Exhaustion Of Local Remedies Research Articles

Levey Co. v. Federal Republic of Germany

State responsibility — For acts and omissions of State organs — Arbitration — Exhaustion of local remedies — Undoubted prospect of unfavourable decision by local organ — Whether such prospect identical with actual existence of such decision.Arbitration — Procedure — Competence — Arbitral Commission on Property, Rights and Interests in Germany — Appeals to — Whether admissible when decision appealed against is not yet rendered but is expected to be unfavourable to complainant.

Uzielli Claim

Disputes — Conciliation — Treaty of Peace with Italy, 1947 (Article 83) — Jurisdiction of Conciliation Commissions — Whether subsidiary to Italian municipal jurisdiction — Whether local remedies must be exhausted before recourse to Conciliation Commission.149State responsibility — Claims — Nationality of — Treaty of Peace with Italy, 1947 (Article 78 (9) (a)) — “Treated as enemy” — Application to Italian Jews whose property was confiscated — Article 83 — Exhaustion of local remedies — Whether necessary before proceedings may be begun before Conciliation Commission — Italian-United States Memorandum of Understanding, 1957.

Human rights—protection—by international tribunals—European Commission of Human Bights—European Convention on Human Rights, 1950—competence of Commission to examine acts of revolutionary government—succession of government to treaty obligations of predecessor—exhaustion of local remedies

Human rights—protection—by international tribunals—European Commission of Human Bights—European Convention on Human Rights, 1950—competence of Commission to examine acts of revolutionary government—succession of government to treaty obligations of predecessor—exhaustion of local remedies

Arbitration and the Exhaustion of Local Remedies

Where a state and an alien agree in a contract to arbitrate disputes relating to the contract, in terms which indicate that arbitration is to be the exclusive remedy, need the alien exhaust any other remedy before an international claim may be presented relating to a dispute which falls within the scope of the arbitration clause ?

Re Application No. 603/59 (X. v. Federal Republic of Germany).

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Commission of Human Rights — Exhaustion of local remedies — Enforcement of award of arbitral tribunal (Article 26).

Re Application No. 458/59 (X. v. Belgium).

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Commission of Human Rights — Non-retroactivity of penal legislation (Article 7) — Right to fair administration of justice (Article 6) — Applicability of Convention only to events occurring after entry into force — Application to be made within six months of final decision (Article 26) — Exhaustion of local remedies (Article 26) — Extent to which Commission can take cognizance of errors by domestic courts (Article 19).

Re Application No. 596/59 (Pataki v. Austria).

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Commission of Human Rights — Right to a fair and public hearing (Article 6 (1)) — Reservation by respondent Government — Right of accused person to defend himself (Article 6 (3) (c)) — Exhaustion of local remedies (Article 26) — Function of Commission in determining admissibility — Travaux préparatoires.

Re Application No. 833/60 (X. v. Austria).

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Commission of Human Rights — Prohibition of forced and compulsory labor (Article 4) — Work in ordinary course of detention — Right to free legal aid (Article 6 (3) (c)) — Right of petition to Commission (Article 25) — Freedom of correspondence — Censorship by prison authorities — Punishment of detained applicant — Exhaustion of local remedies (Article 26).

Re Application No. 604/59 (X. v. Federal Republic of Germany).

310The individual in international law — Human rights and freedoms — European Convention for Protection of — European Commission of Human Rights — Right to free legal aid (Articles 1 and 6 (3) (c)) — Exhaustion of local remedies (Article 26).

Re Application No. 617/59 (Hopfinger v. Austria).

313The individual in international law — Human rights and freedoms — European Convention for Protection of — European Commission of Human Rights — Right to a fair and public hearing (Article 6 (1)) — Reservation by respondent Government — Right of accused person to defend himself (Article 6 (3) (c)) — Right to adequate facilities for preparation of defence (Article 6 (3) (b)) — Right to consult case-file — Right of accused to call witnesses (Article 6 (3) (d)) — Function of Commission in determining admissibility — Travaux préparatoires — Exhaustion of local remedies (Article 26).

Re Application No. 514/59 (X. v. Austria).

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Commission of Human Rights — Exhaustion of local remedies (Article 26) — Ineffective remedy — Right to respect for private and family life (Article 8) — Custody and education of illegitimate child.

Re Application No. 793/60 (X. v. Belgium).

339The individual in international law — Human rights and freedoms — European Convention for Protection of — European Commission of Human Rights — Competence ratione temporis — Right to freedom of correspondence (Article 8) — Censorship by prison authorities — Right of petition to Commission (Article 25 (1)) — Exhaustion of local remedies (Article 26).

Re Application No. 290/57 (X. v. Ireland).

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Commission of Human Rights — Competence of Commission to investigate compatibility of a law with the Convention — Requirement that applicant has been victim of a violation of Convention — Exhaustion of local remedies (Article 26).

Re Application No. 530/59 (X. v. Federal Republic of Germany).

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Commission of Human Rights — Right to vote (First Protocol, Article 3) — Respect for private life and home (Article 8) — Limits of permissible interference with — Measures necessary for protection of public morals — Censorship of prisoner's correspondence — Right to prompt trial (Article 5 (3)) — Circumstances justifying lengthy remand — Fair administration of justice (Article 6) — Right of individual application (Article 25 (1)) — Circumstances not amounting to hindrance — Exhaustion of local remedies (Article 26).

The Content of the Duty to Exhaust Local Judicial Remedies

The purpose of this paper is to examine certain aspects of the nature and content of the duty, arising in the law of international claims, tot exhaust local remedies. The general rule of exhaustion of local remedies, as set forth in familiar terms in the award of the Commission of Arbitration in the Ambatielos case is as follows:[The rule] means that the State against which an international action is brought for injuries suffered by private individuals has the right to resist such an action if the persons alleged to have been injured have not first exhausted all the remedies available to them under the municipal law of that State. The defendant State has the right to demand that full advantage shall have been taken of all local remedies …

Re Application No. 214/56 (De Becker v. Belgium).

State responsibility — For breaches of treaty obligations — European Convention for Protection of Human Rights and Fundamental Freedoms, 1950 — Individual applications — Exhaustion of local remedies — Appeal open — Relevance of absence of prospect of success — Relevance of existence of alternative remedy — Duty to lodge claims within reasonable timeTreaties — Conclusion of — Entry into force — Applicability to events occurring before entry into force — Principle that treaties have no retrospective effect — Continuing nature of unlawful act — European Convention for Protection of Human Rights and Fundamental Freedoms, 1950.Treaties — Interpretation of — Principles of — Grammatical interpretation — Restrictive interpretation of exceptions — Consideration of preparatory work — European Convention on Human Rights, 1950.172The individual in international law — Human rights and freedoms — European Convention for Protection of — European Human Rights Commission — Individual applications — Right of individual to reside in his own country — Freedom of expression — Retroactivity of penal legislation — Competence ratione temporis — Continuing violations — Compatibility of existing legislation with provisions of Convention — Exhaustion of local remedies — Concept of ordinary remedy — Insufficient remedy — Six months' period for application to Commission — Retroactive interpretation — Meaning of term “manifestly ill-founded” — Concept of prima facie violation — Limited power of Commission to examine substance in deciding admissibility.

Re Application No. 352/58 (X. v. Federal Republic of Germany).

State responsibility — For breaches of treaty obligations — European Convention for Protection of Human Rights and Fundamental Freedoms, 1950 — Individual applications — Exhaustion of local remedies — Relevance of time-limits in municipal courts.The individual in international law — Human rights and freedoms — European Convention for Protection of — European Commission of Human Rights — Individual applications — Failure to exhaust local remedies — No prima facie violation of Convention.

Levis and Levis v. German Federal Republic.

State responsibility — For wrongs unconnected with contractual obligations — Exhaustion of local remedies — Convention on the Settlement of Matters Arising out of the War and Occupation, 1952–1954 — Right to submit a case pending in municipal court to Arbitral Commission.524Arbitration — Procedure — Competence — Right to submit case pending in municipal court to Arbitral Commission — Contemptuous or obstructive conduct of submitting party as bar to such submission — Chapter Five, Article 7 (3), sentence 2, of Convention on the Settlement of Matters Arising out of the War and Occupation, 1952—1954 — Reference of case to municipal court — Fixing of conditions of such reference.

Re Application No. 297/57 (X. v. German Federal Republic).

212The individual in International law — Human rights and freedoms — European Convention for Protection of — European Human Rights Commission — Individual applications — Right to liberty and security of person — Arrest and preventive detention — No prima facie violation — Suspending effect of application to Commission — Exhaustion of local remedies.

Re Application No. 176/56 (Government of the Kingdom of Greece v. Government of the United Kingdom of Great Britain and Northern Ireland).

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Human Rights Commission — Inter-State applications — Admissibility of — Relevance of requirement of exhaustion of local remedies — Whether affected by scope of application — Application alleging incompatibility of legislation with provisions of the Convention — Derogations made under Article 15 — Whether relevant to question of admissibility — “A public emergency threatening the life of the nation” — Whether Commission competent to investigate existence thereof — Limits of discretion of Government.