Abuse of Rights

Abuse of rights is the principle that a state must exercise its UNCLOS rights, jurisdiction, and freedoms in good faith and not in a manner that constitutes an abuse of right. It is codified in UNCLOS Article 300, which pairs good faith in fulfilling treaty obligations with the prohibition on abusing rights. The doctrine restrains, for example, the abusive invocation of enforcement powers in the EEZ or the obstructive exercise of high-seas freedoms. Tribunals treat Article 300 as non-autonomous: a claim under it must attach to another substantive UNCLOS provision rather than stand alone, as confirmed in several Annex VII arbitrations.