THE INJURED INDIVIDUAL’S RIGHT TO COMPENSATION IN THE LAW ON DIPLOMATIC PROTECTION

This paper discusses the right of individuals to receive compensation for injuries suffered in consequence of an internationally wrongful act. Analysing recent practice, it argues that the duty of States to provide compensation to individuals has developed with the progressive recognition of diplomatic protection as a procedural instrument to vindicate violations of rights pertaining to individuals. According to the paper, State discretion to act in protection of its nationals does not exclude that, once the State chooses to exercise diplomatic protection, the protection is exercised on behalf of the individuals. Therefore, the State cannot waive a claim without the express or tacit acceptance of the injured individuals. Individuals who have not benefited from any settlement can always claim compensation by taking advantage of all procedural opportunities available at the current stage of development of international law.