Cain and Abel: Congruence and Conflict in the Application of the Denial of Justice Principle

Ali Ehsassi

in International Investment Law and Comparative Public Law

Published in print October 2010 | ISBN: 9780199589104
Published online January 2011 | e-ISBN: 9780191595455 | DOI:
Cain and Abel: Congruence and Conflict in the Application of the Denial of Justice Principle

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Few concepts of public international law admit of more varied interpretations than denial of justice. Apart from considering the historical development of the concept, this chapter identifies substantive provisions in investment treaties and human rights instruments providing the basis for claimants to advance elements of a denial of justice violation. It then highlights factual underpinnings commonly arising in the investment arbitration and human rights contexts, and suggests that the general thrust and approach of tribunals and organs in these two specialized areas of public international law share similarities. Finally, after considering the extent to which investment and human rights guarantees concerning elements of a denial of justice have been shaped by distinct particularities and practices in the realms of investment and human rights adjudication, the chapter concludes that the concept of denial of justice is considerably more malleable in the former.

Keywords: denial of justice; investment treaty arbitration; human rights adjudication; local remedies; European Court of Human Rights

Chapter.  15820 words. 

Subjects: Constitutional and Administrative Law

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