CEVAP:

Admissibility of a claim based on ‘diplomatic protection’ requires compliance with the rules concerning the nationality of claims, and the exhaustion of local remedies available under the law of the delinquent State by the victim. When an injury is suffered by its national, the state of nationality of the victim has the right to bring a claim before the court. The responsibility of a state may not be invoked if the claim is not brought in accordance with any applicable rule related to the nationality of claims. By resorting to diplomatic action or international judicial proceedings on behalf of its national, a state in reality is asserting its own right to ensure respect for the rules of international law. It is an established rule of international law that before diplomatic protection is afforded or before recourse may be made to international arbitral or judicial processes, local remedies must be exhausted. The obligation to exhaust local remedies relates only to legal remedies and would exclude remedies that are discretionary. Local remedies must be exhausted to the fullest extent, including the appeal procedure provided in local law. However, only effective remedies which could affect the final outcome of the case need be exhausted.