Exam (elaborations)
LCP4807 PORTFOLIO MEMO - MAY/JUNE 2022 - SEMESTER 1
- Institution
- University Of South Africa (Unisa)
LCP4807 PORTFOLIO MEMO - MAY/JUNE 2022 - SEMESTER 1
[Show more]
Content preview
QUESTION 11.1 To what extent can international human rights law be invoked as part of
domestic legal systems and what is the role of the principle of state sovereignty
in this regard?
(15)
Introduction
The literal meaning of exhaustion of local remedies is the satisfaction by individuals of
a requirement to resort to all remedies that exist in a domestic forum. This requirement
is a prerequisite before submitting cases before international courts, commissions and
Treaty monitoring bodies including the Committee on the Rights of the Child.
Meaning of Exhaustion of Domestic Remedies
“The term “exhaustion of domestic remedies” refers to the general requirement that
victims first use the judicial or administrative complaint procedures available under
national law before bringing a complaint to the international level. It is a prerequisite
to submitting a complaint to most supranational human rights bodies, meaning those
bodies will reject a complaint if the complainant cannot show that he or she pursued
domestic remedies to their final conclusion.
The rationale for exhaustion of domestic remedies
The rationale behind the exhaustion of domestic remedies notion is to give the country
allegedly responsible for a human rights violation the opportunity to provide reparation
on its own. Further, national or domestic remedies are seen as being more effective,
accessible and result in faster resolution of disputes. Domestic remedies are
considered exhausted if all levels of national courts have been approached up to the
highest court in the country.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller LLBExampacksAndTutorials. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R499,99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
72042 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now