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This book offers a 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 includes a history of the subject, and charts the development of diplomatic protection conceived as an institution of international law. It discusses the violations of international law which can trigger diplomatic protection, arrangements which are excluded from this type of protection, conflicts of interests, and the influence of human rights on the area.The author then attempts to codify the law of diplomatic protection, and offers a critical examination of this in the light of modern policy considerations, and the recent work of the International Law Commission. Recent changes in the law and the importance of these from the point of view of the individual are assessed as well.
This work investigates the legal framework and historical evolution of diplomatic protection as a foundational mechanism within public international law. Chittharanjan F. Amerasinghe, a recognized authority in international legal studies, utilizes a combination of historical analysis and contemporary policy review to define the scope of state-led protection for nationals. The text evaluates the intersection of traditional state sovereignty with modern human rights standards, providing a structured argument for the codification of these practices.
What You Will Find
Legal scholars and practitioners frequently cite this monograph as a definitive resource for understanding the complexities of state responsibility. Experts highlight the text's academic rigor and its utility in navigating the evolving relationship between national sovereignty and international human rights obligations.
Page Count:
300
Publication Date:
2008-04-21
Publisher:
Oxford University Press
ISBN-10:
0199212384
ISBN-13:
9780199212385
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