Denial of Justice
Denial of Justice
Embracing mainstream international law, this section on denial of justice explores the context, history and effect of the area of the law covered here.
A denial of justice “should be understood as any defect in the organization of courts or in the exercise of justice which entails a violation of the international legal duties of States with respect to the judicial protection of aliens. This applies not only to the ordinary court system but also to all other branches of justice, including the prize courts as well as administrative procedures. Denial of justice in its various forms plays a major role with regard to the enforcement of aliens’ rights within host countries; such rights can be based on customary international law or on bilateral establishment conventions. A State is liable for the practice and jurisprudence of its courts even if under the State’s own domestic law the courts are not subject to executive power and the decisions cannot be altered once they have entered into force.” (1)
Resources
Notes
- STEPHAN VEROSTA, Encyclopedia of Disputes Installment
Further Reading
- The entry “denial of justice” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press
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