The Application of the Rule of Exhaustion of Local Remedies in International Law

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Publisher : Cambridge [Cambridgeshire] ; New York : Cambridge University Press
ISBN 13 : 9780521229470
Total Pages : 443 pages
Book Rating : 4.2/5 (294 download)

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Book Synopsis The Application of the Rule of Exhaustion of Local Remedies in International Law by : Antônio Augusto Cançado Trindade

Download or read book The Application of the Rule of Exhaustion of Local Remedies in International Law written by Antônio Augusto Cançado Trindade and published by Cambridge [Cambridgeshire] ; New York : Cambridge University Press. This book was released on 1983 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication focuses on the relationship between general international law and the specific legal remedies established by individual treaties.

The Application of the Rule of Exhaustion of Local Remedies in International Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 443 pages
Book Rating : 4.:/5 (12 download)

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Book Synopsis The Application of the Rule of Exhaustion of Local Remedies in International Law by : A. A. Cançado Trindade

Download or read book The Application of the Rule of Exhaustion of Local Remedies in International Law written by A. A. Cançado Trindade and published by . This book was released on 1983 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Time Factor in the Application of the Rule of Exhaustion of Local Remedies in International Law

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Publisher :
ISBN 13 :
Total Pages : 489 pages
Book Rating : 4.:/5 (683 download)

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Book Synopsis The Time Factor in the Application of the Rule of Exhaustion of Local Remedies in International Law by : Antônio Augusto Cançado Trindade

Download or read book The Time Factor in the Application of the Rule of Exhaustion of Local Remedies in International Law written by Antônio Augusto Cançado Trindade and published by . This book was released on 1978 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Local Remedies in International Law

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Publisher : Cambridge University Press
ISBN 13 : 9781139450157
Total Pages : 488 pages
Book Rating : 4.4/5 (51 download)

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Book Synopsis Local Remedies in International Law by : Chittharanjan Felix Amerasinghe

Download or read book Local Remedies in International Law written by Chittharanjan Felix Amerasinghe and published by Cambridge University Press. This book was released on 2004-01-15 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this 2004 book, Professor Amerasinghe examines the local remedies rule in terms of both historical and modern international law. He considers both the customary international law as well as the application of the rule to, among others, human rights protection and international organizations. Material includes bilateral investment treaties and state contracts. The law is dealt with in the light of state practice and the jurisprudence of international courts and tribunals. The book also ventures into important areas such as the incidence of the rule, limitations, the burden of proof and the application of the rule to procedural remedies, in which the law is less clear. It adheres to the requirements of juristic exposition and analysis where the law has been determined, but at the same time Amerasinghe offers criticisms and suggestions for improving the law in the light of modern policy considerations.

The Rule of Prior Exhaustion of Local Remedies in the International Law Doctrine and Its Application in the Specific Context of Human Rights Protection

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Rule of Prior Exhaustion of Local Remedies in the International Law Doctrine and Its Application in the Specific Context of Human Rights Protection by : Silvia D'Ascoli

Download or read book The Rule of Prior Exhaustion of Local Remedies in the International Law Doctrine and Its Application in the Specific Context of Human Rights Protection written by Silvia D'Ascoli and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article analyses the so-called 'rule of exhaustion of local remedies' whereby a State must be given the opportunity to redress an alleged wrong within the framework of its own domestic legal system before its international responsibility can be called into question at the level of regional or international organs. With respect to the specific historical development of the rule, the paper portrays the transition of the principle from its original function in international law to its extended application in human rights law. At the centre of the analysis is the question of whether the rule of exhaustion of local remedies has simply been 'transplanted' into the field of human rights protection or whether it has undergone substantial transformation to the extent that it now qualifies as a self-contained rule under human rights law. After having analysed the application of the local remedies rule in the field of human rights, it is argued that - even though initially influenced by the original rule in the field of diplomatic protection - at present the local remedies rule in human rights law is an autonomous and self-contained rule with different functions and aims.

The Rule of Prior Exhaustion of Local Remedies in the International Law Doctrine and Its Application in the Specific Context of Human Rights Protection

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (535 download)

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Book Synopsis The Rule of Prior Exhaustion of Local Remedies in the International Law Doctrine and Its Application in the Specific Context of Human Rights Protection by : D'Ascoli Silvia

Download or read book The Rule of Prior Exhaustion of Local Remedies in the International Law Doctrine and Its Application in the Specific Context of Human Rights Protection written by D'Ascoli Silvia and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Investor-State Arbitration

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Publisher : Oxford University Press, USA
ISBN 13 : 019979572X
Total Pages : 818 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Investor-State Arbitration by : Christopher Dugan

Download or read book Investor-State Arbitration written by Christopher Dugan and published by Oxford University Press, USA. This book was released on 2008 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: I. Introduction II. History and Limitations of the Traditional System for Resolving Investment Disputes III. The Modern System of Investor-State Arbitration IV. Commonly Used Procedural Rules V. Procedural Law Applicable in Investor-State Arbitration VI. National Court Interference: Anti-Arbitration Injunctions VII. The Course of an Investment Arbitration VIII. Consolidation under Relevant Arbitration Rules or Treaties IX. Governing Law in Investment Disputes X. Consent to Arbitral Jurisdiction XI. The Concept of Investment XII. The Nationality of the Investor XIII. Exhaustion of Local Remedies XIV. Election of Forum: National Courts and Contract Arbitrations XV. Discrimination XVI. Expropriation XVII. "Fair and Equitable Treatment" and "Full Protection and Security" XVIII. Umbrella Clauses XIX. Damages, Compensation, and Non-Pecuniary Remedies XX. Annulment and Set Aside XXI. Enforcement of Awards XXII. The Future of International Investment Arbitration Select Bibliography Index Table of Cases Index of Treaties, Conventions, and International Agreements.

The Exhaustion of Local Remedies in the Case Law of International Courts and Tribunals

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Publisher :
ISBN 13 :
Total Pages : 172 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Exhaustion of Local Remedies in the Case Law of International Courts and Tribunals by : Thomas Haesler

Download or read book The Exhaustion of Local Remedies in the Case Law of International Courts and Tribunals written by Thomas Haesler and published by . This book was released on 1968 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Denial of Justice in International Law

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Publisher : Cambridge University Press
ISBN 13 : 1139448285
Total Pages : 307 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Denial of Justice in International Law by : Jan Paulsson

Download or read book Denial of Justice in International Law written by Jan Paulsson and published by Cambridge University Press. This book was released on 2005-10-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.

The Oxford Handbook on the Sources of International Law

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Publisher : Oxford University Press
ISBN 13 : 0198745362
Total Pages : 1233 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook on the Sources of International Law by : Samantha Besson

Download or read book The Oxford Handbook on the Sources of International Law written by Samantha Besson and published by Oxford University Press. This book was released on 2017 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.

Developments in the rule of exhaustion of local remedies in international law, with particular reference to experiments on the international protection of individual rights

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (14 download)

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Book Synopsis Developments in the rule of exhaustion of local remedies in international law, with particular reference to experiments on the international protection of individual rights by : Antônio Augusto Cançado Trindade

Download or read book Developments in the rule of exhaustion of local remedies in international law, with particular reference to experiments on the international protection of individual rights written by Antônio Augusto Cançado Trindade and published by . This book was released on 1978 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judicial Acts and Investment Treaty Arbitration

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Publisher : Cambridge University Press
ISBN 13 : 1107198461
Total Pages : 291 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Judicial Acts and Investment Treaty Arbitration by : Berk Demirkol

Download or read book Judicial Acts and Investment Treaty Arbitration written by Berk Demirkol and published by Cambridge University Press. This book was released on 2018-01-11 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of state responsibility for acts committed in the course of different stages of adjudicatory process.

International Investment Law

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Publisher : Hart Pub Limited
ISBN 13 : 9781849463638
Total Pages : 2000 pages
Book Rating : 4.4/5 (636 download)

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Book Synopsis International Investment Law by : Marc Bungenberg

Download or read book International Investment Law written by Marc Bungenberg and published by Hart Pub Limited. This book was released on 2014-11-30 with total page 2000 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is a subject of growing importance and complexity. Anyone interested in international investment law will appreciate the comprehensive, thoughtful and detailed exploration of this area which this distinguished group of German scholars have provided.

International Law

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Publisher : Cambridge University Press
ISBN 13 : 9781139438643
Total Pages : 1452 pages
Book Rating : 4.4/5 (386 download)

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Book Synopsis International Law by : Malcolm N. Shaw

Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2003-09-25 with total page 1452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fifth edition of Malcolm Shaw's bestselling textbook on international law provides a clear, authoritative and comprehensive introduction to the subject, fully revised and updated to Spring 2003. Basically preserving the structure which made the previous edition so successful, a new chapter on Inter-state Courts and Tribunals considers the role of the International Court of Justice and the International Tribunal on the Law of the Sea, and there is a new chapter on international humanitarian law. Also examined are arbitration tribunals and the role of international institutions such as the WTO in resolving conflicts. The prosecution of individuals for violations of international law is examined. Additional coverage of events in Kosovo and Iraq analyses the questions of humanitarian intervention and the role of the UN. Written in a clear and accessible style, setting the subject firmly in the context of world politics and the economic and cultural influences affecting it, this book remains a highly readable and invaluable resource for students and practitioners alike. The scope of the text makes this essential reading for students of international law, international relations and the political sciences. The book is also valuable to professionals and governmental and international civil servants.

The Local Remedies Rule in International Law

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Publisher : Librairie Droz
ISBN 13 :
Total Pages : 166 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Local Remedies Rule in International Law by : Castor H. P. Law

Download or read book The Local Remedies Rule in International Law written by Castor H. P. Law and published by Librairie Droz. This book was released on 1961 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Making of International Law

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Publisher : OUP Oxford
ISBN 13 : 0191021768
Total Pages : 368 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Making of International Law by : Alan Boyle

Download or read book The Making of International Law written by Alan Boyle and published by OUP Oxford. This book was released on 2007-02-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.

A Survey of Treaty Provisions on the Rule of Exhaustion of Local Remedies

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Publisher :
ISBN 13 :
Total Pages : 34 pages
Book Rating : 4.:/5 (622 download)

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Book Synopsis A Survey of Treaty Provisions on the Rule of Exhaustion of Local Remedies by : A. O. Adede

Download or read book A Survey of Treaty Provisions on the Rule of Exhaustion of Local Remedies written by A. O. Adede and published by . This book was released on 1977 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: