Трактовка соотношения принципа эстоппель и односторонних актов государств в международно-правовой доктрине

Abstract

The article is devoted to the problem of correlation of unilateral acts of states and the principle of estoppel. Scholars often advert to estoppel to support the binding force of unilateral acts of states. Some writers suppose that the minimum legal effect of any unilateral act is to create an estoppel, others contend that estoppel becomes absolutely superfluous when it is used to confirm the legal effect of uni-lateral declarations. Vital elements of the given institutions are examined and the conclusion is made that the scope of estoppel in the light of unilateral state acts is rather limited. When all the requirements are met, estoppel, indeed, may stand as a legal effect of unilateral act. However, it seems unnecessary to advert to estoppel for the purpose of substantiation of unilateral acts of states binding force.