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Max Planck Encyclopedia of Public International Law [MPEPIL]

Estoppel

Thomas Cottier, Jörg Paul Müller

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 27 November 2020

Subject(s):
General principles of international law — State practice — Customary international law — Soft law — International organizations, practice and procedure — Treaties, effect for third states — Vienna Convention on the Law of Treaties

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 In public international law, the doctrine of estoppel protects legitimate expectations of States induced by the conduct of another State. The term stems from common and Anglo-American law, without being identical with the different forms found in domestic law. It is supported by the protection of good faith (bona fide) in the traditions of civil law. Despite varying perceptions and definitions in doctrine and practice, the following features and essential components of estoppel in public international law are generally accepted today, as stated by Judge Spender...
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