Beruflich Dokumente
Kultur Dokumente
Faso/Mali)
Brief Fact Summary. A declaration made by the Malian Head of State was
interpreted to be a unilateral act.
Issue. Are states bound by the terms of unilateral declarations made by heads of
states, only when the intention confers on the declaration, the character of a legal
undertaking?
Held. Yes. States are bound by the terms of unilateral declarations made by
head of state only when the intention confers on the declaration, the character of
a legal undertaking. It is left for the court to “form its own view of the meaning
and scope intended by the author of a unilateral declaration which might create a
legal obligation.” In this case, nothing holds the parties back from entering into a
formal agreement. Hence, there is no basis to interpret the Mali Head of State’s
declaration as a unilateral act with legal implications since no such agreement
was entered into.