Jump to ContentJump to Main Navigation
Diplomatic Protection$
Users without a subscription are not able to see the full content.

Chittharanjan F. Amerasinghe

Print publication date: 2008

Print ISBN-13: 9780199212385

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199212385.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 October 2019

Exhausting Local Remedies

Exhausting Local Remedies

Chapter:
(p.142) 11 Exhausting Local Remedies
Source:
Diplomatic Protection
Author(s):

Chittharanjan F. Amerasinghe

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199212385.003.0011

This chapter focuses on the rule of exhaustion of local remedies. The rule states that where there has been a violation of international law in the treatment of an alien by a State, local remedies must be exhausted by the alien before his claim may be espoused by his national State. In the modern law of diplomatic protection, the raison d'être of the rule is the recognition given by members of the international community to the interest of the host State, flowing from its sovereignty, in settling international disputes of a certain kind by its own means before international mechanisms are invoked. The scope of the rule, exceptions and limitations, waiver of the rule, and inapplicability of the rule are discussed.

Keywords:   exhaustion of local remedies, international law, alien, diplomatic protection

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .