HI - Week XIV - lanjutan state res II

The exhaustion of local
remedies
• CIL  before international proceedings are taken,
remedies provided by the local state should have been
exhausted
• To enable the state to redress the wrong that has
occurred within its own legal order and reduce number of
international claims
• It does not apply where one state has been guilty of a
direct breach of international law causing immediate
injury to another state  diplomatic agents are assaulted
• Does apply where the state is complaining of injury to its
nationals  art. XI of the Convention on International
Liability for Damage caused by Space Objects 1972

The relevant standard of
treatment
• Developed states  International
minimum standard for the protection of
foreign nationals must be upheld
irrespective of how the state treats its own

nationals
• Developing states  National minimum
standard treat the alien as it does its
own natonals

The expropriation of foreign
property
• Nationalization is a legitimate measure to
adopt and not illegal under international
law