Guiding Principles Applicable To Unilateral Declarations of States Capable of Creating Legal Obligations
Guiding Principles Applicable To Unilateral Declarations of States Capable of Creating Legal Obligations
Guiding Principles Applicable To Unilateral Declarations of States Capable of Creating Legal Obligations
3.
To determine the legal effects of such declarations, it is necessary to take account of
their content, of all the factual circumstances in which they were made, and of the reactions to which
they gave rise;
4.
A unilateral declaration binds the State internationally only if it is made by an
authority vested with the power to do so. By virtue of their functions, heads of State, heads of
Government and ministers for foreign affairs are competent to formulate such declarations. Other
persons representing the State in specified areas may be authorized to bind it, through their declarations,
in areas falling within their competence;
5.
6.
Unilateral declarations may be addressed to the international community as a whole,
to one or several States or to other entities;
7.
A unilateral declaration entails obligations for the formulating State only if it is
stated in clear and specific terms. In the case of doubt as to the scope of the obligations resulting from
such a declaration, such obligations must be interpreted in a restrictive manner. In interpreting the
content of such obligations, weight shall be given first and foremost to the text of the declaration,
together with the context and the circumstances in which it was formulated;
8.
A unilateral declaration which is in conflict with a peremptory norm of general
international law is void;
9.
No obligation may result for other States from the unilateral declaration of a State.
However, the other State or States concerned may incur obligations in relation to such a unilateral
declaration to the extent that they clearly accepted such a declaration;
10.
A unilateral declaration that has created legal obligations for the State making the
declaration cannot be revoked arbitrarily. In assessing whether a revocation would be arbitrary,
consideration should be given to:
(i)
(ii)
the extent to which those to whom the obligations are owed have relied on such
obligations;
(iii)
the extent to which there has been a fundamental change in the circumstances.
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