Local Remedies in International Law
Seiten
1990
Cambridge University Press (Verlag)
978-0-521-46317-1 (ISBN)
Cambridge University Press (Verlag)
978-0-521-46317-1 (ISBN)
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This book examines the local remedies rule in modern international law generally and also in the area of human rights protection. The author ventures into some 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 not so clear.
This book examines the local remedies rule in modern international law generally and also in the area of human rights protection. The law is presented in the light of State practice and the jurisprudence of international courts and tribunals. The author not only discusses the jurisprudential basis of the rule and its established aspects but ventures into some 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 not so clear. While there is a strict adherence to the requirements of juristic exposition and analysis where the law has been more or less determined, the author does not hesitate to offer criticisms and to make suggestions for improvement of the law in the light of modern policy considerations. The book takes into account the recent work on the subject by the International Law Commission which has not hitherto been examined.
This book examines the local remedies rule in modern international law generally and also in the area of human rights protection. The law is presented in the light of State practice and the jurisprudence of international courts and tribunals. The author not only discusses the jurisprudential basis of the rule and its established aspects but ventures into some 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 not so clear. While there is a strict adherence to the requirements of juristic exposition and analysis where the law has been more or less determined, the author does not hesitate to offer criticisms and to make suggestions for improvement of the law in the light of modern policy considerations. The book takes into account the recent work on the subject by the International Law Commission which has not hitherto been examined.
Preface; Table of cases; Abbreviations; 1. Introductory: the object and scope of the work; 2. The evolution of the law relating to local remedies; 3. The relevance of denial of justice; 4. Jurisprudential underpinnings of the rule; 5. Preliminary survey of the legal issues relating to the rule; 6. The incidence of the rule; 7. The scope of the rule; 8. The limitations on the rule; 9. Use of procedural resources; 10. Waiver of the rule and estoppel; 11. The burden of proof; 12. Some further problems connected with the rule; 13. The nature of the rule; 14. A concluding appraisal; Appendix; Bibliography; Index.
| Erscheint lt. Verlag | 1.4.1990 |
|---|---|
| Verlagsort | Cambridge |
| Sprache | englisch |
| Maße | 153 x 235 mm |
| Gewicht | 928 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| ISBN-10 | 0-521-46317-3 / 0521463173 |
| ISBN-13 | 978-0-521-46317-1 / 9780521463171 |
| Zustand | Neuware |
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