LCP4801 - International law latest exam
2023 guaranteed pass
Diplomatic protection - answer-A state has a right to protect its nationals abroad who
have been injured by the actions of the foreign state. The state may take up the case of
its subject by resorting to diplomatic action, or international judicial proceedings. The
cornerstone of this right is that an injury to a national is considered to be an injury to the
state (Panevyezys-Saldutiskis Railway Case). Therefore, under international law, the
right of diplomatic protection vests in the state. The state is not under any duty to
exercise its right. While the domestic laws of a state may impose such obligation,
international law does not.
The United Nations may exercise diplomatic protection over its agents and it may
institute an action on their behalf. - answer-True - This was confirmed by the ICJ in
Reparation for Injuries Suffered in the Service of the
United Nations 1949 ICJ Rep. By finding that the UN could in fact do both, the ICJ
recognised that it was a subject of international law enjoying international legal
personality
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