DiKE Justizielles Unrecht im internationalen Investitionsschutzrecht

In the structure of international investment protection law, judicial injustice spans a wide range, from classical problems of customary foreign law to questions of interpretation of modern investment protection standards. These include, for example, the impact of the so-called "finality rule" on the state's responsibility under international law for the actions of subordinate courts; the question of the definition of the customary law prohibition of denial of justice; the interplay between the concept of denial of justice under foreign law and standards of protection under international treaties; the tension between national courts and investment arbitration tribunals; and the state's duty of reparation resulting from judicial injustice. This monograph thus addresses issues that are not only of academic interest, but have also increasingly gained practical relevance in the context of international arbitration.