Lessons from the International Law Commission to codify unilateral acts of the States. Problems, discussion and evolution of international law

Published: Jan 15, 2023
ICJ; ILC; unilateral acts; international public law; VCLT.
Jon Neals

This paper seeks critically and with the jurisprudential methodology of the International Court of Justice to shed light on the work carried out for many years within the International Law Commission in relation to unilateral acts. Is this a completed work, or is the codification missing? Is there arrogance of certain States that want to follow their own interests in the codification of the work completed? Is there a non-compliant silence from other States that have not taken a concrete position during the proceedings? These are some of the topics that are presented and discussed in this work. The completed work cannot be said to be a codification work, but a work in progress for the next few years. Many gaps and many problems perhaps due to the lack of international good faith. The obligation of the participating States is to take into consideration the substance and raise awareness of the importance of this work in order to be able to speak of a work far from the Vienna Convention in the coming decades but certainly of an original codification that every international convention must have.

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