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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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Conditions for diplomatic protection
- 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. The person concerned must be a national at the time of the injury and at the time the complaint is lodged. Multiple nationality can be an obstacle to diplomatic protectio...
Diplomatic protection - Wikipedia
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…
Wikipedia · Text under CC-BY-SA license- Estimated Reading Time: 6 mins
Oxford Public International Law: Diplomatic Protection
WEBDiplomatic protection is the procedure employed by the State of nationality of the injured person to secure protection of that person, and to obtain reparation for the internationally …
Diplomatic Protection (Article 27) - The ICSID Convention
WEBDiplomatic protection depends on a number of conditions. The individual's or corporation's nationality of the protecting State must be established. This bond of nationality must …
Diplomatic Protection - International Law - Oxford Bibliographies
WEBMar 23, 2012 · Diplomatic protection is one of the traditional concepts of classical international law that has developed over the centuries. It denotes the process by which …
WEBDiplomatic protection is traditionally a mechanism designed to secure reparation for injury to the national of a State premised largely on the principle that an injury to a national is …
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WEBThe 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 …
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Diplomatic Protection | Oxford Academic
WEBFeb 7, 2008 · Diplomatic protection is primarily exercised by States towards their nationals, and exceptionally non-nationals, against violations of international law by …
The International Court of Justice and Diplomatic Protection
WEBApr 16, 2019 · This chapter deals with the legal consequences for States of the recent decisions by the International Court of Justice involving individual rights. It also puts …
DIPLOMATIC PROTECTION - ScienceDirect
WEBJan 1, 1987 · In accordance with prevalent practice and opinion, diplomatic protection is to be understood as the protection given by a subject of international law to individuals, …
WEBRESPONSIBILITY ERGA OMNES. ANNEMARIEKE VERMEER-KONZLI* Abstract International law recognizes two mechanisms for the protection of individuals in case of …
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WEB1 day ago · Broadly speaking, recognizing a state means declaring that it meets the conditions of statehood under international law. It typically opens a path to setting up …
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H. Rept. 118-508 - ROLLING STOCK PROTECTION ACT
WEB118th Congress } { Report HOUSE OF REPRESENTATIVES 2d Session } { 118-508 ===== ROLLING STOCK PROTECTION ACT _____ May 14, 2024.--Committed to the …
As If: The Legal Fiction in Diplomatic Protection
WEBFeb 1, 2007 · Diplomatic protection is premised on a fiction: injury to an individual is treated as if it constituted injury to the individual's national state, entitling the national …
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WEBThe general rule is that a person, whether natural or juridical, must have the nationality of the State claiming injury at the time at which the injury is inflicted, in order that there may …
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WEB4 days ago · The agreement between Niger's defence ministry and the U.S. Department of Defence, reached after a five-day meeting, guarantees the protection of U.S. troops …
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WEB2 days ago · conditions. Specifically, the Commission may take actions ‘‘against any foreign carrier that is a contributing cause, or whose government is a contributing cause, …
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