3. Špaček, Metod: Ahmadou Sadio Diallo Case: new trends in diplomatic protection?



This article deals with the recent ICJ preliminary objection judgment of May 2007 in the case Ahamdou Sadio Diallo (Guinea v. Democratic Republic of Congo). Main subject matter of this case is based on the application of norms of diplomatic protection. In fact, this case is the most recent „classic“ international legal litigation concerning the institute of diplomatic protection. Against the background of the Diallo case, the article tries to give an answer to the question, whether this judgment represents any new trends in diplomatic protection. 


The ICJ judgment on the preliminary objection focused on two important aspects of diplomatic protection – the exhaustion of local remedies rule and the diplomatic protection of shareholders in a corporation. The ICJ decided the preliminary objection questions in line with its previous decisions, namely judgment in Barcelona Traction case. It took rather traditional approach with regard to the possibility to exercise diplomatic protection of shareholders in a corporation. Thus, the present judgment does not represent significantly new trends in application of diplomatic protection, however, in the view of overall picture, it can be regarded as important stabilizing element of important concepts of diplomatic protection.