A Study On The Rule Of Exhaustion Of Local Remedies In The Legal Procedure Of International Dispute Settlement

The legal procedure of international dispute settlement is the activity of resolving international disputes through international procedures in the form of legal means.Diplomatic protection is an important legal way to resolve the disputes between individuals and states in international law.It has been widely applied to the settlement of disputes between individuals and states over the issue of human rights and investment,in particular.With the formation of the international human rights system and the international investment system,new mechanisms have emerged in regard to the settlement of human rights disputes and investment disputes.Within the human rights system,disputes caused by human rights issue between individuals and states can be resolved through inter-state complaint procedure and individual complaint procedure.Within the investment system,international investment arbitration has become the main way to resolve international investment disputes.In this context,the application of diplomatic protection in the settlement of international dispute has gradually reduced.The exhaustion of local remedies by the victims is the premise of the initiation of diplomatic protection.In diplomatic protection system,the rule of exhaustion of local remedies is an important rule of customary international law.With the application of diplomatic protection in resolving human rights and investment disputes between individuals and states,the rule of exhaustion of local remedies has also been established in the international human rights system and international investment system.Nevertheless,in these two areas,the development of the rule of exhaustion of local remedies has gone through rather different paths.In terms of the dispute settlement procedure of human rights,the development of the rule is of great consistency,while regarding the settlement procedure of investment disputes,the rule has undergone complicated and tortuous changes.The study on the rule of exhaustion of local remedies is of reference and guidance for a proper understanding of international dispute settlement procedures,which will be conducive to the appropriate response to international disputes.In view of the consideration of logical integrity,this dissertation consists of four chapters,in addition to the introduction and the conclusion.Chapter I gives a brief discussion on the basic contents of international dispute settlement procedures.This chapter clarifies some elements closely related to international dispute settlement,and introduces the historical context and the various types of international dispute settlement procedures.Besides,a preliminary study on the definition and main contents of the term of local remedies has been given.Chapter II focuses on the study of the application of the rule of exhaustion of local remedies in diplomatic protection procedures.Based on the history of diplomatic protection and the rule of exhaustion of local remedies in this procedure,this chapter explores the theoretical basis which is influential to the rule of exhaustion of local remedies in the legal procedure of diplomatic protection.Additionally,the legal status and the nature of the rule have also been discussed.In this context,this chapter makes an analysis on the conditions and the exceptions over the application of the rule in detail.Chapter III analyses the rule of exhaustion of local remedies in international human rights dispute settlement procedure.Starting with the study of the historical evolution of international human rights dispute settlement procedure,a more detailed study of inter-state complaint procedure and individual complaint procedure has been carried out.Meanwhile,the status and the role of the rule of exhaustion of local remedies in the above-mentioned procedures have been confirmed.Furthermore,this chapter probes into the consistent development of the rule in international human rights system and its reasons behind.Lastly,the application of the rule of exhaustion of local remedies is studied deeply from the perspective of the judicial practice of human rights commissions and human rights courts over a number of human rights cases.Chapter IV explores the rule of exhaustion of local remedies in international investment dispute settlement procedure.The exhaustion of local remedies discussed in this chapter includes two types.One is the exhaustion of local remedies as a precondition for the initiation of international proceedings,while the other one is local remedies as a means of dispute settlement.This chapter mainly focuses on the complicated changes over the"decline-to-revival" development of this rule in international investment system.On this basis,a concrete analysis on the application of the rule is given through the discussion of international investment treaties and investment practices.