380. Conditions for the exercise of diplomatic protection.

In light of the fact that diplomatic protection constitutes a specific form of state responsibility, before presenting an international claim by way of diplomatic protection based upon another state's responsibility in respect of treatment of individuals, it is generally necessary for the government of the injured state to consider the following questions:

  1.  

    (1)     whether the claim complies with the applicable rules relating to the nationality of claims1;

  2.  

    (2)     whether the rule which requires any available and effective local remedies to be exhausted is applicable to the claim and, if so, whether any relevant remedies have in fact been exhausted2;