Abstract

Exhaustion of local remedies lies at the crossroads of customary international law, state sovereignty, and the individual rights protected under international law. Originally a customary international law doctrine with a foundation in diplomatic protection, the evolution of the local remedies rule has coincided with the progress of international law. Specialized branches of international law, whether human rights or investor-state arbitration, witness the principle’s use. From the perspectives of general international law, human rights law, and foreign investment protection, this paper argues: first, the local remedies rule advances an interaction between the national and international orders guided by law, and second, it essentially envisages a balance between states’ obligations and individuals’ international standing and their right to seek redressal under the aegis of international law principles.

Keywords: local remedies, customary international law, international law, state sovereignty, functional, local exhaustion, diplomatic protection, progress, human rights, investor-state, arbitration, general international law, human rights law, foreign investment, foreign investment protection, state obligations, international standing, redress, international law principles