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Diplomatic Protection

Diplomatic Protection

Author: Chittharanjan Amerasinghe
Publisher: Oxford University Press
ISBN: 9780199212385
Published In: February 2008
Format: Hardback , 378 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Offers a completely up-to-date juristic exposition and analysis of diplomatic protection as an institution of public international law.
Analyses exceptional cases of States extending diplomatic protection to non-nationals
Looks forward to the future of diplomatic protection and assesses calls for its modernisation, including the recent International Law Commission report

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 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 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.

Readership: Academics, scholars, and advanced students of public international law, diplomatic law, foreign relations, and international relations.

1: Prologue
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 - Claimed Obsolescence of Diplomatic Protection
9: A Duty to Protect?
10: Relevance of Nationality
11: Exhausting Local Remedies
12: 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: Effect of Investment Treaties and of International Investment Law
18: Concluding Observations

Chittharanjan F. Amerasinghe, Member, Institute de Droit International; former Judge, UN Tribunal, New York. Chittharanjan F. Amerasinghe was 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.'

"The book reads as an authoritative work of reference and a brilliant companion to ILC's work on the subject of diplomatic protection. And despite its richly annotated nature and forthright manner, Amerasinghe's book is nonetheless user-friendly and I'm certain that it will be of the utmost use for students and practitioners of international law alike" - Paavo Kotiaho, Finnish Yearbook of International Law