The Unruly Notion of Abuse of Rights

ISBN-13: 9781108814836 / Angielski / Miękka / 2022 / 158 str.

Jan Paulsson

Opis

Challenges the claim to elevate the theory of abuse of rights to the status of a general principle of law.

Recenzje

'I strongly recommend this book, supremely sharp on technical reasoning and sensitive to challenges and limitations of the reality of international dispute settlement that the author knows so well. Whether the reader finds themselves largely persuaded by Paulsson's argument, as I was, they will certainly be intellectually enriched from reading the treatment of an important topic by one of the great figures of modern international dispute settlement. The essentially simultaneous publication in autumn 2020 of The Unruly Notion of Abuse of Rights and the merits judgment of the ICJ in Immunities and Criminal Proceedings puts the book under review in the rare category of perfectly timed scholarship that independently captures the substance of the leading judgment, explains the intellectual backstory of a key concept, and is likely to significantly shape future developments in the field.' Martins Paparinskis, Arbitration International

Spis treści

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.