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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.
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.
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 · This article examines the relevant recent practice on this matter and argues that access to justice may be a unifying principle to afford protection, both at the substantive and procedural levels, to investors and peoples negatively affected by the investment, both in the territory of the host state and abroad.
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.
