КОНЦЕПЦИЯТА ЗА ИЗЧЕРПВАНЕ НА ВЪТРЕШНОПРАВНИТЕ СРЕДСТВА ЗА ЗАЩИТА – ПРОИЗХОД, ПРАВНА СЪЩНОСТ, ФУНКЦИЯ В МЕЖДУНАРОДНИЯ СЪДЕБЕН ПРОЦЕС

Abstract

The exhaustion of local remedies is the most important prerequisite for deciding by an international court of justice a human rights violation dispute. The concept of this exhaustion originates from a legal theory formulated by the Argentine diplomat Carlos Calvo which became known as “Calvo doctrine”. In its legal essence, the concept represents a legal obligation of a natural or a legal person whose rights are infringed by a particular State, as well as an obligation of a State representing the person, before recourse to an international court of justice, to seek from the existing judicial or administrative authorities in the respondent State to remedy the infringe provided that all, including highest, instances of these authorities are exhausted. The function of this concept in international judicial proceedings is that the exhaustion of local remedies is a precondition for admissibility for deciding by a court of justice of an application for violated human rights.