International Law Keyed to Damrosche
Ahmadou Sadio Diallo (Guinea v. Democratic Republic of the Congo)
A state responsibility and diplomatic protection case was filed by Guinea (P) on behalf of Diallo, its national, against the D.R.C. (D) for the violation of Diallo’s rights, including his rights as a shareholder (associe) of two limited companies (SPRLs), which was incorporated in the D.R.C. (D)-Africom-Zaire and Africontainers-Zarie. Diallo was a manager (gerant) of these companies. Based on the fact that D.R.C’s (D) violated Diallo’s right as a shareholder rather than just on the companies’ rights, Guinea (P) claimed that its diplomatic protection claim was viable. And also based on the companies’ right, Guinea (P) contended that it could bring on a “theory of substitution”. All these allegations were contended by D.R.C (D) on the ground that Guinea (P) lacked standing to bring claims against them.
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