نوع مقاله : پژوهشی
نویسندگان
1 دانشیار گروه حقوق بین الملل، دانشکده حقوق، دانشگاه قم ، قم ، ایران
2 گروه حقوق بین الملل، دانشکده حقوق، دانشگاه قم، قم، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
One of the not contemporary but very important issues in international law is the protection of nationals. Of course, this kind of protection is accepted by the respective State only when the injured person has already exhausted all legal methods of remedies (administrative and judicial) in the internal authorities of the defendant State. This rule, as a prerequisite for filing a lawsuit in international courts or tribunals, gives the host State the opportunity to investigate the alleged violation and remedy. The main question is how does the International Court of Justice face with preliminary objections and claims of non-fulfillment of the exhaustion of local remedy rule in the cases brought before the Court? Therefore, this article, with descriptive-analytical method and using library sources, explains and implements of access to justice and the exhaustion of local remedy rule in international disputes, including the judgment of March 30, 2023 regarding the case concerning Certain Iranian Assets. The main finding in this article is that, in the judgment, Court, by going past its previous factors and relying on the criterion of the effectiveness of remedies, the objection of the United States that Iran did not comply with the rule has rejected.
کلیدواژهها [English]
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