Book contents
- The Unruly Notion of Abuse of Rights
- The Unruly Notion of Abuse of Rights
- Copyright page
- Dedication
- Contents
- Foreword: The Thesis and a Confession
- 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 the Concept
- 7 Rejection and Retrenchment
- 8 The Vanishing Prospect
- Index
5 - The Challenge of Establishing Universal Principles
Published online by Cambridge University Press: 16 July 2020
Book contents
- The Unruly Notion of Abuse of Rights
- The Unruly Notion of Abuse of Rights
- Copyright page
- Dedication
- Contents
- Foreword: The Thesis and a Confession
- 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 the Concept
- 7 Rejection and Retrenchment
- 8 The Vanishing Prospect
- Index
Summary
The infinite variety of ephemeral arbitral tribunals may well use abuse of right as a high-sounding phrase to justify their intuitions, but it takes more than that to establish a general principle of international law under the Statute of the International Court of Justice. The Court itself has never decided a case on the basis of abuse of right. In one of its judgments in 2018, its prudence with respect to such abstract notions was illustrated by refusal to accept ‘legitimate expectations’ as a general principle.
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- The Unruly Notion of Abuse of Rights , pp. 68 - 78Publisher: Cambridge University PressPrint publication year: 2020