مجلة الصدى الدراسات القانونية والسياسية
Volume 4, Numéro 3, Pages 164-186
2022-09-27

Abuse Theory And Its Application In International Law

Authors : Aly Salama Abdelaziz Hassan .

Abstract

The civil legislation of states focused on the theory of abuse of right, Those laws stipulated that in order for the right to be used legally, the right holder must have a legitimate interest, and not seek to harm others , If the right holder seeks to harm others, he is obligated to compensate for material and moral damages . Unfortunately, this theory has not received much interest in international law , As a result, many countries attacked other countries and violated rights and freedoms under the pretext of using a legitimate right , Therefore, I will present in this paper the possibility of applying the theory , and The possibility of holding the state responsible for harming the rights of others

Keywords

Arbitrariness; Use of Right ; International Law