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Denial of Justice in International Law
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Denial of Justice in International Law
By
Jan Paulsson
Description
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. 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.
• Gives a modern explanation of
the offence of denial of justice • Offers an in-depth analysis
of major recent cases in this area • Proposes ways of resolving
key issues which have remained controversial for several generations
Contents
Acknowledgements; Authorities;
Abbreviations; 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; 7. Denial of justice by the
decision-maker; 8. Remedies and sanctions; 9. The menace of ‘obscure
arbiters’?
Review
\\\'Paulsson has a gift for presenting
historical perspectives in a way which makes the reader appreciate
the effects in modern doctrine and practice … This book is a
model in terms of focus and disciplined presentation.\\\' International
Affairs
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