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Abuse of Rights – Public International Law

General concept

In international law, abuse of rights refers to a _ State exercising a right either in a way that 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 – Internationally Wrong[1]ful Acts).


In the Paris Treaty of Alliance and Friendship of November 20. 1815 which supplemented the ~ alliance treaties of Chaumont (March 1, 1814) and Vienna (March 25, 1815), Great Britain, Austria, Prussia and Russia had agreed “to renew their Meetings at fixed periods … for the purpose of consulting upon their common interests. and for the consideration of the measures which at each of those periods shall be considered the most salutary for the repose and prosperity of Nations. and for the maintenance of the Peace of Europe” (Art. VI). On the basis of this provision. the Concert of Europe convened its first meeting in Aix-Ia-Chapelle from September 27 to November 21, 1818. At the “Congress of Aix-Ia-Chapelle”, as it came to be called, the Concert of Europe reached decisions on a wide range ‘If subjects; other topics were merely discussed.


In the second half of the 19th century, Morocco was the only African State, apart from Ethiopia and Liberia, that had escaped the division of Africa among the European colonial powers (- Berlin West Africa Conference (1884/1885)). When France annexed Algeria (- Annexation), the Sherifian Empire became her immediate neighbor. Although Morocco was in a state of unrest, the country seemed a promising and potentially important trade partner to the Euro[1]pean Powers and the United States.


The American Civil War from 1861 to 1865, between eleven Southern secessionist states and the Federal Government, supported by the Northern states, was the most important war in the Western world during the 19th-century fol[1]lowing the battle of Waterloo in 1815, an im[1]portance which is reflected in its influence on the development of the international law relating to – war, the status of rebels (- Recognition of Insurgency) and neutrals (- Neutrality, Concept, and General Rules).


The ~ Berlin Congress of 1878 had not brought a stable order to the Balkans. The Chris[1]tian populations were still unsatisfied, and the Young Turk Revolution of 1908 had not created better prospects for the Balkans. The Balkan States had become aware that they might best attain their goals on their own; but their aims were contradictory regarding Macedonia, where various armed bands fought amongst themselves and oppressed the inhabitants.


By 1870 European expeditions had begun to return with information on the interior of the African continent. Leopold II, King of the Bel[1]gians, promoted interest in the region and in 1876 founded the International Congo Association. All this activity provoked the so-called scramble for Africa and the danger of clashes between rival European powers (- History of the Law of Nations: Africa).

addressed the problem and in 1883 proposed the – neutralization of the Congo Basin and the establishment of free commerce and navigation. In November 1884, a conference met in Berlin to consider a regime for the newly accessible regions of Africa (- Colonies and Colonial Regime).

 Last word

The clausula originated in a Civilist maxim: Conventioomnisintellegitur clausula rebus sicstantibus (every contract is to be understood as being based on the assumption of things remain[1]ing as they were, that is, at the time of its con[1]clusion).

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