基本説明
The author considers both the customary international law as well as the application of the rule to, among others, human rights protection and international organizations. New material includes bilateral investment treaties and state contracts.
Full Description
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.
Contents
Preface; Table of cases; 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: 6. Incidence of the rule; 7. The scope of the rule; 8. Limitations of the rule; 9. The rule as applied to the use of procedural resources; 10. Waiver of the rule and estoppel; 11. Burden of proof; 12. Procedural matters connected with the rule; Part III. Peripheral and Analogous Applications of the Rule: 13. The rule and human rights protection; 14. The rule and international organizations; Part IV. Nature of the Rule: 15. Nature of the rule; Part V. Epilogue: 16. A concluding appraisal.
