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The question of the validity of a unilateral state act is essential for establishing a credible basis for defining such anact of law. Naturally, in the definition itis the most general, basic criterion separating the unilateral state act from other acts and giving it its own distinctive features.
In The Creation of States in International Law, Crawford lists five general legal characteristics of States, including the following: (1) In principle, States have plenary competence to perform acts, make treaties and so on in the international sphere: this is one meaning of the term ‘sovereign’ as applied to States.
This chapter explains and vindicates in particular the idea that not every state is a law-state. Essential to the argument is the differentiation between law and politics. Law is institutional normative order, whereas politics is an order of power.
30 cze 2023 · At its forty-eighth session, in 1996, the International Law Commission, on the basis of the recommendation of a Working Group on the long-term programme of work, identified the topic of...
This chapter presents an account of the juristic concept of the state. It first explains how, through a series of protracted struggles over its meaning, the idea of the state emerged and it shows how, within this historical account, the state is inextricably linked to the concept of sovereignty.
22 kwi 2020 · This article explains the concepts of the immunities of the foreign state and its agents, as a procedural obstacle to the exercise of jurisdiction by national courts, and the act of state doctrine, as a self-limitation of a domestic court to examine the merits of a dispute concerning the validity of acts of a foreign state adopted within the ...
1 cze 2015 · The law observing state is formally characterized by functioning on the basis of,and within the limits of law whereas its substantial dimension means that the law is equal(equal for everyone).
