Cover -- Half-title -- Series title -- Title -- Copyright -- Contents -- Preface -- Table of cases -- Abbreviations -- Part I Prolegomena -- 1 Introduction -- The subject -- Scheme and method -- 2 The evolution of the law relating to local remedies -- 3 Basis of the rule -- The basis of diplomatic protection -- The interests of the state of nationality -- The interests of the defendant state, competing national states and entities other than the injured alien -- The interests and position of the injured alien -- Choices among competing interests and essentials -- The interests behind the rule of local remedies -- The interest of the host or respondent state -- The interest of the alien -- The interest of the alien's national state -- The interest of the international community -- Choices among competing interests -- The rule in human rights protection -- The context of human rights protection -- The basis of the local remedies rule in human rights protection -- The formulation of the rule in human rights instruments -- Trends in the application of theory in human rights protection as related to diplomatic protection -- 4 The rule, denial of justice and violation of international law -- Meaning of the concept -- Incidence and relevance of the original injury -- Need to exhaust remedies -- International responsibility and violation of international law -- Conclusion: some basic principles -- 5 Contracts, violation of international law, denial of justice and the rule -- The earlier authorities -- State practice -- International treaty practice -- International decisions -- Text writers -- Functional considerations -- The business context -- The international legal system -- The delictual analogy -- Deductions -- Exceptional circumstances giving rise to a violation of international law -- Later developments -- Choice of law.

Choice of jurisdictional forum -- The relationship between jurisdiction and the choice of the proper law of the contract -- Transnational law and breach of contract -- Conclusion -- The effect of referring alien--state contract claims to an international jurisdiction -- Part II Application of the rule -- 6 Incidence of the rule -- The direct injury -- The existence of the 'direct injury' exclusion -- The definition of 'direct injury' -- Jurisdictional connection -- The authorities -- The criterion of the location of the wrong -- 7 Scope of the rule -- The requirement of availability of remedies -- Ordinary and extraordinary remedies: the requirement of legal nature -- The rationale for the applicable principle in regard to the nature of remedies -- The requirement of adequate and effective remedies -- The concept of normal use -- The raising of substantive issues -- Persons obligated to observe the rule -- The need for a final decision -- 8 Limitations on the rule -- The unavailability and inaccessibility of remedies -- The ineffectiveness of remedies -- Undue delay -- Repetition of injury or likelihood of further damage -- Other possible exceptional circumstances -- Circumstances not limiting the operation of the rule -- 9 The rule as applied to the use of procedural resources -- Procedures that are obligatory under the local law -- Procedures that are not obligatory but discretionary under the local law -- Verification of the effectiveness of the remedy -- The time in respect of which the two principles must be applied -- Obstruction by the respondent state -- General conclusions -- 10 Waiver of the rule and estoppel -- Express waiver -- Implied waiver -- The optional clause -- Submission by states to international adjudication or arbitration -- The issue of arbitrability -- Non-inter-state arbitration agreements between states and private parties.

Failure to raise preliminary objection -- Request for a declaratory judgment -- Conciliation proceedings -- Waiver and investment treaties -- Article 9 Access to courts and tribunals -- Article 10 Settlement of investment disputes -- The principles of estoppel and good faith -- 11 Burden of proof -- General principles in customary international law -- Burden of proof in regard to the exhaustion of local remedies -- 12 Procedural matters connected with the rule -- The time for raising the objection based on the rule -- The time of decision on the objection based on the rule -- Joinder to the merits -- The time at which remedies must be exhausted -- Part III Peripheral and analogous applications of the rule -- 13 The rule and human rights protection -- The direct injury -- Jurisdictional connection -- Scope of the rule -- Availability and accessibility -- Ordinary and extraordinary remedies -- Effectiveness and adequacy -- Normal use -- Raising of substantive issues -- Need for a final decision -- Limitations on the rule -- Unavailability or inaccessibility of remedies -- Article 1 Obligation to Respect Rights -- Article 8 Right to a Fair Trial -- Article 24 Right to Equal Protection -- Inefficacy -- Undue delay -- Repetition of injury or likelihood of further damage -- Limitations applied in human rights protection -- The prevailing condition -- Legislative measures and administrative practices -- The continuing situation -- Some non-limiting circumstances -- Use of procedural resources -- Waiver -- Express waiver -- Implied waiver -- Estoppel and good faith -- The burden of proof -- The European Convention on Human Rights -- The American Convention on Human Rights -- The Human Rights Committee -- Matters connected with procedure -- The time at which remedies must be exhausted -- The time for raising the objection.

The time of decision on the objection -- Joinder to the merits -- The six-months rule -- 14 The rule and international organizations -- Claims by international organizations against states -- Claims against international organizations -- Claims by staff members against international organizations -- Part IV Nature of the rule -- 15 Nature of the rule -- The prevailing views in theory -- Theories explanatory of the rule -- Possible practical consequences of the different views of the nature of the rule -- The cause of action -- The time of incidence of international responsibility -- The manner in which the issue is treated internationally -- Waiver and estoppel -- Judicial and state practice -- Support for the substantive view -- Direct support for the procedural view -- The action taken by courts and judges -- Deductions -- The view of the rule in human rights protection -- Concluding observations -- Part V Epilogue -- 16 A concluding appraisal -- Balancing of interests -- The rule in human rights protection and its impact -- Relevance of theory -- Undue 'strictness' as a problem -- Analogous applications -- Index.