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Promises of States under International Law: Studies in International Law

Autor Christian Eckart Cuvânt înainte de Professor Dr Christian Tomuschat
en Limba Engleză Hardback – 9 ian 2012
Textbooks on international law, dicta of the International Court of Justice and the International Law Commission's 'Guiding Principles applicable to unilateral declarations of states capable of creating legal obligations' of 2006, all reflect the fact that in international law a state's unilateral declaration can create a legally binding obligation. Unilateral declarations are common, as a look at the weekly headlines of any major newspaper will reveal. Many of the declarations made at the highest level are, of course, vaguely expressed and carry no tangible legal commitment. But others deliver a very clear message: for instance the US's April 2010 declaration on its future use of nuclear weapons or Kosovo's declaration of independence and pledge to follow the Ahtisaari Plan, are two recent and prominent examples of unilateral declarations at the international level.The same sources, however, also reveal that while state promises are accepted as a means for states to create full blown legal commitments, the law governing such declarations is far from clear. This monograph fills a gap in international legal scholarship by raising and answering the question of the precise legal value of such pledges in the realm of public international law.After a brief introduction state promises in international law are defined and contrasted with other unilateral acts of states, and the history of promises in state practice and court decisions is delineated, together with scholarly opinion. The book then provides a detailed picture of the international legal framework governing promises of states, and ends with a brief assessment of the raison d'être for promises as a binding mechanism in international law, along with their advantages and disadvantages in comparison with the classical mechanism for assuming international obligations - the international treaty.This is currently the only book to present a comprehensive overview of the legal effect of promises by states in international law.
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Specificații

ISBN-13: 9781849462327
ISBN-10: 1849462321
Pagini: 356
Dimensiuni: 156 x 234 x 20 mm
Greutate: 0.59 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Studies in International Law

Locul publicării:London, United Kingdom

Caracteristici

This book is concerned with the type of unilateral declaration that arises when a State announces its intention to follow a certain future course of conduct.In looking at such declarations, the book raises, as well as answers, the question of the precise legal value of such pledges in the realm of public international law.Based on a thorough examination of the ICJ case law, State practice, scholarly writings and opinions within the ILC, this is the first book to present a comprehensive overview of the legal effect of promises by states in international law.

Notă biografică

Christian Eckart is an articled clerk at the Higher Appellate Court of Berlin.

Cuprins

Introduction I The Presumed Rareness of Promises II A Legal Framework with Many Open Questions: A First Look III The Need for a Clear Assessment of the Applicable Law IV Approaching the Topic1 Delimiting the Subject: Promise as a Unilateral Act I Drawing from the Definition of Unilateral Acts II Distinguishing Promises from Other Classes of Unilateral Acts III A Manifestation of Will to Create a Legal Obligation IV Unilateral V Promises of States Only 2 A History of Promises I Important Cases and State Practice II Concluding Remarks on the History of Promises 3 The Law on Promises I Promises and the Sources of International Law II The ILC's Guiding Principles III Legal Basis for the Bindingness of Unilateral Promises IV On the Intention to be Legally Bound V Further Requirements VI The Revocability of Promises VII Modifying Promises VIII Promises and Estoppel IX Summarising the Legal Framework 4 Looking Ahead: A 'Promising' Future? I Straitjacket vs Empowering Rule II Unilateral Promises and Bilateral Commitments Concluding Remarks

Recenzii

In sum, Eckart has produced a detailed analysis of the legal regime for promises of states international law. He vividly presents the current, albeit limited, State practice on the topic. The book is dedicated to a topic that has not previously received sufficient attention from scholars of international law, an omission now made good by Eckart's excellent study. (translated from the original German)
This is a superbly produced and edited book.and it is elegantly written.
The great achievement of the book is that it has been able to demonstrate the usefulness and legitimacy of the concept of promise in international law. . . . The book contains a full discussion of all the issues which unilateral promises can raise in diplomatic practice. . . .In sum, the book may be called an outstanding complement to the existing legal literature on a key issue of contemporary international law. It will be indispensable reading for any lawyer interested in the concept of unilateral promises in international law.

Descriere

The law governing unilateral declarations of intention by states is far from clear. This monograph fills a gap in international legal scholarship by raising and answering the question of the precise legal value of such pledges in the realm of public international law.