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2 - Diplomatic Protection

from Part I - The Individual in the Law of the International Court of Justice

Published online by Cambridge University Press:  25 March 2025

Yusra Suedi
Affiliation:
University of Manchester
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Summary

This chapter argues that while great strides have been made to humanise the law of diplomatic protection, its practice in the courtroom is not in alignment with this as the protected individual does not participate in proceedings. It first dismantles the famous Mavrommatis fiction and argues that other conditions for diplomatic protection (such as nationality and the exhaustion of local remedies) and its features (such as state discretion and state responsibility) have been increasingly humanised to place emphasis on the individual. Second, it analyses the case law to show how the individual does not participate in proceedings at the Peace Palace. Finally, it provides suggestions to advocate for stronger procedural participation for the injured individual in cases of diplomatic protection at the ICJ.

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Publisher: Cambridge University Press
Print publication year: 2025

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  • Diplomatic Protection
  • Yusra Suedi, University of Manchester
  • Book: The Individual in the Law and Practice of the International Court of Justice
  • Online publication: 25 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781009394512.006
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  • Diplomatic Protection
  • Yusra Suedi, University of Manchester
  • Book: The Individual in the Law and Practice of the International Court of Justice
  • Online publication: 25 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781009394512.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Diplomatic Protection
  • Yusra Suedi, University of Manchester
  • Book: The Individual in the Law and Practice of the International Court of Justice
  • Online publication: 25 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781009394512.006
Available formats
×