The right to diplomatic protection, the Von Abo decision, and one big can of worms : eroding the clarity of Kaunda

Tladi, Dire (2009-02)

CITATION: Tladi, D. 2009. The right to diplomatic protection, the Von Abo decision, and one big can of worms : eroding the clarity of Kaunda. Stellenbosch Law Review = Stellenbosch Regstydskrif 20(1):14-30.

The original publication is available at https://journals.co.za/content/journal/ju_slr

Article

Von Abo v Government of the RSA [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 Kaunda v the President of the RSA 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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