Jump to ContentJump to Main Navigation
International Investment Law and Comparative Public Law$
Users without a subscription are not able to see the full content.

Stephan W. Schill

Print publication date: 2010

Print ISBN-13: 9780199589104

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199589104.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 November 2019

Minimum Standards of Procedural Justice in Administrative Adjudication

Minimum Standards of Procedural Justice in Administrative Adjudication

Chapter:
(p.39) 2 Minimum Standards of Procedural Justice in Administrative Adjudication
Source:
International Investment Law and Comparative Public Law
Author(s):

Giacinto della Cananea

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199589104.003.0002

Due to globalization, States are increasingly affected by external factors, whilst at the same time influencing the behaviour of individuals and firms, including foreign investors. Their decisions produce binding effects, for example, when an authorization is issued or refused. The question thus arises whether procedural safeguards aiming at achieving due process of law may be regarded as minimum standards that must be observed. This chapter first looks at the history of ideas and argues that the works of Montesquieu, Smith, and Tocqueville show that the idea of general principles of law is not necessarily in contrast with the recognition of particularities. Then, it observes that, as far as administrative adjudication is concerned, some common standards emerged within the OECD, both as a result of common developments and as a consequence of the action of multilateral institutions. It suggests, therefore, that an ‘echelle des garantie’ may be identified.

Keywords:   administrative adjudication, due process of law, duty to give reasons, general principles of law, right to be heard, principle of justice, minimum standards

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .