[Download] "Abuse of Rights: An Old Principle, A New Age." by McGill Law Journal * Book PDF Kindle ePub Free
eBook details
- Title: Abuse of Rights: An Old Principle, A New Age.
- Author : McGill Law Journal
- Release Date : January 01, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 357 KB
Description
One of several meanings of the term "abuse of rights" provides that there is an abuse of right when the exploitation of an individual right injuriously affects the interests of the community. The concept of abuse of rights derives from national legal systems notwithstanding that its content may vary among states. Abuse of rights has influenced international law in areas where it is widely considered to be a part of international law, whether as a general principle of law or as part of customary international law. In examining these origins and the historical applications and contemporary limitations of abuse of rights, the author contends that although it may not be relevant to a number of areas of international law, abuse of rights retains an important role with respect to various international legal issues. These issues include the resolution of certain types of normative conflicts, the protection of "common spaces" and "matters of common concern", and the promotion of normative change. Abuse of rights, the author demonstrates, may be a deft instrument, and one not to be forgotten, in dealing with issues such as transboundary pollution, declining fish-stocks and whale populations, and the protection of areas such as the Antarctic and space.