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Relevant bibliographies by topics / Rule of exhaustion of local remedies

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Journal articles

Academic literature on the topic 'Rule of exhaustion of local remedies'

Author: Grafiati

Published: 4 June 2021

Last updated: 4 February 2022

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Journal articles on the topic "Rule of exhaustion of local remedies"

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

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2

Marotti, Loris. "Determining the Scope of the Local Remedies Rule in unclos Disputes." Max Planck Yearbook of United Nations Law Online 21, no. 1 (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 s

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3

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

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4

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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5

D’Ascoli, Silvia, and Kathrin Maria Scherr. "THE RULE OF PRIOR EXHAUSTION OF LOCAL REMEDIES IN THE CONTEXT OF HUMAN RIGHTS PROTECTION." Italian Yearbook of International Law Online 16, no. 1 (2006): 117–38. http://dx.doi.org/10.1163/22116133-90000007.

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6

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 (1990): 641–53. http://dx.doi.org/10.1093/iclqaj/39.3.641.

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7

Chenwi, Lilian. "Exhaustion of Local Remedies Rule in the Jurisprudence of the African Court on Human and Peoples' Rights." Human Rights Quarterly 41, no. 2 (2019): 374–98. http://dx.doi.org/10.1353/hrq.2019.0030.

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8

이형석. "Exhaustion of Local Remedies Rule under the American Convention on Human Rights: Precedents in the Inter-American Court of Human Rights." Journal of hongik law review 16, no. 1 (2015): 1–25. http://dx.doi.org/10.16960/jhlr.16.1.201502.1.

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9

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

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10

Orakhelashvili, A. "Рассмотрение исков о расовой дискриминации: вопросы юрисдикции и приемлемости в деле «Украина против России»". Moscow Journal of International Law, № 1 (31 березня 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 arti

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