國家에 의한 一方的 宣言의 國際法的 效果에 관한 硏究 = Validity of Unilateral Declaration under International Law

다국어 초록 (Multilingual Abstract)

In the nuclear Test Case (1974), International Court Justice has recognized the binding effect of French declaration, unilateral in form, based on the fact that it was "given publicly, and with an intent to be bound". In 1947, the military tribunal in Nurmberg cited Hitler's pronouncement that Germany would respect the territorial integrity of Austria and Czechoslovakia as the ground for the indictment. Even earlier, Permanent Court of International Justice recognized the validity of Norwegian Foreign Minister's oral statement, unilateral in character, as a ground for the decision in the Eastern Greenland Case(1932).
In international relations, it is not infrequent that governments issue unilateral proclamations or make offers and declarations toward international community in general or toward a specific state in particular. The Egyptian declaration of 1957 regarding its intention pertaining to the operation of the newly nationalized Suez Canal is an example of the former, and the "recognition" of particular state or government is an example of the latter.
In examining the legal validity of unilateral or pronouncements, it appears that, in order for a declaration so made unilaterally to have the binding force, it must meet, at minimum, several conditions: (1) that the declaration is made by an entity or authority which, under international law, possesses legal capacity to enter into foreign relations, (2) that the declaration so made is made "publicly", as an expression embodying intent to be bound, and (3) that the target state or entity has utilized the declaration in basing its rights or obligations(explicit or implicit) regarding the respective subject matter.
However, inasmuch as the as the declarant state cannot be prevented from withdrawing from the commitment so made unilaterally, it does not follow that declarations made unilaterally are nominally binding. But the fulfillment of the conditions, above stated, would substantially strengthen the case for its "contractual" character.

목차 (Table of Contents)

• Ⅰ. 序 論
• Ⅱ. 國際法上 一方的 宣言에 관한 一般的 考察
• 1. 要件 및 槪念
• 2. 類 型
• 3. 一方的 宣言과 國際法의 淵源
• Ⅲ. 一方的 宣言의 拘束力
• 1. 一般的으로 인정되는 要件
• 2. 追加要件의 問題
• Ⅳ. 結 論