Diplomatic protection is an instrument of international law employed by states to protect their nationals abroad and is inherently linked to the enforcement of international responsibility of other states for violations of their obligations towards foreign nationals. For a claim of diplomatic protection to be admissible, certain conditions must be met. In addition to the violation of international law, which must be attributable to the state against which the claim is made, the conditions of exhaustion of local remedies and nationality of claims must also be satisfied. On the basis of the latter the state of nationality of the affected individual is entitled to exercise diplomatic protection. In cases of individuals with dual nationality, the question arises as to which state that is. In claims against a third state, it is generally accepted, with a few exceptions, that any state of the individual's nationality can exercise diplomatic protection. However, when the affected individual is a citizen of the state against which the claim is made, a different approach is required. Since, according to classical theory, diplomatic protection is not possible in such cases, the theory of effective nationality has gradually emerged. According to this theory, diplomatic protection against the state of an individual's nationality is permissible if the state exercising it can prove that its nationality is effective, as confirmed by the practice of various international tribunals. The hypothesis of this master's thesis is: "In cases of individuals with dual nationality, the right to exercise diplomatic protection is granted to the state of the individual's effective nationality. This means that there is a genuine connection between the affected individual and that state, assessed based on various factors, particularly habitual residence, the center of the individual's interests and family ties."
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