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Chinese Journal of International Law 2004 3(2):421-439;
© 2004 by Oxford University Press
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© Oxford University Press

Acquiescence/Estoppel in International Boundaries: Temple of Preah Vihear Revisited

Phil C.W. Chan, LLB Honours *

The University of Hong Kong

Boundaries between States have long been a major source of international conflicts, and international law has adopted the principles of acquiescence and estoppel in stabilising and adjudicating upon any such frictions. Whilst the principles have generally served their purpose, the International Court of Justice failed to apply them correctly in Temple of Preah Vihear, a decision that will be scrutinised herein against the essential elements of acquiescence and estoppel.


*LLM International Legal Studies (Elect), University of Durham. Editorial Board Member, The International Journal of Human Rights, journal of Homosexuality. Assistant Editor, Chinese Journal of International law. Thanks are due to the editors and reviewers of the Chinese Journal of International law for their helpful comments on earlier drafts, as well as their brilliant editing resulting in the final version, of this paper. I am furthermore grateful to Dr. Kaiyan H. Kaikobad of the University of Durham for his patient dissemination of knowledge on the important and complex area of international law of tide to territory and boundaries; and to my good friends Paul Serfaty, Aisling O’Sullivan, and Felizmina Lutucuta for the numerous discussions over international law and other matters which have enriched this paper enormously.


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