The Local Remedies Rule In International Law
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Author | : Chittharanjan Felix Amerasinghe |
Publisher | : Cambridge University Press |
Total Pages | : 488 |
Release | : 2004-01-15 |
Genre | : Political Science |
ISBN | : 9781139450157 |
In this 2004 book, Professor Amerasinghe examines the local remedies rule in terms of both historical and modern international law. He considers both the customary international law as well as the application of the rule to, among others, human rights protection and international organizations. Material includes bilateral investment treaties and state contracts. The law is dealt with in the light of state practice and the jurisprudence of international courts and tribunals. The book also ventures into important areas such as the incidence of the rule, limitations, the burden of proof and the application of the rule to procedural remedies, in which the law is less clear. It adheres to the requirements of juristic exposition and analysis where the law has been determined, but at the same time Amerasinghe offers criticisms and suggestions for improving the law in the light of modern policy considerations.
Author | : Castor H. P. Law |
Publisher | : |
Total Pages | : |
Release | : 1961 |
Genre | : |
ISBN | : |
Author | : Antônio Augusto Cançado Trindade |
Publisher | : Cambridge [Cambridgeshire] ; New York : Cambridge University Press |
Total Pages | : 443 |
Release | : 1983 |
Genre | : Social Science |
ISBN | : 9780521229470 |
This publication focuses on the relationship between general international law and the specific legal remedies established by individual treaties.
Author | : Chittharanjan Felix Amerasinghe |
Publisher | : |
Total Pages | : 445 |
Release | : 2004 |
Genre | : Exhaustion of local remedies (International law) |
ISBN | : 9781107147683 |
Professor Amerasinghe examines the local remedies rule in terms of both historical and modern international law. He considers both the customary international law as well as the application of the rule to, among others, human rights protection and international organizations. New material includes bilateral investment treaties and state contracts. The law is dealt with in the light of state practice and the jurisprudence of international courts and tribunals. The book also ventures into important areas such as the incidence of the rule, limitations, the burden of proof and the application of the rule to procedural remedies, in which the law is less clear. It adheres to the requirements of juristic exposition and analysis where the law has been determined, but at the same time Amerasinghe offers criticisms and suggestions for improving the law in the light of modern policy considerations.
Author | : Thomas Haesler |
Publisher | : |
Total Pages | : 172 |
Release | : 1968 |
Genre | : Exhaustion of local remedies (International law) |
ISBN | : |
Author | : Silvia D'Ascoli |
Publisher | : |
Total Pages | : 0 |
Release | : 2015 |
Genre | : |
ISBN | : |
This article analyses the so-called 'rule of exhaustion of local remedies' whereby a State must be given the opportunity to redress an alleged wrong within the framework of its own domestic legal system before its international responsibility can be called into question at the level of regional or international organs. With respect to the specific historical development of the rule, the paper portrays the transition of the principle from its original function in international law to its extended application in human rights law. At the centre of the analysis is the question of whether the rule of exhaustion of local remedies has simply been 'transplanted' into the field of human rights protection or whether it has undergone substantial transformation to the extent that it now qualifies as a self-contained rule under human rights law. After having analysed the application of the local remedies rule in the field of human rights, it is argued that - even though initially influenced by the original rule in the field of diplomatic protection - at present the local remedies rule in human rights law is an autonomous and self-contained rule with different functions and aims.
Author | : Anne Peters |
Publisher | : Cambridge University Press |
Total Pages | : 645 |
Release | : 2016-10-27 |
Genre | : Law |
ISBN | : 1107164303 |
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Author | : Jan Paulsson |
Publisher | : Cambridge University Press |
Total Pages | : 307 |
Release | : 2005-10-06 |
Genre | : Law |
ISBN | : 1139448285 |
Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.
Author | : A. A. Cançado Trindade |
Publisher | : |
Total Pages | : 443 |
Release | : 1983 |
Genre | : Human rights |
ISBN | : |
Author | : André Nollkaemper |
Publisher | : Oxford University Press |
Total Pages | : 384 |
Release | : 2012 |
Genre | : Law |
ISBN | : 0191652822 |
This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107). This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.