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Publications of Shovkrinskii Artur Yusupovich
International Law and International Organizations, 2014-4
Shovkrinskii A.Y. -

DOI:
10.7256/2454-0633.2014.4.11873

Abstract:
International Law and International Organizations, 2014-2
Shovkrinskii A.Y. -

DOI:
10.7256/2454-0633.2014.2.11872

Abstract:
International Law, 2014-2
Shovkrinskii A.Y. - Abandonment of the principle of requirement for the exhaustion of the local legal remedies in the international law by the state. pp. 1-19

DOI:
10.7256/2306-9899.2014.2.11874

Abstract: The article concerns the issue of abandonment of the respondent state of the principle of requirement for the exhaustion of the domestic legal remedies in the international law, which allows the claimant not to apply domestic remedies and to address the international organization bodies directly for the protection of his rights. In the opinion of the author such an abandonment of the state from the requirements for the exhaustion of local remedies may be both expressed and implied.  The author considers that expressed abandonment of this requirement by the state may be expressed directly or indirectly, since it concerns the procedural position of the defense, and the abandonment itself may be withdrawn. It seems that direct abandonment of the principle by the respondent state before the start of the international judicial procedure may be rather rare.  In all of the cases viewed by the author the abandonment was announced by the state during the international judicial trial.  As for the implied abandonment of the requirement for the exhaustion of the local legal remedies by the state, there is no norm of international law, which would provide for its presence.  The author states that the problem of implied abandonment of the requirement for the exhaustion of the local legal remedies by the state is rather complicated.
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