The Second Death of Euripide Mavrommatis? Notes on the International Law Commission's Draft Articles on Diplomatic Protection

Abstract

AbstractIn 2006 the International Law Commission adopted a set of Draft Articles on Diplomatic Protection that represent a departure from the traditional “Mavrommatis Fiction” which had patterned the institution ever since the Permanent Court of International Justice rendered its judgment in the Mavrommatis Palestine Concessions case. These “Notes” on the ILC's Draft Articles on Diplomatic Protection describe in detail how that “fiction” functioned and how the ILC's efforts have been instrumental in bringing about its slow, but sure, abandonment.