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The Application of the Rule of Exhaustion of Local Remedies in International Law

The Application of the Rule of Exhaustion of Local Remedies in International Law 1986] BOOK REVIEWS 163 INTERNATIONAL LAW TH E APPLICATION OF THE RUL E OF EXHAUSTION OF LOCAL REME­ DIES IN INTERNATIONAL LAW. By A.A. Cangado Trindade. Cam­ bridge, London, New York: Cambridge U.P., 1983. Pp. xi, 443. Reviewed by George H. Hauck* An entry in the series, Cambridge Studies in International and Comparative Law, Professor Trindade's monograph compares the scope and role of the "local remedies" or "local redress" rul e in pub­ lic international law (especially in cases of diplomatic protection), with its place in th e practice of the Commission and Court at Stras­ bourg under the European Convention on Human Rights. His thesis is tha t the rule, although imported from general international law, is functionally different in th e human rights forum, where it operates as a component part of protection rathe r than as a barrier to it. One may doubt that this is so, and still find this book a significant contri­ bution to scholarship in the increasingly important field of interna­ tional protection of human rights. Th e local remedies rule is of ancient origin, rooted in th e medie­ val practice of private reprisal and, more modernly, in diplomatic protection. In http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

The Application of the Rule of Exhaustion of Local Remedies in International Law

Hauck, George H.
American Journal of Comparative Law , Volume 34 (1) – Jan 1, 1986
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Publisher
Oxford University Press
Copyright
© 1986 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840300
Publisher site
See Article on Publisher Site

Abstract

1986] BOOK REVIEWS 163 INTERNATIONAL LAW TH E APPLICATION OF THE RUL E OF EXHAUSTION OF LOCAL REME­ DIES IN INTERNATIONAL LAW. By A.A. Cangado Trindade. Cam­ bridge, London, New York: Cambridge U.P., 1983. Pp. xi, 443. Reviewed by George H. Hauck* An entry in the series, Cambridge Studies in International and Comparative Law, Professor Trindade's monograph compares the scope and role of the "local remedies" or "local redress" rul e in pub­ lic international law (especially in cases of diplomatic protection), with its place in th e practice of the Commission and Court at Stras­ bourg under the European Convention on Human Rights. His thesis is tha t the rule, although imported from general international law, is functionally different in th e human rights forum, where it operates as a component part of protection rathe r than as a barrier to it. One may doubt that this is so, and still find this book a significant contri­ bution to scholarship in the increasingly important field of interna­ tional protection of human rights. Th e local remedies rule is of ancient origin, rooted in th e medie­ val practice of private reprisal and, more modernly, in diplomatic protection. In

Journal

American Journal of Comparative Law – Oxford University Press

Published: Jan 1, 1986

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