Denial of Justice in International Law
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. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.
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1 The renaissance of a cause of action
2 The historical evolution of denial of justice
3 Three fundamental developments
4 The modern definition of denial of justice
5 Exhaustion of local remedies and denial of justice
6 Denial of justice by outside interference
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action acts administration agreement AJIL aliens alleged Amco American appeal apply arbitral award arbitral tribunal Article authority Banobras Barcelona Traction breach Calvo Clause Calvo Doctrine Chapter citizens claimant claims of denial complainant conclusion constitute contract Convention Court of Human customary international law damages decision delict denial of justice Diplomatic Protection disputes doctrine Dugard effect EHRR entitled European Court exhaustion Fabiani fact failure Fitzmaurice foreign Freeman fundamental governmental grievance Hersch Lauterpacht Human Rights Ibid ICJ Reports ICSID Reports ICSID Review Idler immunity Indonesia international adjudicators international arbitration international delict International Law Commission international responsibility international tribunal international wrong investor involved issue judge judgment judicial jurisdiction jury litigation Loewen matter Mexican Mexico Mondev Moore NAFTA national courts national law O’Keefe obligation parties Paulsson presiding principle procedural proceedings reasonable refusal relevant remedies Report on Diplomatic requirement respect RIAA rule substantive Supreme Court tion Trade treaty trial United Venezuela Visscher