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The Development of International Law by the International Court of Justice$
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Christian J. Tams and James Sloan

Print publication date: 2013

Print ISBN-13: 9780199653218

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199653218.001.0001

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Diplomatic Protection and the International Court of Justice

Diplomatic Protection and the International Court of Justice

Chapter:
(p.87) 6 Diplomatic Protection and the International Court of Justice
Source:
The Development of International Law by the International Court of Justice
Author(s):

Kate Parlett

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199653218.003.0006

This chapter begins by tracing the origins of the doctrine of diplomatic protection and it then provides a brief analysis of the jurisprudence of the ICJ's predecessor, the Permanent Court of International Justice. It then discusses the development of the law of diplomatic protection by the ICJ by reference to four general topics: the scope of the doctrine (and in particular the Vattelian fiction which gives rise to the rule that the state has a right, but not an obligation, to pursue diplomatic protection claims); the rule on nationality of claims; claims to vindicate injuries suffered by shareholders; and the broader question of interaction between the law of investment claims and the law on diplomatic protection.

Keywords:   diplomatic protection, Permanent Court of International Justice, international law, nationality of claims, investment claims, shareholders

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