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4 - The rule, denial of justice and violation of international law

from Part I - Prolegomena

Published online by Cambridge University Press:  03 May 2010

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Summary

It is not within the scope of this work to discuss in detail here the concept of denial of justice as it is relevant to the law of state responsibility for injuries to aliens, or definitively to identify its specific coverage. However, since there has been in the past some confusion as to both its meaning and its relationship to the law relating to the exhaustion of local remedies, a brief consideration of the meaning of the concept and of how it is connected to the rule of local remedies in the law of diplomatic protection is required. It may be noted at the outset that the same confusion has not occurred in connection with the application of the rule to the protection of human rights as has been prevalent in regard to the law of diplomatic protection per se. This may have some significant bearing on the discussion of the issues involved, as it may show that denial of justice does not by its true nature basically affect the rule of local remedies when the rule is considered in its proper sense and dimensions and when the application of the rule is treated as being confined to the situations to which it is in terms of its purpose and nature meant to be applicable.

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Publisher: Cambridge University Press
Print publication year: 2004

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