НАПОМЕНE О ЕСТОПЕЛУ У МЕЂУНАРОДНОМ ПРАВУ
REMARKS ON ESTOPPEL IN INTERNATIONAL LAW

Summary/Abstract: The article offers the analysis of the theory of estoppel in international law. Estoppel may create an international obligation for a state and as such can be a ground for its international responsibility. Estoppel by representation exists if there is a statement or representation made by one party to another and if the other party relied on this representation to his detriment or to the advantage of the party making it. Such a representation must be clear and unequivocal which can reasonably lead another party to change its position on its own detriment. The author points that estoppel has a dual function in international proceedings through the case law of international courts and arbitrations. To this end the author provides an overview of cases of the International Court of Justice (Serbian Loans, Diversion of Water from the Meuse Nicaruagua, El Salvador Honduras Frontier Dispute, Nuclear Tests) with special reference to and critical review of the recent preliminary objection judgment of the ICJ in the Genocide case between Croatia and Serbia, as well as the case law of the European Court for Human Rights and international arbitrations (ICSID arbitration). The author also refers to the work of the International Law Commission in the field of unilateral acts and state responsibility.

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