This chapter broadens the perspective beyond the EU legal order by offering a comparative overview of how the concept of abuse of law is treated across various legal systems. It examines continental European and common law jurisdictions, as well as other municipal legal traditions. The analysis shows that the doctrine of abuse of rights is well established in continental Europe, Japan, Islamic legal systems, and the Nordic countries. While differences exist, these systems share a core understanding of the concept. Even in common law jurisdictions, where the doctrine is not formally recognised, analogous legal notions reflect the underlying idea that rights can be misused. The chapter also explores international law, where the notion of abuse of rights has gained traction in certain areas, such as international investment law, though it has yet to achieve general acceptance as a principle of public international law.

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Abuse of Law in Municipal Legal Orders and International Law: An Overview

  • Luca Pantaleo

摘要

This chapter broadens the perspective beyond the EU legal order by offering a comparative overview of how the concept of abuse of law is treated across various legal systems. It examines continental European and common law jurisdictions, as well as other municipal legal traditions. The analysis shows that the doctrine of abuse of rights is well established in continental Europe, Japan, Islamic legal systems, and the Nordic countries. While differences exist, these systems share a core understanding of the concept. Even in common law jurisdictions, where the doctrine is not formally recognised, analogous legal notions reflect the underlying idea that rights can be misused. The chapter also explores international law, where the notion of abuse of rights has gained traction in certain areas, such as international investment law, though it has yet to achieve general acceptance as a principle of public international law.