Chapter 2 Procedural fairness
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The FET obligations in IIAs and WTO obligations requiring the establishment of review procedures for executive actions reflect a common principle of procedural fairness. As long as the different text and scope of the provisions is kept in mind, each regime may therefore be able to take guidance from the other when applying these norms. Considering relevant investor-state arbitral tribunal awards and WTO dispute settlement reports can therefore provide a more concrete idea of exactly what ‘due process’ requires in domestic judicial and administrative proceedings. Key elements of procedural fairness in international economic law are access to review procedures, the right to be heard, timeliness of review and substantively just outcomes. The comparative consideration of procedural fairness in these two regimes provides insights for the development of the customary international law doctrine of denial of justice, and for our understanding of due process as a general principle of law.

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