Unilateral Acts: A History of a Legal Doctrine

ISBN-13: 9780367590383 / Angielski / Miękka / 2020 / 140 str.

Betina Kuzmarov

Opis

We are in a moment where peoples and states are interested, directly or indirectly, in asserting their "national interest," unilaterally if necessary. In the White House, the national security policy is premised on "America First," while Catalans and Iraqi Kurds have taken steps to unilaterally declare their ind

Spis treści

TABLE OF CONTENTS

1 PREFACE

2 Acknowledgements

3 Chapter One: INTRODUCTION

1.1 What is a Unilateral Act?

1.2 Unilateral Acts and the History of International Law

1.3 Unilateral Acts in the Nineteenth Century

1.4 The Aims and Structure of this Book

4 Chapter Two: UNILATERAL ACTS AS CONSENT BASED AGREEMENTS

2.1 The Monroe Doctrine: A Doctrine of Non-Intervention by A Great Power

2.2 The Monroe Doctrine: From Political Act to Special Law

2.3 Conclusion

5 Chapter Three: UNILATERAL ACTS AS OBLIGATIONS ERGA OMNES

3.1 The Nuclear Tests Cases and Acts Erga Omnes

3.2 Obligations Erga Omnes

3.3 The Problem With Identifying Unilateral Acts That Were Obligations Erga Omnes

3.3.1 Intention

3.3.2 Autonomy

3.3.3 Revocation

3.4 Unilateral Acts as Unilateral Acts Erga Omnes Since the Nuclear Tests Cases

3.5 Unilateral Act as Obligation Erga Omnes: The Creation of a Universal Obligation

3.6 Conclusion

6 Chapter Four: UNILATERAL ACTS AS ESTOPPELS

4.1 Estoppels

4.1.1 Substantive Estoppel

4.1.2 Estoppels as a Bar to Proceeding before the ICJ

4.2 Unilateral Acts and Estoppel

4.3 Estoppels and Good Faith

4.4 Conclusion

7 Chapter Five: UNILATERAL ACTS AND THE PROGRESSIVE DEVELOPMENT OF INTENRATIONAL LAW

5.1 The ILC and Unilateral Acts

5.2 Intention

5.3 Autonomy

5.4 Revocation

5.5 The ILC, Unilateral Acts, and Sovereignty and Universality

5.6 Conclusion

8 Chapter Six: UNILATERAL ACTS, POLITICS AND INTERNATIONAL LAW

6.1 The Unilateral Declaration of Independence of Kosovo

6.2 Legalization and Kosovo’s Unilateral Declaration of Independence

6.3 Conclusion

9 Chapter Seven: CONCLUSION

10 Bibliography

11 Index

O autorze

Betina Appel Kuzmarov is an Assistant Professor in the Department of Law and Legal Studies and Associate Dean (Students and Enrolment) in the Faculty of Public Affairs at Carleton University, Ottawa, Ontario, Canada (Currently on Leave)