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International Law and International Organizations
Reference:
Kalamkaryan, R.A.
Estoppel as a separate principle of international law and the international legal meaning of an institution of estoppel
// International Law and International Organizations.
2010. № 2.
URL: https://en.nbpublish.com/library_read_article.php?id=57385
Kalamkaryan, R.A. Estoppel as a separate principle of international law and the international legal meaning of an institution of estoppel
Abstract:
In the first part of this article estoppel is analyzes as a separate principle of international law. The author establishes the differences between one-sided legal act, silent consent and the principle of estoppel. The author then comes to a conclusion that estoppel is a separate principle of modern international law, which is autonomous and independent. In the second part of the article, the international legal value of this principle is evaluated. The mechanism of estoppel, which is based on good faith and mutuality is aimed to ensure legal security of subjects of legal relations. The positive direction of the regulative influence of this principle is that through the requirement for consistent behavior of states it restores the mutual balance of subjective rights of states
Keywords:
international law, principle of international law, ICJ, legal security of subjects of law, obligation of consistent behavior of states, material and procedural principle of international law, means of evidence in open judicial proceedings, principle of go
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