The Unruly Notion of Abuse of Rights - Softcover

Paulsson, Jan

Softcover

ISBN 10: 1108814832 ISBN 13: 9781108814836

Publisher: Cambridge University Press, 2022

Synopsis

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.

About this title

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).

Edition details

• Publisher: Cambridge University Press
• Publication date: 2022
• Language: English
• ISBN 10: 1108814832
• ISBN 13: 9781108814836
• Binding: Paperback
• Number of pages: 160