Public Law Researsh

Abuse of Right and Abuse of Process in Light of the Practice of the International Court of Justice

Articles in Press

Document Type : Research Paper

Authors

Abbasali Kadkhodaei 1
Mohammadreza Mohammadi 2

1 Prof., Department of Public Law, University of Tehran, Tehran, Iran

2 Ph.D. Student in International Law, Department of Public Law. University of Tehran. Tehran. Iran.

https://doi.org/10.22054/qjpl.2024.73433.2899
Abstract
The concepts of abuse of rights and abuse of process are being considered by litigants in international courts. In the abuse of the right and abuse of process, bad faith replaces good faith. In abuse of rights, the question is about exercising a right but with an improper purpose while abuse of process occurs to take advantage of a process with different intentions in order to disrupt proceedings. Abuse of rights is an issue that is related to the substantive part of a case, while abuse of process is a non-substantive issue in most cases and is raised in the admissibility. This study's main objective is to examine the practice of the ICJ in relation to the abuse of rights and abuse of process. The research method of this research is descriptive-analytical by using library-documentary sources. Despite the refusal of the court to state the status of abuse of rights and process, today these concepts can be referred to as general principles of law in international law. This article proves that the court considers a high threshold to accept the realization of the abuse of rights and process, and so far it has not been able to confirm such abuse.

Keywords

Abuse of Right
Abuse of Process
International Court of Justice
General Principle of Law
Exceptional Circumstances
Subjects
Public Law Researsh

Articles in Press, Accepted Manuscript
Available Online from 23 January 2024

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