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

Author: Grafiati

Published: 4 June 2021

Last updated: 15 February 2022

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1

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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2

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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3

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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4

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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5

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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6

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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7

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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8

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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9

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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10

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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11

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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12

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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13

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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14

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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15

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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16

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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17

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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18

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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19

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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20

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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21

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 protec

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22

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 (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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23

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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24

Moules, Richard. "The Exhaustion of Alternative Remedies: Re-Emphasising the Courts' Discretion." Judicial Review 10, no. 4 (2005): 350–60. http://dx.doi.org/10.1080/10854681.2005.11426453.

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25

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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26

Sharma, Umesh, and Stewart Lawrence. "Global remedies for local needs." Pacific Accounting Review 21, no. 3 (2009): 260–85. http://dx.doi.org/10.1108/01140580911012502.

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27

Bratza, Justice, and Alison Padfield. "Exhaustion of Domestic Remedies under the European Convention on Human Rights." Judicial Review 3, no. 4 (1998): 220–26. http://dx.doi.org/10.1080/10854681.1998.11427027.

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28

MAZZESCHI, RICCARDO PISILLO. "EXHAUSTION OF DOMESTIC REMEDIES AND STATE RESPONSIBILITY FOR VIOLATION OF HUMAN RIGHTS." Italian Yearbook of International Law Online 10, no. 1 (2000): 17–43. http://dx.doi.org/10.1163/221161300x00022.

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29

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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30

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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31

Violanti, John M., Anna Mnatsakanova, Michael E. Andrew, Penelope Allison, Ja Kook Gu, and Desta Fekedulegn. "Effort–Reward Imbalance and Overcommitment at Work: Associations With Police Burnout." Police Quarterly 21, no. 4 (2018): 440–60. http://dx.doi.org/10.1177/1098611118774764.

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The present study examined associations of effort–reward imbalance (ERI) and overcommitment at work with burnout among police officers using data from 200 (mean age = 46 years, 29% women) officers enrolled in the Buffalo Cardio-Metabolic Occupational Police Stress Study. ERI and overcommitment were assessed using Siegrist’s “effort/reward” questionnaire. The Maslach Burnout Inventory-General Survey was used to assess burnout and its three subscales (exhaustion, cynicism, and professional efficacy). Analysis of covariance was used to examine mean values of burnout scores across quartiles of ERI

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32

Goldstein, Jared A. "Employment Discrimination Claims under ERISA Section 510: Should Courts Require Exhaustion of Arbitral and Plan Remedies?" Michigan Law Review 93, no. 1 (1994): 193. http://dx.doi.org/10.2307/1289917.

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33

김창화. "A Study on Validity of the Exhaustion of Administrative Remedies -Focusing on Comparing with the US-." Dankook Law Riview 41, no. 3 (2017): 355–81. http://dx.doi.org/10.17252/dlr.2017.41.3.013.

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34

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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35

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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36

Hawkins, Charlene, Guzel Shaginurova, D. Auriel Shelton, et al. "Local and Systemic CD4+ T Cell Exhaustion Reverses with Clinical Resolution of Pulmonary Sarcoidosis." Journal of Immunology Research 2017 (2017): 1–14. http://dx.doi.org/10.1155/2017/3642832.

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Investigation of the Th1 immune response in sarcoidosis CD4+ T cells has revealed reduced proliferative capacity and cytokine expression upon TCR stimulation. In other disease models, such cellular dysfunction has been associated with a step-wise, progressive loss of T cell function that results from chronic antigenic stimulation. T cell exhaustion is defined by decreased cytokine production upon TCR activation, decreased proliferation, increased expression of inhibitory cell surface receptors, and increased susceptibility to apoptosis. We characterized sarcoidosis CD4+ T cell immune function

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37

Tang, Shui-yan, Vandana Prakash, and Ching-ping Tang. "Local Enforcement of Pollution Control in Developing Countries: A Comparison of Guangzhou, Delhi, and Taipei." Journal of Public Policy 18, no. 3 (1998): 265–82. http://dx.doi.org/10.1017/s0143814x98000130.

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Environmental management typically involves multiple levels of government. Yet the intergovernmental context of environmental management in developing countries is seldom explored in the literature. This paper examines this issue by comparing the experiences in Guangzhou, Delhi, and Taipei, in which various types of unfavourable conditions create different problems for local regulatory enforcement. The study shows that, as commitment from the national government to local regulatory enforcement remains weak, the presence of local democratic institutions, legal remedies, and local environmental

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38

Vallejo, José Ramón, and Alfonso J. Aparicio Mena. "Terapija bazirana na ljudskom urinu u Španjolskoj od ranih godina XX. stoljeća do danas." Acta medico-historica Adriatica 15, no. 1 (2017): 73–108. http://dx.doi.org/10.31952/amha.15.1.5.

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Human urine is currently the subject of biomedical investigations as a potential therapeutic resource and it continues to be used in remedies in different cultures and societies, including the Spanish culture. In this study we gather etnomedical knowledge about urotherapy and determine their associated symbolisms in Spain. A literature overview and a case study were carried out to compile urine-based remedies and as a direct analysis of symbolic systems. Urotherapy is widespread in Spanish folk medicine. Among the 204 collected remedies, those related to treatment of diseases or skin condition

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39

Chai, Guocai, Nian Zhou, Sorina Ciurea, Marcus Andersson, and Ru Lin Peng. "Local plasticity exhaustion in a very high cycle fatigue regime." Scripta Materialia 66, no. 10 (2012): 769–72. http://dx.doi.org/10.1016/j.scriptamat.2012.02.003.

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40

Radolović, Aldo. "Odnos redovnog sudskog i ustavnosudskog postupka u ustavnim tužbama." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 38, no. 1 (2017): 357–73. http://dx.doi.org/10.30925/zpfsr.38.1.12.

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This paper deals with relation between ordinary and constitutional judicial procedures in constitutional complaint. Constitutional protection against individual decisions of competent state authorities (mostly against decisions of ordinary courts) has supplementary nature. Citizens and legal entities may initiate procedure before the Constitutional Court only after exhaustion of ordinary legal remedies. Constitutional procedure is new judicial procedure, but it must take into account previous ordinary judicial procedures. It is new procedure because the Constitutional Court has the right to im

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41

Livholts, Mona B. "Exhaustion and possibility. The wor(l)dlyness of social work in (G)local environment worlds during a pandemic." Qualitative Social Work 20, no. 1-2 (2021): 54–62. http://dx.doi.org/10.1177/1473325020973314.

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Exhaustion is not about being tired. It is an intense feeling of restlessness, of insomnia, and awakening when I ask myself: have I exhausted all that is possible? Such a state of restlessness and wakefulness represents a turning point for having enough, and opens for new possibilities to act for social change. This reflexive essay departs from the notion that the language of exhaustion offers a wor(l)dly possibility for social work(ers) to engage in critical analytical reflexivity about our locations of power from the outset of our (g)local environment worlds. The aim is to trace the transfor

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42

Nelson, Ediomo-Ubong E., and Ifureuwem J. Uko. "Ethnomedical Beliefs and Utilization of Alcohol Herbal Remedy for Malaria in South-Coastal Nigeria." International Quarterly of Community Health Education 39, no. 2 (2018): 119–26. http://dx.doi.org/10.1177/0272684x18819978.

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We studied ethnomedical beliefs and utilization of alcohol herbal remedy for malaria in Uyo, south-coastal Nigeria. In-depth interviews were conducted with 213 respondents aged between 25 to 65 years, who were recruited through venue-based sampling. Malaria is recognized by its symptomatic presentations, which is reflected in different local names for the disease. Local etiological beliefs attribute malaria to mosquito bites, exposure to sunlight, fatigue, witchcraft, and excessive consumption of palm oil. There is a disease-specific preference for alcohol herbal remedies because they are acce

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Carlson, Kirsten Matoy. "Towards Tribal Sovereignty and Judicial Efficiency: Ordering the Defenses of Tribal Sovereign Immunity and Exhaustion of Tribal Remedies." Michigan Law Review 101, no. 2 (2002): 569. http://dx.doi.org/10.2307/1290549.

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44

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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45

Abdul Latif, Laila. "In Pursuit of Financial Justice: Local African Communities’ Quest for Legal Redress Against Business-Related Human Rights Abuses." Modern Africa: Politics, History and Society 7, no. 2 (2019): 55. http://dx.doi.org/10.26806/modafr.v7i2.209.

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Mining corporations in Africa stand accused of violating human rights. This article gives a voice to the plight suffered by local African communities in accessing justice to remedy the violation of their human rights as a result of the business activities of mining corporations. It focuses specifically on the right to access justice in order to ask whether the affected communities get a fair and effective share of financial remedies to mitigate against the violation of their rights to health, clean environment and property. It examines two separate and independent avenues through which local c

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46

Bullock, Charles S., Eric M. Wilk, and Charles M. Lamb. "Bureaucratic Effectiveness and Civil Rights Enforcement." State and Local Government Review 49, no. 2 (2017): 87–104. http://dx.doi.org/10.1177/0160323x17730107.

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This article compares federal, state, and local civil rights agencies’ effectiveness in enforcing the Fair Housing Act. Two factors primarily define effective enforcement: whether agencies’ conciliation efforts are more likely to lead to agreements between the parties involved in complaints and whether agencies are more likely to provide remedies to complainants in cases in which there is cause to believe discrimination occurred. The analysis shows that state and local agencies are generally more effective than the U.S. Department of Housing and Urban Development (HUD) both at conciliating com

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47

Okunola, Oluwole, T. Ali, and O. M. Bello. "ETHNOBOTANICAL SURVEY OF MEDICINAL PLANTS USED IN THE TREATMENT OF CANCER IN DUTSIN-MA LOCAL GOVERNMENT AREA OF KATSINA STATE, NIGERIA." FUDMA JOURNAL OF SCIENCES 4, no. 2 (2020): 538–44. http://dx.doi.org/10.33003/fjs-2020-0402-237.

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Ethnopharmacological surveys showed that herbal remedies and their products are mostly preferred type of alternative and complementary medicine (ACM) globally. In Dutsin-Ma Local Government Area (LGA) like other places herbal remedies are popularly employed against many ailment including tumor and cancer. Therefore, this study aimed to report and document the ethnobotanical survey of the plants used in the management of tumor and cancer in Dutsin-Ma Local Government Area of Katsina State, Nigeria. Traditional medicine practitioners (TMPs) living within the area of study were cross-examined by

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48

Tayeb, Monir. "Foreign remedies for local difficulties: the case of three Scottish manufacturing firms." International Journal of Human Resource Management 10, no. 5 (1999): 842–57. http://dx.doi.org/10.1080/095851999340189.

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49

Lahat, Lihi, and Gila Menahem. "Causes and Remedies for Poverty: Perceptions among Local Elected Leaders in Israel." Poverty & Public Policy 1, no. 2 (2009): 133–63. http://dx.doi.org/10.2202/1944-2858.1026.

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50

Robertson, James E. "The Prison Litigation Reform Act As Sex Legislation: (Imagining) a Punk's Perspective of the Act." Federal Sentencing Reporter 24, no. 4 (2012): 276–86. http://dx.doi.org/10.1525/fsr.2012.24.4.276.

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This article critiques the Prison Litigation Reform Act (PLRA) from the imagined perspective of a jailhouse punk. His sexual exploitation by fellow inmates “turns” him into a non-man, placing him at the bottom of a society of captive men. From his perspective, the PLRA deters him from bringing a federal failure-to-protect lawsuit. First, the PLRA requires exhausting administrative remedies before he can bring a lawsuit. Doing so, however, exposes him to ridicule and retaliation. Second, by making a “prior showing of physical injury” a precondition for an award of actual damages for mental or e

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