Due process and protection of the parties’ rights

Serena Forlati

Chapter 18 in Research Handbook on International Procedural Law, 2024, pp 374-392 from Edward Elgar Publishing

Abstract: This chapter discusses the contextual nature of the notion of ‘due process’ before analysing its connotations in international judicial and arbitral proceedings. It focuses specifically on inter-state proceedings and the ICJ, addressing in this perspective the main procedural requirements linked to due process, notably: the right to an independent and impartial tribunal, the right to be heard on a basis of equality with the other party and the right to a reasoned decision, with their various ramifications. Safeguarding the rights and, at least to a certain extent, the wishes of the parties should be a primary consideration for international courts and tribunals, although other factors ought to be considered, such as the need to protect the rights of third parties (including non-state actors) and the integrity of the judicial or arbitral function as such.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2024
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