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Diallo and the Draft Articles: The Application of the Draft Articles on Diplomatic Protection in the Ahmadou Sadio Diallo Case

Published online by Cambridge University Press:  15 December 2007

ANNEMARIEKE VERMEER-KÜNZLI
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Abstract

In the Diallo case, the ICJ was required to answer the question of whether the Republic of Guinea could exercise diplomatic protection not only on behalf of its national, Diallo, but also on behalf of two corporations which were incorporated in the Democratic Republic of the Congo but which were owned by a national of the Republic of Guinea. While the Court decided, in line with Barcelona Traction, that the exercise of diplomatic protection for violation of direct rights of shareholders was admissible, it did not accept the claim on behalf of the companies ‘by substitution’. In its reasoning it took a rather restrictive view of the existing exceptions to the rule that protection can only be exercised on behalf of nationals.

Keywords

Ahmadou Sadio Diallo casediplomatic protectionexhaustion of local remediesILC Draft Articles on Diplomatic ProtectionInternational Court of JusticePreliminary Objectionsprotection ‘by substitution’protection of shareholders
Type
"ESSAYS IN HONOUR OF JOHN DUGARD: THE PROTECTION OF THE INDIVIDUAL IN INTERNATIONAL LAW"
Information
Leiden Journal of International Law , Volume 20 , Issue 4 , December 2007 , pp. 941 - 954
Copyright
© 2007 Foundation of the Leiden Journal of International Law

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