Due process and protection of the parties' rights

This chapter addresses international ‘adjudicatory’ due process, discussing, first, the inherently contextual nature of due process, and, second, how the underlying principles and the procedural rights of the parties are safeguarded in international inter-state courts and tribunals. Drawing mainly from the experience of the ICJ, it addresses the way in which the different components of ‘adjudicatory’ 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 decision stating the reasons upon which it is based – have developed at the international level.