Lesson 10 Flashcards

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1
Q

Unilateral Acts

A

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

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2
Q

Foundation of Unilateral Acts

A

1) Autonomy of the will of the State
2) principle of good faith

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3
Q

Are Unilateral Acts included under 38 Statute of the ICJ

A

NO

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4
Q

Elements of Unilateral Acts?

A

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

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5
Q

What are the Limits of Unilateral Acts?

A
  • 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
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6
Q

Legal Effects of Unilateral Acts?

A

State is bound by its own statements, so it is opposable to it

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7
Q

What is the Importance of the Unilateral Act?

A

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

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8
Q

Types of Unilateral Acts?

A

1) Recognition
2) Notification
3) Promise
4) Withdrawal

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9
Q

What are the Requirements of Unilateral Acts?

A

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

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