Book contents
- Frontmatter
- Contents
- Preface
- Table of cases
- List of abbreviations
- Part I Prolegomena
- 1 Introduction
- 2 The evolution of the law relating to local remedies
- 3 Basis of the rule
- 4 The rule, denial of justice and violation of international law
- 5 Contracts, violation of international law, denial of justice and the rule
- Part II Application of the rule
- Part III Peripheral and analogous applications of the rule
- Part IV Nature of the rule
- Part V Epilogue
- Index
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
5 - Contracts, violation of international law, denial of justice and the rule
from Part I - Prolegomena
Published online by Cambridge University Press: 03 May 2010
- Frontmatter
- Contents
- Preface
- Table of cases
- List of abbreviations
- Part I Prolegomena
- 1 Introduction
- 2 The evolution of the law relating to local remedies
- 3 Basis of the rule
- 4 The rule, denial of justice and violation of international law
- 5 Contracts, violation of international law, denial of justice and the rule
- Part II Application of the rule
- Part III Peripheral and analogous applications of the rule
- Part IV Nature of the rule
- Part V Epilogue
- Index
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
Summary
As will be apparent from the discussion in previous chapters, the rule of local remedies applies, when there is an initial violation of international law by a state in respect of an alien. In connection with the incidence of the initial international legal wrong, with respect to which local remedies must be exhausted, it is necessary to consider contractual relationships. As pointed out in Chapter 4, wrongs committed by private persons against aliens are not as such wrongs which constitute violations of international law. By the same token, breaches of contracts with aliens by private persons do not constitute such violations. Contractual relations between aliens and other private persons, whether national or legal, are entirely in the realm of national juridical relations, while they may involve the application of private international law. Hence, breaches of entirely private contracts by private persons are only breaches of national law, though the application of international private law may take place. For such breaches to have an impact on international law, there must, therefore, be some denial of justice, actual or putative, by the judicial organs of the state concerned which would be the required initial violation of international law in respect of which the rule of local remedies would consequently become applicable in all its facets.
- Type
- Chapter
- Information
- Local Remedies in International Law , pp. 107 - 142Publisher: Cambridge University PressPrint publication year: 2004