Book contents
- Frontmatter
- Contents
- Preface
- Table of cases
- List of abbreviations
- Part I Prolegomena
- 1 Introduction
- 2 The evolution of the law relating to local remedies
- 3 Basis of the rule
- 4 The rule, denial of justice and violation of international law
- 5 Contracts, violation of international law, denial of justice and the rule
- Part II Application of the rule
- Part III Peripheral and analogous applications of the rule
- Part IV Nature of the rule
- Part V Epilogue
- Index
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
3 - Basis of the rule
from Part I - Prolegomena
Published online by Cambridge University Press: 03 May 2010
- Frontmatter
- Contents
- Preface
- Table of cases
- List of abbreviations
- Part I Prolegomena
- 1 Introduction
- 2 The evolution of the law relating to local remedies
- 3 Basis of the rule
- 4 The rule, denial of justice and violation of international law
- 5 Contracts, violation of international law, denial of justice and the rule
- Part II Application of the rule
- Part III Peripheral and analogous applications of the rule
- Part IV Nature of the rule
- Part V Epilogue
- Index
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
Summary
The development and application of the rule of local remedies have naturally been influenced by the functional considerations which underlie it. These considerations concern the institution of diplomatic protection as such, as well as the rule in a narrower context. It may be useful first to review briefly the basis of the law relating to diplomatic protection, before embarking on an analysis of the underpinnings of the rule of local remedies itself, in order to appreciate the special kind of emphasis which has been inherent in the case of the rule of local remedies. While the rationale for the rule of local remedies should basically be the same as for diplomatic protection in general, it would seem that there are some considerations which enter into the implementation and application of the rule of local remedies which result in certain crucial variations in the importance attached to some of the underlying premises of diplomatic protection. Furthermore, it is important also to examine to what extent the rationale for the rule of local remedies in the context of diplomatic protection may differ from that for the rule as it is applied in the protection of human rights, in order to appreciate whether and how the application of the rule in the protection of human rights has involved, or might involve, departures from the normal practices traditionally associated with the rule as applied in the context of diplomatic protection.
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- Local Remedies in International Law , pp. 43 - 83Publisher: Cambridge University PressPrint publication year: 2004
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