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The Access of Individuals to International Justice$
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Antônio Augusto Cançado Trindade

Print publication date: 2011

Print ISBN-13: 9780199580958

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199580958.001.0001

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Access to International Justice in Relation to the Interaction between International Law and Domestic Law

Access to International Justice in Relation to the Interaction between International Law and Domestic Law

Chapter:
(p.76) V Access to International Justice in Relation to the Interaction between International Law and Domestic Law
Source:
The Access of Individuals to International Justice
Author(s):

Antônio Augusto Cançado Trindade

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199580958.003.0005

Well beyond the confines of the traditional and sterile polemics between monism and dualism, the interaction between international law and domestic law has been asserted in the protection of human rights. Human rights treaties themselves confer a relevant role to national tribunals. The application of the rule of exhaustion of local remedies, in the present domain of protection, bears witness of that interaction.Thus, in approaching the States' duty to provide effective local remedies and the individual's duty to have recourse to them, the emphasis lies on redress, on the realization of justice. Such is the rationale of the local remedies rule in human rights protection. State responsibility itself comes to be approached beyond the so-called subsidiarity of international proceedings.

Keywords:   monism, dualism, interaction between international and domestic law, role of national tribunals, local remedies rule, redress, State responsibility

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