In order to pursue a claim against the host or respondent state, an alien will have to use the procedural resources available to him under the local law. Since the decision in the, the exhaustion of procedural remedies has called for special attention, not least because in that case an approach was foreshadowed, particularly by some of the arbitrators, which appears to have given the question a special significance. The principal issue which arises is whether the principles which apply in general to the exhaustion of local remedies undergo any modification or change. In the light of in particular the opinions rendered in the, and also the views expressed by a few text writers, it is appropriate to examine in some detail the exhaustion of procedural recourse. The principles applicable to the exhaustion of remedies in general, and to the limitations on such exhaustion, are relevant here, so that it is only upon the extent to which they are modified, or require specific explanation because of the manner in which they are applied, that the investigation will focus.

The issue concerns the extent to which and the manner in which the alien claimant must use the procedural resources available to him, primarily in the same court, in order to satisfy the rule that he must exhaust local remedies.