Pertanggungjawaban Negara Terhadap Pengingkaran Keadilan dalam Arbritase Internasional
DOI:
https://doi.org/10.36448/pranatahukum.v11i1.191Keywords:
State Responsibility; Denial of justice; the International Arbritase.Abstract
Denial of justice as be the emergence of state responsibility in international law if the country does not meet certain standards in carried out justice against foreigners . In essence, the denial of justice is a concept of protection for investors , which is based on three elements , foreigners
, the state responsibility under international law , and how unfair in holding the judiciary . The legal consequences of denial of justice is a state should be responsible for either restitution or
compensation . ( Zephaniah B.P. Naidoo , 2015: 11 ) . Denial of justice (denial of justice) this comes as no availability or provides a means of justice as appropriate in resolving the case by using local legal institutions ( the exhaustion of local remedies ) . So when there is denial of justice one party can sue the State Responsibility of the provider country of law .