378. Discretion of the executive as to whether and how to exercise diplomatic protection.

As a consequence of the classical understanding of diplomatic protection as constituting the assertion by a state of an infringement of its own right1, as a matter of international law the national state of an individual may exercise diplomatic protection by whatever means and to whatever extent it thinks fit, and should the natural or legal person on whose behalf the state is acting consider that his or its rights are not adequately protected, he or it has no remedy in international law2. As a matter of international law, the state is the sole judge of whether its protection