Примеры использования To estoppel на Английском языке и их переводы на Русский язык
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A broadly similar range of opinions was expressed with regard to estoppel.
Some representatives insisted that acts relating to estoppel should be examined in this study.
There is no doubt about the relationship between unilateral acts andacts pertaining to estoppel.
The Special Rapporteur further pointed out that although acts relating to estoppel could be categorized as unilateral acts in formal terms, they did not of themselves produce effects.
He also agreed with the reasoning of the Special Rapporteur with regard to estoppel and silence.
It has also been noted that continued consideration should be given to estoppel, which has already been commented upon in previous reports, and its relation to the study of unilateral acts.
For instance, unilateral acts involving the State's international responsibility and those leading to estoppel are excluded from the definition.
There was a striking difference between the action which could give rise to estoppel and the action which could give rise to the formulation of the unilateral act, as the Special Rapporteur had shown in paragraph 27 of his report.
Recommendation 2 was perplexing, since conduct of States which was similar to a unilateral act covered a wide range of measures, ranging from unilateral acts which were not autonomous, since they were governed by the rules of general international law, through unilateral acts specifically provided for in treaties andrelating to the institutions created by the latter, to estoppel and failure to act, although they did not fit the definition in recommendation 1.
Silence and acquiescence bear a close relationship to estoppel, as will be seen later when the question of declarations which in one way or another oblige the State to maintain a specific pattern of conduct is considered.
Although there is support for the proposition that the conduct of the respondent State during international proceedings may result in that State being estopped from requiring that local remedies be exhausted, paragraph(e)does not refer to estoppel in its formulation of the rule governing waiver on account of the uncertainty surrounding the doctrine of estoppel in international law.
The act that may give rise to recourse to estoppel is a unilateral State act; its importance, however, is perhaps less related to the definition of a unilateral act than to the application of such an act.
Turning to estoppel, the Special Rapporteur remarked that estoppel was a rule of evidence which had its origins in common law legal systems, but which had now found a place in the doctrine and jurisprudence of international law.
It should be borne in mind, as noted in previous reports, that the precise objective of acts andconduct relating to estoppel is not to create a legal obligation on the State using it; moreover, the characteristic element of estoppel is not the State's conduct but the reliance of another State on that conduct.
Moreover, it bears a close relationship to estoppel, in the sense that a given situation could make a State liable to exception if its consent to that situation, which could produce legal effects, might be inferred from its silence.
It was further observed that the examples cited by the Special Rapporteur with regard to estoppel were, without exception, cases in which an award or a judgement had stated that, since the respondent State had been silent regarding the failure to exhaust local remedies, it could not invoke that failure at a later stage.
Comments on this relation will be made as appropriate because, while it is true that these are different matters,the acts which give rise to estoppel are unilateral in form and may sometimes be confused with the unilateral acts referred to in the study undertaken by the Commission, especially in view of the fact that the author State could be obligated, by such an act, to adopt a given conduct.
Although in this decision the Court referred to the role that estoppel might play in respect of the validation of treaties, we believe that the same idea would be applicable to unilateral acts.
Inaction might amount to acquiescence orgive rise to an estoppel if it was based on detrimental reliance.
Lastly, while there was no provision in the articles regarding the time period for exercising diplomatic protection,it might be useful to consider applying the principles of prescription, estoppel or laches to diplomatic protection, without which both human relations and international relations would always be unstable.
According to some decisions, estoppel is also one of the general principles upon which the Convention is based; more specifically, it is a manifestation of the principle of good faith.
The application of the Charter is further governed by general principles of law, such as equity, good faith,victims' right to reparation, estoppel(ex injuria non oritur jus), and the overarching principles of equality, non-discrimination and the common heritage of mankind.
Thirdly, before beginning the first part of the report, which amounts to a recapitulation of the treatment of the topic,it would seem helpful to refer briefly to the issue of estoppel and its relationship to unilateral acts, an issue that has been mentioned on various occasions by representatives of Governments in the Sixth Committee.
Article 46. Estoppel to judge and self-estoppel.
I don't think Owen's receptive to promissory estoppel.
For estoppel to produce effects, a third State must have acted on the basis of that behaviour.
Doubts were expressed concerning the advisability of including a reference to the concept of estoppel. .
Under a further view,unless the problems relating to implied waivers and estoppel could be solved, subparagraph(b) should be deleted.
The conduct which gave rise to an estoppel could involve either a positive act or a passive attitude, such as silence.
According to one court, however, estoppel is a matter the Convention is not concerned with.