Vol. 3, 03 March 2023
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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.
Acquiescence., Territorial Dispute, International Law, Estoppel
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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.
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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).
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
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