UNILATERAL ACTS OF A STATE IN THE PROCESS OF FORMING CUSTOMARY INTERNATIONAL LAW

Jan Kolasa

Abstract


Regardless of how broad acceptance within the academic community is for the formula that domestic legislation is acknowledged in international law as merely a fact, nearly equally prevalent is the conviction that the unilateral acts of states can be the basis for the creation of customary norms of international law. They can initiate and reinforce a practice constituting one of the two primary elements comprising the creation of a customary norm. They therefore do not constitute in and of themselves such a basis, but a certain practice has arisen in conjunction with them. They must be implemented. In any case, law-making practice can arise and establish itself without any written act or verbal declaration. It can simply be the result of the behaviour of states – their acts and omissions.

Keywords: unilateral acts of a State, customary international law, law-making process


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