The International Extension of Denial of Justice
Bibliographic Data
| ID | 9197490 |
|---|---|
| Authors | Jarrod Hepburn (0000-0002-4990-2238, corresponding author) |
| Year | 2022 |
| Volume | 85 |
| Issue | 6 |
| Pages | 1357-1386 |
| Publication date | 2022-11-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern Law Review (JOURNAL) |
| Journal identifiers | ISSN: 0026-7961 • E-ISSN: 1468-2230 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/1468-2230.12743 |
| OpenAlex | W4229081417 |
| Language | EN |
| References cited | 6 |
Denial of justice arises under customary international law when states prevent foreigners from accessing domestic courts. Certain states, scholars and arbitrators have maintained that an extension of the rule against denial of justice applies when states prevent access to international courts or tribunals. If correct, this extension would impose a significant control on states’ engagement with international adjudication. However, this article contends that the international extension of denial of justice is unsupported on any account of custom. A state's interference with international adjudication might be treated as ineffective, or it might breach the instrument containing the state's consent to the international claim. But this article argues that it does not, and should not, also breach the customary rule on denial of justice. The article therefore aims to clarify both the customary law in this area and the actual and desirable extent of states’ autonomy in their engagement with international adjudication
Adjudication · Autonomy · Denial · Economic Justice · Extension (predicate logic) · International court · International law · Law and economics · Political science · Politics · Public international law · Rule of law · Sociology · State (computer science) · International Arbitration and Investment Law · International Law and Aviation · International Law and Human Rights · Law · Psychology
International Adjudication as a Global Public Good
The Legal Reasoning of Icsid Tribunals - An Empirical Analysis
Denial of Justice Disguised? Investment Arbitration and the Protection of Foreign Investors From Judicial Misconduct
Specially-Affected States and the Formation of Custom
Clash of Paradigms
Power and Persuasion in Investment Treaty Interpretation
| Citation velocity | historical |
|---|---|
| Highly cited | No |