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Ch.1 An Introduction to the General Principles of Law and International Due Process

Charles T. Kotuby, Jr., Luke A. Sobota

From: General Principles of Law and International Due Process: Principles and Norms Applicable in Transnational Disputes

Charles T. Kotuby, Jr., Luke A. Sobota, Center for International Legal Education (CILE) University of Pittsburgh School of Law

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 20 January 2022

Subject(s):
Foreign judgments, recognition and enforcement — Denial of justice — BITs (Bilateral Investment Treaties) — General principles of international law — Due process

This chapter discusses the history and genesis of general principles of law and norms of international due process in international law, and the practical application of these principles and norms in various national and international fora. The identification of general principles is one of both discernment and distillation—honing the principles underlying legal rules that are common to the majority of legal systems around the world. Once properly identified, general principles help regulate inter-state relations, define the treatment due to foreign investors under investment treaties, and guide the choice of law before municipal courts. They assist in the proper interpretation of both treaties and internation contracts. There are similarly general and universal procedural principles that form the concept of international due process. These baseline norms are referenced when deciding when a judgment or award deserves recognition abroad or, conversely, condemnation as a denial of justice.

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