(a)
there are no reasonably available local remedies to provide effective redress, or the
local remedies provide no reasonable possibility of such redress;
(b)
there is undue delay in the remedial process which is attributable to the State alleged
to be responsible;
(c)
there was no relevant connection between the injured person and the State alleged to
be responsible at the date of injury;
(d)
(e)
exhausted.
the injured person is manifestly precluded from pursuing local remedies; or
the State alleged to be responsible has waived the requirement that local remedies be
PART FOUR
MISCELLANEOUS PROVISIONS
Article 16
Actions or procedures other than diplomatic protection
The rights of States, natural persons, legal persons or other entities to resort under
international law to actions or procedures other than diplomatic protection to secure redress for injury
suffered as a result of an internationally wrongful act, are not affected by the present draft articles.
Article 17
Special rules of international law
The present draft articles do not apply to the extent that they are inconsistent with special rules
of international law, such as treaty provisions for the protection of investments.
Article 18
Protection of ships’ crews
The right of the State of nationality of the members of the crew of a ship to exercise
diplomatic protection is not affected by the right of the State of nationality of a ship to seek redress on
behalf of such crew members, irrespective of their nationality, when they have been injured in
connection with an injury to the vessel resulting from an internationally wrongful act.
Article 19
Recommended practice
A State entitled to exercise diplomatic protection according to the present draft articles,
should:
(a)
give due consideration to the possibility of exercising diplomatic protection,
especially when a significant injury has occurred;
(b)
take into account, wherever feasible, the views of injured persons with regard to
resort to diplomatic protection and the reparation to be sought; and
(c)
transfer to the injured person any compensation obtained for the injury from the
responsible State subject to any reasonable deductions.
______________