Article

Estoppel

Emmanuel Voyiakis

in International Law

ISBN: 9780199796953
Published online March 2012 | | DOI: http://dx.doi.org/10.1093/obo/9780199796953-0058
Estoppel

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  • International Law
  • International Courts and Tribunals
  • Private International Law and Conflict of Laws
  • Public International Law

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As it is most commonly described, estoppel is a rule of international law that bars a party from going back on its previous representations when those representations have induced reliance or some detriment on the part of others. Although estoppel is now a firmly established rule of international law and is being invoked and applied in an increasingly wide variety of contexts, international lawyers have yet to uncover all its secrets. On the one hand, contemporary practice shows that arguments about estoppel are as likely to appear in the context of a dispute about international trade or human rights as they are to appear in the context of (more traditional) disputes about title over territory or nationality. On the other hand, important disagreements and unresolved questions still remain about the practical requirements of estoppel (and, in particular, the need for detrimental reliance); its relationship to neighboring concepts, such as acquiescence; its proper categorization among the sources of international law; the significance of common law estoppel and its counterparts in other legal systems for the purposes of international law; and the normative basis of estoppel, especially its relationship with broader principles of international law, such as good faith and equity. The open character of these questions suggests that research on estoppel is likely to flourish in the years to come. Antoine Martin’s L’estoppel en droit international public: Précède d’un aperçu de la théorie de l’estoppel en droit anglais (Martin 1979, cited under As Customary International Law) is still the only generally available monograph on estoppel in international law, but this deficit is offset by a wealth of important articles and book chapters. As a general matter, researchers of estoppel in international law need to cast their net wide in three senses. First, the historical roots of estoppel in the common law tradition make it worthwhile (though probably not absolutely necessary) to explore the variety and development of estoppel in that tradition and the possible counterparts of estoppel in other national legal systems. Second, estoppel is almost always discussed in relation to other, neighboring concepts and principles of international law, so it is essential to take into account not only broad treatments of “general principles” in international law, but also works on acquiescence, preclusion, prescription, waiver, unilateral acts and declarations, the protection of reasonable/legitimate expectations, good faith, equity, and so on. Third, many useful discussions and analyses of estoppel are context-specific, so research on estoppel should also take in some aspects of specialist literature on acquisition of territory, international adjudication, protection of foreign investment, nonviolation complaints under the WTO Dispute Settlement Understanding, and so on. The aim of this article is to give the reader a rounded view of the available literature and, hopefully, to stimulate fresh research.

Article.  12525 words. 

Subjects: International Law ; International Courts and Tribunals ; Private International Law and Conflict of Laws ; Public International Law

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