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Representation in the Doctrine of Estoppel in International Law

O'Brien, K; (2011) Representation in the Doctrine of Estoppel in International Law. In: The Irish Yearbook of International Law, Volume 3, 2008. (pp. 69-90). Bloomsbury Publishing Green open access

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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.

Type: Book chapter
Title: Representation in the Doctrine of Estoppel in International Law
ISBN-13: 9781849460729
Open access status: An open access version is available from UCL Discovery
DOI: 10.5040/9781472565389.ch-004
Publisher version: https://doi.org/10.5040/9781472565389.ch-004
Language: English
Additional information: This version is the version of record. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10110510
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