قاعدة الإغلاق Estoppel في القانون الدولي

الملخص EN

The Estoppel rule is that rule which prevent the state from taking behavior or attitude or claim contrary to what previously proved to be adopted explicitly or implicitly, but clear does not accept the confusion, if as a result of that behavior or attitude or claim other state(s) has arranged in good faith their attitudes or behaviors or claims.

This rule finds its legal basis in the principles of justice, as it does not allow a person to eludes of his international obligations.

Estoppel rule takes certain legal nature in each case to suit the facts of that case.

It may appear as prove rule in certain cases, or may appear as an objective rule of law in other cases, depending on the facts and circumstances of each case.

This rule finds its basic sources in the principle of good faith, the principles of recognition, and the principle of consent.

To apply the rule there are three conditions, the first is the clarity of the meaning of the statement, the second is that the statement should be voluntary and unconditional, and the third condition is to invoke in good faith based on the statement of one party to the other.

Finally this rule finds its applications primarily in international legal acts, whether treaty international legal acts or unilateral international legal acts