Diplomatic Protection

Diplomatic Protection

Draft Articles on Diplomatic Protection in 2013

United States views on international law [1] in relation to Draft Articles on Diplomatic Protection: On October 21, 2013, Steven Hill, Deputy Legal Adviser for the U.S. Mission to the UN, delivered remarks at the UN General Assembly Sixth Committee meeting on diplomatic protection. Mr. Hill referred to the 2007 submission by the United States on the draft articles on diplomatic protection prepared by the International Law Commission, which is discussed in this world legal encyclopedia (in relation to issues that took place in the year 2007) at 415-21. That submission and the U.S. statement in 2013 convey the U.S. view that the General Assembly should take no further action on the draft articles. Mr. Hill’s remarks, available at (link resource) usun.state.gov/briefing/statements/215748.htm, include the following:

We agree with the many written comments received from States that, where the draft articles reflect the large body of State practice in this area, they represent a major contribution to the law of diplomatic protection, and are thus valuable to States in their present form. However, we also share the concerns expressed that a limited number of articles are inconsistent with well-settled customary international law. For additional details, I would refer delegations to the statement delivered by the United States on October 19, 2007, as reported in document A/C.6/62/SR.10.

Much like the draft articles on State responsibility, we are concerned that the process of negotiating a convention would risk undermining the substantial contributions already achieved by the draft articles. We believe, therefore, that the better course is to allow the draft articles some time to inform, influence, and settle State practice in this area.

Diplomatic Protection of foreign nationals

Embracing mainstream international law, this section on diplomatic protection explores the context, history and effect of the area of the law covered here.

“According to the traditional conception of diplomatic protection, a claim by a State against another State on account of an injury to one of its nationals has as its basis the injury which the claimant State has suffered through its national. As a corollary to this construction, the principle has long been accepted that a State may not normally grant protection to nonnationals. Nevertheless, State practice has in the past occasionally conceded that under certain circumstances exceptions may be desirable. The Permanent Court of International Justice (PCIJ) apparently considered, in a dictum in the Panevezys–Saldutiskis Railway Case, that such exceptions require a treaty. A less strict position was adopted by the International Court of Justice (ICJ) in the case concerning Reparation for Injuries Suffered in Service of UN in which the Court referred to important exceptions to the nationality rule. This view is also reflected in the position adopted in 1965 by the Institut de Droit International.” (2)

Resources

Further Reading

  • The entry “diplomatic protection” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

Resources

Notes

  1. Draft Articles on Diplomatic Protection in the Digest of United States Practice in International Law
  2. Encyclopedia of Disputes Installment, 1987

Hierarchical Display of Diplomatic protection

International Relations > International affairs > International affairs > Diplomatic relations
Law > International law > Public international law > Territorial law > Extra-territoriality
European Union > European construction > Deepening of the European Union > Citizens\’ Europe > European citizenship

Diplomatic protection

Concept of Diplomatic protection

See the dictionary definition of Diplomatic protection.

Characteristics of Diplomatic protection

[rtbs name=”xxx-xxx”]

Resources

Translation of Diplomatic protection

Thesaurus of Diplomatic protection

International Relations > International affairs > International affairs > Diplomatic relations > Diplomatic protection
Law > International law > Public international law > Territorial law > Extra-territoriality > Diplomatic protection
European Union > European construction > Deepening of the European Union > Citizens\’ Europe > European citizenship > Diplomatic protection

See also

  • Consular protection