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International Law

International Law (5th edn)

Malcolm Evans
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date: 21 July 2024

p. 45015. Issues of Admissibility and the Law on International Responsibilitylocked

p. 45015. Issues of Admissibility and the Law on International Responsibilitylocked

  • Phoebe Okowa

Abstract

This chapter examines the legal regime governing the admissibility of claims in international adjudication. Particular attention is paid to the modalities of establishing legal interest in respect of claims brought by States in their own right and on behalf of their nationals. The role of nationality is examined and the problems posed by competing claims in relation to multiple nationalities are explored. The unique nature of the problems raised in extending diplomatic protection to corporations and shareholding interests is considered in light of the jurisprudence of international tribunals. The final section considers the ambit of the rule on exhaustion of local remedies and its effect on the admissibility of claims. The parameters of the rule are explored and circumstances when, as a matter of policy, it ought to be regarded as inapplicable are discussed.

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