Abstract

TELLEZ NUNEZ, Andrés. Estoppel and the New York Convention. Economic aspects of an hermeneutical and axiological approach. Derecho glob. Estud. sobre derecho justicia [online]. 2018, vol.4, n.10, pp.101-126.  Epub Oct 14, 2020. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v0i10.197.

This Article puts forth the following working hypothesis by which it is asserted that on the basis of comparing certain interpretations of Article V-2b of the New York Convention with the notion of estoppel, such interpretations may be tantamount to a violation of international law. The method implemented to demonstrate the working hypothesis is hermeneutical-analytical and several examples of treaties in force or declarations made by the States are laid out to show how estoppel may be or is actually impaired. This Article is divided into two parts: the first one lays out certain preliminary clarifications from the doctrine and jurisprudential viewpoint and the second one examines the issue of States declarations and estoppel in the light of a recent ruling in Colombia. On the basis of the Article findings, it is concluded that States may be and need to be flexible as to trade and investment policies, but would need to be rigid as to the observance of juridical principles and values.

Keywords : Estoppel; New York Convention; good faith; pacta sunt servanda.