On Unilateral Legal Acts Of States

Since the end of last century, as the result of rapid technologic advances, there have been more conveniences in the communication of States, and States have had more various means for expressing and transmitting the attitudes of theirs. In their conduct in the international sphere, States frequently carry out unilateral acts with the intent to produce legal effects. There is a system of the legal acts of States, which comprises the unilateral legal acts of States and the treaties (multilateral legal acts of States). This thesis makes a study of some questions of the unilateral legal acts of States with the essential theories of legal act and the study is based on the practices of States.This thesis consists of five parts:Chapter I: The General Theory of the Unilateral Legal Acts of the States. In the fist place, we elaborate the definition of the unilateral legal acts of States, and in my opinion, they are "unilateral acts conducted by States with the intention to produce legal effects in the regime of international law"; Secondly, we examine the essences of unilateral legal acts of States, and put forward that "unilateral legal acts of States are not only sources of international obligations, but sources of international law", and then prove this point of view through the comparison between formal unilateral legal acts of States and substantial unilateral legal acts of States; Lastly, we talk about the legal basis of the bound nature of unilateral legal acts of States, and we believe that unilateral legal acts of States and treaties have the same bound basis, and we could find the answer from the will of States, principle of good faith, basic rule, customary international law or general principles of law.Chapter II: Classification of the Unilateral Legal Acts of the States. This chapter refers to the slants of authors' and States' on the classification of unilateral legal act of States. Generally speaking, authors often classify unilateral legal act of States according to two norms: "material criterion or the content of act" and "legal effects", and the classification of States is diversified and unsystematic. In succession, we deliberate four typical classifications: promise, recognition, protest and renunciation.Chapter III: Conditions of Validity of Unilateral Legal Acts of the States. Generally speaking, conditions of validity of legal acts consists of formal conditions and substantial conditions, however, in the case of unilateral legal acts, we shall concentrate on the substantial conditions because unilateral legal acts do not demand strictly formal acts. This chapter argues that the substantial conditions of validity of unilateral legal acts includes: (1) the ability of States to formulate legal acts; (2) expression of will without flaw; (3) abide by the international law.Chapter IV: Interpretation of Unilateral Legal Acts of States. This chapter discusses the general theory of the interpretation of law. It mentions two standpoints of interpretation: the subjective interpretation and the objective interpretation; It also mentions the distinction between the interpretation of law and the interpretation of legal acts, and there are some characters in the regime of international law. Then this chapter specifies the special rules related to interpretation of unilateral legal acts, and elaborates them respectively: interpretation in good faith, in the light of the intention of author State, context, preparatory work and circumstances of formulation of the act.Chapter V: Some Kinds of Act Which Be Excluded. Some acts of States are formulated unilaterally, however, they do not constitute legal acts of States, and the district conditions adopted in the definition of Unilateral legal acts of States also exclude some important acts which States elaborate unilaterally. This chapter discusses some kinds of these acts. Such as offer, acceptance, signature, ratification, deposit of an instrument of ratification, denunciation, suspension, termination, accession, reservation etc, which are linked to treaties an...