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Relevant bibliographies by topics / Exhaustion of local remedies (International law)

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Academic literature on the topic 'Exhaustion of local remedies (International law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 August 2024

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Journal articles on the topic "Exhaustion of local remedies (International law)"

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Thallinger, Gerhard. "The Rule of Exhaustion of Local Remedies in the Context of the Responsibility of International Organisations." Nordic Journal of International Law 77, no. 4 (2008): 401–28. http://dx.doi.org/10.1163/157181008x374898.

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AbstractIn the context of the responsibility of international organisations the duty to exhaust local remedies shall apply as a modified exhaustion of the internal remedies rule. Thereby, international organisations, like states, can avail themselves of the opportunity to rectify the behaviour of their organs by their own means. Against the backdrop of the raison d'être of international organisations, internal remedies do not necessarily have to meet the same stringent requirements as local remedies within states but must provide comparable legal redress. In order to render a claim against an international organisation admissible, such internal remedies have to be invoked beforehand. In toto, such an approach might serve as an incentive for international organisations to enhance means of legal review and promote legal protection of individuals against acts of international organisations that do today exercise state-like jurisdiction in an incremental number of instances.

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Tubic, Bojan. "Historical development of the rules on the local legal remedies in the process of diplomatic protection." Zbornik Matice srpske za drustvene nauke, no. 122 (2007): 179–89. http://dx.doi.org/10.2298/zmsdn0722179t.

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The rule of exhaustion of domestic remedies applies in the process of diplomatic protection. It is justified by the practical and political reasons, in order to avoid big number of claims at the international level. The individual, whose right has been violated, must have the opportunity to seek protection against the violation of international law, or to use the legal remedy, which relates to the questions of international law, but gives substantial compensation for the damage the claimant is complaining of. The rule on exhaustion of local remedies has its origins in the ancient times in the cases of reprisals and it receives its relatively clear limits in the 12th and 13th century, when it is invoked in solving the claims between the merchants and other cities. This practice has been present in the following centuries and with the strengthening of national states, reprisals were regulated by international agreements between states and they were allowed only when the plaintiff did not receive redress, or some unjustified delay in the procedure occurred. The legal doctrine, for example Hugo Grotius and Vattel agreed on this issue and supported the related practice. In the 19th and 20th century practice of the states has been intensified concerning this issue and it presents one of the conditions for the diplomatic protection before international courts and arbitrations. This tendency continues today and the rule on exhaustion of local remedies has its place in the area of protection of aliens and human rights.

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Marotti, Loris. "Determining the Scope of the Local Remedies Rule in unclos Disputes." Max Planck Yearbook of United Nations Law Online 21, no. 1 (October 10, 2018): 36–62. http://dx.doi.org/10.1163/13894633_021001003.

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Art. 295 of the UN Convention on the Law of the Sea (unclos) embodies the rule of prior exhaustion of local remedies by making a renvoi to cases where the application of the rule is required by international law. In the practice of the International Tribunal for the Law of Sea (itlos) and Annex vii Tribunals, States continuously raise preliminary objections based on Art. 295. However, such tribunals have never found the local remedies rule applicable. In this paper, it is argued that the approach taken by unclos Tribunals towards the applicability of the local remedies rule is not persuasive since, absent proper reasoning, it fails to align with – or expressly depart from – what appears to be the present state of international law on the topic. Furthermore, the above practice undermines the effectiveness of Art. 295 and calls into question the actual relevance of the local remedies rule within unclos disputes. In the present article the approach followed by unclos Tribunals with respect to the applicability of the local remedies rule is assessed against a reconsideration of the issue of mixed claims and the specific regime set forth in the Law of the Sea Convention. In the concluding section the approach taken in unclos Tribunals’ case law is considered in light of recent criticisms pointing out the current improper expansion of the jurisdiction under unclos Part xv.

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Hauck, George H., and A. A. Cancado Trindade. "The Application of the Rule of Exhaustion of Local Remedies in International Law." American Journal of Comparative Law 34, no. 1 (1986): 163. http://dx.doi.org/10.2307/840300.

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Sattorova, Mavluda. "Return to the Local Remedies Rule in European BITs? Power (Inequalities), Dispute Settlement, and Change in Investment Treaty Law." Legal Issues of Economic Integration 39, Issue 2 (May 1, 2012): 223–47. http://dx.doi.org/10.54648/leie2012014.

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This article will examine the evolving attitudes to the exhaustion of local remedies requirement and its waiver in investment treaty instruments through the prism of inequalities of power between different states and the role of international law in entrenching such inequalities. Focusing on the recent proposal by the European Parliament to re-introduce the exhaustion of remedies requirement in European BITs, this article seeks to demonstrate that, just like in general international law and despite the traditional claims of neutrality and depoliticization, inequalities of power continue to influence the making of investment treaty norms and hold sway over the settlement of investment disputes. Lest its long-term sustainability and credibility is undermined by the existing distortions in investment treaty policy and arbitral practice, the institute investor-state arbitration should be reinvigorated through a greater push for reciprocity in the relationship between international tribunals and national courts in developed and developing states alike.

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ZHENGYI, ZHANG, and YUE QIANG. "INVESTMENT DISPUTE SETTLEMENT MECHANISM UNDER THE IMPLEMENTATION OF CHINESE FOREIGN INVESTMENT LAW." Sociopolitical Sciences 11, no. 2 (June 28, 2021): 32–41. http://dx.doi.org/10.33693/2223-0092-2021-11-3-32-41.

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With the formal implementation of the Foreign Investment Law, a multi-level dispute settlement mechanism targeted at disputes has been formed. Under the background of the implementation of the foreign investment law, diversified investment dispute settlement is forming and will go through innovation, especially under the background of open-up investment dispute settlement mechanism. Multi-level investment disputes relate to both domestic and international level, “wall” function for international investment dispute settlement mechanism may realize through the principle of exhaustion of local remedies.

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Robertson, Bernard. "Exhaustion of Local Remedies in International Human Rights Litigation—The Burden of Proof Reconsidered." International and Comparative Law Quarterly 39, no. 1 (January 1990): 191–96. http://dx.doi.org/10.1093/iclqaj/39.1.191.

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Martha, Rutsel Silvestre J. "World Trade Disputes Settlement and the Exhaustion of Local Remedies Rule." Journal of World Trade 30, Issue 4 (August 1, 1996): 107–30. http://dx.doi.org/10.54648/trad1996031.

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Milano, Enrico. "The Investment Arbitration between Italy and Cuba: The Application of Customary International Law under Scrutiny." Law & Practice of International Courts and Tribunals 11, no. 3 (2012): 499–524. http://dx.doi.org/10.1163/15718034-12341237.

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Abstract The present article describes the arbitral proceedings in the investment dispute between Italy and Cuba, with special regard for the Final Award rendered in 2008. The arbitration has raised a number of interesting issues in the application of customary international law, including the admissibility of claims in diplomatic protection in investment disputes under a BIT, the application of the rule on the exhaustion of local remedies, the attribution of acts of State-owned enterprises to the State and the use of general international law as a means to interpret treaty provisions defining the scope of the BIT. Some of these aspects have proved particularly controversial, as shown by the thorough dissenting opinion attached by arbitrator Tanzi, and they are critically analysed. The arbitration confirms the profound interdependence of bilateral treaties and customary international law in international investment arbitration.

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Adler, Matthew H. "The Exhaustion of the Local Remedies Rule after the International Court of Justice's Decision in Elsi." International and Comparative Law Quarterly 39, no. 3 (July 1990): 641–53. http://dx.doi.org/10.1093/iclqaj/39.3.641.

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Dissertations / Theses on the topic "Exhaustion of local remedies (International law)"

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Ribicic, Dalibor. "Exhaustion of Local Remedies : Is Exhaustion of Local Remedies Procedural or Substatntive Requirement in Investment Treaty Arbitration." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-412093.

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Shahid, zuhaib. "The Exhaustion of Local Remedies : Substantive Requirement of Exhaustion of Local Remedy Rule in Investment Arbitration." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-352280.

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Zakhour, Georges-Philippe. "La prééminence du droit international et de l'arbitrage transnational en droit des investissements étrangers." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020018.

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Établissant une relation entre un État ou l’une de ses émanations, d’une part, et un investisseur d’autre part, le droit des investissements étrangers se meut au-delà de la distinction droit public/droit privé. Compte tenu du fait qu’il se situe à un point de jonction entre le droit international et le droit interne, le droit des investissements pose d’importantes questions relatives à la loi applicable, ainsi qu’aux juridictions compétentes. Conçu comme un ordre juridique spécifique provenant de l’interaction entre les ordres juridiques international et interne, le droit des investissements engendre de multiples répercussions quant à son interférence avec l’ordre juridique interne. Cette interférence, n’étant soumise à aucune hiérarchie de compétence législative ou juridictionnelle, soulève de sérieuses interrogations : quel serait le droit applicable lorsque les droits interne et international ont vocation à s’appliquer dans un même litige ? Dans le même ordre d’idées, quelle serait la juridiction compétente si les institutions juridictionnelles internationales et internes sont toutes les deux compétentes selon leurs propres règles de rattachement pour trancher le litige ? Les réponses à ces interrogations ne sont pas évidentes et continuent de donner lieu à de vifs débats. La question n’ayant pas été tranchée de façon ferme et définitive, la présente étude proposera d’y apporter des éléments de réponse en démontrant la manifeste prééminence du droit international de fond et de l’arbitrage transnational de nature à permettre d’écarter l’application de la loi locale et d’exclure la compétence des juges internes. Cette prééminence fera enfin l’objet d’un examen approprié
Establishing a relationship between a State or one of its emanations, on the one hand, and an investor, on the other, international investment law moves beyond the distinction between public law and private law. Given the fact that it resides in-between international law and domestic law, international investment law raises important questions about the governing law and jurisdiction. Conceived as a specific legal order arising from the interaction between the international and the national legal orders, international investment law begets controversy with respect to its interference with the national legal order. This interference, which is not submitted to any hierarchy on the legislative or jurisdictional level, raises serious questions: what would be the applicable law when domestic law and international law are both involved in the same dispute? In a similar manner, what would be the competent court if the international and domestic jurisdictional institutions are both competent according to the rules of their own legal order? The answers to these questions are not obvious and continue to give rise to heated debates. As the issue has not been firmly and definitively resolved, the present study aims to provide an answer by demonstrating the pre-eminence of substantive international law and transnational arbitration to the point of clearly excluding the application of the local law and the competence of domestic judges. This pre-eminence will finally be subject to an in-depth examination

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Raspail, Hélène. "Le conflit entre droit interne et obligations internationales de l’Etat." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020096/document.

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A première vue, les obligations de l’Etat déterminent les comportements de ce dernier, et l’on ne perçoit pas en quoi le droit interne pourrait leur porter atteinte. Pourtant, la production de certains actes juridiques, entendus par le droit international comme réalisant immédiatement des situations individuelles, pourra être considérée comme une violation de ces obligations. Avant même leur exécution, un fait internationalement illicite pourra être consacré. Certaines règles juridiques, en revanche, apparaîtront plus abstraites au regard du droit international, et ne pourront donner lieu, de leur simple fait, qu’à un risque de violation des obligations de l’Etat. Il faudra alors envisager une autre catégorie d’obligations qui, cette fois, se porteront sur l’état du droit interne général. L’existence de règles dont l’état n’est pas celui requis par ces obligations pourra alors donner lieu à un fait internationalement illicite. Se pose toutefois, dans un second temps, la question de la responsabilité qui peut naître de tels faits, dont les conséquences préjudiciables semblent bien limitées. Plus le droit interne à l’origine de l’illicéité sera abstrait, plus la responsabilité de l’Etat s’éloignera d’une quelconque dimension réparatoire, pour se tourner vers une garantie de la légalité future. Vient alors la problématique de la mise en oeuvre de cette responsabilité. Les conditions classiques de recevabilité des demandes devant les juridictions internationales peuvent en effet s’opposer à ce que puisse être prise en compte une violation du fait du droit interne in abstracto. Alors que ces obstacles pourront aisément être levés dans le cas des actes juridiques individuels, les règles internes en conflit avec les obligations de l’Etat seront, à des degrés divers, plus difficiles à mettre en cause dans un cadre contentieux. Toutefois, certaines juridictions ou quasi-juridictions internationales s’affranchissent aujourd’hui de ce cadre, incitant ainsi fortement les Etats à adapter leur droit interne, selon les nouvelles exigences du droit international
At first sight, international obligations define real actions of States. Domestic law seems, from certain points of view, unable to affect them. However, the mere enactment of national legal acts, understood by international law as immediate realizations of individual situations, may be amount to a breach of these international obligations. Without any enforcement, an international wrongful act will be exposed. Nevertheless, some domestic norms will still be very abstract from an international point of view. Their creation and maintenance in force can’t be seen an international failure rather a risk. Thus, our task will be to find some other kind of State’s obligations, that relates specifically to a given state of general domestic law. An international wrongful act will be then constituted by the very existence of a national norm, if its state is not the one required by international law. Still, the question of State responsibility for such actions, which don’t cause any concrete injury, has to be answered. The more abstract domestic law is, the furthest responsibility will be from a restorative dimension. Responsibility will only be aimed at protecting the international rule of law for the future. Finally, this leads us to the question of the implementation of this responsibility, since classic international litigation law can prevent a claim against domestic law as a wrongful act. This challenge is easily overcome as long as an individual legal act is at stake. On the contrary, a claim against the fact of a general norm is, on different levels, far more difficult to present before international courts. Today however, some international tribunals go beyond this frame, urging States to adapt their domestic law, following the new exigencies of international law

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Akwugo, Nduka Esther. "Diplomatic protection in the jurisprudence of the International Court of Justice and the South African law." Thesis, 2013. http://hdl.handle.net/10210/8646.

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LL.M. (International Law)
This thesis is based on the jurisprudence of the International Court of Justice viz a viz the South African law and practices as it relates to diplomatic protection of nationals or corporate entities who encounter problem with the law in a foreign country. How the concept of diplomatic protection has assisted individuals and corporate entities who wish to go to a foreign country for whatever reason to feel free and relaxed knowing that their lives and property are protected. The expose examines the rights of individuals to diplomatic protection in international law in comparison with the rights of nationals to request for diplomatic protection in South Africa. The questions posed are; what is the liability of the state to its nationals, what level of responsibility is to be exhibited by the state when providing diplomatic protection and do such nationals have a right to demand to be protected in international law and or municipal law. Chapter one will examine the growth and historical development of diplomatic protection and the position as it is today. Chapter two will deal with nationality issues, this is because to determine who will be the beneficiary of diplomatic protection nationality must first be determined. The issues to be discussed in this chapter are: acquisition of nationality, double or multiple nationalities, continuity of nationality, loss of nationality, nationality of a Corporation and its shareholders, stateless persons and refugees, and the right to diplomatic protection. In answering the question of state responsibility, chapter three will examine the local remedy rules. This is because local remedies will have to be exhausted before the state can intervene. Chapter four will examine the treatment of alien which include expulsion of alien, expropriation of foreign property, and consular protection. Various attempts have been made to define Diplomatic protection, but there has not been a generally accepted definition. Some of these definitions are highlighted below. A description is also provided below to help with the understanding and scope of diplomatic protection.

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Špaček, Metod. "Kodifikace pravidel diplomatické ochrany." Doctoral thesis, 2012. http://www.nusl.cz/ntk/nusl-311816.

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This thesis deals with one of the modern topics of international law - diplomatic protection. It provides for its comprehensive assessment from a wider and deeper perspective on the background of the codification process, which culminated in 2006, when the International Law Commission (ILC) adopted 19 Draft Articles on Diplomatic Protection. In the current state of international law, diplomatic protection is based on customary international law. It is an instrument to protect nationals (be it a natural or legal person) by their state of nationality, if they injured by another (host) state in violation of international law. Under the current definition, diplomatic protection means the invocation (through peaceful means) by a state of the responsibility of another state for an injury caused to a national by an internationally wrongful act of that another state. The aim of diplomatic protection is to implement this responsibility. The application and exercise of diplomatic protection is considered to be a sovereign, discretional right of the state, although the thesis points out the some recent developments in international law towards the need to recognize the rights and interests of the individual, as well as the constitutional practice of some states guaranteeing its citizens a (domestic) right to...

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Wang, Jer-ming, and 王哲明. "The Application of the Exhaustion of Local Remedies in the Law of the Sea." Thesis, 1996. http://ndltd.ncl.edu.tw/handle/9xbdv4.

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碩士
國立海洋大學
海洋法律研究所
84
Traditional international claims pratices reveal the fact that the damages caused to foreigners or their property usually happen in the territory of the respondent state. Therefore, international law publicists discussing the exhaustion of local remedies rule commonly do their researches within that range. However, in addition to within the territory of the respondent state, the foreigners can possibly be damaged on the sea. For example, the public vessels ofthe coastal states illegally arrest, destruct foreign merchant orfishery vessels and injure foreign fishermen or seamen. Then, does the exhaustionof local remedies rule apply to such cases? And if it does, how does it be applied? According to the United Nations, among 146 coastal states claiming maritime zones, 121 claim 12 nautical miles territorial waters, 47 claim 24 nautical milescontigous zone and 86 claim 200 nautical miles exlusive economic zone by October 15, 1995. Therefore, the maritime jurisdictional zones are far more expandedthan they are used to be and the disputes between coastal states and foreign individuals. In such cases, the application of the said rule is worth noting. When a state presents a claim against another on behalf of its citizen, according to generally opinions, the following prerequisites have to be met. That is: first, the acts or ommisions cause damages to foreigners must be inbreach of international law and imputed to the respondent state; second, before the injured individual requests the diplomatic protection he must have exhausted all thelegal remedies of the respondent state. Accordingly, this thesis first dicusses state responsibility and the basic principles of international claim and then interprets theexhaustion of local remedies rule and its application in the law of the sea.

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Mervartová, Petra. "Diplomatická ochrana a její poskytování v mezinárodním právu." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-373810.

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This diploma thesis deals with the topic of diplomatic protection and it's use in the system of international law. The goal of this thesis is to describe the legal institute of diplomatic protection and how it is exercised and to describe both the historical development of the institute and it's future direction. The thesis is divided into five chapters that gradually develop and analyse the topic. The first chapter deals with the definition of the legal term diplomatic protection and it's content. It also lists the conditions under which the diplomatic protection can be exercised. Part of the chapter deals with the history of the institute and also speaks about some legal institutes similar to diplomatic protection. The second chapter summarises the efforts taken in order to codify the institute and introduces Draft Articles on Diplomatic Protection to the reader. This chapter also describes the current situation of usage of the institute. The third chapter is focused on exercising diplomatic protection on behalf of individual citizens. It's main focus is to list all the necessary conditions under which can diplomatic protection be used in those cases. The fourth chapter on the other hand deals with providing diplomatic protection to legal entities and the conditions of such provision. There is a...

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Books on the topic "Exhaustion of local remedies (International law)"

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Amerasinghe, Chittharanjan Felix. Local remedies in international law. 2nd ed. Cambridge: Cambridge University Press, 2004.

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Mazzeschi, Riccardo Pisillo. Esaurimento dei ricorsi interni e diritti umani. Torino: G. Giappichelli, 2004.

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Amerasinghe, Chittharanjan Felix. Local remedies in international law. Cambridge: Grotius, 1990.

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Milanković-Vasović, Ljiljana. Stečajni postupak. Beograd: Intermex, 2010.

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Amerasinghe, Chittharanjan Felix. Local Remedies in International Law. Cambridge University Press, 1993.

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Amerasinghe, Chittharanjan Felix. Local Remedies in International Law. Cambridge University Press, 2006.

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Amerasinghe, Chittharanjan Felix. Local Remedies in International Law. Cambridge University Press, 2004.

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Amerasinghe, Chittharanjan Felix. Local Remedies in International Law. Cambridge University Press, 2004.

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Amerasinghe, Chittharanjan Felix. Local Remedies in International Law. Cambridge University Press, 2004.

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Amerasinghe, Chittharanjan Felix. Local Remedies in International Law. Cambridge University Press, 2010.

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Book chapters on the topic "Exhaustion of local remedies (International law)"

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Rajput, Aniruddha. "National Courts as Actors in Investment Arbitration." In Public Actors in International Investment Law, 37–56. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-58916-5_3.

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AbstractNational courts are actors in investment arbitration since they influence the functioning of investment arbitration and are themselves in turn influenced by investment arbitration. The influence of national courts on investment arbitration is larger than the influence of other international courts and tribunals, since national law is part of the applicable law in investment arbitration and national courts are authorised to interpret and apply national law. National courts influence investment arbitration by competing for jurisdiction through the exhaustion of local remedies, umbrella clauses, and the fork-in-the-road rule. National courts facilitate investment arbitration by enforcing awards and at the same time disrupt it when rejecting enforcement or issuing anti-arbitration injunctions. Investment tribunals can restrain national courts by issuing anti-suit injunctions. Above all, they can review the decisions of national courts on grounds of denial of justice, fair and equitable treatment, the effective means test, and indirect expropriation. The the relationship between national courts and investment tribunals is such that the later have the last word, although the role of national courts as actors is certainly noteworthy.

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Romano, Cesare P. R. "The Rule of Prior Exhaustion of Domestic Remedies: Theory and Practice in International Human Rights Procedures." In International Courts and the Development of International Law, 561–72. The Hague, The Netherlands: T. M. C. Asser Press, 2013. http://dx.doi.org/10.1007/978-90-6704-894-1_41.

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"Arbitration and the Exhaustion of Local Remedies Revisited." In Justice in International Law, 191–95. Cambridge University Press, 1994. http://dx.doi.org/10.1017/cbo9780511551765.012.

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"Exhaustion of local remedies and denial of justice." In Denial of Justice in International Law, 100–130. Cambridge University Press, 2005. http://dx.doi.org/10.1017/cbo9780511494420.006.

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"Arbitration and the Exhaustion of Local Remedies (with J. Gillis Wetter)." In Justice in International Law, 171–90. Cambridge University Press, 1994. http://dx.doi.org/10.1017/cbo9780511551765.011.

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Okowa, Phoebe. "15. Issues of Admissibility and the Law on International Responsibility." In International Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198791836.003.0015.

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This chapter examines the legal regime governing the admissibility of claims in international adjudication. Particular attention is paid to the modalities of establishing legal interest in respect of claims brought by States in their own right and on behalf of their nationals. The role of nationality is examined and the problems posed by competing claims in relation to multiple nationalities are explored. The unique nature of the problems raised in extending diplomatic protection to corporations and shareholding interests is considered in light of the jurisprudence of international tribunals. The final section considers the ambit of the rule on exhaustion of local remedies and its effect on the admissibility of claims. The parameters of the rule are explored and circumstances when, as a matter of policy, it ought to be regarded as inapplicable are discussed.

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Natalie, Klein, and Parlett Kate. "3 Preliminary, Incidental, and Other Proceedings." In Judging the Law of the Sea. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780198853350.003.0003.

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This chapter discusses how jurisdiction is established for arbitration or adjudication under the UN Convention on the Law of the Sea (UNCLOS). In particular, it considers the existence of a dispute, the requirement to exchange views, and addresses whether alternative methods of international dispute settlement must be used instead of arbitration or adjudication under UNCLOS. The chapter sets out the most common objections to the admissibility of disputes in UNCLOS dispute settlement, including standing, estoppel, indispensable third parties, exhaustion of local remedies, and clean hands. The chapter addresses the main incidental and other proceedings that have arisen in UNCLOS dispute settlement to date and focuses on jurisdictional issues in these cases. These proceedings include the prescription of provisional measures, counter-claims, and proceedings to secure the prompt release of vessels under Article 292 of UNCLOS.

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Kolb, Robert. "L’Epuisement des Recours Internes Est-il une Condition de Fond, de Procédure ou les Deux à la Fois?" In The Global Community Yearbook of International Law and Jurisprudence 2021, 121—C5.N27. Oxford University PressNew York, 2023. http://dx.doi.org/10.1093/oso/9780197659083.003.0006.

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Abstract In this short contribution, the question as to whether the exhaustion of local remedies rule in the context of diplomatic protection pertains to the admissibility of the claim or the substance of the wrongful act. In the first case the exhaustion goes to the requirements of claims and litigation; in the second case, it goes to the existence of the substantive legal position. The various arguments made in legal writings are discussed and practice as far as is available is examined. The position taken by this author is that overall the admissibility explanation better fits the configuration of the law of international responsibility in this subject matter, but that also both explanations are legally possible and have arguments to their advantage.

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Collier, John, and Vaughan Lowe. "Dispute Settlement in the Law of the Sea." In The Settlement Of Disputes In International Law, 84–95. Oxford University PressOxford, 1999. http://dx.doi.org/10.1093/oso/9780198256694.003.0005.

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Abstract The dispute settlement provisions in the 1982 United Nations Convention on the Law of the Sea ( the ‘1982 Convention’) are remarkable for their detail and variety, which surpass even that of the 1899/1907 Hague Convention. The range of potential disputes is such that no single procedure for dispute settlement is appropriate. For example, there may be inter-State disputes of the kind that have in the past been brought before the International Court of Justice. These may be essentially legal in nature, as are disputes concerning jurisdiction over fishing on the high seas; or they may be inter-State disputes that involve the appreciation of a host of non-legal factors, such as disputes over maritime boundaries. They may, on the other hand, not be inter-State disputes. For example, a case arising from the seizure of a foreign vessel and its crew for fishing in a State’s exclusive fisheries zone would initially be brought before the arresting State’s own domestic courts, although it is possible that the case might subsequently, and after the exhaustion of local remedies, be taken up by the fishermen’s national State and pursued as an inter-State claim in the International Court or some other international tribunal.

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Viljoen, Frans. "Introductory Note." In The Global Community Yearbook of International Law and Jurisprudence 2020, 847–56. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197618721.003.0070.

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As far as admissibility is concerned, the African Court in 2019 started reversing its generous approach to applicants in determining a “reasonable period” in submitting cases to it after exhaustion of local remedies. The Court clarified that a UN Human Rights Committee finding on a matter that is substantially similar to an application before the Court renders the application inadmissible. The year saw increased politicisation of the Court, with a number of applications for provisional measures pertaining to elections and by or on behalf of political leaders reaching the Court, in particular from Côte d’Ivoire and Benin. The Court delivered a number of landmark merits decisions. It found that the mandatory nature of the imposition of the death penalty violated the African Charter guarantee against arbitrary derivation of the right to life, and that the method of implementing violated the right to dignity and the prohibition of torture and cruel, inhuman, and degrading treatment. Almost all decisions on the merits and reparations during 2019 were against Tanzania. The increasing financial and institutional played a role in Tanzania on 21 November 2019 withdrawing its declaration accepting direct individual access to the Court. However, the amount of reparations required by Tanzania is much less that the USD 110 million reparations the Court ordered Benin to pay in a single case. Another striking feature of the Court’s jurisprudence in 2019 is a number of pointed dissenting and separate opinions.

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Conference papers on the topic "Exhaustion of local remedies (International law)"

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Mitrović, Ljubinko, and Predrag Raosavljević. "HUMAN RIGHTS OMBUDSMEN IN THE PANDEMIC: CHALLENGES IN PROTECTION OF VULNERABLE GROUPS." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18353.

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Pandemic of virus COVID-19 posed numerous and unprecedented challenges to citizens and authorities which required shift in behavior and actions of all segments of society. Representing Ombudsmen Institution of Bosnia and Herzegovina, authors shared their experience in monitoring implementation of the decisions of all levels of government and presented challenges in striking the right balance between interests of public health and protection of rights of vulnerable groups. Public authorities in Bosnia and Herzegovina have passed emergency measures aimed at containing the spread of virus, but some of them failed to maintain human rights standards. Following the decisions of crisis centers to limit the freedom of movement, it was necessary to secure rights of children to education, protection from domestic violence and neglect in the family context. In introducing online education, authorities were asked to adapt recognition and grading system to the children in different conditions and circumstances, especially to the children with difficulties in development, children living in poverty and on margins of society such as Roma children or those living in institutions. Ombudsmen Institution registered increase in the number of domestic violence cases because measures limiting freedom of movement had impact on victims' ability to seek help from trusted sources, usually members of immediate family or representatives of law enforcement agencies. Having in mind that large number of citizens could not afford access to the official gazettes in any form, Ombudsmen requested that all enacted legislation be accessible online recommended that the decision banning reporters from conferences be reconsidered, guided by the right of citizens to be informed of their government actions. Examining the practice of placing COVID stickers on mail by the Post Office, Ombudsmen issued recommendation to stop such practice as it was deemed disproportional to the right to privacy and protection of personal data, while the protection of postal workers could have been ensured by other protective measures. It also became evident that national budgetary capacities had to be increased in order to prevent deterioration in provision of basic public services such as health and social protection, since economic consequences of the pandemic were disproportionally felt by the groups exposed to poverty, such as Roma, refugees or migrants. Drawing conclusion from concrete cases, authors offer review of particular emergency measures, analyze their adequacy, justifiability and timeliness, while presenting authorities’ response to Ombudsmen’s findings in formulating more adequate and efficient but, at the same time, least intrusive measures taken in response to the disaster. In search of common response to such widespread phenomenon, governments should recognize the intention of Ombudsmen Institutions to be in „permanent session“ over protection of vulnerable groups and should more actively involve it in discussions on emergency measures and their effect on human rights and freedoms. It proved to be better suited to act quickly, to apply more effective remedies and to correct government actions thanks to its knowledge of the local context than traditional institutions for protection of human rights, such as constitutional courts, international courts or treaty bodies.

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