Diplomatic Protection — KSLU Pil Notes

Diplomatic Protection

Diplomatic protection = a State’s right to espouse the claim of its national against another State for an internationally wrongful act.

Conditions (Mavrommatis Rule):

1. The injured person must be a national of the protecting State
2. Local remedies must be exhausted first (unless futile or unavailable)
3. Nationality must be continuous from the time of injury to the date of claim

Nottebohm Case (ICJ, 1955): Liechtenstein could not espouse Nottebohm’s claim against Guatemala because he had no genuine link (effective nationality) with Liechtenstein — he naturalised only to avoid war service.