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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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 Jonathan Karas


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The Unruly Notion of Abuse of Rights


ISBN13: 9781108840699
Published: August 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £100.00
Paperback edition , ISBN13 9781108814836



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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.

Subjects:
Public International Law
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