Due process and protection of the parties’ rights

This chapter discusses the contextual nature of the notion of ‘due process’ before analysing its connotations in international judicial and arbitral proceedings. It focuses specifically on inter-state proceedings and the ICJ, addressing in this perspective the main procedural requirements linked to due process, notably: the right to an independent and impartial tribunal, the right to be heard on a basis of equality with the other party and the right to a reasoned decision, with their various ramifications. Safeguarding the rights and, at least to a certain extent, the wishes of the parties should be a primary consideration for international courts and tribunals, although other factors ought to be considered, such as the need to protect the rights of third parties (including non-state actors) and the integrity of the judicial or arbitral function as such.