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Journal articles on the topic 'Exhaustion of local remedies (International law)'
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1
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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Syahrul Fauzul Kabir. "KRISIS DAN REFORMASI: PENYELESAIAN SENGKETA DALAM PERJANJIAN INVESTASI BILATERAL DI NEGARA DUNIA KETIGA." Mimbar Hukum 33, no. 2 (December 30, 2021): 401–35. http://dx.doi.org/10.22146/mh.v33i2.3728.
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Abstract The origin of Investor-State Dispute Settlement (ISDS) is an attempt to eliminate political aspects (depoliticization) in resolving investment disputes. Previously, the settlement of investment disputes was carried out through State-State Dispute Settlement (SSDS) mechanism. The implementation of ISDS relatively marks the end of exhaustion of local remedies’s principle (ELR). As customary international law, the ELR principle requires foreign national whose rights are violated to take local remedies. This research used juridical-normative and comparative method. Based on the specifications, this research is descriptive-analytical. In response to ISDS’s problem, third world countries such as Indonesia, India, Brazil, and South Africa drafted new Bilateral Investment Treaty (BIT) model, specifically the ISDS clause. The ELR principle is adopted by India and South Africa. While Brazil and South Africa employ SSA mechanism, instead of ISA. Even India facilitates an appeal mechanism based on separate international agreement. Meanwhile, instead of reforming by applying the ELR principle, Indonesia has only strengthened alternative dispute resolution while also facilitating the ISA. Thus, Indonesia has not fully anticipated the ISDS legitimacy crisis and, therefore, has the potential to receive lawsuits from investors that could be detrimental, both to national regulations and state finance. Abstrak Latar belakang kemunculan ISDS adalah upaya penghilangan aspek politis (depolitisasi) dalam penyelesaian sengketa investasi. Sebelumnya, penyelesaian sengketa investasi ditempuh melalui mekanisme State-State Dispute Settlement (SSDS). Implementasi ISDS relatif menandai berakhinya prinsip exhaustion of local remedies/ELR. Sebagai hukum kebiasaan internasional, prinsip ELR mensyaratkan pihak asing yang hak-haknya dilanggar untuk menempuh peradilan lokal terlebih dahulu. Metode pendekatan yang digunakan dalam penelitian ini adalah yuridis normatif dan komparatif. Berdasarkan spesifikasinya, penelitian ini bersifat deskriptif analitis. Merespon krisis ISDS, negara-negara dunia ketiga seperti Indonesia, India, Brazil dan Afrika Selatan menyusun model Perjanjian Investasi Bilateral (BIT), khususnya klausul ISDS baru. Prinsip ELR kembali digunakan oleh India dan Afrika Selatan, sementara Brazil dan Afrika Selatan menerapkan mekanisme SSA, alih-alih ISA. India bahkan membuka peluang bagi diterapkannya upaya banding berdasarkan perjanjian internasional secara terpisah. Sementara, alih-alih reformis dengan menerapkan prinsip ELR, Indonesia hanya memperkuat alternatif penyelesaian sengketa seraya tetap memfasilitasi ISA. Dengan demikian, Indonesia belum sepenuhnya mengantisipasi krisis legitimasi ISDS dan, karenanya, berpotensi menerima gugatan dari investor yang dapat merugikan, baik terhadap regulasi nasional maupun secara finansial.
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Vermeer-Künzli, Annemarieke. "A Matter of Interest: Diplomatic Protection and State ResponsibilityErga Omnes." International and Comparative Law Quarterly 56, no. 3 (July 2007): 553–81. http://dx.doi.org/10.1093/iclq/lei182.
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AbstractInternational law recognizes two mechanisms for the protection of individuals in case of violations of peremptory norms affecting individuals: invocation of State responsibilityerga omnesand diplomatic protection. While they share some fields of applications and are both based on some measure of indirect injury, there are important differences between these two mechanisms. This paper analyses and discusses these differences and similarities, and concludes by demonstrating that the essential distinction is to be found in the legal interest in the claim and the nature of the claim. The traditional conditions for the bringing of a claim based on indirect injury that are applicable to diplomatic protection (exhaustion of local remedies and nationality of claims) are not applicable to invocation of responsibilityerga omnes. This paper will argue that the latter is based on an obligation owed to the community as a whole, including the claimant State, and therefore constitutes a direct claim. In the interest of enhancing protection of individuals against violations of peremptory norms, the simultaneous existence of these two mechanisms should be welcomed.
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Weiss, Friedl. "The Application of the Rule of Exhaustion of Local Remedies in International Law. By A. A. Cançado Trindade. Cambridge Studies in International and Comparative Law, New Series. [Cambridge: Cambridge University Press. 1983. xlv + 443 pp. £30]." International and Comparative Law Quarterly 34, no. 1 (January 1985): 208–10. http://dx.doi.org/10.1093/iclqaj/34.1.208.
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Lillich, Richard B. "The Application of the Rule of Exhaustion of Local Remedies in International Law. By A. A. Cançado Trindade. New York: Cambridge University Press, 1983. Pp. xi, 443. Index. $59.50." American Journal of International Law 81, no. 1 (January 1987): 271–74. http://dx.doi.org/10.2307/2202167.
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Nelin, Oleksandr. "Human and civil rights as a determiner of national state-building." Legal Ukraine, no. 7 (September 21, 2020): 6–12. http://dx.doi.org/10.37749/2308-9636-2020-7(211)-1.
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At the present stage of their development the Ukrainian society and the state are characterized by their pursuit to provide maximum realization of human and civil rights and to create a full-scale civil society. Obviously, in this context, a significant attention is paid to the human rights in Ukraine, however there is insufficient research systematically conceptualizing the human rights employing philosophical and legal instruments and methodology. The author highlights that particular attention in the mechanism of organizational and legal remedies is paid to judicial and extrajudicial protection of human and civil rights. In accordance with the Article 55 of the Constitution of Ukraine the judicial protection of human and civil rights is maintained through the system of general jurisdiction courts of Ukraine. The state ensures the right of every person to appeal in court against any decisions, actions or inactivity of the state bodies, local self-government bodies and government officials that violate human and civil rights. In case of exhausting all remedies of his/her rights and liberties protection in national courts the person can appeal to the international courts, e.g. to the European Court of Human Rights. At present, Ukraine holds the third position in the number of its citizens’ appeals to this distinguished international legal institution. Every person is able to appeal to the extrajudicial institutions authorized to protect the constitutional human and civil rights and liberties. In Ukraine there is a special body for this purpose — the Ukrainian Parliament Commissioner for Human Rights, whose activities are determined by the Law of Ukraine «On the Ukrainian Parliament Commissioner for Human Rights» of 23 December, 1997. In case when all extrajudicial remedies of human rights protection are exhausted, a person has the right, guaranteed by the Constitution of Ukraine, to appeal to the international human rights organizations (Art. 55). In terms of the current theory and practice of guaranteeing the constitutional human and civil rights, together with the national regulatory, organizational and legal guarantees, it is worth to distinguish the international guarantees of the constitutional human and civil rights and liberties in Ukraine. The special international legal guarantees of the human and civil rights and liberties are usually divided into regulatory and institutional ones. Key words: human and civil rights and liberties, constitutional state, national legal doctrine, international law, imitation of human rights, constitutional and legal mechanism for ensuring human rights and liberties.
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Kim, Yeu Sun. "A Study on Clause of ‘Effective Means’ in International Investment Agreement." Institute for Legal Studies Chonnam National University 43, no. 3 (August 31, 2023): 93–116. http://dx.doi.org/10.38133/cnulawreview.2023.43.3.93.
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The International Investment Agreement (IIA) provides to investment and investor protection of contracting party’s obligations. It stipulates that if an investment and investor are damaged in violation of IIA’s protection clause, they will be subject to Investor-State Dispute Settlement (ISDS). Among the IIA's contracting party’s obligations, it does not provide for direct regulation of the conduct in judicial court of host countries.
Regulations on the conduct of judicial courts are generally included in the category of ‘denial of justice’ in customary international law under the IIA’s ‘Minimum Standard of Treatment’ clause. It is established in the ISDS precedent. Recently, this is included in IIA's illegal indirect expropriation. The ISDS arbitral tribunal formed the legal principle of judicial expropriation. Judicial expropriation deals with deprivation of investment asset, indirect expropriation, and judicial procedures and substantive judgments.
Regarding the conducts of the judicial authorities, it is regulated by the US model BIT and the Energy Charter Treaty (ECT) of the effective means clause of Article 12(10).
The effective means clause provision be limited to the IIA. It was introduced as a US Model BIT policy in the 1980’s, and is regulated in a number of US BIT’s concluded by this model BIT. And, like the US model BIT, ECT also includes provisions on the receiving country's effective means clause for investor’s claims and rights enforcement.
First, this paper examines the background of the introduction of the effective means clause in the IIA. Examining the legislative background can look into the criteria for interpreting provisions.
Second, the specific types of violations of the provisions of effective means in ISDS arbitration cases were reviewed.
Third, the relationship between the effective means clause of the IIA and judicial refusal was reviewed.
In the case of the ISDS arbitration award, the violation of the ‘denial justice’ of the minimum standard treatment clause and the effective means clause was raised at the same time. The effective means clause is more flexible in interpretation and application than a denial justice. The effective means clause does not require the ‘Exhaustion of Local Remedies’ Rule. In the ISDS case of White vs. India, there is a case in which the MFN clause was invoked and an effective means clause was application. The effective means clause can be a useful guide for interpreting the access to justice clause in the Korea-Japan BIT and the Korea-China-Japan BIT.
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Peters, Paul. "Exhaustion of Local Remedies: ignored in most bilateral investment treaties." Netherlands International Law Review 44, no. 02 (August 1997): 233. http://dx.doi.org/10.1017/s0165070x00004472.
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Enabulele, Amos O. "Sailing Against the Tide: Exhaustion of Domestic Remedies and the ECOWAS Community Court of Justice." Journal of African Law 56, no. 2 (August 23, 2012): 268–95. http://dx.doi.org/10.1017/s0021855312000058.
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AbstractThis article examines the practice of the ECOWAS Community Court of Justice relating to the exhaustion of domestic remedies. It argues that the court is wrong to maintain the view that it is not bound by the doctrine, simply because the court's protocol is silent on the point. The author urges the court to reconsider its view in order to align its practice with prevailing customary international law and treaty trends on the exhaustion of domestic remedies in international suits espoused before international courts by or on behalf of individuals.
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Lewis, Clive. "The Exhaustion of Alternative Remedies in Administrative Law." Cambridge Law Journal 51, no. 1 (March 1992): 138–53. http://dx.doi.org/10.1017/s0008197300016792.
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The application for judicial review is the primary means of challenging the legality of action taken by public bodies. Judicial review is not, however, the only avenue by which an individual may challenge a particular decision. Statute may create an appellate machinery to hear appeals against decisions of public bodies. There is a wide variety in the pattern of such schemes. There may be an appeal from a decision to a tribunal or other body, with a further right of appeal on a point of law or by way of case stated to the High Court or the Court of Appeal. Such mechanisms exist in a number of fields, most importantly in the field of revenue law, enforcement notices in planning law, decisions of inferior courts such as magistrates& courts, and social security law. There may be an appeal from a decision to an administrative tribunal or inferior court but with no right of appeal to the High Court, as in certain immigration cases where decisions may be appealed to an adjudicator and from him to the Immigration Appeal Tribunal. There may be an appeal from decisions to an administrative body such as a Secretary of State either with provision for appeal to the courts, as with appeals against refusals of planning permission by local authorities, or without any further right of appeal, as in the case of appeals against disciplinary decisions of chief constables.
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Vezzani, Simone. "Prior Exhaustion of Internal Remedies in Cases Involving the International Responsibility of the European Union." Italian Yearbook of International Law Online 22, no. 1 (2013): 59–89. http://dx.doi.org/10.1163/22116133-02201005.
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As recognised by the International Law Commission in the 2011 Draft Articles on the Responsibility of International Organisations, the rule of the prior exhaustion of internal remedies also applies to cases where the international responsibility of international organisations is invoked, be it in the field of diplomatic protection or human rights. This essay focuses on the application of this rule to the European Union (EU). The author maintains that the legal remedies available to individuals alleging injury as a result of an internationally wrongful act of the EU include both direct remedies before EU courts and remedies before domestic tribunals. He then scrutinises whether each remedy is capable of providing individuals with accessible and effective means of redress.
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Sheehan, Duncan, and Patrick Capps. "Book Review: The Law and Ethics of Restitution, Local Remedies in International Law." Common Law World Review 34, no. 2 (April 2005): 195–200. http://dx.doi.org/10.1350/clwr.34.2.195.65364.
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Gerasimenko, Tamara. "Exhaustion of domestic remedies as a condition of lodging a complaint before the European Court of Human Rights." Law Enforcement Review 1, no. 3 (October 3, 2017): 168–73. http://dx.doi.org/10.24147/2542-1514.2017.1(3).168-173.
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The subject. The article is devoted to the subject of the exhaustion of domestic remediesbefore filing a complaint to the European Court of Human Rights.The purpose. The purpose of this article is to show and reveal the characteristics of suchimportant condition of lodging a complaint before the European Court of Human Rights asthe exhaustion of domestic remedies.The methodology. The following scientific methods have been used to write this article:analysis, comparing and making conclusions.Results, scope of application. The right of individual petition is rightly considered to be thehallmark and the greatest achievement of the European Convention on Human Rights. Individualswho consider that their human rights have been violated have the possibility oflodging a complaint before the European Court of Human Rights. However, there are importantadmissibility requirements set out in the Convention that must be satisfied beforea case be examined. Applicants are expected to have exhausted their domestic remediesand have brought their complaints within a period of six months from the date of the finaldomestic decision. The obligation to exhaust domestic remedies forms part of customaryinternational law, recognized as such in the case – law of the International Court of Justice.The rationale for the exhaustion rule is to give the national authorities, primarily the courts,the opportunity to prevent or put right the alleged violation of the Convention. The domesticlegal order should provide an effective remedy for violations of Convention rights.Conclusions. The rule of exhaustion of domestic remedies is an important part of the functioningof the protection system under the Convention and its basic principle.
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Chinchón Álvarez, Javier. "La decisión del Comité de Derechos Humanos de las Naciones Unidas en el caso Francisca Alomar y otros contra España: un análisis crítico a partir del sistema general de Derecho Internacional público." REVISTA ELECTRÓNICA DE ESTUDIOS INTERNACIONALES 43, Junio 2022 (June 30, 2022): 1–28. http://dx.doi.org/10.17103/reei.43.07.
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This article will attempt to critically examine the recent decision of the United Nations Human Rights Committee in the Francisca Alomar et al. v. Spain case based on several key aspects of the general system of the International Responsibility of the State and Law of Treaties. In order to do so, the analysis will be divided into two parts: In the first one, based on the general theory of continuing wrongful acts, the Committee's resolution regarding the allegation presented as indirect victims of reported forced disappearances will be studied. In the second one, the solution offered regarding the consideration of the authors as direct victims of those events will be addressed, using the general principle of exhaustion of domestic remedies as the central piece of analysis.
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Lefeber, René, and David Raič. "Frontiers of International Law, Part One: The Chechen People, Continued." Leiden Journal of International Law 10, no. 1 (March 1997): 16–20. http://dx.doi.org/10.1017/s0922156597220029.
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We agree with André de Hoogh that the Chechens did not possess a right to external self-determination prior to the massive indiscriminate use oi military force by Russia in December 1994. At no point have we argued or suggested otherwise. Hence, up to December 1994, the Chechen claim did indeed not meet the conditions set by paragraph seven of the Friendly Relations Declaration. However, the Friendly Relations Declaration needs to be interpreted in view of usus and opinio iuris. In other words, one has to analyse how this paragraph has developed in customary international law. According to our analysis of the law of self-determination, the emergence of a right to external self-determination depends on two cumulative conditions, viz. 1) the serious and persistent violation of the right to internal self-determination and 2) the exhaustion of all total and international peaceful remedies by the people concerned to effectuate its right to internal self-determination. These conditions must be deemed fulfilled if the parent state seriously and massively violates the fundamental human rights and freedoms – in particular by an arbitrary violation of the right to life – of the persons belonging to the people concerned.
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Jagypparova, Aiym, and Zhyldyz Tegizbekova. "COMPARATIVE ANALYSIS OF THE PRACTICE OF IMPLEMENTING INTERNATIONAL HUMAN RIGHTS TREATIES IN THE REPUBLIC OF KAZAKHSTAN AND THE KYRGYZ REPUBLIC." Alatoo Academic Studies 23, no. 2 (June 30, 2023): 428–39. http://dx.doi.org/10.17015/aas.2023.232.42.
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One of the main sources of international law is international treaties. According to Article 6 of the Vienna Convention on the Law of Treaties, each state has the legal capacity to conclude treaties. On 31 March 1993, the Resolution of the Supreme Council of the Republic of Kazakhstan "On Accession of the Republic of Kazakhstan to the Vienna Convention on the Law of Treaties of 1969" was adopted. Thus, international treaties are also valid law in the Republic of Kazakhstan. Despite this fact, often the acts of international bodies on the protection of human rights remain unimplemented. In the article the authors conduct a comparative analysis of the practice of implementation of international human rights treaties in the Republic of Kazakhstan and the Kyrgyz Republic. This article provides a comparative analysis of the practice of implementing international human rights treaties in the Republic of Kazakhstan and the Kyrgyz Republic. Consideration by international bodies of applications of applicants for the protection of rights and freedoms takes years. However, the right to appeal to international bodies is possible only after the exhaustion of domestic remedies for the protection of human rights, which is also a lengthy procedure.
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Bultrini, Antonio. "THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE RULE OF PRIOR EXHAUSTION OF DOMESTIC REMEDIES IN INTERNATIONAL LAW." Italian Yearbook of International Law Online 20, no. 1 (2010): 99–109. http://dx.doi.org/10.1163/22116133-90000171.
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Honlet, Jean-Christophe. "The IBA Guidelines on Party Representation in International Arbitration." Journal of International Arbitration 30, Issue 6 (December 1, 2013): 701–9. http://dx.doi.org/10.54648/joia2013044.
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The IBA Guidelines on Party Representation in International Arbitration address a variety of issues of principle and practice regarding the conduct of Party representatives in international arbitration. Rather than constituting a code of ethics, they attempt to promote certain 'international best practices' regarding such questions as ex parte communications, submissions to the arbitral tribunal, document production, witnesses and experts, without prejudice to the application of mandatory rules that may locally apply to Party representatives. A specific section of the Guidelines is devoted to 'remedies for misconduct' that may be applied by arbitral tribunals, an area which had more traditionally belonged to the realm of domestic courts and local bar associations.
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Curtis, Sebastian Timothy Whitefoord. "Resolving Investor State Dispute Settlement’s Legitimacy Crisis: The Case for Reinstating the Requirement to Exhaust Local Remedies." LSE Law Review 7, no. 3 (March 16, 2022): 327–68. http://dx.doi.org/10.61315/lselr.330.
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Resolving Investor State Dispute Settlement’s Legitimacy Crisis: The Case for Reinstating the Requirement to Exhaust Local Remedies This article dissects a variety of structural issues that contribute to the “legitimacy crisis” currently faced by Investor State Dispute Settlement (ISDS) and in particular, treaty-based Investor-State Arbitration (ISA). Primarily, it addresses issues of jurisdictional overlap with domestic courts, and the inability of ISA to engender “good governance” norms and the rule of law in respondent states. By examining these structural issues and their relationship with the difficult, and at times inflammatory relationship between the international investment protection regime and domestic governments and judiciaries, it contends that further internationalization, or “systemic reform” in lieu of the proposals made by the European Union is not adequate for resolving the legitimacy crisis. Rather, it proposes that a more radical, reintegration of domestic courts is necessary through the reinstatement of a traditional requirement of customary international law, the requirement to exhaust local remedies before commencing arbitral proceedings.
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Dumberry, Patrick. "Denial of Justice under NAFTA Article 1105: A Review of 20 Years of Case Law." ASA Bulletin 32, Issue 2 (June 1, 2014): 246–64. http://dx.doi.org/10.54648/asab2014025.
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This article examines one ground of complaint which has been consistently raised by investors in the context of their claims of breach of the fair and equitable treatment standard under NAFTA Article 1105: allegations of denial of justice by the host State and its failure to respect due process. The present article analyses the most salient features of NAFTA Chapter 11 case law regarding these two concepts. Specifically, this article analyses how NAFTA tribunals have interpreted and applied the exhaustion of local remedies rule. It also examines the different 'tests' that have been put forward by them to determine whether or not a denial of justice has been committed. Finally, this article addresses the actual scope and contours of the prohibition against denial of justice and the obligation of due process and the different circumstances under which tribunals have concluded that these standards have been breached.
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Hirsh, Moshe. "Local Remedies in International Law. By C. F. Amerasinghe [Cambridge, Grotius Publications Ltd., 1990, 410 pp.]." Israel Law Review 26, no. 1 (1992): 113–14. http://dx.doi.org/10.1017/s0021223700010852.
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M.H. Mendelson, Q. C. "LOCAL REMEDIES IN INTERNATIONAL LAW By C. F. Amerasinghe. Grotius Publications Limited, Cambridge, England, 1990." ICSID Review 9, no. 1 (March 1, 1994): 154–56. http://dx.doi.org/10.1093/icsidreview/9.1.154.
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Alqudah, Fayyad. "The Legal Protection of Databases: a Study of Jordanian Law." Arab Law Quarterly 22, no. 4 (2008): 359–86. http://dx.doi.org/10.1163/157302508x374401.
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This article deals with the legal protection of databases under Jordanian law. Section 1, on protection afforded under international conventions and agreements, discusses four international conventions: i.e., the Berne Convention for the Protection of Literary and Artistic Works, Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, World Intellectual Property Organization Copyright Treaty (WCT) and Arab Convention on Copyright. Section 1.1. discusses the legal base in Jordan for such protection under international conventions. According to Jordanian law and court practice, international conventions to which Jordan is party have supremacy over the provisions of local law. In Section 1.2., the scope of protection, including exceptions and limitations, is discussed. Databases are protected under these conventions if the selection and arrangement of their content can be shown to be intellectual property. Section 1.3. is devoted to the remedies these conventions offer. It is shown that the TRIPS Agreement includes detailed provisions that afford administrative, precautionary, as well as civil and criminal protection to authors of databases. Section 2.1., on protection under Jordanian law, shows that Jordanian Copyright Law (JCL) provides a legal base for protection of databases in its provisions, as discussed in Section 1.1. The scope of protection, including exceptions and limitations, is presented in Section 2.2. In addition to protecting the author's traditional rights to the database created, JCL has introduced legal measures to protect the technology used to prevent illegal access to databases. Section 2.3. discusses the remedies afforded under local law, i.e., administrative, precautionary measures as well as civil and criminal protection. Also, Jordanian courts have upheld such protection in all areas. Thus, one may conclude that databases are protected under the Jordanian legal system to the same degree upheld in the TRIPS Agreement and in compliance with international standard.
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Orakhelashvili, A. "Рассмотрение исков о расовой дискриминации: вопросы юрисдикции и приемлемости в деле «Украина против России»." Moscow Journal of International Law, no. 1 (March 31, 2021): 57–69. http://dx.doi.org/10.24833/0869-0049-2021-1-57-69.
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INTRODUCTION. Over the past decade, the International Court of Justice has been requested to adjudicate on claims under 1965 Convention against Racial Discrimination (CERD). While adjudication under treaty compromissory clauses is not uncommon, the Court’s jurisdiction under CERD is subject to conditions that are not replicated under other multilateral treaties. Therefore, the Court’s use of compromissory clause under CERD raises complex issues of treaty interpretation as well as of the Court’s compliance with consensually established limits of its own authority.MATERIALS AND METHODS. The article proceeds to examine the Court’s application of jurisdictional clause under Article 22 CERD in the case of Ukraine v Russia from the positivist legal perspective. It assesses the Court’s use of treaty interpretation methods relating to the text and context of Article 22, as well as CERD’s object and purpose. After assessing the Court’s analysis of its jurisdiction, the article proceeds to examine the Court’s use of the rule on exhaustion of local remedies which is one the condition of the admissibility of claims in cases relating to treatment of individual and their groups.RESEARCH RESULTS. The article demonstrates that the Court’s interpretation of Article 22 CERD does not accurately identify the meaning of this provision, especially the meaning of the word “or” contained in it. As a consequence, the Court ends up asserting jurisdiction in the case before the Committee established under CERD has dealt with it. Moreover, the Court concludes that the victims of alleged racial discrimination do not have to exhaust local remedies. This conclusion places the Court at odds with previous jurisprudence of all major international tribunals.DISCUSSION AND CONCLUSIONS. It becomes clear that the Court has asserted jurisdiction over the case even though CERD provisions did not confer that jurisdiction to it, and that local remedies were not exhausted anyway. As this face forms one rather small part of overall Russia-Ukraine relations, a temptation could obviously arise to justify the Court’s flawed legal reasoning by considerations of ethics, politics, ideology or justice. However, positivist legal reasoning requires maintaining that the Court operates on the basis of State consent, and any neglect for that fact risks negative consequences for the overall efficiency of international adjudication.
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Ostrihansky, Rudolf. "C.F. Amerasinghe; Local Remedies in International Law, Grotius Publications Limited, Cambridge 1990, xxvi + 410 pp., $ 110/£ 58." Netherlands International Law Review 38, no. 01 (May 1991): 56. http://dx.doi.org/10.1017/s0165070x00005283.
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Sivinceva, O. V. "The Russian political strategy of trademark exhaustion." Ars Administrandi (Искусство управления) 14, no. 1 (2022): 1–24. http://dx.doi.org/10.17072/2218-9173-2022-1-1-24.
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Introduction: the institute of trademark exhaustion in Russia is transformed three times: from international to national and at present in force regional regime on the territory ofthe Eurasian Economic Union. The initiatives of the last ten years of parallel import legalization don’t result in stable flexible regime of trademark exhaustion in Russia. Objectives: to consider the Russian political strategy of every stage of trademark exhaustion changing taking into account priorities of all the interested groups and determine the most balance approach to trademark exhaustion regime. Methods: neoinstitutional approach, comparative-law method, methods of political modeling and forecasting. Results: formulating a sustainable strategy of trademark exhaustion in Russia is complicated by confrontation between two groups political actors of national and supranational levels with competing interests about legalization or prohibition of parallel import. Conclusions: institutional conditions surrounding the issue of trademark exhaustion currently allow to make possible a strategy of local experimentation and legalize parallel import of separate groups goods in a separate territory of determine Russian region.
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Musaraj, Joniada, and Marsida Feshti. "Preliminary Use of Internal Legal Tools for Protection of International Rights." Interdisciplinary Journal of Research and Development 7, no. 1 (November 5, 2020): 1. http://dx.doi.org/10.56345/ijrdv7n101.
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According to the ECtHR, there are two fundamental reasons that the domestic remedies referred to in Article 13 of the Convention are of relevance: a) firstly, because the ECtHR deals with a case only after all the remedies provided for by the domestic law of the country concerned have been exhausted; b) Secondly, it has now become the practice of this Court to develop, in the course of the investigation, whether the domestic remedies have been exhausted, and a concrete line of determination of the burden of proof in the proceedings. In determining whether any domestic remedy meets the criteria of availability and effectiveness, the particular circumstances of the individual case must be taken into account. Consideration should be given not only to the formal remedies available, but also to the general legal and political context in which they operate, as well as the applicant's personal circumstances. So in order to determine if any internal remedy meets the availability and effectiveness criteria, during the study, we needed to consider the particular circumstances of each individual case. According to the ECtHR for the purposes of Article 13 of the Convention, an effective domestic remedy must be a remedy, an effective remedy, a legitimate body for the individual to complain about, the local authorities must provide the appropriate legal and remedy. The paper seeks to find out what are the factors that may impede the submission of a case alleging infringement to an international court. The methodology used is the doctrinal and analytical doctrine of judicial practice.
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Schreuer, Christoph. "Calvo's Grandchildren: The Return of Local Remedies in Investment Arbitration." Law & Practice of International Courts and Tribunals 4, no. 1 (2005): 1–17. http://dx.doi.org/10.1163/1571803053498899.
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Perrone, Nicolás M. "The “Invisible” Local Communities: Foreign Investor Obligations, Inclusiveness, and the International Investment Regime." AJIL Unbound 113 (2019): 16–21. http://dx.doi.org/10.1017/aju.2018.92.
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International investment law is relational. It is about how we define and govern the relationship between the actors involved in and affected by foreign investment projects. Most international investment law literature confirms the relational nature of this field. The scholarship has analyzed the resolution of specific disputes and the regulatory relationship between foreign investors and host states. As could be expected, some of the key issues that have emerged include states’ right to regulate, the risk of regulatory chill, and how to review state regulation. There is, however, an important blind spot in this relational approach. A look at many foreign investment disputes, particularly in the natural resource extraction sector, shows that local communities are also central protagonists of foreign investment projects. These communities have a lot at stake but have remained almost invisible to the international investment regime. Apart from the ability to submit amicus curiae briefs, they have neither rights nor remedies in this regime. This essay discusses international investment law from an inclusive relational perspective, and shows how, contrary to this perspective, recent awards in investor-state dispute settlement continue to render invisible local communities and their rightful aspirations.
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Nriezedi-Anejionu, Chinenyendo. "Could the Non-domestication of Nigerian Treaties Affect International Energy Investment Attraction into the Country?" African Journal of International and Comparative Law 28, no. 1 (February 2020): 122–44. http://dx.doi.org/10.3366/ajicl.2020.0305.
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In a bid to attract foreign direct investments (FDI) into the energy sector, Nigeria has signed many investment and energy-related treaties. However, many of these treaties have not been ratified and domesticated as required by the 1999 Nigerian Constitution and as such cannot be applied by domestic courts when necessary. This raises serious legal questions on the status of the various energy investment-relevant treaties Nigeria has signed. This is especially relevant to bilateral investment treaties (BITs) where their non-domestication renders their provisions not legally binding on domestic courts. It becomes problematic in situations where certain provisions in BITs such as the exhaustion of local remedies (ELR), fork-in-the-road (FITR), denial of justice and expropriation claims, require disputes to be addressed (at least initially) in domestic courts before international arbitration is accessed. This article provides an analysis of various ways non-domestication of treaties could affect the investment interests of a dualist country such as Nigeria that is actively seeking to attract FDI for the development of its energy sector. Pointing out the implications and various ways both investors' and Nigeria's interests could be undermined, it argues for a reform in the way treaties are implemented in Nigeria to facilitate their domestication.
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Kobak, James B. "Exhaustion of Intellectual Property Rights and International Trade." Global Economy Journal 5, no. 1 (January 2005): 1850032. http://dx.doi.org/10.2202/1524-5861.1050.
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The exhaustion doctrine in intellectual property law generally limits the rights of a patent, copyright or trademark owner (“IP Owner”) to control the disposition of an article after the article has been sold by or under the authority of the IP Owner. In theory the doctrine enables the IP Owner to receive fair reward for surrendering its right to withhold a product from the market but thereafter permits free disposition and movement of chattels, preventing IP rights from unduly disrupting distribution systems.Under a strict territorial application of the doctrine, a sale in country A under a country A patent (or copyright or trademark) would exhaust the IP Owner’s rights only in Country A, and the IP Owner could rely on its separate patents in other countries to enjoin sales, seek damages or possibly even require customs officials to halt infringing imports at the border. This principle would hold even though the IP rights in all the countries are essentially the same. A strict territorial exhaustion doctrine is arguably consistent with the nature of IP rights, which are granted by each individual nation as an act of sovereignty and are strictly territorial in effect; while its impact will vary with other trade conditions (relative exchange rates, for example) and across different categories of goods, a strict territorial approach can serve as a barrier to free movement of goods and cause IP rights to act as private trade barriers.Opposed to the territorial principle is the historically more widely applied principle of international exhaustion. Under this version of the doctrine a sale by or under the authority of an IP Owner anywhere exhausts its right under all counterpart IP anywhere in the world. This doctrine has always seemed difficult to reconcile with the underlying systems of national IP rights but avoids the practical problems and trade barriers of a territorial principle.Court decisions in the last few years in three major trading areas -- the EU, Japan and the US – have rejected a strict international application of the exhaustion doctrine for some forms of IP, with the result that sales of some products by an IP Owner outside Country or trading region A do not necessarily prevent the owner from using Country A IP rights to prevent imports or sales there. This is an issue which the major international trade treaties leave to individual signatories’ local law. Subject to possible limits imposed by competition laws in what will probably be relatively rare cases, IP Owners in these three major trading areas may, with greater or lesser effort, now restrict parallel trade and discriminate in sale of some goods between markets with different levels of pricing.These recent decisions, while suggesting some degree of convergence among the three trading areas, do not necessarily correlate closely with the notion suggested by Guzman* (in connection with competition laws) that such legal regimes should be supported by net exporting nations, not net importers. It is possible that as the implications of these decisions become clearer and their possible effects more evident, they will eventually lead to further consideration and possibly further international trade negotiations on the subject of parallel imports.
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Trindade, A. A. Cançado. "Local Remedies in International Law. By C. F. Amerasinghe. Cambridge: Grotius, 1990. Pp. xxvi, 410. Index. $110; £58." American Journal of International Law 86, no. 3 (July 1992): 626–31. http://dx.doi.org/10.2307/2203975.
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Hopkins, C. A. "Local Remedies in International Law, By C. F. Amerasinghe. Cambridge: Grotius Publications Ltd., 1990. xxvi + 410 pp. 58." British Yearbook of International Law 64, no. 1 (January 1, 1994): 409–10. http://dx.doi.org/10.1093/bybil/64.1.409.
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D’Agnone, Giulia. "Recourse to the “Futility Exception” within the ICSID System: Reflections on Recent Developments of the Local Remedies Rule." Law & Practice of International Courts and Tribunals 12, no. 3 (2013): 343–64. http://dx.doi.org/10.1163/15718034-12341264.
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Abstract This article addresses the controversial issue of investors’ non-compliance with the eighteen-month litigation prerequisite often included in investment treaties. In particular, it focuses on two recent decisions which inaugurated a different approach to the domestic remedies rule. It primarily analyzes the traditional method used by ICSID tribunals to tackle the domestic remedies rule, by making reference to the applicability of the MFN clause to dispute resolution provisions. It therefore focuses on the different reasoning followed by the Abaclat and the Ambiente Ufficio tribunals, underlining the shortcomings connected to that reasoning. Specifically, it demonstrates that the analogy with diplomatic protection made by the latter tribunal is questionable. Finally, it analyzes the policy rationale common to both the traditional approach and the one used in the Abaclat and Ambiente Ufficio cases, which seems to be aimed at extending the jurisdiction of the Centre.
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Luft, Aliza. "Genocide: Theories of Participation and Opportunities for Intervention." Law & Social Inquiry 48, no. 4 (November 2023): 1251–60. http://dx.doi.org/10.1017/lsi.2023.43.
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This essay evaluates the current United Nations approach to preventing and punishing genocide by considering micro-level research on behavioral variation in genocide and proposing two ideas for intervention. The first idea extends the theory that economic inequality explains people’s decisions to kill or not kill in genocide and suggests specific economic remedies to intervene in ongoing violence. The second idea extends the theory that local authorities shape civilians’ decision making about violence and suggests specific ways to bolster moderate meso-level authorities to mitigate violence. The essay concludes by considering how social science research and theory can practically impact international law concerning genocide.
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Alvik, Ivar. "The Justification of Privilege in International Investment Law: Preferential Treatment of Foreign Investors as a Problem of Legitimacy." European Journal of International Law 31, no. 1 (February 2020): 289–312. http://dx.doi.org/10.1093/ejil/chaa027.
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Abstract A fundamental feature of international investment law is that it only applies to foreign investment. This has historical reasons and is connected to deep-rooted principles of international law. It has also been a historical cause of controversy because it requires states to treat foreign investors better than they treat their own nationals. This article shows how the international minimum standard for treatment of foreigners nevertheless developed in a dialogue with such a concern for equality. The article argues that the way in which international investment law has developed in recent years into an effective remedial mechanism that can be invoked by individual foreign investors against host states ignores this historical lesson and now poses a particular challenge to its legitimacy. It privileges foreign investors as a select group worthy of more effective legal protection than ordinarily provided under municipal law, challenging the ideal of equality before the law as a basic constitutional value. The article discusses possible justifications of such privilege, arguing that only a more traditional international minimum standard rationale provides a convincing justification of special treatment of foreign investment. This has important implications for the reform of the current investment regime, suggesting that it should be redesigned to adopt a more supplementary role and deferential attitude to domestic law and courts – for example, through a requirement to exhaust local remedies.
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Udombana, Nsongurua J. "So Far, So Fair: The Local Remedies Rule in the Jurisprudence of the African Commission on Human and Peoples' Rights." American Journal of International Law 97, no. 1 (January 2003): 1–37. http://dx.doi.org/10.2307/3087102.
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Pending the establishment of the African Court on Human and Peoples' Rights, the African Commission on Human and Peoples' Rights remains the only institutional body for the implementation of the rights guaranteed in the African Charter on Human and Peoples' Rights. The Assembly of Heads of State and Government of the Organization of African Unity (OAU), reconstituted as the African Union (AU), established the Commission in 1987, after the entry into force of the African Charter, in 1986, and pursuant to its Article 64 (1). The Commission was established, inter alia, “to promote human and peoples' rights and ensure their protection in Africa.” That is, besides “any other tasks which may be entrusted to it” by the Assembly, the Commission performs three primary functions: it promotes and protects human and peoples' rights and interprets the provisions of the Charter.
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Shookman, Jamie. "Too Many Forums for Investment Disputes? ICSID Illustrations of Parallel Proceedings and Analysis." Journal of International Arbitration 27, Issue 4 (August 1, 2010): 361–78. http://dx.doi.org/10.54648/joia2010021.
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Parallel proceedings occur when the same cause of action is adjudicated in more than one forum, either before multiple domestic courts, domestic and international courts, or before multiple international forums. Parallel proceedings are problematic at both the national and international levels as they waste money and conflicting results undermine legal certainty. The doctrines of lis pendens and res judicata are the most common solutions to managing the problem, yet both are difficult to apply in the arbitration context. Other mechanisms, such as anti-suit injunctions, so-called umbrella clauses, and fork-in-the-road clauses, are therefore intended to target the problem of parallel proceedings in international arbitration. Parallel proceedings are particularly problematic in investment arbitration because of features in investment treaties such as bilateralism, non-exclusivity, exclusion of local remedies and multiple investor claims. Two recent ICSID cases, SGS v. Pakistan and Toto v. Lebanon, reveal some of the current problems with creating rules on parallel proceedings in investment arbitration. The cases demonstrate that the distinction between treaty claims (which trigger ICSID jurisdiction) and contract claims (which are typically adjudicated in national courts) is untenable and likely to increase future parallel proceedings. The distinction is especially difficult to maintain because determining the nature of a claim is often a question of interpretation, and arbitral tribunals are hesitant to scrutinize a claimant’s formulation of its cause of action. The two cases also show the uncertain force of choice-of-forum clauses and how they often allow arbitrators to simply bypass parties’ previous agreements. Finally, umbrella clauses have created much confusion, as previous arbitral tribunals have interpreted nearly identical clauses in four different ways. The uncertainty surrounding the future management of parallel proceedings highlights deeper, unsolved questions regarding the power private international law affords multinational enterprises vis-à-vis sovereign states in an increasingly global legal order.
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Ghandhi, P. R. "Local Remedies in International Law. By C. F. Amerasinghe. [Cambridge: Grotius Publications. 1990. xxvi + 410 pp. ISBN 0-949009-79-2. £58]." International and Comparative Law Quarterly 43, no. 2 (April 1994): 470–71. http://dx.doi.org/10.1093/iclqaj/43.2.470.
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GARDAZI, SYED MUDASSER FIDA, MUHAMMAD ASIM IQBAL, and HAFIZ MUHAMMAD USMAN NAWAZ. "Price Reduction in Vienna Sales Convention and Compatibility Check in Sale of Goods Act of Pakistan." International Review of Management and Business Research 10, no. 1 (March 7, 2021): 367–74. http://dx.doi.org/10.30543/10-1(2021)-32.
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Price reduction is one of the civil law remedies incorporated in the Vienna sales convention. On the other hand, Pakistan is neither the signatory of the convention nor its national sales law posses this remedy. Therefore a research is highly required to fill this vacuum and find out a solution for international buyer who is involved in trade with parties in Pakistan. Thus the study aims to investigate the suitability of price reduction in compatibility with existing legal regime. The study reveals the raison d'être in contract making via relative analysis of the existence of price reduction as an assurance for performance and certainty. The results depict that adding price reduction as remedy will be a good legal cover to the buyer's claims and a better response to the business practices in Pakistan. Especially, where the buyer is facing difficulties to prove his loss he may simply opt to reduce the price. Hence, study recommends that introducing the 'price reduction' as a remedy in the local legal system will enhance the confidence of a commercial buyer from the international community. Keywords: Sale of Goods, CISG, Price Reduction, Remedy.
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Swan, Sarah. "Public Duties for the New City." Michigan Law Review, no. 122.2 (2023): 309. http://dx.doi.org/10.36644/mlr.122.2.public.
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The first job of a government is to protect its people, and, in the United States, the government ostensibly performs this job through the police. But policing in America is deeply dysfunctional, as the police not only provide inadequate protection from violent crime, but simultaneously engage in outright acts of brutality against the citizenry. As awareness of these practices has swept across the nation, legal scholars and policymakers have offered numerous reforms and remedies to help solve policing’s problems. The responses have tended to focus on the top of the legal pyramid, using the big hammers of the federal government, the Constitution of the United States, the federal remedies of Section 1983, and the qualified immunity doctrine of federal courts as the requisite tools for reform. More recently, as these efforts have faltered, scholars and policymakers have begun to explore the possibilities for change at the state and local level. This Article, too, begins at the bottom. While the proposed fixes to the federal framework are indeed important, this Article argues that changes at the lower, foundational level of cities, local governments, and common law duties of care are equally so. Policing is, after all, a fundamentally local matter, with thousands of municipal and county governments responsible for its administration. And duties of care are the most basic articulation of the norms and obligations flowing between members of our society, shaping not just private relations, but the government-constituent relationship as well. This Article argues that attending to these roots offers an opportunity to reorient the police-citizen relationship and recast the relational norms between local government actors and their constituents more generally. In particular, this Article argues that the “public duty doctrine”—a no-duty rule that immunizes municipalities from civil liability arising from police violence and failures to protect—has contributed to a profoundly unbalanced and perverse local-constituent relationship. To reestablish just relations, localities should bear, and indeed embrace, a legally enforceable duty of care to protect their constituents. Such a duty would not open the liability flood gates, nor impose catastrophic expenses on cities, nor expand the already oversized footprint of policing. Such a duty would, however, achieve the usual tort goals of compensation and deterrence, significantly reduce the harms that police and other governmental actors visit on city constituents through both their action and inaction, align with corrective justice principles, enhance democratic accountability, advance the constitutional principle of equal protection, and accord with the thick conception of the city-constituent relationship that cities themselves put forward in the affirmative litigation context. Further, implementing this duty on the ground would not be difficult. Neither courts nor legislatures need do anything at all; many cities could simply choose to not avail themselves of the public duty defense and instead accept an owed duty. Doing so would not only reorient the city-constituent relationship in a profoundly more positive way; adopting this duty would also serve cities’ broader self-interest. As cities increasingly vie for political recognition and acknowledgement as independently legitimate polities on both the domestic and international stage, this Article draws on the burgeoning sovereignty-as responsibility literature to argue that by embracing a duty to protect, cities can advance their own status as credible, politically important actors in the wider American democratic project.