《THE APPLICATION OF THE RULE OF EXHAUSTION OF LOCAL REMEDIES IN INTERNATIONAL LAW》

Introduction1

1 The rationale of the rule of exhaustion of local remedies in diplomatic protection， and in human rights protection (under the European Convention on Human Rights) -the local remedies rule in relation to the enforcement of the interna-tional responsibility of states6

Ⅰ Introduction6

Ⅱ The rationale of the local remedies rule and basic premises of diplomatic protection7

Ⅲ The rationale of the local remedies rule and basic premises of human rights protection (under the European Convention on Human Rights)14

Ⅳ Diplomatic protection and human rights protection compared (for purposes of interpretation and application of the local remedies rule)18

Ⅴ Conclusions: towards a proper understanding of the rationale of the local remedies rule within the frameworks of diplomatic protection and of human rights protection46

2 Conditions for the application of the local remedies rule57

Section ARemedies to be exhausted57

Ⅰ In general international law57

Ⅱ In the practice of the European Commission of Human Rights59

Section BThe so-called ‘exceptions’ to the rule110

Ⅰ In general international law110

Ⅱ In the practice of the European Commission of Human Rights112

Section C Waiver or exclusion of the rule127

ⅠExpress waiver and waiver in general127

Ⅱ Implied waiver (the problem of application of the rule in the absence of express provision)131

3The burden of proof with regard to the exhaustion of local remedies134

Ⅰ Introduction134

Ⅱ The burden of proof in general international law134

Ⅲ The burden of proof with regard to exhaustion of local remedies in experiments on the international protection of human rights143

Ⅳ Conclusions169

4The extent of application of the rule of exhaustion of local remedies172

Ⅰ Exhaustion of local remedies in inter-State cases: the practice under the European Convention on Human Rights172

Ⅱ Exhaustion of local remedies in relation to legislative measures and administrative practices: the practice under the European Conven-tion on Human Rights187

5The time factor in the application of the rule of exhaustion of local remedies213

Ⅰ Introduction213

Ⅱ Time of exhaustion214

Ⅲ Time at which to raise objections and time of decision on objections: the objection of non-exhaustion of local remedies in relation to other preliminary objections229

Ⅳ The six-month rule in Article 26 of the European Convention on Human Rights234

Ⅴ Conclusions247

6Further problems in the application of the local remedies rule250

Ⅰ Exhaustion of local remedies as related to the internal structure of the international jurisdictional body250

Ⅱ Exhaustion of local remedies in relation to claims for compensation (under Article 5o of the European Convention on Human Rights)258

Ⅲ Exhaustion of local remedies in cases of declaratory judgments (requests for interpretation)261

Ⅳ Other procedural issues264

Addendum277

Conclusions: Perspectives of the local remedies rule279

Notes288

Table of cases413

Select bibliography422

Index441