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Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005.
- Jan Paulsson
- 2005
1 Denial of justice is traditionally defined as any gross miscarriage of justice by domestic courts resulting from the ill-functioning of the State’s judicial system.
Overview. We have seen that the concept of denial of justice was once often used as the rhetorical excuse for interventions by foreign governments acting on behalf of their nationals to obtain reparation for alleged violations of their rights.
- Jan Paulsson
- 2005
6 de may. de 2022 · Denial of justice is most commonly understood as a rule of customary international law relating to deficiencies suffered by aliens in the domestic administration of justice within a state.
- 1 A Brief Historical Introduction
- 2 Access to Justice as An Investor's Right
- 3 Access to Justice by Individuals and Groups Affected by The Investment
- 4 Access to Justice For The Protection of Extraterritorial Investors
- 5 Conclusion
Denial of justice lies at the heart of the development of international law on the treatment of aliens and of foreign investment. At the same time this notion is inextricably linked to the broader concept of access to justice, understood as the individual's right to obtain the protection of the law and the availability of legal remedies before a co...
Several recent investment disputes have highlighted that access to justice may continue to be problematic even in the presence of investment guarantees under bilateral or multilateral treaties. The most well known, dare I say notorious, case is Loewen Group v. the United States7 concerning a claim by a Canadian company against the United States und...
The increasing impact of foreign investment on the social life of the host state has raised the question whether the principle of access to justice, as successfully developed to the benefit of investors through the provision of binding arbitration, ought to be matched by a corresponding right to remedial proceedings for individuals and groups adver...
The third and final aspect of the role of the right of access to justice in the context of international investment law to be examined is the extent to which it may affect state immunity in the event of actions brought before domestic courts by extraterritorial investors. The paradigmatic case is the default on bonds placed on the global market by ...
The impressive development of investment arbitration in contemporary international law has helped consolidate access to justice as a principle which partakes both of human rights law and of investment law. This development has furthered the process of emancipation of individuals and private entities from the fetters of the state by allowing the for...
- Francesco Francioni
- 2009
Ante ello se tratan las (a veces radicalmente) diferentes definiciones nacionales del concepto, y propone la correcta que es la ausencia de debido proceso. Describe el análisis que conlleva un tribunal internacional al valorar la causal, mismo que difiere del realizado por un tribunal local.
The term “denial of justice” has been used widely to describe certain types of acts and omissions of States directed against foreigners deemed to be internationally illegal and justifying diplomatic interposition by the aggrieved State.
