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2 results

  • 2 - Private Rights in Areas of Uncertain Jurisdiction

  • Marianthi Pappa, University of Nottingham
  • Book:
    Non-State Actors' Rights in Maritime Delimitation
    Published online:
    15 June 2021
    Print publication:
    08 July 2021, pp 15-44

  • Summary

    This chapter deals with the creation of private rights in areas of uncertain jurisdiction. What kinds of rights are they and what are their features? Do states possess the same competence to create private rights in delimited and undelimited spaces? To address the above, the chapter first discusses the creation of private rights by states in general. Then, it examines whether the lack of clearly established boundaries prohibits or otherwise hinders states from granting private rights in land and maritime spaces which are also claimed by other states. It is concluded that the absence of fixed international boundaries does not affect the powers of states to create private rights on land or at sea, even in areas claimed by two or more parties. Rather, the states’ competence to create private rights in areas of uncertain jurisdiction rests on the bona fide claim of a legal title. Although this claim may be rebutted or reduced by the establishment of an international boundary, the said private rights are legitimate and active.

The Unruly Notion of Abuse of Rights
  • Jan Paulsson
  • Published online:
    16 July 2020
    Print publication:
    06 August 2020
  • 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.