Chapter 11: Diplomatic protection

A video tutorial from author Gleider Hernández introducing the topics in chapter 11 of International Law

Key points for reflection:

  • Basic principle: Nationality is the basis for legal interest due to the Vattelian fiction: ‘an injury to the national is an injury to the State’—Mavrommatis Palestine Concessions, PCIJ
  • Legal interest of a State as a prerequisite to admissibility
  • Basic principle: only claimants with a demonstrable interest may bring an action in respect of a wrong (South West Africa)
  • Exceptions where a plurality of States may be concerned:
    • Obligations erga omnes partes (ICJ 2012 and 2013 cases)
    • Violation of jus cogens norm?
  • Precondition: local remedies must be exhausted
    • Only applicable when interest is preponderantly of a national and not of the State itself
  • Diplomatic protection as giving rise to basic obligations on the treatment of aliens