The best way to understand current thinking is to read up on the appropriate dispute resolution cases. These are generally published, and are worth skimming at least.
ICANN generic top-level domains ('gTLDs') and a few country-code top-level domains ('ccTLDs') follow the 'Uniform Domain-name Dispute Resolution Policy' (UDRP (sic)). See
ICANN | Uniform Domain-Name Dispute-Resolution Policy
Also see Nominet's DRS procedure for .uk domains, at
Dispute Resolution Service
Regards,
P.