Diplomatic Protection

Question 1

what is needed to exert diplomatic protection?

Answer 1

1. Wrongful Act
2. Attribution
3. Prove nationality (Art 4)
4. Exhaustion of local remedies

Question 2

Explain legal extent of how nationality is gained

Answer 2

Article 4 ILC articles on diplomatic protection

• a person who has gained nationality in accordance to the law of that state

Question 3

Does a state have to take up a claim?

Answer 3

ICJ 79
- entirely up to a state whether to take up a claim by an individual because the individual has no remedy, and it is protecting the rights of the states.

Question 4

What is the recommended practise of States?

Answer 4

Article 19 ILC articles on diplomatic protection

• give consideration to claims and individuals
• give compensation back to individuals

political concerns might prevent the exercise of diplomatic protection.

Question 5

What happens when all the criteria for diplomatic protection has been met?

Answer 5

Article 14 ILC articles on diplomatic protection

• if criteria has so far been met then individuals must exhaust all local remedies.
• can be done through local courts in the state where injury occurred

(this avoids cluttering up too many diplomatic channels)

Question 6

What is the exceptions to the exhaustion of local remedies?

Answer 6

Article 15 ILC articles on diplomatic protection

Exception to the exhaustion of local remedies
- undue delay
- no relevant connection
then it may be brought forward as an international claim

Question 7

What is the impact of dual nationality

Answer 7

Article 7 ILC articles on diplomatic protection

• predominant nationality can be applied when most beneficial (closest ties to a state)

Article 6 ILC articles on diplomatic protection

• dual nationality can be use by both/one state to exercise diplomatic protection on THIRD STATES.

Question 8

Explain the Nottabohm case

Answer 8

1. acquired legal citizenship from Lichtenstein and denounced his German.
2. Guatemala did not recognise this
3. Nottabohm wasn’t able to receive any help from Lichtenstein when his assets were sized as there was no genuine link.

However, the ILC later confirmed that there doesn’t need to be any genuine link to a country other than citizenship.