The principle that DIPLOMATIC PROTECTION (espousal of claims by a State on behalf of its nationals) is a RIGHT OF THE STATE, not of the individual, was famously articulated in:
Answer & Solution
Correct answer: C.
1. In Mavrommatis Palestine Concessions, the Permanent Court of International Justice (1924) articulated the foundational principle of DIPLOMATIC PROTECTION:
2. 'By taking up the case of one of its subjects and by resorting to diplomatic action or international judicial proceedings on his behalf, a State is in reality asserting its own rights — its right to ensure, in the person of its subjects, respect for the rules of international law.'
3. The ILC adopted Draft Articles on Diplomatic Protection in 2006, codifying state responsibility, nationality of claims, etc.
4. Article 1 ILC Draft Articles: diplomatic protection is the invocation by a State, through diplomatic action or peaceful means, 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 national of the former State.
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / Geneva Conventions 1949 / ICJ Statute / UDHR ICCPR ICESCR — Mavrommatis Palestine Concessions (Greece v. UK), 1924 PCIJ Series A No 2_
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