No. 11

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International Commercial Mediation and the Development of the Right of Access to Justice
(2025) Yousfi, Mourad
Access to justice is a fundamental and constitutional right and concept in most modern legal systems. This right is seen as a safeguard of peace and prosperity in societies through the insurance of the respect of the rule of law and rights by defined structures and institutions. Although the prevailing interpretation of this right is closely linked to the judicial system, there seem to be some developments toward integrating other tools and the emergence of a complex institutional and regulatory justice system. The case of international business disputes appears to be worthy of study as it reflects the specific needs and requirements for customized access to justice in this field. This paper will try to explore this movement and shift in paradigms, focusing on the potential influence of some mechanisms such as mediation, on the classic understanding of access to justice.