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So far, so fair: the local remedies rule in the jurisprudence of the African commission on Human and Peoples' Rights

Article Abstract:

The African Commission on Human and Peoples' Rights has adopted the local remedies rule, which states that in-state remedies must be exhausted by a complaintant before a matter can be brought to an international body. The Commissions' application of the rule has so far been fair to complaintants and states. However, the Commission should not be afraid to change its interpretation of the rule in order to provide better protection for human rights in Africa.

Author: Udombana, Nsongurua J.
Publisher: American Society of International Law
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 2003
Remedies (Law), African Union. Commission on Human and Peoples' Rights

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European Convention on Human Rights - NATO military operation in Kosovo - notion of "jurisdiction" under Article 1 - conditions for extraterritorial applicability of the Convention

Article Abstract:

In the case of Bankovic v. Belgium, the European Court of Human Rights declared inadmissable a suit against 17 European countries by relatives of persons killed in the NATO bombing of Yugoslavia. The court ruled that Article 1 of the European Convention on human rights could not be interpreted to bring the plaintiffs within the jurisdiction of the signatories.

Author: Ruth, Alexandra, Trilsch, Mirja
Publisher: American Society of International Law
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 2003
Exterritoriality, Extraterritoriality

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Susidiarity as a structural principle of international human rights law

Article Abstract:

Subsidiarity, the principle that social and political groups should help smaller, local groups, should be a principle of international human rights law. This would help preserve cultural diversity in the face of the uniformity for which international law strives.

Author: Carozza, Paolo G.
Publisher: American Society of International Law
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 2003
Government domestic functions, Social policy, European Union, Subsidiarity

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Subjects list: Laws, regulations and rules, Government regulation, Human rights, Jurisdiction (International law)
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