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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