The unruly notion of abuse of rights / Jan Paulsson.

Format:

Book

Author/Creator:

Paulsson, Jan, author.

Language:

English

Subjects (All):

Abuse of rights.

Physical Description:

1 online resource (xiii, 144 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2020.

System Details:

text file

PDF

Summary:

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.

Contents:

Matters of nomenclature

An idealistic but troublesome impulse

A cacophony of criteria

A 'principle' with no rules?

The challenge of establishing universal principles

The politis/Lauterpacht quest to elevate abuse of right

Rejection and retrenchment

The vanishing prospect.

Notes:

Title from publisher's bibliographic system (viewed on 17 Jul 2020).

Other Format:

Print version:

ISBN:

9781108887229

Access Restriction:

Restricted for use by site license.