Acta Sunt Servanda? A Regime for Regulating the Unilateral Acts of States at International Law

Goodman, Camille

doi:10.1163/26660229-025-01-900000004

Cited by 2 publications

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“…The lack of useful indications expressed on the point during the codification works believe that the formula adopted is summarized in a vision shared by the members of the Commission. The special rapporteur addresses the question of the existence of an acta sunt servanda principle (Goodman, 2006) which is inspired by good faith (Kolb, 2017) 62 .…”

Section: Discussionmentioning

confidence: 99%

Lessons from the International Law Commission to codify unilateral acts of the States. Problems, discussion and evolution of international law

Neals¹

2023

AYIL

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This paper seeks critically and with the jurisprudential methodology of the International Court of Justice to shed light on the work carried out for many years within the International Law Commission in relation to unilateral acts. Is this a completed work, or is the codification missing? Is there arrogance of certain States that want to follow their own interests in the codification of the work completed? Is there a non-compliant silence from other States that have not taken a concrete position during the proceedings? These are some of the topics that are presented and discussed in this work. The completed work cannot be said to be a codification work, but a work in progress for the next few years. Many gaps and many problems perhaps due to the lack of international good faith. The obligation of the participating States is to take into consideration the substance and raise awareness of the importance of this work in order to be able to speak of a work far from the Vienna Convention in the coming decades but certainly of an original codification that every international convention must have.

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Section: Discussionmentioning

confidence: 99%

Lessons from the International Law Commission to codify unilateral acts of the States. Problems, discussion and evolution of international law

Neals¹

2023

AYIL

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Uluslararasi Hukukta Bi̇ldi̇ri̇mi̇n Tek Tarafli Devlet İşlemi̇ Ni̇teli̇ği̇ Üzeri̇ne Bi̇r İnceleme

Uzun

2019

Yıldırım Beyazıt Hukuk Dergisi

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Unilateral acts of states is one of the controversial issues in international law. Although some forms of unilateral acts are accepted by customary international law, different perspectives on the theoretical basis of legal relations between states render an agreement on the subject impossible. The idea behind considering unilateral acts being legal transactions is their capacity to create legal obligations for the author state, independent from any negotiation process with or any approval of other states. The International Court of Justice's decisions in Nuclear Tests Cases has triggered an interest to the subject which results in a more common recognition of the concept. But it is still impossible to argue that a theory of unilateral acts could be constructed. The work of International Law Commission, which could not produce the expected Draft Articles, may be an evident of this fact. Beside its controversial character, there is also some inconsistency between presentation of examples of unilateral acts by different scholars. Sometimes notification is added by scholars to the list of unilateral acts of states, including recognition, protest, waiver and promise. This article discusses the accuracy of adding notification to this list.

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Acta Sunt Servanda? A Regime for Regulating the Unilateral Acts of States at International Law

Cited by 2 publications

References 0 publications

Lessons from the International Law Commission to codify unilateral acts of the States. Problems, discussion and evolution of international law

Lessons from the International Law Commission to codify unilateral acts of the States. Problems, discussion and evolution of international law

Uluslararasi Hukukta Bi̇ldi̇ri̇mi̇n Tek Tarafli Devlet İşlemi̇ Ni̇teli̇ği̇ Üzeri̇ne Bi̇r İnceleme

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