PUBLIC LAW II:
Public International
Law
Prof. Dr. Gleider Hernández
Professor of Public International
Law Institute for
International Law Faculty of
Law, KU Leuven
2019-2020
,Structure of lecture
• Legal interest as a pre-requisite to admissibility
• Bases of diplomatic protection
• Rules on nationality
• Admissibility of claims concerning a plurality
of States
• Rule on exhaustion of local remedies
• Rules on the treatment of aliens
2
, Bases for diplomatic
protection
• Nationality is the basis for legal interest due to the
Vattelian fiction: ‘an injury to the national is an
injury to the State’
• Mavrommatis, PCIJ, 1924, at p. 12:
By taking up the case of one of its subjects and by
resorting to diplomatic protection or international
judicial proceedings on his behalf, a State is in reality
asserting its own rights—rights to ensure, in the person
of its subjects, respect for the rules of international
law’.
3
Public International
Law
Prof. Dr. Gleider Hernández
Professor of Public International
Law Institute for
International Law Faculty of
Law, KU Leuven
2019-2020
,Structure of lecture
• Legal interest as a pre-requisite to admissibility
• Bases of diplomatic protection
• Rules on nationality
• Admissibility of claims concerning a plurality
of States
• Rule on exhaustion of local remedies
• Rules on the treatment of aliens
2
, Bases for diplomatic
protection
• Nationality is the basis for legal interest due to the
Vattelian fiction: ‘an injury to the national is an
injury to the State’
• Mavrommatis, PCIJ, 1924, at p. 12:
By taking up the case of one of its subjects and by
resorting to diplomatic protection or international
judicial proceedings on his behalf, a State is in reality
asserting its own rights—rights to ensure, in the person
of its subjects, respect for the rules of international
law’.
3
