Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-m8s7h Total loading time: 0 Render date: 2024-07-16T17:50:32.129Z Has data issue: false hasContentIssue false

5 - Contracts, violation of international law, denial of justice and the rule

from Part I - Prolegomena

Published online by Cambridge University Press:  03 May 2010

Get access

Summary

As will be apparent from the discussion in previous chapters, the rule of local remedies applies, when there is an initial violation of international law by a state in respect of an alien. In connection with the incidence of the initial international legal wrong, with respect to which local remedies must be exhausted, it is necessary to consider contractual relationships. As pointed out in Chapter 4, wrongs committed by private persons against aliens are not as such wrongs which constitute violations of international law. By the same token, breaches of contracts with aliens by private persons do not constitute such violations. Contractual relations between aliens and other private persons, whether national or legal, are entirely in the realm of national juridical relations, while they may involve the application of private international law. Hence, breaches of entirely private contracts by private persons are only breaches of national law, though the application of international private law may take place. For such breaches to have an impact on international law, there must, therefore, be some denial of justice, actual or putative, by the judicial organs of the state concerned which would be the required initial violation of international law in respect of which the rule of local remedies would consequently become applicable in all its facets.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2004

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×