ИСТОРИЈСКИ РАЗВОЈ ПРАВИЛА О ЛОКАЛНИМ ПРАВНИМ ЛЕКОВИМА У ПОСТУПКУ ДИПЛОМАТСКЕ ЗАШТИТЕ
HISTORICAL DEVELOPMENT OF THE RULES ON THE LOCAL LEGAL REMEDIES IN THE PROCESS OF DIPLOMATIC PROTECTION

Summary/Abstract: The rule of exhaustion of domestic remedies applies in the process of diplomatic protection. It is justified by the practical and political reasons, in order to avoid big number of claims at the international level. The individual, whose right has been violated, must have the opportunity to seek protection against the violation of international law, or to use the legal remedy, which relates to the questions of international law, but gives substantial compensation for the damage the claimant is complaining of. The rule on exhaustion of local remedies has its origins in the ancient times in the cases of reprisals and it receives its relatively clear limits in the 12th and 13th century, when it is invoked in solving the claims between the merchants and other cities. This practice has been present in the following centuries and with the strengthening of national states, reprisals were regulated by international agreements between states and they were allowed only when the plaintiff did not receive redress, or some unjustified delay in the procedure occurred. The legal doctrine, for example Hugo Grotius and Vattel agreed on this issue and supported the related practice. In the 19th and 20th century practice of the states has been intensified concerning this issue and it presents one of the conditions for the diplomatic protection before international courts and arbitrations. This tendency continues today and the rule on exhaustion of local remedies has its place in the area of protection of aliens and human rights.

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