Unruly Notion of Abuse of Rights

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.

List of contents

1. Matters of nomenclature; 2. An idealistic but troublesome impulse; 3. A cacophony of criteria; 4. A 'principle' with no rules?; 5. The challenge of establishing universal principles; 6. The Politis/Lauterpacht quest to elevate abuse of right; 7. Rejection and retrenchment; 8. The vanishing prospect.

About the author

Jan Paulsson is Emeritus Professor at the School of Law of the University of Miami, and a former Centennial Professor at the London School of Economics and Political Science. He has served as President of the London Court of International Arbitration, the International Council for Commercial Arbitration, and the World Bank Administrative Tribunal; and as a Vice-President of the ICC International Court of Arbitration. He is a Member of the Permanent Court of Arbitration in The Hague. He is the author of The Idea of Arbitration (2013) and Denial of Justice in International Law (2005).

Summary

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.

Product details

• Authors: Jan Paulsson, Paulsson Jan
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Paperback / Softback
• Released: 31.12.2022
• EAN: 9781108814836
• ISBN: 978-1-108-81483-6
• No. of pages: 158
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / Arbitration, Negotiation, Mediation, International Arbitration, Public International Law, Arbitration, mediation & alternative dispute resolution, Arbitration, mediation and alternative dispute resolution, International law: arbitration