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

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Published: 4 June 2021
Last updated: 4 February 2022

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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
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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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11

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 (1987): 271–74. http://dx.doi.org/10.2307/2202167.

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12

이형석. "A Study on the Principle for the Exhaustion of Local Remedies Rule Pertinent to the European Convention on Human Rights - Focusing on a Decision Case in the European Court of Human Rights -." Journal of hongik law review 17, no. 1 (2016): 189–211. http://dx.doi.org/10.16960/jhlr.17.1.201602.189.

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13

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 (1985): 208–10. http://dx.doi.org/10.1093/iclqaj/34.1.208.

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14

Amerasinghe, C. F. "Whither the Local Remedies Rule?" ICSID Review 5, no. 2 (1990): 292–310. http://dx.doi.org/10.1093/icsidreview/5.2.292.

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15

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
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16

Peters, Paul. "Exhaustion of Local Remedies: ignored in most bilateral investment treaties." Netherlands International Law Review 44, no. 02 (1997): 233. http://dx.doi.org/10.1017/s0165070x00004472.

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17

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 (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
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18

Lewis, Clive. "The Exhaustion of Alternative Remedies in Administrative Law." Cambridge Law Journal 51, no. 1 (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 f
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19

Wittich, Stephan. "DIRECT INJURY AND THE INCIDENCE OF THE LOCAL REMEDIES RULE." Austrian Review of International and European Law Online 5, no. 1 (2002): 121–87. http://dx.doi.org/10.1163/157365100x00057.

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20

Olaoye, Kehinde Folake. "Permanent sovereignty over natural resources and investor-state dispute settlement in Africa / Souveraineté permanente sur les ressources naturelles et accord des différends entre investisseur et État en Afrique." Journal of the African Union Commission on International Law 2021 (2021): 58–101. http://dx.doi.org/10.47348/aucil/2021/a2.

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In 1962, newly independent African states voted overwhelming in support of United Nations (UN) General Assembly Resolution 1803 (XVII) on ‘Permanent Sovereignty over Natural Resources’ (PSNR). This resolution emerged mainly in response to concerns about the protection of foreign direct investment (FDI) and economic development in developing countries. Although substantial legal scholarship has focused on PSNR, few studies have focused on conceptualising PSNR and investor-state dispute settlement (ISDS) in Africa. This paper intends to fill this important research gap, by conceptualising PSNR a
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21

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

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22

YiSeongDeog. "The Legal Nature of Exhaustion of Local Remedies as a Precondition of the Diplomatic Protection." CHUNG_ANG LAW REVIEW 16, no. 3 (2014): 301–34. http://dx.doi.org/10.21759/caulaw.2014.16.3.301.

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23

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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24

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,
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25

Dagbanja, Dominic Npoanlari. "Constitutionalism and local remedies rule as limitations on investor-state arbitration: perspectives from Ghana." Oxford University Commonwealth Law Journal 17, no. 1 (2017): 110–43. http://dx.doi.org/10.1080/14729342.2017.1332902.

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26

Raimondi, Guido. "REFLECTIONS ON THE RULE OF PRIOR EXHAUSTION OF DOMESTIC REMEDIES IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS." Italian Yearbook of International Law Online 20, no. 1 (2010): 161–68. http://dx.doi.org/10.1163/22116133-90000174.

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27

Guillory, Sean. "Profiles in Exhaustion and Pomposity: the Everyday Life of Komsomol cadres in the 1920s." Carl Beck Papers in Russian and East European Studies, no. 2303 (March 26, 2014): 42. http://dx.doi.org/10.5195/cbp.2014.195.

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The article examines the daily lives of Young Communist League (Komsomol) cadres in the 1920s argue that their ability to establish local authority through consent was often undermined by their everyday conditions. The article treats the emergence of the Komsomol’s nomenklatura and cadre appointment system after the Russian civil war, cadre workload, working conditions, health, attitudes, and the Komsomol leadership’s efforts to subordinate cadre malfeasance and corruption through public scandal. The article demonstrates that without a sturdy material base upon which to generate consent, local
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28

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 (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 peopl
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29

Bulto, Takele Soboka. "Exception as norm: the local remedies rule in the context of socio-economic rights in the African human rights system." International Journal of Human Rights 16, no. 4 (2012): 555–76. http://dx.doi.org/10.1080/13642987.2011.614235.

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30

Michaels, Christopher W. "Stolen Art Restitution Claims and the Exhaustion of Local Remedies: How Foreign-Based Plaintiffs are Able to Succeed Under the Foreign Sovereign Immunity Act." Journal of Arts Management, Law, and Society 42, no. 1 (2012): 22–35. http://dx.doi.org/10.1080/10632921.2012.652880.

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31

Vermeer-Künzli, Annemarieke. "A Matter of Interest: Diplomatic Protection and State ResponsibilityErga Omnes." International and Comparative Law Quarterly 56, no. 3 (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 t
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32

Bettauer, Ronald J. "Settlement of the Claims of Individuals by Their Countries." Korean Journal of International and Comparative Law 3, no. 1 (2015): 3–19. http://dx.doi.org/10.1163/22134484-12340046.

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A nation can settle the claims of its citizens against a foreign government. The injury must have been an internationally wrongful act by another State and the injured citizen must have been a national of the espousing state. Generally, a claim may not be espoused unless the “local remedies” rule is satisfied. The United States has a long history of settling individual claims against foreign countries by international agreements. The Supreme Court has upheld this practice. The Peace Treaty with Japan contains a mutual waiver of claims. Yet Americans who had been forced to work as slave laborer
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33

Sagers, Chris. "#LOLNothingMatters." Antitrust Bulletin 63, no. 1 (2018): 7–48. http://dx.doi.org/10.1177/0003603x18756141.

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Institutions matter in antitrust, at least as much as ideas. Most antitrust arguments, and especially the contretemps currently enjoying some attention in the popular press, imagine that antitrust problems are short- or medium-term matters, and that they can be corrected with local doctrinal steps. I suggest there is a deeper problem, a phenomenon more deeply inherent in the nature of competition itself. The problem will cyclically recur, so long as institutional brakes are unavailable to keep it at bay. Specifically, it seems that competitive markets are difficult to preserve without some pro
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34

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 (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
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35

Fischbach, Michael R. "BRITAIN AND THE GHAWR ABI עUBAYDA WAQF CONTROVERSY IN TRANSJORDAN". International Journal of Middle East Studies 33, № 4 (2001): 525–44. http://dx.doi.org/10.1017/s0020743801004032.

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From 1924 to 1928, authorities of the British Mandate in Transjordan expended considerable energy trying to prove that the extensive lands on the Transjordanian side of the Ghawr (Jordan River Valley) known as Ghawr Abi עUbayda were not waqf but mīrī lands, as several parties had claimed over the years.1 British authorities established both an investigative commission and a special court to rule on the question as part of their wider attempt to regulate land matters in the new Emirate of Transjordan. These legal remedies succeeded not because the British resorted to unilateral colonial fiat bu
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36

Saccucci, Andrea. "Accesso ai rimedi costituzionali, previo esaurimento e gestione "sussidiaria" delle violazioni strutturali della CEDU derivanti da difetti legislativi." DIRITTI UMANI E DIRITTO INTERNAZIONALE, no. 2 (July 2012): 263–91. http://dx.doi.org/10.3280/dudi2012-002002.

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The increasing number of judgments delivered by the Strasbourg Court in cases of human rights violations stemming from a systemic problem in the domestic legal system of a contracting State (so called "structural violations") and the development of the caselaw on the obligation of States to adopt general measures under Article 46 ECHR to remove the causes of such violations (including by amending the relevant legislation) are reinforcing the idea of Court as a sort of pan-European constitutional jurisdiction entrusted with the mandate to safeguard the European public order. At the same time, t
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37

Zielińska-Rapacz, Barbara. "Ineffective assistance of counsel as grounds for habeas corpus relief in post-conviction proceedings." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 29 (September 30, 2019): 147–58. http://dx.doi.org/10.19195/1733-5779.29.10.

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The doctrine of habeas corpus is that no one should be imprisoned contrary to the law of the land. The habeas corpus review is used as a form of inquiry issued to test whether a conviction or restraint is lawful. However, before having a chance to present their case before a federal forum, state prisoners have to fulfill the state’s gatekeeping requirements, such as the exhaustion of all available state remedies, requirements of the Anti-Terrorism and Effective Death Penalty Act, and the absence of procedural default. Procedural default arises when the state court declines to address a prisone
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38

MAZILU, Florian-Daniel. "The Rule of Exhausting Local Remedies within the Framework of Diplomatic Protection." International Journal of Academic Research in Business and Social Sciences 5, no. 9 (2015). http://dx.doi.org/10.6007/ijarbss/v5-i9/1850.

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39

Gao, Jianjun. "The Exhaustion of Local Remedies Rule in the Settlement of Maritime Disputes: A Study of the Practice of the UNCLOS Tribunals." Chinese Journal of International Law, December 21, 2020. http://dx.doi.org/10.1093/chinesejil/jmaa030.

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Abstract The exhaustion of local remedies (“ELR”) rule is applicable in the settlement of maritime disputes, and it is not limited to the case of diplomatic protection. So far the manner in which the tribunals under the UN Convention on the Law of the Sea dealt with the ELR issue in the cases of the flag State’s protection has raised the concern that the rule may become a dead letter in practice. Although the cases involved the protection of natural and legal persons by States, the tribunals rejected the objections to the admissibility of claims raised by the respondents based on the ELR rule
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40

D'Ascoli, Silvia, and Kathrin Maria Scherr. "The Rule of Prior Exhaustion of Local Remedies in the International Law Doctrine and its Application in the Specific Context of Human Rights Protection." SSRN Electronic Journal, 2007. http://dx.doi.org/10.2139/ssrn.964195.

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41

Musikadi, Wellington. "A Critical Analysis of the Rule Requiring Exhaustion of Local Remedies in African Human Rights Jurisprudence as Provided for Under the African Charter on Human and Peoples Rights." SSRN Electronic Journal, 2018. http://dx.doi.org/10.2139/ssrn.3290573.

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42

Miller, Stefan M. "Parallel imports: Towards a flexible uniform international rule." Journal of Commercial Biotechnology 15, no. 1 (2009). http://dx.doi.org/10.5912/jcb269.

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Parallel imports are goods that are placed into a market in one country which subsequently are traded without the authorisation of the holder of intellectual property rights (‘IPRs’) belonging to those goods in another country. Whether a sale in one nation exhausts the rights of the IPR holder determines the legality of an ‘unauthorised’ resale. The 1996 Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS’) provided substantive minimum IPRs and non-discriminatory treatment with an underlying goal that IPRs ‘do not themselves become barriers to legitimate tr
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43

Harbich, Jürgen. "State Supervision of Local Government Authorities." Central European Public Administration Review 7, no. 4 (2014). http://dx.doi.org/10.17573/cepar.v7i4.139.

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State supervision of local government authorities, a requirement of the rule of law, is discussed in relation to municipalities. State supervisory authorities are required to advise and support local government authorities. Supervision at various state levels takes place as legal supervision, which only includes the supervision of legality in matters of the municipality’s original competence, and as functional supervision that also supervises expediency in matters transferred by the state. The legality principle (intervention in all cases) is modified by the expediency principle (discretion).
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44

Urabe, Yoshio, Koji Takahashi, and Hisanori Abe. "Low Cycle Fatigue Evaluation of Pipe Bends With Local Wall Thinning Considering Multi-Axial Stress State." Journal of Pressure Vessel Technology 137, no. 4 (2015). http://dx.doi.org/10.1115/1.4028889.

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Low cycle fatigue tests and finite element (FEM) analysis were conducted using 100A pipe bend specimens made of STPT410 carbon steel with and without local wall thinning local wall thinning was machined on the inside of the elbow and was prepared at extrados, crown, and intrados. The parameters of the wall thinning were same (the wall thinning ratio = 0.5, the wall thinning angle = 180 deg, and the wall thinning length = 100 mm) in the all test cases. The pipe bend specimens were subjected to the prescribed cyclic in-plane bending displacement with constant internal pressure of 0–12 MPa. Also,
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45

Rahayu, Sri Lestari, Siti Muslimah, and Sasmini ,. "PERLINDUNGAN HAM PEKERJA MIGRAN: KAJIAN NORMATIF KEWAJIBAN INDONESIA BERDASAR PRINSIP-PRINSIP DAN NORMA-NORMA HUKUM INTERNASIONAL." Yustisia Jurnal Hukum 2, no. 1 (2013). http://dx.doi.org/10.20961/yustisia.v2i1.11082.

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<p align="center"><strong><em>A</em></strong><strong><em>b</em></strong><strong><em>s</em></strong><strong><em>t</em></strong><strong><em>r</em></strong><strong><em>a</em></strong><strong><em>c</em></strong><strong><em>t</em></strong></p><p><em>T</em><em>h</em><em>i</em><em>s research is conducted to get a legal argumentation related to responsib
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46

Fuller, Glen. "Punch-Drunk Love." M/C Journal 10, no. 3 (2007). http://dx.doi.org/10.5204/mcj.2660.

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 For once I want to be the car crash, Not always just the traffic jam. Hit me hard enough to wake me, And lead me wild to your dark roads. (Snow Patrol: “Headlights on Dark Roads”, Eyes Open, 2006) I didn’t know about the online dating site rsvp.com.au until a woman who I was dating at the time showed me her online profile. Apparently ‘everyone does rsvp’. Well, ‘everyone’ except me. (Before things ended I never did ask her why she listed herself as ‘single’ on her profile…) Forming relationships in our era of post-institutional modes of sociality is problematic. Some proba
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