La obligación de los estados de celebrar consultas en el Derecho internacional contemporáneo

Abstract

This study examines the role and the value of prior consultation among nations in international law. International disputes frequently occur when one nation, wiht no hostile intent, takes unilateral action that adversely affects the interests of other nations. It is generally acknowledged that some of these disputes could be avoided, and other could be ameliorated, if the acting government would asses beforehand the risk of harm to other nations. The most effective way to do this is through prion consultation with representatives of potentially affected nations. Thus, it is important to determine the circumstances in which international law imposes on them a duty to consult. To the extent that international law does impose such a duty, it arises fron treaties and from other state practice conducted with the understanding that normative expectations dictate that course of conduct. Whits this clarification of the circumstances requiring prior consultation, international consultation mechanisms may be made more effective.