Sattorova, Mavluda 
ORCID: 0000-0002-9712-1858
(2023)
Denial of Justice and Judicial Measures.
In:
Rethinking Investment Law.
Oxford University PressOxford, pp. 105-125.
ISBN 0192871080
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Abstract
<jats:title>Abstract</jats:title> <jats:p>The rise of investment arbitration over the last three decades and the tendency of investors to contest host states’ judicial measures has reignited long-standing debates over the contours of state responsibility for judicial conduct. Historically, it was well-established that the standard of denial of justice was a principal legal vehicle to address claims involving alleged mistreatment of individuals in host state courts. Long before the rise of investment treaties and investor–state arbitration, however, scholars and practitioners of customary international law were divided over the definition of a denial of justice. The disagreement has persisted in the jurisprudence of investor–state tribunals. Tribunals and commentators have both diverged in their interpretation of the types of governmental conduct that violate the standard. The chasm between the emerging schools of thought is not only semantic. Focusing on the most salient cases on judicial measures, this chapter highlights key trends in the evolution of investment arbitration. It seeks to identify where the law took a wrong turn and what can be done to provide a more solid analytical foundation for adjudication of claims arising from alleged judicial misconduct.</jats:p>
| Item Type: | Book Section |
|---|---|
| Uncontrolled Keywords: | 16 Peace, Justice and Strong Institutions |
| Divisions: | Faculty of Humanities and Social Sciences > School of Law and Social Justice |
| Depositing User: | Symplectic Admin |
| Date Deposited: | 27 Jul 2022 14:24 |
| Last Modified: | 27 Mar 2024 13:54 |
| DOI: | 10.1093/oso/9780192871084.003.0006 |
| Related URLs: | |
| URI: | https://livrepository.liverpool.ac.uk/id/eprint/3159661 |
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