Origin and Development of Denial of Justice

Abstract

The legal aspects of denial of justice and its position in the framework of international law have been expounded in a number of important works.1 Regarding the history of the doctrine, however, there appears to be no work of any importance, apart from the excellent observations of Charles De Visscher.2 This is not in any way surprising in view of the fact that the history of international law is a subject which does not receive the attention it deserves, and more particularly in view of the legend, which has been disproved in a convincing manner by James Brown Scott, that there was no system of international law prior to the days of Grotius. Yet the history of denial of justice is not only extremely interesting, but it also throws light on some of the most important institutions of modern international law.

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