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Items
Details
Author
Title
The unruly notion of abuse of rights / Jan Paulsson.
Imprint
Cambridge : Cambridge University Press, 2020.
Description
1 online resource (xiii, 144 pages) : digital, PDF file(s)
Formatted Contents Note
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.
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.
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.
Note
Title from publisher's bibliographic system (viewed on 17 Jul 2020).
Location
www
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781108887229 (ebook)
9781108840699 (hardback)
9781108814836 (paperback)
9781108840699 (hardback)
9781108814836 (paperback)
Record Appears in