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3 - A Cacophony of Criteria

Published online by Cambridge University Press:  16 July 2020

Jan Paulsson
Jan Paulsson
Affiliation:
Three Crowns LLP, Washington DC
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Summary

Thirty-four different formulations to define abuse of right can easily be derived from a variety of sources. To distill them into a single, internationally acceptable formulation seems impossible. To content one’s self with the words ‘abuse of right’ on the footing that you know it when you see it is to follow a road to arbitrariness. Abuse of process is sui generis and does not belong in the category of abuse of rights.

Keywords

Diverse formulationslack of uniformityarbitrarinessabuse of process
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The Unruly Notion of Abuse of Rights , pp. 36 - 44
Publisher: Cambridge University Press
Print publication year: 2020

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