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NTERNATIONAL law has not so far developed a generally accepted theory to explain the nature of "diplomatic protection." Yet in the postwar era this phrase will be employed to an extent unknown before the war to define the action taken by state against state to secure redress of alleged wrongs done individuals or corporations. Although many of these claims will be settled by mutual agreement of the respective foreign offices, in many cases the issues will be submitted to an international body of arbitration or adjudication. Such litigation may become the most important aspect of postwar "diplomatic protection." The term itself is not very felicitous since it does not describe an essential or characteristic feature of the institution,' The unique character of this international litigation does not lie in the employment of diplomatic measures. Its peculiarity is based on the fact that the claim of a private person, normally without judicial standing as against a foreign state, is espoused by a state and thus converted into a government claim which will be heard by the appropriate international tribunal. An historical analogy may be suggested. It appears that "interposition," in the sense just referred to, is similar to the representation of the serf by his lord under feudal law.3 This feudal representation grew out of the fact that the serf, devoid of a standing in the barons' courts, would have been a defenseless victim of aggression by any other lord but for the championship of his own lord. Similarly, the private person today, unrecognized by international courts or arbitration bodies, would be without legal protection against an

Government Espousal of Private Claims before International Tribunals