Diplomatic Protection

Hardcover | February 1, 2008

byChittharanjan F. Amerasinghe

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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 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 which are excluded from this type ofprotection, 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 policyconsiderations, and the recent work of the Int 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.

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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 inter...

Dr Amerasinghe started his professional career in academia at Cabridge University, Trinity Hall and then at the University of Ceylon where he latterly held a full Professorship of law. Later he joined the World Bank as a international lawyer and ended his 26yr career there as Registrar of the World Bank Tribunal. He was a judge at the...

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Format:HardcoverDimensions:300 pages, 9.21 × 6.14 × 1.02 inPublished:February 1, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199212384

ISBN - 13:9780199212385

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Table of Contents

1. Introduction2. History and Development of Diplomatic Protection3. Essentials of Diplomatic Protection4. The International Law Violated5. Arrangements Excluded from the Concept of Diplomatic Protection6. Codification of the Law of Diplomatic Protection7. The Basic Interests Underlying Diplomatic Protection8. The Human Rights Factor - Claimed Obsolescence of Diplomatic Protection9. A Duty to Protect10. Relevance of Nationality11. Exhausting Local Remedies12. Effect of a Calvo Clause13. The Clean Hands Doctrine14. Influence of the Law of Human Rights Protection15. Effect of Investment Treaties16. Attribution as the Act of the Respondent State17. Remedies18. Concluding Remarks