LLM Candidate, Wuhan University China Institute of Boundary and Ocean Studies (CIBOS), Wuhan, China (email: kaijunpan@yahoo.com).
Search for other works by this author on:Chinese Journal of International Law, Volume 16, Issue 4, December 2017, Pages 751–786, https://doi.org/10.1093/chinesejil/jmy001
02 February 2018Kaijun PAN, A Re-Examination of Estoppel in International Jurisprudence, Chinese Journal of International Law, Volume 16, Issue 4, December 2017, Pages 751–786, https://doi.org/10.1093/chinesejil/jmy001
Navbar Search Filter Mobile Enter search term Search Navbar Search Filter Enter search term SearchEstoppel is a principle of international law recognized by the International Court of Justice, the International Tribunal for the Law of the Sea and other courts and tribunals. And international courts and tribunals are generally consistent in setting out the requirements for invoking this principle. Nevertheless, international lawyers still doubt “its incidence and effects” and sometimes get confused with its relationship with other concepts. This article further clarifies the requirements of estoppel based on past jurisprudence. On this basis it argues that acquiescence can be regarded as a special form of estoppel. Estoppel and tacit agreement, unilateral declarations and bilateral custom are similar legal regimes but they should be distinguished from each other to avoid fragmentation. Estoppel properly defined can contribute to mutual trust and stability in the international community.