from Part II - Application of the rule
Published online by Cambridge University Press: 03 May 2010
An issue which is crucial to the operation of the rule in practice concerns the extent to which local remedies must be exhausted. As already pointed out, the interplay between the two principal sets of conflicting interests, those of the host or respondent state arising from its sovereignty and those of the alien in securing a fair and equitable solution to his complaint without being put to undue expense or hardship, is significant here, although there tends to be a greater emphasis on those of the host or respondent state in having an opportunity to settle the dispute by its own means. The scope of the rule is inextricably linked with limitations on it which will be discussed in detail in the following chapter, although there will be some overlap between the two subjects. Here, however, the object is to examine how extensive must be the resort to local remedies in order to enable the host or respondent state to have a proper opportunity of settling the dispute. The development of the rule, particularly through judicial decisions, demonstrates that, while great respect is shown for the sovereignty of the host or respondent state, there has been some concern for the interests of the alien, so as not to make the extent of resort required unreasonable.
To save this book to your Kindle, first ensure no-reply@cambridge-org.demo.remotlog.com is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.