Classical diplomatic protection has historically ignored the individual as a subject of public international law. This legal fiction, allowing the state to make a claim in the person of its nationals, replaces the individual’s right to claim remedies or indemnities for damage sustained as a result of human rights violations. Diplomatic protection could and should be redefined so as to incorporate the protection of individual rights. This complementary approach, recognizing the interdependence of individual and state rights, is already underway in the case law of the International Court of Justice and the work of the International Law Commission.
Harvard International Law Journal
The oldest and most-cited student-edited journal of international law, the Harvard International Law Journal covers a wide variety of topics in public and private international law.