Book contents
- The Individual in the Law and Practice of the International Court of Justice
- Cambridge Studies in International and Comparative Law: 192
- The Individual in the Law and Practice of the International Court of Justice
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Table of Cases
- Introduction
- Part I The Individual in the Law of the International Court of Justice
- 1 Standing
- 2 Diplomatic Protection
- 3 Advisory Proceedings
- 4 Staff Members
- 5 Remarks on Law
- Part II The Individual in the Practice of the International Court of Justice
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
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
- The Individual in the Law and Practice of the International Court of Justice
- Cambridge Studies in International and Comparative Law: 192
- The Individual in the Law and Practice of the International Court of Justice
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Table of Cases
- Introduction
- Part I The Individual in the Law of the International Court of Justice
- 1 Standing
- 2 Diplomatic Protection
- 3 Advisory Proceedings
- 4 Staff Members
- 5 Remarks on Law
- Part II The Individual in the Practice of the International Court of Justice
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
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 PressPrint publication year: 2025