The Unruly Notion of Abuse of Rights

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The Unruly Notion of Abuse of Rights image
ISBN-10:

1108840698

ISBN-13:

9781108840699

Author(s): Paulsson, Jan
Released: Aug 06, 2020
Format: Hardcover, 150 pages
Related ISBN: 9781108814836

Description:

Everyone condemns what they perceive as 'abuse of rights', and some would elevate it to a general principle of law. But the notion seldom suffices to be applied as a rule of decision. When adjudicators purport to do so they expose themselves to charges of unpredictability, if not arbitrariness. After examining the dissimilar origins and justification of the notion in national and international doctrine, and the difficulty of its application in both comparative and international law, this book concludes that except when given context as part of a lex specialis, it is too nebulous to serve as a general principle of international law.

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