On Estoppel In The Jurisprudence Of The International Court Of Justice And The Permanent Court Of International Justice Application

In the process of improving the international legal system,the estoppel rule,which originated in domestic law,was introduced into international law and played an increasingly important role in the resolution of various international disputes,and the use of the theory in the international permanent court and International Court of Justice enriches theoretical research on it in international law.The estoppel is to a certain extent a complement to the principle of the treaty in international law and the principle of good faith in fulfilling international obligations.There are not a few international judicial practices that use estoppel to solve practical problems,but the theoretical discussion on it is minimal.It is precisely because of this fact that its practice in international law is ahead of the characteristics of theoretical research,which in turn constrains its development in international law.In the article,the author discusses a series of questions about the prohibition of estoppel in the application of international law.First of all,the author briefly describes the origin and development of the estoppel principle in international law,then it clarifies that there are two default and unilateral statements in the expression of estoppel,and the legal status of estoppel as a basic legal principle in international law,And the difference between it and the estoppel of domestic law.Secondly,the author selects typical cases from the jurisprudence of the Permanent Court of International Justice and the International Court of Justice.The default estoppel is to choose the case conserning the Temple Preah Vihear and the Sovereignty over Pedra Branca/Pulau Batu Puteh,Middle Rocks and South Ledge.The unilateral statement prohibits the estoppel from selecting the nuclear test case and the East Greenland case.A comparative analysis of these cases summarizes the conditions,applicable characteristics,and existing problems that need to be met in the trial practice of the International Permanent Court and the International Court of Justice.Finally,the author selects examples of territorial disputes between China and neighboring countries,investigates the Sino-Indian border dispute,the Sino-Japanese Diaoyu Islands dispute,and the Sino-Philippines and Sino-Vietnamese sand island disputes,trying to play a role in prohibiting estoppel in such disputes.The positive role of the analysis has been carried out in the hope that the theory will be better used in the future to safeguard our national interests.In all legal systems,there should be a system that prohibits estoppel,to prevent one party from inducing another good-will party because of the ruin.The author hereby appeals to hope that more international law scholars can pay attention to this theory in order to solve many difficult problems in international judicial practice.Its development and continuous improvement are also the inevitable trend of future international law.