Shovkrinskiy A.Y. Exhaustion of domestic remedies and laws governing the international organizations

Abstract: This article examines the issue of “exhaustion of domestic remedies” in disputes where the defendant is an international organization (and the plaintiff is most often an employee of this organization). The author believes that the term “exhaustion of domestic remedies” in disputes where the defendant is an international organization is more of a technical term, as these subjects of international law do not have the same mechanism as the countries. Nevertheless, the article reviews the question of resolving the disputes within specialized tribunals of international organizations. The author claims that if an international organization has acts that defi ne the competency and operating procedures of the administrative tribunals contain the norm requiring the exhaustion of all domestic remedies, then this must be executed by the plaintiff. On the other hand, if such obligation is not present, it seems that the plaintiff does not have to exercise any domestic remedies that are set in place within the international organizations, as the general international law does not impose such mandate.

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