Dos atos jurídicos unilaterais dos estados como fonte de direito internacional

Abstract

Unilateral acts are current usages in the political life of States, especially with the beginning of the phenomenon of globalization, when quick answers are necessary. They have the intent to create juridical obligations to the State which have conceived them, when there is the absence of conventional and consuetudinary rules on the fact that have generated them. They are considered by the most modern doctrine and international jurisprudence as formal sources of law not enumerated in the article 38 of the International Court of Justice Statute, since they do not violate principles of jus cogens, what would cause international responsibility. Due to the numerous forms that they can be formulated, efforts from several international organisms are being made to try to regulate them in order to provide juridical security in international relations. Since 1996, United Nations International Law Commission have been producing reports which analyze numerous aspects of these juridical acts, such as validity conditions, basis for the binding nature, causes of nullity and interpretation, what will culminate in the formulation of their guiding principles. So it is discussed who can formulate them, which juridical relations can be created and under what conditions they are valid to be considered as sources of international law.