Diplomatic Protection
PART ONE
GENERAL PROVISIONS
Article 1
Definition and scope
For the purposes of the present draft articles, diplomatic protection consists of the invocation
by a State, through diplomatic action or other means of peaceful settlement, 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 with a view to the implementation of such responsibility.
Article 2
Right to exercise diplomatic protection
A State has the right to exercise diplomatic protection in accordance with the present draft
articles.
PART TWO
NATIONALITY
CHAPTER I
GENERAL PRINCIPLES
Article 3
Protection by the State of nationality
1.
The State entitled to exercise diplomatic protection is the State of nationality.
2.
Notwithstanding paragraph 1, diplomatic protection may be exercised by a State in respect of
a person that is not its national in accordance with draft article 8.
CHAPTER II
NATURAL PERSONS
Article 4
State of nationality of a natural person
For the purposes of the diplomatic protection of a natural person, a State of nationality means
a State whose nationality that person has acquired, in accordance with the law of that State, by birth,
descent, naturalization, succession of States or in any other manner, not inconsistent with international
law.
Article 5
Continuous nationality of a natural person
1.
A State is entitled to exercise diplomatic protection in respect of a person who was a national
of that State continuously from the date of injury to the date of the official presentation of the claim.
Continuity is presumed if that nationality existed at both these dates.
2.
Notwithstanding paragraph 1, a State may exercise diplomatic protection in respect of a
person who is its national at the date of the official presentation of the claim but was not a national at
the date of injury, provided that the person had the nationality of a predecessor State or lost his or her
previous nationality and acquired, for a reason unrelated to the bringing of the claim, the nationality of
the former State in a manner not inconsistent with international law.