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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. It may thus arise, broadly speaking, out of acts of the judiciary as well as of acts of the executive and the legislature affecting the administration of justice.
Summary. 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
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.
The impulse to limit the scope of denial of justice 24 Modern political realities 26 Summary 36 3 Three fundamental developments 38 State responsibility for the conduct of the judiciary 38 Denial of justice by non-judicial authority 44 Extension of locus standi 53 4 The modern definition of denial of justice 57 Overview 57
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 de ago. de 2009 · Denial of justice lies at the heart of the development of international law on the treatment of aliens and of foreign investment.
