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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

International Adjudication and Global Justice

Frank J Garcia

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 04 December 2021

Subject(s):
Access to justice — Right to fair trial — International investment law — International courts and tribunals, powers — Judicial reasoning — ICSID Additional Facility arbitration — Theory of international law

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 International adjudication plays an essential, if limited, role in the pursuit of global justice. The importance of adjudication’s role in global justice is not surprising given the link between courts and justice. However, the limits to this role may seem paradoxical given its evident importance, and have to do with (1) the nature of distributive justice as opposed to other kinds of justice such as corrective justice (closely aligned with criminal law) and procedural or, as it is sometimes called, legal justice (Miller, 2017); (2) structural aspects of the...
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