Diplomatic Protection
Chittharanjan F. Amerasinghe
This book offers an up-to-date juristic exposition and analysis of diplomatic protection as an institution of public international law. Diplomatic protection is primarily exercised by States towards their nationals, and exceptionally non-nationals, against violations of international law by other States, and is one of the oldest traditions of international law. The book starts with a history of the subject, and charts the development of diplomatic protection conceived as an institution of international law. It goes on to discuss the violations of international law which can trigger diplomatic ... More
This book offers an up-to-date juristic exposition and analysis of diplomatic protection as an institution of public international law. Diplomatic protection is primarily exercised by States towards their nationals, and exceptionally non-nationals, against violations of international law by other States, and is one of the oldest traditions of international law. The book starts with a history of the subject, and charts the development of diplomatic protection conceived as an institution of international law. It goes on to discuss the violations of international law which can trigger diplomatic protection, arrangements that are excluded from this type of protection, conflicts of interests underlying the principle and how these can be resolved, and the influence of human rights on the area. Subsequent chapters look at attempts to codify the law of diplomatic protection, and offer a critical examination of this in the light of modern policy considerations, and the recent work of the International Law Commission. The book concludes with an assessment of recent changes in the law and the importance of these from the point of view of the individual.
Keywords: diplomatic protection, International Law Commission, international relations, violations of international law
Published to Oxford Scholarship Online: January 2009 DOI:10.1093/acprof:oso/9780199212385.001.0001
Chittharanjan F. Amerasinghe, author
Member, Institut de Droit International; former Judge, UN Tribunal, New York. Awarded the Certificate of Merit of the American Society of International Law in 1989 for his two volume treatise The Law of the International Civil Service, (published by OUP). In making the award, ASIL described the book as 'a work of great distinction'.
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Table of Cases
Table of Abbreviations
2 History and Development of Diplomatic Protection
3 Diplomatic Protection in Context
4 The International Law Violated
5 Arrangements Excluded from the Concept of Diplomatic Protection
6 Codification of the Law of Diplomatic Protection
7 The Clash of Interests in Diplomatic Protection
8 The Human Rights Factor—The Claimed Obsolescence of Diplomatic Protection
9 A Duty to Protect?
10 The Relevance of Nationality
11 Exhausting Local Remedies
12 The Effect of a Calvo Clause
13 The 'Clean Hands' Doctrine
14 Attribution of Conduct as the Act of the State
15 Remedies
16 Influence of the Law of Human Rights Protection—Parallels
17 The Effect of Investment Treaties and of International Investment Law
18 Concluding Observations