Azaria, Danai;
(2024)
State Silence as Acceptance: A Presumption and An Exception.
British Year Book of International Law
, Article brae002. 10.1093/bybil/brae002.
(In press).
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Abstract
This study considers State silence which may entail acquiescence and can thus contribute inter alia to the formation of historic rights, the identification of customary international law, and the interpretation of treaties over time. Relying on the historical understanding of acquiescence in British and francophone literature, it argues that there are probability and normative justifications for establishing acquiescence as a ‘presumption of acceptance’ in international law, and that these considerations have influenced the modern international law understanding of acquiescence as an exceptional occurrence subject to stringent qualifications.
| Type: | Article |
|---|---|
| Title: | State Silence as Acceptance: A Presumption and An Exception |
| DOI: | 10.1093/bybil/brae002 |
| Publisher version: | https://doi.org/10.1093/bybil/brae002 |
| Language: | English |
| Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. |
| UCL classification: | UCL 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/10175057 |
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