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Estoppel (Definition and Some Quotations)
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Estoppel is the principle which precludes
a person from asserting something contrary
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to what is implied by a previous action or
statement of that person or by a previous
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pertinent judicial determination. In public
international law, the doctrine of estoppel
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protects legitimate expectations of States
induced by the conduct of another State. The
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term stems from common and Anglo-American
law, without being identical with the different
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forms found in domestic law. It is supported
by the protection of good faith (bona fide)
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in the traditions of civil law.
Historically, the principle of estoppel was
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borne out of a common law desire to prevent
an unjust departure by a party from an assumption
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adopted by another as the basis of some act
or omission which, unless the assumption is
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adopted, would operate to that party鈥檚 detriment.
Whether a departure by a party from the assumption
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should be considered unjust and inadmissible
depends on the part taken by him in occasioning
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its adoption by the other party.
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The situation of estoppel arises when a State鈥檚
conduct is clear, sustained and consistent
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and the other party relying on such conduct
has changed its position to its own detriment
