The notion of abuse of rights is often condemned but difficult to apply as a rule of decision due to its diverse origins and justification in national and international doctrine, and its difficulty in application in comparative and international law. It is too nebulous to serve as a general principle of international law except when given context as part of a lex specialis.

Format: Paperback / softback
Length: 158 pages
Publication date: 11 August 2022
Publisher: Cambridge University Press

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.

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.

Weight: 246g
Dimension: 152 x 226 x 14 (mm)
ISBN-13: 9781108814836