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Exhaustion of Local Remedies in International Investment Law
This report by the International Institute for Sustainable Development (IISD) examines the rule of exhaustion of local remedies (ELR) in international investment law. It analyzes how the customary international law requirement—that individuals seek redress in domestic courts before initiating international proceedings—has been largely dispensed with in investment treaties, while recently being reintroduced by several states to protect domestic sovereignty. The document reviews treaty practices, case law from ICSID and other tribunals, and provides policy recommendations for states negotiating investment agreements.
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Document type: Report