Advances in Social Behaviour Research

Advances in Social Behaviour Research

Vol. 3, 01 March 2023


Open Access | Article

Whether Acquiescence Constitutes the Principle of Estoppel in Territorial Dispute Cases: Case of Temple of Preah Vihear as an Example

Kezheng Zhang * 1
1 Institute of Intellectual Property Rights, Xiamen University, No. 422 South Siming Street, Xiamen, China

* Author to whom correspondence should be addressed.

Advances in Humanities Research, Vol. 3, 414-418
Published 01 March 2023. © 2023 The Author(s). Published by EWA Publishing
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Citation Kezheng Zhang. Whether Acquiescence Constitutes the Principle of Estoppel in Territorial Dispute Cases: Case of Temple of Preah Vihear as an Example. LNEP (2023) Vol. 3: 414-418. DOI: 10.54254/2753-7048/3/2022525.

Abstract

The principle of estoppel and acquiescence are widely applicated in territorial disputes. In some cases, acquiescence can lead to estoppel, but the specific criteria for its application still need further clarification. Otherwise, the abuse of estoppel followed by acquiescence might result in a violation of the sovereignty of other States. In this study, we focused on the case of Temple of Preah Vihear to gain a more extensive understanding about the prerequisites of that acquiescence constitutes estoppel in territorial disputes, and we concluded the basic conditions that acquiescence acts might lead to estopple through other relevant cases and literatures.

Keywords

Acquiescence., Territorial Dispute, International Law, Estoppel

References

1. Case Concerning the Payment of Various Serbian Loans Issued in France (France v. Kingdom of the Serbs, Croats and Slovenes). Judgment (1929), P.C.I.J. Ser. A, No, 20.

2. E. Cooke, ‘The modern law of estoppel’, Oxford: Oxford University Press, 2000.

3. D. W. Bowett, 'Estoppel before International Tribunals and its relation to Acquiescence', British Yearbook of International Law, 33 (1957), p. 176.

4. I.C. MacGibbon, ‘The scope of acquiescence in international law’, British Yearbook of International Law, 31 (1954), p. 143.

5. Legal Status of Eastern Greenland (Norway v. Denmark). Judgment (1933), P.C.I.J. Ser. A/B, No. 53, p. 73.

6. Continental Shelf (Tunisia v. Libyan Arab Jamahiriya), Judgment (1982), ICJ Rep 18, p. 84.

7. L. Henkin, ‘I How nations behave’, Collected Courses of the Hague Academy of International Law, 114 (1965), p. 175.

8. H. Lauterpacht, ‘Sovereignty over Submarine Areas', British Yearbook of International Law, 27 (1950), p. 376.

9. Temple of Preah Vihear (Cambodia v. Thailand), Merits, Judgment (1962), ICJ Rep 6.

10. Temple of Preah Vihear (Cambodia v. Thailand), Preliminary Objections, Judgment (1961), ICJ Rep 17, p. 31.

11. The Island of Palmas (The United States of America v. The Netherlands), Award of the Tribunal (1928), II RIAA 829.

12. G. Triggs, ‘International Law: Contemporary Principles and Practices’, London: LexisNexis Butterworths, 2006, p. 227.

13. T. Hillier, ‘Principles of Public International Law’, New York: Routledge-Cavendish, 1999, p. 111.

14. Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia v. Malaysia), Judgment (2002), ICJ Rep 625.

15. Territorial and Maritime Dispute (Nicaragua v. Colombia), Preliminary objections, Judgment (2007), ICJ Rep 832.

16. State Council Information Office, The People's Republic of China, ‘Diaoyu Dao, an Inherent Territory of China (white paper)’ (2012).

Data Availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

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Volume Title
Proceedings of the 3rd International Conference on Educational Innovation and Philosophical Inquiries (ICEIPI 2022), Part II
ISBN (Print)
978-1-915371-09-6
ISBN (Online)
978-1-915371-10-2
Published Date
01 March 2023
Series
Lecture Notes in Education Psychology and Public Media
ISSN (Print)
2753-7048
ISSN (Online)
2753-7056
DOI
10.54254/2753-7048/3/2022525
Copyright
© 2023 The Author(s)
Open Access
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited

Copyright © 2023 EWA Publishing. Unless Otherwise Stated