Denial of Justice in International Law

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Cambridge University Press, Oct 6, 2005 - 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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Contents

1 The renaissance of a cause of action
1
2 The historical evolution of denial of justice
10
3 Three fundamental developments
38
4 The modern definition of denial of justice
57
5 Exhaustion of local remedies and denial of justice
100
6 Denial of justice by outside interference
131
7 Denial of justice by the decisionmaker
176
8 Remedies and sanctions
207
9 The menace of obscure arbiters?
228
Bibliography
266
Index
274
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