Key words:

Emmerich de Vattel, Vattelian fiction, Mavrommatis case, the ICSID Convention, draft articles on diplomatic protection, TFEU, TEC, Amsterdam Treaty, Lisbon Treaty, genuine link

Abstract:

The aim of the article is to analyse the possibility of exercising diplomatic protection in a way foreseen by Article 23 of the Treaty on the Functioning of the European Union in particular from the international law perspective. The article is divided into two parts, an introduction and conclusion. The two major parts focus on the concept of diplomatic protection and on the compatibility of Article 23 of the Treaty on the Functioning of the European Union with international rules on diplomatic protection. The ambition is to either support or refute the idea of the possibility of exercising diplomatic protection in the manner and under the conditions specified in Article 23 of the Treaty on the Functioning of the European Union.