Date of Award
Professor Chi Carmody
Denial ofjustice is an important concept in international law that holds states accountable for administering justice in a fundamentally inadequate way. While denial of justice is one of the oldest concepts in international law, it remains ambiguous. This thesis seeks to provide normative content to the term ‘denial of justice.’ It does this by employing a comparative methodological approach that compares the denial of justice standard contained in Art. 1105 NAFTA with the fair trial guarantees embodied in Art. 6 ECHR. This comparison exposes essential similarities between investment law and human rights law (origin, function, purpose, and substantive provisions) but it also reveals important distinctions between the two systems (textual, scope and coverage, and relationship with domestic courts). The research findings support the conclusion that NAFTA Chapter 11 tribunals should use human rights norms to interpret the denial ofjustice standard but that such interpretative approach warrants caution
Bray, Heather L., "A Comparative Approach: Denial of Justice in NAFTA Chapter 11 and the European Convention on Human Rights" (2011). Digitized Theses. 3653.