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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'etre 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.
This volume collects the materials underlying the International
Colloquium "Conciliation in the Globalized World of Today", held on
11 and 12 June 2015 in Vienna under the auspices of the Court of
Conciliation and Arbitration within the OSCE. The aim of the
Colloquium was to examine the merits and possible shortcomings of
this method of conflict resolution, and it concluded that the pros
heavily outweigh the cons.
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