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Diplomatic Protection$
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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

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Exhausting Local Remedies

Exhausting Local Remedies

(p.142) 11 Exhausting Local Remedies
Diplomatic Protection

Chittharanjan F. Amerasinghe

Oxford University Press

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

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