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The Unruly Notion of Abuse of Rights

By: (Author) Jan Paulsson

Manufactured on Demand
Delivery in 35 days

Ksh 3,850.00

Format: Paperback / Softback

ISBN-10: 1108814832

ISBN-13: 9781108814836

Publisher: Cambridge University Press

Imprint: Cambridge University Press

Country of Manufacture: GB

Country of Publication: GB

Publication Date: Aug 11th, 2022

Print length: 158 Pages

Weight: 246 grams

Dimensions (height x width x thickness): 15.20 x 22.60 x 1.40 cms

Product Classification: Public international law
International arbitration
Arbitration, mediation & alternative dispute resolution

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Everyone condemns the 'abuse of rights', but it is seldom applied as a rule of decision. This book concludes that except when given context as part of a lex specialis, it is too nebulous, and too likely to lead to arbitrariness, 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.

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