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The Unruly Notion of Abuse of Rights (Hardcover)

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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.

Product Details
ISBN: 9781108840699
ISBN-10: 1108840698
Publisher: Cambridge University Press
Publication Date: August 6th, 2020
Pages: 150
Language: English
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Created At: 3/22/2020 07:19am
Last Updated At: 3/14/2021 10:09am