Inferring a ‘dispute’ from state silence

HIGHLIGHTS

  • What: This article argues that opposition and a dispute can be inferred from state silence under specific cumulative conditions: when a claim has been made in circumstances that call for the silent state`s reaction; when the silent state is aware of the claim; and when reasonable time of silence passed. In any event, where state practice and judicial decisions offer little support for a particular condition, the analysis relies on normative reasoning that conforms to principles of international law, such as good faith, and on reasoning that is in harmony with international jurisprudence. The inference of . . .

     

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