Denial of Justice in International Investment Law

Abstract

Nelson Mandela said: “Justice is the foundation of everything, and without justice there can be no peace, there can be no progress”. The concept of justice, as expressed by Nelson Mandela, is the foundation of everything. However, reality shows that this concept faces many challenges, especially in the context of international relations. Although international law, in its quest to achieve a more just and orderly world, has established a set of standards and norms that govern the behavior of states and individuals in the international community. However, practices of denying justice continue to pose a major challenge to these standards and threaten the stability of international relations. The term “Denial of Justice” is considered as a broad term and that it is difficult to define it precise and conclusive way. Some international law scholars narrow its scope, while others give it a broader dimension, which is leading to differences in behaviors that constitute denial of justice, and this in turn makes defining the term precisely a complex task. This difficulty is one of the reasons that prompted us to research this topic, along with other reasons related to the importance of the topic from both theoretical and practical perspectives, and the scarcity of Arabic researches focusing on the topic of denial of justice despite its importance. Therefore, in this research, we will delve into the concept of justice denial in international law, and address the jurisprudential and academic developments that contributed to the crystallization of this concept. We will review the historical roots of denial of justice in international law, and shed light on the challenges it faces in the framework of international investment agreements as a clear example of cases of denial of justice in this field.