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Local Remedies in International Law

2nd Edition

$157.00 USD

Part of Cambridge Studies in International and Comparative Law

  • Date Published: April 2006
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9780511162206

$ 157.00 USD
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About the Authors
  • 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.

    • Deals with principles in addition to precedents and cases
    • Comprehensive analysis of the law and problems associated with it
    • Raises difficult issues and provides answers in the light of the law, policies and principles involved
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    Product details

    • Edition: 2nd Edition
    • Date Published: April 2006
    • format: Adobe eBook Reader
    • isbn: 9780511162206
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    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.

  • Author

    Chittharanjan Felix Amerasinghe
    Chittharanjan Felix Amerasinghe was formerly Judge at the UN Tribunal, New York, and of the Commonwealth Secretariat Tribunal in London. He was also Professor and Honorary Professor of Law, University of Ceylon, Colombo. He was also Director of the Secretariat and Registrar at the World Bank Tribunal in Washington.

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