Published 3 November 2016
[Minor revisions 04/11/2016] Since our topic tonight is rather abstract, let me start with a concrete example.
Mr X, a national of country A, moves to country B and sets up a business venture together with a local business partner, a national of country B. Things don't work out, problems emerge between Mr X and his business partner, and he takes the case to the courts of country B. His claims are dismissed, in his view wrongly, and in a process that he feels unfairly favored his business partner. He appeals, but the appeal is dismissed. He appeals again, going up to the local Supreme Court. His appeal is again dismissed, and he is not happy. He feels he has not been given a fair hearing. He feels he has been denied justice. He wants to bring an international claim against country B for denial of justice.
Lecture given at the University College London on 26 October 2016.