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Max Planck Encyclopedia of Public International Law [MPEPIL]

Abuse of Rights

Alexandre Kiss

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 12 May 2021

Sovereignty — Equity — Responsibility of states — Remedies — Ultra Vires conduct — Abuse of rights — Good faith — Property

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 In international law, abuse of rights refers to a State exercising a right either in a way which impedes the enjoyment by other States of their own rights or for an end different from that for which the right was created, to the injury of another State (see also State Responsibility).2 The concept of abuse of rights implies the negation of a rigid conception of international law, and of law in general, summarized by the maxim neminem laedit qui suo jure utitur, meaning that nobody harms another when he exercises his own rights. Summum ius, the maximum of law,...
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