The article explores the question of interpretation of unilateral acts in international law both from the perspective of ascertaining their binding force (law determination) and from the perspective of ascertaining their content (content determination). It argues that the objective intention of the author to be bound is what distinguishes binding commitments of unilateral origin from non-binding ones. In turn, this involves the interpretation of a unilateral act in accordance with its content and the circumstances surrounding its making. In practice, the use of clear and specific wording in conjunction with a set of contextual indicators are indicia of the intention to create a binding unilateral commitment. Against this backdrop, the article continues by addressing the question of interpretation of unilateral acts from the standpoint of ascertaining their content. It shows that the text of the act is the primary consideration in determining its content—and that its context as well as the circumstances surrounding its making are also interpretative elements that need to be taken into account. Due to the unilateral origin of these acts the interpretative rule applicable to international agreements can only be used as a point of reference when it comes to interpreting the content of these acts. In this light, the article concludes that more practice is needed in order to elucidate the exact role and weight that should be ascribed to non-textual elements in the context of interpreting unilateral acts. At the same time, the article argues in favour of adopting a broader approach to the concept of ‘interpretation’ in international law. Viewing interpretation not merely as content determination but also as law ascertainment allows us to better assess the persuasive value of arguments in favour or against certain interpretative rules when practice is scant—as is the case with unilateral acts.
This paper develops a metaphor that shows academia as a temple of science where acolytes and priests devote themselves to building and developing an arcane lore that supports their faith. Though a somewhat strained metaphor, its heuristic value will become clearer when illustrated by lessons drawn from the sociology of knowledge. Through these lessons, I will attempt to demonstrate that the university setting has inexorably influenced the theories that have developed there, particularly in contributing to the perception of a gap between theory and practice that an applied, problem-solving field such as public administration can ill afford. 相似文献
The recent reform of the European Structural Funds led to a wide‐ranging set of lobbying activities on the part of UK regions which felt their previous allocations were likely to be threatened. Much of this activity took place through existing networks or alliances of networks at a national and transnational level. This paper examines the issues at stake in the reforms, the attitudes of the networks to those issues and the need for networks to have a common focus, adequate resources and effective internal communication structures to be effective. 相似文献