Jurisdictional objections to denial of justice claims: analysis of Chevron Corporation and Texaco Petroleum Corporation v. The Republic of Ecuador
Article from: OGEL 3 (2009), in OGEL Student Special
Abstract
(Sorbonne, University of Paris I) The Chevron Interim Award[1] on jurisdictional objections relied on the prima facie test for exhaustion of local remedies that denial of justice claims need to satisfy. This test seems inappropriate because jurisdictional and merits issues are more closely linked when assessing liability under the customary international law delict of denial of justice than with violations of treaty norms. Moreover, bifurcated proceedings on jurisdiction and on the merits also seem inappropriate when the key issue of ...