Representation in the Doctrine of Estoppel in International Law

Abstract

Effective relations between international actors require that these must be able to place their trust in the representations made by others, in particular, when such representations directly or indirectly affect. More specifically, a State ought to act in such a manner so that other subjects of international law are able to rely on such acts or statements and comport themselves accordingly. Mere reliance per se does not give rise to potentially far-reaching legal consequences, however, reliance, which is legitimate and therefore worthy of legal protection, must be recognised as such and shielded. The practical promotion of consistency occurs in international law (as in several domestic legal orders) by way of the application of, inter alia, the doctrine of estoppel, the existence of which is trite law. Notwithstanding several applications of this doctrine, which in essence shields an innocent party from the detrimental consequences of reliance on the actions of another party, by international tribunals, the International Court of Justice has declined to elaborate extensively on the dogmatic basis of the doctrine, its specific elements or its application

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