Local remedies

Exhaustion of local remedies

PART THREE LOCAL REMEDIES

Exceptions to the local remedies rule

Draft article 14 Exhaustion of local remedies

(a) There are no reasonably available local remedies to provide effective redress, or the local remedies provide no reasonable possibility of such redress

Local remedies do not need to be exhausted where

Draft article 16 Exceptions to the local remedies rule

(d) The injured person is manifestly precluded from pursuing local remedies or

(e) The State alleged to be responsible has waived the requirement that local remedies be exhausted.

The view was also expressed that, when defining criteria for exceptions to the exhaustion of local remedies rule, available remedies should not a priori be called into question.

(b) The claim is one to which the rule of exhaustion of local remedies applies and any available and effective local remedy has not been exhausted.

Other precautionary measures were the exhaustion of local remedies and giving the opportunity to domestic courts to identify the issues involved.

2. Local remedies means legal remedies which are open to an injured person before the judicial or administrative courts or bodies, whether ordinary or special, of the State alleged to be responsible for causing the injury.

Several delegations expressed support for the exceptions, contained in draft article 16, to the basic rule on the exhaustion of local remedies.

In such circumstances, which were difficult to define, it might well be unreasonable or unjust to require the exhaustion of local remedies.

It is thus apropos to note the authors' petition would fail on an independent ground, namely, the failure to exhaust local domestic remedies.

The new approach is suspicious of universal remedies. Instead, it searches for policy innovations that provide a shortcut around local economic or political complications.

(iv) Promoting the widest possible public access to information about the activities of national and local authorities, as well as ensuring access by all to administrative remedies, without discrimination

(f) Promoting the widest possible public access to information about the activities of national and local authorities, as well as ensuring access by all to administrative remedies, without discrimination

It was also recommended that the issue of exhaustion of local remedies be re examined with a view to providing a specific exemption in the case of the crew.

Exhaustion of domestic remedies

VICTIMS' RIGHT TO REMEDIES

Victims' right to remedies

Mr. Flinterman welcomed Benin's ratification of the Optional Protocol to the Convention but recalled that communications could be referred to the Committee only when all local remedies had been exhausted.

And the general rule of exhausting domestic remedies requires only that remedies offering effective relief be exhausted.

VII. Victims' right to remedies

5.2 On the issue of exhaustion of domestic remedies, the author states that no further remedies are available.

Support was expressed for draft article 14, which codified the recognized rule of customary international law requiring the exhaustion of local remedies as a prerequisite for the presentation of an international claim.

Principle 6 International and domestic remedies

The alternative view suggests different remedies.

International legal remedies must be explored.

Procedural issues Exhaustion of domestic remedies

Procedural issues Exhaustion of domestic remedies

The State party recalls that the author did not avail himself of these remedies, and thus did not exhaust domestic remedies.

It observes that the author has not submitted that such remedies are ineffective or that such remedies would be unreasonably prolonged.

Guidelines and remedies needed to be adopted.

Domestic remedies thus proved ineffective and inadequate.

(d) Remedies for breach of patent rights

Remedies called for under the Committee's Views

Consequently, domestic remedies have not been exhausted.

To consider effective enforcement mechanisms and remedies.

(d) All effective available domestic remedies have not been exhausted. This rule shall not apply where the application of the remedies is unreasonably prolonged.

In that connection, he requested further clarification of the local remedies available in Benin and wished to know more about the precise roles of the Human Rights Board, the ordinary and administrative courts and the Constitutional Court.

They state that they have exhausted all domestic remedies.