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1 results

  • 5 - The Challenge of Establishing Universal Principles

  • Jan Paulsson
  • Book:
    The Unruly Notion of Abuse of Rights
    Published online:
    16 July 2020
    Print publication:
    06 August 2020, pp 68-78

  • Summary

    The infinite variety of ephemeral arbitral tribunals may well use abuse of right as a high-sounding phrase to justify their intuitions, but it takes more than that to establish a general principle of international law under the Statute of the International Court of Justice. The Court itself has never decided a case on the basis of abuse of right. In one of its judgments in 2018, its prudence with respect to such abstract notions was illustrated by refusal to accept ‘legitimate expectations’ as a general principle.