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Ch.3 Modern Applications of the Principles of 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: 25 January 2022

Subject(s):
Right to a public hearing — Judicial independence/impartiality — Corruption — Burden of proof (and jurisdiction) — Judicial notice — Equal treatment — Due process

This chapter examines the general principles of international due process common to all systems of law. A party must have notice of the proceeding and an opportunity to be heard. The court or tribunal deciding the case must have jurisdiction, be independent and impartial, and treat the parties equally. It may not decide the case based on bribery or other external factors, nor may it countenance fraudulent conduct before it. Each party has the burden of proving its own proffered facts during the case, and the decision at the end of the process should be final (res judicata). These are the essential norms that govern the work of every adjudicative body. They ensure the fundamental promise of all judicial proceedings: the settlement of a dispute by an independent authority in a manner that is fair to the parties and premised on impartial application of the law to the facts.

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