The electronic administrative contract for Mafateh Khalifa Abdulhamid

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Product description

The principle of non-abuse of rights is one of the oldest established principles in law. Despite the importance of this principle in the context of international law, considering the practical reality and the extent of violations that may fall under it, the difficulty of proof required to rely on it explains the limited reliance of international courts on establishing international responsibility based on it. Nevertheless, we find that the principle of non-abuse of rights is a fundamental principle in international law literature, supported by many international agreements and rulings, emphasizing the necessity of adhering to it. Due to the successive events in the region that concern the classification of state behaviors concerning the rights and duties of states according to international law, and which directly raise the question of whether the actions committed—particularly in the Gulf crisis and its aftermath—under the pretext of states exercising their rights, constitute abuse of rights. The importance of this book lies in clarifying the boundaries of the principle of non-abuse of rights, explaining its elements as a basis for international responsibility, examining the scope of rights, and the framework of obligations under international law, as well as classifying the actions committed by states, whether positive actions in the form of acts or negative actions in the form of abstention from performing an act, to determine whether these international actions taken in the context of the Gulf crisis fall within the meaning of abuse, as required by the concept of non-abuse of rights in international law.