ИСЦРПЉЕЊЕ УНУТРАШЊИХ ПРАВНИХ СРЕДСТАВА КАО УСЛОВ ЗА ПРИМЕНУ ДИПЛОМАТСКЕ ЗАШТИТЕ У МЕЂУНАРОДНОМ ПРАВУ
THE EXHAUSTION OF INTERNAL REMEDIES AS A CONDITION FOR THE APPLICATION OF DIPLOMATIC PROTECTION IN INTERNATIONAL LAW

Summary/Abstract: The author analyses the so-called ‘rule of exhaustion of local remedies’ as a necessary condition of diplomatic protection. State must be given the opportunity to redress the alleged wrongdoing within the framework of its own domestic legal system, before its international responsibility may be examined at the level of international community. The paper starts off with an overview of the historical development of diplomatic protection in international law, and then focuses on the question of legal development of the ‘rule of exhaustion of local remedies’, the existing practices before the arbitral courts and the International Court of Justice, and the issue of whether or not the approach of the Court to diplomatic protection has become more human-rights oriented in the last few years. The author offers different theoretical views of development of the rule on the universal level, and considers this rule as on of the necessary conditions of diplomatic protection in international law. The author emphasizes the work of International Law Commission of United Nations on Draft Article on Diplomatic Protection, and analyzes some of the exceptions from the rule of exhaustion of local remedies.

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