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Codification of the Rules of Diplomatic Protection
Špaček, Metod ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee) ; Šmíd, Marek (referee)
This thesis deals with one of the modern topics of international law - diplomatic protection. It provides for its comprehensive assessment from a wider and deeper perspective on the background of the codification process, which culminated in 2006, when the International Law Commission (ILC) adopted 19 Draft Articles on Diplomatic Protection. In the current state of international law, diplomatic protection is based on customary international law. It is an instrument to protect nationals (be it a natural or legal person) by their state of nationality, if they injured by another (host) state in violation of international law. Under the current definition, diplomatic protection means the invocation (through peaceful means) by a state of the responsibility of another state for an injury caused to a national by an internationally wrongful act of that another state. The aim of diplomatic protection is to implement this responsibility. The application and exercise of diplomatic protection is considered to be a sovereign, discretional right of the state, although the thesis points out the some recent developments in international law towards the need to recognize the rights and interests of the individual, as well as the constitutional practice of some states guaranteeing its citizens a (domestic) right to...
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The Work of the International Law Commission in 2013
Šturma, Pavel
The topics on the Agenda of the ILC in 2013: Subsequent agreements and subsequent practice in relation to the interpretation of treaties, Immunity of State officials from foreign criminal jurisdiction, Protection of persons in the event of disasters, Customary International Law, Provisional application of treaties, and, on a preliminary basis, Protection of the environment in relation to armed conflict.
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