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Promises of States under International Law (Studies in International Law), by Christian Eckart
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This book is concerned with the type of unilateral declaration that arises when a state announces its intention to follow a certain future course of conduct. Such declarations are extremely common, as a look at the weekly headlines of any major newspaper will quickly reveal. Many of these declarations made at the highest level are, of course, extremely and vaguely expressed, and are far from possessing a tangible legal commitment. But others deliver a very clear message. For instance, the United States' April 2010 declaration on the future use of nuclear weapons, or Kosovo's declaration of independence pledging to, inter alia, follow to its last letter the Ahtisaari Plan, may be taken as two very recent and prominent examples of unilateral declarations at the international level. In looking at such declarations, this book raises, as well as answers, the question of the precise legal value of such pledges in the realm of public international law. However, while such state 'promises' are broadly accepted as existing in the international legal sphere, the legal framework for such promises turns out to be far from clear, despite the International Law Commission's Guiding Principles adopted in 2006. Indeed, the Principles left many vital issues unanswered, which is why this book's focus on the difficulties is particularly welcomed. This is the first book to present a comprehensive overview of the legal effect of promises by states in international law. It is based on a thorough examination of International Court of Justice case law, state practices, scholarly writings, and opinions within the International Law Commission. (Series: Studies in International Law - Vol. 37)
- Sales Rank: #4790336 in Books
- Published on: 2012-01-06
- Original language: English
- Number of items: 1
- Dimensions: 9.25" h x 6.25" w x 1.00" l, 1.30 pounds
- Binding: Hardcover
- 356 pages
Review
In sum, Eckart has produced a detailed analysis of the legal regime for promises of states international law. He vividly presents the current, albeit limited, State practice on the topic. The book is dedicated to a topic that has not previously received sufficient attention from scholars of international law, an omission now made good by Eckart's excellent study. (translated from the original German) (Dr Charlotte Kreuter-Kirchhof Archiv des Völkerrechts Vol 5/12)
This is a superbly produced and edited book.and it is elegantly written. (Wade Mansell Law and Politics Book Review Volume 23, No. 2)
The great achievement of the book is that it has been able to demonstrate the usefulness and legitimacy of the concept of promise in international law. . . . The book contains a full discussion of all the issues which unilateral promises can raise in diplomatic practice. . . .
In sum, the book may be called an outstanding complement to the existing legal literature on a key issue of contemporary international law. It will be indispensable reading for any lawyer interested in the concept of unilateral promises in international law. (From the Foreword by Christian Tomuschat)
About the Author
Christian Eckart is an articled clerk at the Higher Appellate Court of Berlin.
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