395. Exhaustion of local remedies.

As a general rule, a state may not take up the claim of one of its nationals against another state by way of diplomatic protection until such time as the injured person has exhausted all effective and available local remedies1. For these purposes, local remedies include all the legal remedies which are open to the injured person before the judicial or administrative courts or other bodies in the state alleged to have caused the injury2. Unless they constitute an essential prerequisite for the admissibility of subsequent contentious proceedings, administrative remedies are only relevant for the purposes of the local