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- Diplomatic protection is a legal concept that requires certain conditions to be met1234. These conditions include:
- Nationality: A state can only extend diplomatic protection to its own nationals. In addition, nationality must be continuous1.
- Breach of international law: The injury suffered must be the result of a breach of international law by the host state1.
- Prior exhaustion of remedies: Before diplomatic protection can be exercised, the injured party must have exhausted all local remedies12.
- Injury caused by an internationally wrongful act: Diplomatic protection is invoked by a state to hold another state responsible for an injury caused by an internationally wrongful act of that state to a natural or legal person that is a national of the former state4.
Learn more:✕This summary was generated using AI based on multiple online sources. To view the original source information, use the "Learn more" links.Conditions for diplomatic protection
- Nationality A state can only extend diplomatic protection to its own nationals. There must be no doubt as to the nationality of the injured party. In addition, nationality must be continuous. ...
www.eda.admin.ch/eda/en/home/foreign-policy/inte…Customary international law recognises the existence of certain requirements that must be met before a state can validly espouse its national's interest. The two main requirements are exhaustion of local remedies and continuous nationality.en.wikipedia.org/wiki/Diplomatic_protectionThe diplomatic protection is available to individuals located in a foreign state which has obligations in different fields of life, including trade, sailing, commerce, and protection of human rights or property rights. These obliga-tions can derive from international treaties, customary international law or gen-eral principles of law.www.papersofbas.eu/images/2020/2020-1/Kovatch…According to the International Law Commission, diplomatic protection consists of the invocation by a State, through diplomatic action or other means of peaceful settlement, of the responsibility of another State for an injury caused by an internationally wrongful act of that State to a natural or legal person that is a national of the former State with a view to the implementation of such responsibility.academic.oup.com/book/12617/chapter/162525088 - People also ask
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In international law, diplomatic protection (or diplomatic espousal) is a means for a state to take diplomatic and other action against another state on behalf of its national whose rights and interests have been injured by that state. Diplomatic protection, which has been confirmed in different cases of the Permanent Court of International Justice and the International Court of Justice, is a discretionary right of a state and may take any form that is not prohibited by international l…
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