TL;DRAbstract
The doctrine of diplomatic protection has been accepted since the nineteenth century. It provides that an injury to an individual by a foreign state is actionable by that individual's state of nationality. Diplomatic protection, often referred to as a ‘fiction’, transposes wrongs against individuals into wrongs against their state of nationality. But there is also a body of practice in which individuals have been permitted access to international forums to bring a direct claim against a state, without the interposition of their state of nationality. This practice is often referred to as ‘mixed claims’.
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The doctrine of diplomatic protection has been accepted since the nineteenth century. It provides that an injury to an individual by a foreign state is actionable by that individual's state of nationality. Diplomatic protection, often referred to as a ‘fiction’, transposes wrongs against individuals into wrongs against their state of nationality. But there is also a body of practice in which individuals have been permitted access to international forums to bring a direct claim against a state, without the interposition of their state of nationality. This practice is often referred to as ‘mixed claims’.
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