Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-t7fkt Total loading time: 0 Render date: 2024-11-26T00:14:50.079Z Has data issue: false hasContentIssue false

8 - The Vanishing Prospect

Published online by Cambridge University Press:  16 July 2020

Jan Paulsson
Affiliation:
Three Crowns LLP, Washington DC
Get access

Summary

The notion of abuse of right as an autonomous principle of international law continues to exercise a facile appeal. Yet international economic arbitrations have failed to yield a lex mercatoria capable of providing comprehensive rules of decision; this is not where a coherent principle of abuse of rights will emerge. A different proposal is to establish abuse of rights as a general principle derived from international law itself (rather than by the distillation of general principles common to national laws). This too founders on the observation that acontextual abstractions do not yield meaningful criteria amenable to predictable application, and that in any event international disputes may, and have been, resolved in other ways. The modern international environment is abrim with concurrent rights that must be accommodated by negotiation or by properly enacted lex specialis without resorting to the provocative declaration of any of them to be abusive in its exercise.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×