Unilateralism and Power of Revision

TL;DRAbstract

International relations are based on finding common ground among the diverse interests of States while respecting the unique interests of each State with regard to its sovereignty. Although a reliable set of rules and policies for international cooperation is in the common interest of all States, achieving this is often complicated by the unilateral policies and decisions of State actors. The availability of exception clauses in international agreements and, in particular, the manner in which some States take recourse to those exception clauses questions the reliability and confidence in the current international legal system. Moreover, the lack of effective judicial review of the unilateral actions taken under such clauses leaves open the possibility for more unilateralism in international law. A consideration of relevant case law dealing with the invocation of exceptions reveals a possible strategy for strengthening judicial review to prevent unjustified unilateral actions by States.

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