الاعلام و العلاقات الثقافيةThe College of Law at Al-Nahrain University discussed the master’s thesis entitled “Denial of Justice in International Law”, submitted by Huda Fadhil Ahmed, a postgraduate student in the Department of Public Law.
Significance of the Study
Denial of justice represents a point of intersection between domestic and international law. Although the judiciary primarily exercises its jurisdiction within the framework of the national legal system, certain judicial acts or failures may have effects extending beyond the scope of domestic law and may give rise to the international responsibility of the state.
The significance of the subject is also particularly evident in the field of international investment, where foreign investors rely on the judicial system of the host state to protect their rights, and certain serious judicial practices may constitute grounds for invoking the international responsibility of the state.
The subject is also significant in the field of human rights, given the close connection between access to justice, fair trial guarantees, and the right to an effective remedy on the one hand, and the protection of fundamental rights and freedoms on the other.
Objectives of the Study
The study aimed to achieve several objectives, most notably:
- To clarify the concept of denial of justice and determine its scope under international law.
- To identify the principal forms through which denial of justice may occur.
- To clarify the relationship between denial of justice and the rule of exhaustion of local remedies.
- To examine the position of international courts and arbitral tribunals regarding cases of denial of justice, and to benefit from judicial and arbitral practice in determining the standards governing such responsibility.
- To examine applications of denial of justice in the fields of international investment, international criminal law, and human rights.
Discussion Committee
The discussion committee consisted of:
- Prof. Dr. Ahmed Shakir Sami – Chairperson
- Prof. Dr. Rana Salam Amana – Member
- Asst. Prof. Dr. Hawraa Qasim Ghanim – Member
- Prof. Dr. Haider Adham Abdul-Hadi – Supervisor
Following the discussion and evaluation of the thesis, the committee decided to accept the thesis subject to the required amendments and recommended awarding the student the master’s degree.
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