State Silence as Acceptance: A Presumption and an Exception

25 Pages Posted: 31 Aug 2023

See all articles by Danae Azaria

Danae Azaria

University College London - Faculty of Laws

Date Written: June 30, 2023

Abstract

This study considers State silence which may entail acquiescence and can thus contribute inter alia to the formation of historic rights, the identification of customary international law, and the interpretation of treaties over time. Relying on the historical understanding of acquiescence in British and francophone literature, it argues that there are probability and normative justifications for establishing acquiescence as a ‘presumption of acceptance’ in international law, and that these considerations have influenced the modern international law understanding of acquiescence as an exceptional occurrence subject to stringent qualifications.

Keywords: silence; acquiescence; custom; treaty interpretation; presumptions; exceptions

Suggested Citation

Azaria, Danae, State Silence as Acceptance: A Presumption and an Exception (June 30, 2023). British Yearbook of International Law, Faculty of Laws University College London Law Research Paper No. 15/2023, Available at SSRN: https://ssrn.com/abstract=4537590

Danae Azaria (Contact Author)

University College London - Faculty of Laws ( email )

Bentham House
4-8 Endsleigh Gardens
London, WC1E OEG
United Kingdom

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