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Full-Text Articles in Law
The Prospects For Enforcing Monetary Judgments Of The International Court Of Justice: A Study Of Nicaragua's Judgment Against The United States, Mary Ellen O'Connell
The Prospects For Enforcing Monetary Judgments Of The International Court Of Justice: A Study Of Nicaragua's Judgment Against The United States, Mary Ellen O'Connell
Journal Articles
In March 1988, Nicaragua's Sandinista government asked the International Court of Justice ("ICJ") to order the United States to pay $12 billion for violations of international law, as determined by the Court in June 1986. Before the Court could rule, however, the Sandinistas were voted out of office in national elections on February 25, 1990. Nicaragua's new government has recently indicated that it does not intend to give up the claim but will seek a settlement of the judgment with the United States government. But if the parties cannot reach a voluntary settlement, can Nicaragua enforce an ICJ judgment against …
Ancillary Discovery To Prove Denial Of Justice, Roger P. Alford
Ancillary Discovery To Prove Denial Of Justice, Roger P. Alford
Journal Articles
Today foreign investors have a new and powerful weapon to challenge denial of justice. Bilateral investment treaties (BITs) require “fair and equitable treatment” consistent with customary international law, including “the obligation not to deny justice in criminal, civil, or administrative adjudicatory proceedings in accordance with the principles of due process embodied in the principle legal systems of the world.” Those treaties also create a private right of action, empowering investors with the right to initiate international arbitral proceedings directly against the host State. BITs provide the substance and the means for the effective review of judicial behavior. These treaties do …