Diplomatic protection

The diplomatic protection law referred to in international law the right of a state to protect its nationals over other subjects of international law, but primarily other states. The home state stand by all the means of international transport available. These are also referred to as diplomatic agents. The diplomatic protection law gains particular significance in that it represents the most important legal consequences under international law of nationality. That this is not the individual to the law of the country, the International Court of Justice has clarified in the Mavrommatis Concessions case. Therefore, it may also dispense only the State on the exercise of diplomatic protection law but not the individual citizens. This has been attempted, among other things by the Calvo Doctrine.

Whether the concerned citizen has a personal right to the exercise of the right by his home state, governed by its national law. This is only in a few jurisdictions the case as it is possible in a variety of situations that the state itself has no interest in raising the demand for their relatives - which is usually a political issue.

Requirements

For the assertion of diplomatic protection law, it is first necessary that the person exhausts the domestic remedies of the injurious state and tried so enforce his claim (Local Remedies Rule ). Of these may be waived if a success here seems hopeless from the outset. The person concerned must not only been a national of the home country in the time of the damage, but he has also through the whole process through to its conclusion that nationality reserve ( Nationality of Claims Rule ).

Although for the national side of the nationality, citizenship, it is not absolutely necessary, international law for the exercise of diplomatic protection law requires a particular close relationship between the home state and the claimant ( genuine link ).

Dual nationality

For persons who possess the nationality of two or more States, the question arises as to which state may exercise diplomatic protection law. Here that State is considered to be legitimized on the basis of the criterion of genuine link to which the person concerned has the closer relationship.

In particular, the nationality of the host State for the Diplomatic Protection Law often an obstacle.

Legal persons

Legal persons enjoying diplomatic protection law. The problem lies mainly in transnational undertakings that can not be clearly determined which state was the home state. For this, different theories are represented, according to which either the country of domicile (ie, where the company has its headquarters ), the founding member (whose members so the majority of partners make up ) (ie, under whose laws the company was founded ) or the control state as home state of the company viewed be.