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Local remedies in international law
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ISBN: 1107147689 1280437677 0511184166 0511165730 0511163800 0511312717 0511493924 0511164602 9780511165733 9780511184161 9780521828994 0521828996 9780511493928 9780511163807 9781280437670 9781107147683 9780511312717 9780511164606 Year: 2004 Publisher: Cambridge New York Cambridge University Press

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Abstract

In this 2004 book, Professor Amerasinghe examines the local remedies rule in terms of both historical and modern international law. He considers both the customary international law as well as the application of the rule to, among others, human rights protection and international organizations. Material includes bilateral investment treaties and state contracts. The law is dealt with in the light of state practice and the jurisprudence of international courts and tribunals. The book also ventures into important areas such as the incidence of the rule, limitations, the burden of proof and the application of the rule to procedural remedies, in which the law is less clear. It adheres to the requirements of juristic exposition and analysis where the law has been determined, but at the same time Amerasinghe offers criticisms and suggestions for improving the law in the light of modern policy considerations.

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