The Rule of Exhaustion of Local Remedies in the Context of the Responsibility of International Organisations

The Rule of Exhaustion of Local Remedies in the Context of the Responsibility of International... Nordic Journal of International Law 77 (2008) 401–428 © Koninklijke Brill NV, Leiden, 2008 DOI 10.1163/157181008X374898 www.brill.nl/nord NORDIC JOURNAL OF INTERNATIONAL LAW Th e Rule of Exhaustion of Local Remedies in the Context of the Responsibility of International Organisations Gerhard Th allinger * Legal Advisor, Directorate of Legal and Constitutional Aff airs Austrian Federal Chancellery, Vienna E-mail: gerhard.thallinger@bka.gv.at Abstract In the context of the responsibility of international organisations the duty to exhaust local remedies shall apply as a modifi ed exhaustion of the internal remedies rule. Th ereby, international organisa- tions, like states, can avail themselves of the opportunity to rectify the behaviour of their organs by their own means. Against the backdrop of the raison d’être of international organisations, internal remedies do not necessarily have to meet the same stringent requirements as local remedies within states but must provide comparable legal redress. In order to render a claim against an international organisation admissible, such internal remedies have to be invoked beforehand. In toto , such an approach might serve as an incentive for international organisations to enhance means of legal review and promote legal protection of individuals against acts of international organisations that do today exercise state-like http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

The Rule of Exhaustion of Local Remedies in the Context of the Responsibility of International Organisations

Nordic Journal of International Law, Volume 77 (4): 401 – Jan 1, 2008

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Publisher
Brill
Copyright
© 2008 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0902-7351
eISSN
1571-8107
D.O.I.
10.1163/157181008X374898
Publisher site
See Article on Publisher Site

Abstract

Nordic Journal of International Law 77 (2008) 401–428 © Koninklijke Brill NV, Leiden, 2008 DOI 10.1163/157181008X374898 www.brill.nl/nord NORDIC JOURNAL OF INTERNATIONAL LAW Th e Rule of Exhaustion of Local Remedies in the Context of the Responsibility of International Organisations Gerhard Th allinger * Legal Advisor, Directorate of Legal and Constitutional Aff airs Austrian Federal Chancellery, Vienna E-mail: gerhard.thallinger@bka.gv.at Abstract In the context of the responsibility of international organisations the duty to exhaust local remedies shall apply as a modifi ed exhaustion of the internal remedies rule. Th ereby, international organisa- tions, like states, can avail themselves of the opportunity to rectify the behaviour of their organs by their own means. Against the backdrop of the raison d’être of international organisations, internal remedies do not necessarily have to meet the same stringent requirements as local remedies within states but must provide comparable legal redress. In order to render a claim against an international organisation admissible, such internal remedies have to be invoked beforehand. In toto , such an approach might serve as an incentive for international organisations to enhance means of legal review and promote legal protection of individuals against acts of international organisations that do today exercise state-like

Journal

Nordic Journal of International LawBrill

Published: Jan 1, 2008

Keywords: DIPLOMATIC PROTECTION; JURISDICTION; LEGAL REDRESS; RESPONSIBILITY OF INTERNATIONAL ORGANISATIONS; FUNCTIONAL PROTECTION; LOCAL REMEDIES

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