UN GENERAL ASSEMBLY RESOLUTION A/RES/62/67
NO CONVENTION ENVISAGED
In force: not applicable
PART ONE GENERAL PROVISIONS 101
Article 1 Definition and scope 101
Article 2 Right to exercise diplomatic protection 102
PART TWO NATIONALITY 102
CHAPTER I GENERAL PRINCIPLES 102
Article 3 Protection by the State of nationality 102
CHAPTER II NATURAL PERSONS 102
Article 4 State of nationality of a natural person 102
Article 5 Continuous nationality of a natural person 102
Article 6 Multiple nationality and claim against a third State 103
Article 7 Multiple nationality and claim against a State of nationality 103
Article 8 Stateless persons and refugees 103
CHAPTER III LEGAL PERSONS 103
Article 9 State of nationality of a corporation 103
Article 10 Continuous nationality of a corporation 103
Article 11 Protection of shareholders 104
Article 12 Direct injury to shareholders 104
Article 13 Other legal persons 104
PART THREE LOCAL REMEDIES 104
Article 14 Exhaustion of local remedies 104
Article 15 Exceptions to the local remedies rule 104
PART FOUR MISCELLANEOUS PROVISIONS 105
Article 16 Actions or procedures other than diplomatic protection 105
Article 17 Special rules of international law 105
Article 18 Protection of ships’ crews 105
Article 19 Recommended practice 105
PART ONE GENERAL PROVISIONS
Article 1 Definition and scope
For the purposes of the present draft articles, diplomatic protection consists of the invocation by a State, through diplomatic action or other means of peaceful settlement, of the responsibility of another State for an injury caused by an internationally wrongful act of that State to a natural or legal person that is a national of the former State with a view to the implementation of such responsibility.
Article 2 Right to exercise diplomatic protection
A State has the right to exercise diplomatic protection in accordance with the present draft articles.
PART TWO NATIONALITY
Chapter I General Principles
Article 3 Protection by the State of nationality
1. The State entitled to exercise diplomatic protection is the State of nationality.
2. Notwithstanding paragraph 1, diplomatic protection may be exercised by a State in respect of a person that is not its national in accordance with draft article 8.
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