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III Points of Substantive Law, Division C: State Responsibility And International Claims, Ch.IV: The Rule of Exhaustion of Local Remedies

From: The Law and Procedure of the International Court of Justice: Fifty Years of Jurisprudence Volume II

Hugh Thirlway

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 23 September 2023

Burden of proof — Customary international law — Exhaustion of local remedies
Before comment is made on decisions of the Court in this field handed own since the publication of the previous article in this series,633 it may be noted that during that period the International Law Commission has completed its Articles on State Responsibility, Article 44 of which refers to the question of the exhaustion of local remedies as a bar to an international claim. It does so however merely by recording that ‘[t]he responsibility of a State may not be invoked if:…(b) the claim is one to which the rule of exhaustion of local remedies applies and any...
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