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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Diplomatic Protection

Freya Baetens

Subject(s):
Diplomatic protection

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. Under public international law, diplomatic protection is the exclusive prerogative of the state of nationality of an individual and its exercise is discretionary. The International Law Commission (‘ILC’) in its 2006 Draft Articles on Diplomatic Protection (‘ILC ADP’) defined ‘diplomatic protection’ as consisting of: [T]he invocation by a State, through diplomatic action or other means of peaceful settlement, of the responsibility of another State for an injury caused by an internationally wrongful act of that State to a natural or legal person that is a...
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