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International Investment Law and Comparative Public Law$
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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

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Minimum Standards of Procedural Justice in Administrative Adjudication

Minimum Standards of Procedural Justice in Administrative Adjudication

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

Giacinto della Cananea

Oxford University Press

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

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