n Stellenbosch Law Review = Stellenbosch Regstydskrif - The right to diplomatic protection, the decision, and one big can of worms : eroding the clarity of

Volume 20, Issue 1
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



[2008] JOL 22219 (T) contains certain significant findings regarding the right to diplomatic protection and, more generally, the discretion of states in the conduct of foreign affairs. Although the court relied extensively on 2005 4 SA 235 (CC), it reaches conclusions and gives an order that are apparently at odds with that judgement. This paper seeks to explore this paradox.

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