Guiding Principles on Unilateral Declarations of States Capable of Creating Legal Obligations

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The Guiding Principles on Unilateral Declarations of States Capable of Creating Legal Obligations are a set of non-binding guidelines adopted by the International Law Commission that clarify when and how unilateral statements by states can generate binding obligations under international law.

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Statements (45)

Predicate Object
instanceOf International Law Commission product
set of non-binding guidelines
soft law instrument
addresses good faith in the making and performance of unilateral declarations
publicity of unilateral declarations
requirement of clear and specific wording in unilateral declarations
requirement that declarations be made by competent state authorities
adoptedBy International Law Commission NERFINISHED
aimsTo enhance legal certainty regarding unilateral declarations
provide guidance to states
appliesTo declarations capable of creating legal obligations under international law
unilateral statements formulated by states
basedOn jurisprudence of international courts and tribunals
practice of states
clarifies conditions under which unilateral declarations create legal obligations
legal effects of unilateral statements by states
concerns binding force of unilateral acts
conditions for validity of unilateral declarations
intention of the state making the declaration
interpretation of unilateral declarations
revocation or modification of unilateral declarations
context work of the International Law Commission on unilateral acts of states
developedBy International Law Commission Special Rapporteur NERFINISHED
emphasizes intention of the declaring state as decisive for binding effect
need for clarity and precision in unilateral declarations
principle of good faith in international relations
field public international law
goal promote consistency in the treatment of unilateral declarations in international law
hasAuthor International Law Commission NERFINISHED
intendedAudience international courts and tribunals
international law practitioners
international organizations
states
language United Nations official languages NERFINISHED
legalNature non-binding
recognizes possibility that unilateral declarations may create binding obligations
relatedTo law of treaties
sources of international law
state responsibility
statusUnderInternationalLaw soft law
subjectMatter international legal obligations
unilateral declarations of states
typeOfSource subsidiary means for the determination of rules of international law
usedBy international courts and tribunals as subsidiary means for determining rules of law
states as guidance in formulating unilateral declarations

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International Law Commission notableWork Guiding Principles on Unilateral Declarations of States Capable of Creating Legal Obligations