Denial of Justice in International Law

by Jan Paulsson

• ISBN13: 9780521172912
• ISBN10: 0521172918
• Edition: Revised
• Format: Paperback
• Copyright: 2011-07-21
• Publisher: Cambridge University Press

Summary

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.

Table of Contents

Acknowledgements

Authorities

Abbreviations

The Renaissance of a cause of action

The historical evolution of denial of justice

Three fundamental developments

The modern definition of denial of justice

Exhaustion of local remedies and denial of justice

Denial of justice by outside interference

Denial of justice by the decision-maker

Remedies and sanctions

The menace of 'obscure arbiters'?

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