention of producing legal effects
5) with respect to factual or legal situations
6) performed independently of the conduct of other subjects
What are the Limits of Unilateral Acts?
- Nullity of unilateral acts contrary to peremptory rules
- It may not create obligations for third parties without their clear acceptance of such unilateral declaration
- Impossibility of the State author of the declaration to revoke it arbitrarily
Legal Effects of Unilateral Acts?
State is bound by its own statements, so it is opposable to it
What is the Importance of the Unilateral Act?
The importance of the unilateral act lies in the fact that, although in
principle it is not a source of international law, it does bind the actions of the State that carries it out, and is therefore enforceable against it
Types of Unilateral Acts?
1) Recognition
2) Notification
3) Promise
4) Withdrawal
What are the Requirements of Unilateral Acts?
1) It must refer to specific situations
2) It must be stated in clear and specific terms
3) there must be a clear intention to commit