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The Unruly Notion of Abuse of Rights

2020-08-06 Law
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Release : 2020-08-06
Genre : Law
Kind : eBook
Book Rating : 445/5 ( reviews)

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Book Synopsis The Unruly Notion of Abuse of Rights by : Jan Paulsson

Download or read book The Unruly Notion of Abuse of Rights written by Jan Paulsson. This book was released on 2020-08-06. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Inchieste di diritto comparato. L'abuso di diritto

1979 Law
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Release : 1979
Genre : Law
Kind : eBook
Book Rating : 641/5 ( reviews)

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Book Synopsis Inchieste di diritto comparato. L'abuso di diritto by : Mario Rotondi

Download or read book Inchieste di diritto comparato. L'abuso di diritto written by Mario Rotondi. This book was released on 1979. Available in PDF, EPUB and Kindle. Book excerpt:

The Duty to Safeguard the Object and Purpose of Pending Treaties

2023-09-25 Law
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Release : 2023-09-25
Genre : Law
Kind : eBook
Book Rating : 310/5 ( reviews)

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Book Synopsis The Duty to Safeguard the Object and Purpose of Pending Treaties by : Agnes Viktoria Rydberg

Download or read book The Duty to Safeguard the Object and Purpose of Pending Treaties written by Agnes Viktoria Rydberg. This book was released on 2023-09-25. Available in PDF, EPUB and Kindle. Book excerpt: Article 18 of the Vienna Convention on the Law of Treaties (VCLT) plays an indispensable role in promoting stable relations amongst States by obliging them to refrain from acts which would defeat the object and purpose of pending treaties. However, for more than 50 years since its adoption, Article 18 has lingered in a state of legal uncertainty. This book offers a complete guide to the precise scope and content of Article 18 VCLT by analysing its particular elements. Of relevance to scholars, practitioners, and postgraduate students of international law, it applies Article 18 VCLT to contemporary events in international law. It showcases the vitality and direct relevance of the provision in today’s international legal order, while offering concrete arguments for its effective application.

International Investment Law and General International Law

2023-01-19 Law
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Release : 2023-01-19
Genre : Law
Kind : eBook
Book Rating : 060/5 ( reviews)

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Book Synopsis International Investment Law and General International Law by : Christian J. Tams

Download or read book International Investment Law and General International Law written by Christian J. Tams. This book was released on 2023-01-19. Available in PDF, EPUB and Kindle. Book excerpt: This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law.

International Law and the Principle of Non-Intervention

2024-06-06 Law
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Release : 2024-06-06
Genre : Law
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Book Rating : 573/5 ( reviews)

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Book Synopsis International Law and the Principle of Non-Intervention by : Marco Roscini

Download or read book International Law and the Principle of Non-Intervention written by Marco Roscini. This book was released on 2024-06-06. Available in PDF, EPUB and Kindle. Book excerpt: The principle of non-intervention in the domestic affairs of states is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked like a mantra by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma. International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles solves this enigma by exploring what constitutes an 'intervention' in international law and when interventions are unlawful. These questions are approached from three different perspectives, which are reflected in the book's structure: historical, theoretical, and systematic. Through a comprehensive survey of primary documents and of over 200 cases of intervention from the mid-18th century to the present day, as well as an extensive literature search, this work provides an in-depth analysis of the principle of non-intervention which links it to fundamental notions of international law, including sovereignty, use of force, self-determination, and human rights protection.

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