General Considerations Regarding Diplomatic Protection

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National Western European Social Sciences Congress
1st National West European Social Sciences Congress
General Considerations Regarding Diplomatic Protection

General Considerations Regarding Diplomatic Protection

Authors : Mihaela POP

Pages : 1-1

View : 98 | Download : 20

Publication Date : 2025-04-20

Abstract :Diplomatic protection is a legal remedy utilized by states to protect their nationals when those nationals are wronged by foreign states. Although it has long been considered a fundamental aspect of state sovereignty, diplomatic protection has also come under criticism because current practices afford states the right to pursue often unreviewable claims, often to the detriment of an injured individual’s access to justice. On the other hand, it is also a mechanism through which states can act to protect their nationals in many different circumstances, not least when those nationals are the victims of human rights abuses committed by states. It can also help build the rule of law within states because broader principles of international law become more pertinent when a state is accused of failing to protect its nationals properly. State practice indicates that diplomatic protection is available in a range of circumstances. As traditionally understood, there are six rights capable of diplomatic protection: the right to life, liberty, property, association and residence or establishment, and the right to leave and enter one’s own state. Although the rights are phrased largely in Western terms, it should be noted that they are sufficiently broad to cover most human rights abuses. In addition, there is nothing in the sources to indicate that the list of rights is intended to be exhaustive. There are indications that diplomats have taken up a wide range of issues on behalf of their nationals, including accusations of police brutality, sexual orientation discrimination, the right to a fair trial, the right to property, and asylum cases. This added to the general statements made in the diplomatic law manuals indicates that the rights were seen as a minimum only.
Keywords : Diplomatic Protection, Human Rights, İnternational Law, State Sovereignty, Justice

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