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

in Nordic Journal of International Law
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Abstract

In the context of the responsibility of international organisations the duty to exhaust local remedies shall apply as a modified exhaustion of the internal remedies rule. Thereby, international organisations, 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 jurisdiction in an incremental number of instances.

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

in Nordic Journal of International Law

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