국제법상 국가의 단독행위의 개념 및 유형: 국가의 단독행위에 관한 ILC 논의를 중심으로

초록

In civil law, unilateral acts are considered to be a legal act which produces legal effects, as are contracts. But in international law, until the Nuclear Tests cases were delivered, the legal status of unilateral acts of States had been unclear. After the Nuclear Tests cases, the concept of unilateral acts of States have been deplored by academics. Despite the academic efforts, it has not been easy to establish the legal theory on unilateral acts of States. Thus, the ILC started to conduct research on the legal theory on unilateral acts of States in 1996. After about 10 years study, the ILC produced a final result which is titled, “Guiding Principles applicable to unilateral declaration of States capable of creating legal obligations”. This paper aims at defining the unilateral acts in international law and classifying their types. In defining and classifying the unilateral acts, the ILC reports on the unilateral acts of States were reviewed. The unilateral acts in strictu sensu are acts which are designed to produce legal effects without any collaboration of other entities. The unilateral acts are composed of the expression of wills of the States which want to make certain legal effects out of the unilateral acts. Acts which are related to treaties, or other existing norms are not considered to be the unilateral acts in strictu sensu, although they appear to be unilateral in form. In general, the unilateral acts are classified in material sense, such as promise, waiver/renunciation, recognition and protest. The promise means the expression of wills which creates the legal obligations of the promisor. The waiver/renunciation denotes the expression of wills which produces the effects of expiration of rights. The recognition is a unilateral act which takes cognizance of the legal rights or situations of others. The protest is an act which tries to preclude a certain legal effect to be produced by an act of others.

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