2.
A State is no longer entitled to exercise diplomatic protection in respect of a corporation that
acquires the nationality of the State against which the claim is brought after the presentation of the
claim.
3.
Notwithstanding paragraph 1, a State continues to be entitled to exercise diplomatic protection
in respect of a corporation which was its national at the date of injury and which, as the result of the
injury, has ceased to exist according to the law of the State of incorporation.
Article 11
Protection of shareholders
A State of nationality of shareholders in a corporation shall not be entitled to exercise
diplomatic protection in respect of such shareholders in the case of an injury to the corporation unless:
(a)
the corporation has ceased to exist according to the law of the State of incorporation
for a reason unrelated to the injury; or
(b)
the corporation had, at the date of injury, the nationality of the State alleged to be
responsible for causing the injury, and incorporation in that State was required by it as a precondition
for doing business there.
Article 12
Direct injury to shareholders
To the extent that an internationally wrongful act of a State causes direct injury to the rights of
shareholders as such, as distinct from those of the corporation itself, the State of nationality of any such
shareholders is entitled to exercise diplomatic protection in respect of its nationals.
Article 13
Other legal persons
The principles contained in this chapter shall be applicable, as appropriate, to the diplomatic
protection of legal persons other than corporations.
PART THREE
LOCAL REMEDIES
Article 14
Exhaustion of local remedies
1.
A State may not present an international claim in respect of an injury to a national or other
person referred to in draft article 8 before the injured person has, subject to draft article 15, exhausted
all local remedies.
2.
“Local remedies” means legal remedies which are open to an injured person before the
judicial or administrative courts or bodies, whether ordinary or special, of the State alleged to be
responsible for causing the injury.
3.
Local remedies shall be exhausted where an international claim, or request for a declaratory
judgement related to the claim, is brought preponderantly on the basis of an injury to a national or other
person referred to in draft article 8.
Article 15
Exceptions to the local remedies rule
Local remedies do not need to be exhausted where: