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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
independence. All of these actions have generated tension both
domestically and internationally. However, even though the
potential for unilateral action has been receiving a lot of
attention, the larger issue of the legality of unilateral acts is
often hard to discern. This book provides a history of the doctrine
of unilateral acts in international law, tracing their treatment in
the international sphere from consent based acts, to obligations
erga omnes, to acts of estoppel. Through chapter-by-chapter case
studies, this book traces the "legalization" of the category of
unilateral acts from its 19th Century foundations into a broad
category of obligation. To understand why and how this occurred,
this book examines the history of the legal doctrine of unilateral
acts, which shows that in spite of efforts to progressively make
unilateral acts "legal" they are still not precisely defined or
easy to apply, challenging the very commitment these acts are meant
to establish.
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
independence. All of these actions have generated tension both
domestically and internationally. However, even though the
potential for unilateral action has been receiving a lot of
attention, the larger issue of the legality of unilateral acts is
often hard to discern. This book provides a history of the doctrine
of unilateral acts in international law, tracing their treatment in
the international sphere from consent based acts, to obligations
erga omnes, to acts of estoppel. Through chapter-by-chapter case
studies, this book traces the "legalization" of the category of
unilateral acts from its 19th Century foundations into a broad
category of obligation. To understand why and how this occurred,
this book examines the history of the legal doctrine of unilateral
acts, which shows that in spite of efforts to progressively make
unilateral acts "legal" they are still not precisely defined or
easy to apply, challenging the very commitment these acts are meant
to establish.
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