基本説明
New in paperback. Hardcover was published in 2005. This book gives a modern explanation of the offence of denial of justice, offering an in-depth analysis of major recent cases in this area.
Full 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, which was originally published in 2005. 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.
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'?
