Diplomatic Protection

Eileen Denza

Chapter 20 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 116-119 from Edward Elgar Publishing

Abstract: The term ‘diplomatic protection’ is used in two senses. First, in the informal sense it describes the protection exercised either by diplomats or by consuls over their own nationals present in another state. Second, in the formal sense it is defined as the invocation by a state of the responsibility of another state for an injury caused by an internationally wrongful act to a natural or legal person that is a national of the former state with a view to the implementation of such responsibility. Due to an increasing emphasis on the rights of individuals to life, liberty, and property in the twenty-first century, the use of formal diplomatic protection is significantly less. Under the modern legal order, alternative methods to formal diplomatic protection have been developed which allow individuals to benefit or secure justice under bilateral compensation agreements, multilateral human rights conventions, and investment protection agreements.

Keywords: Diplomatic; Protection; Nationality; Claims; Investment protection; Human rights (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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