Chapter

Access to International Justice in Relation to the Interaction between International Law and Domestic Law

Antônio Augusto Cançado Trindade

in The Access of Individuals to International Justice

Published in print August 2011 | ISBN: 9780199580958
Published online January 2012 | e-ISBN: 9780191728785 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199580958.003.0005

Series: Collected Courses of the Academy of European Law

Access to International Justice in Relation to the Interaction between International Law and Domestic Law

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Well beyond the confines of the traditional and sterile polemics between monism and dualism, the interaction between international law and domestic law has been asserted in the protection of human rights. Human rights treaties themselves confer a relevant role to national tribunals. The application of the rule of exhaustion of local remedies, in the present domain of protection, bears witness of that interaction.Thus, in approaching the States' duty to provide effective local remedies and the individual's duty to have recourse to them, the emphasis lies on redress, on the realization of justice. Such is the rationale of the local remedies rule in human rights protection. State responsibility itself comes to be approached beyond the so-called subsidiarity of international proceedings.

Keywords: monism; dualism; interaction between international and domestic law; role of national tribunals; local remedies rule; redress; State responsibility

Chapter.  20942 words. 

Subjects: Human Rights and Immigration

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