Chapter

Access to Justice, Denial of Justice, and International Investment Law

Francesco Francioni

in Human Rights in International Investment Law and Arbitration

Published in print September 2009 | ISBN: 9780199578184
Published online February 2010 | e-ISBN: 9780191722561 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199578184.003.0003

Series: International Economic Law Series

 Access to Justice, Denial of Justice, and International Investment Law

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Although customary international law does not provide for an individual right of access to justice before international tribunals, treaty law has been gradually recognizing and consolidating an indisputable right of access to international justice by private investors in the field of foreign investment law. Following the recent growth of bilateral and regional investment treaties and of investment arbitration, the right of access to justice for the investor has shifted from access to national courts and inter-state claims to the investor-state arbitration where private actors have direct access to an international arbitral tribunal without the traditional need for the interposition of their national state in diplomatic protection. The chapter examines the implications of this opening of the international remedial process to individuals and private entities, and focuses on three distinct but inter-linked aspects of the emergence of access to justice as a human right in the field of foreign investment.

Keywords: access to justice; national courts; inter-state claims; alien rights; human rights; foreign investment; foreign property

Chapter.  9722 words. 

Subjects: Human Rights and Immigration

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