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Diplomatic Protection and its Provision in International Law
Dopitová, Kristýna ; Balaš, Vladimír (advisor) ; Tymofeyeva, Alla (referee)
Diplomatic Protection and its Provision in International Law Abstract The thesis deals with diplomatic protection in a formal sense, especially concerning natural persons who do not have strictly one citizenship. The text of the thesis is divided into five chapters. First one is focused on the concept of diplomatic protection and its requirements. The second chapter contains development of its codification with an emphasis on Draft Articles on Diplomatic Protection. The third and fourth considers the possibility of providing it to stateless individuals and individuals with multiple nationalities. Finally, the relevance of diplomatic protection in the present day is discussed, considering the increasing number of human rights conventions and bilateral investment treaties. Analysis and synthesis are predominantly used in this thesis as well as comparative and descriptive research methods. The main aim of the thesis is to investigate the possibility of providing diplomatic protection to an apatrid or an individual with multiple nationalities and its conditions. The additional objective was to determine whether the provision of diplomatic protection to a natural person is still requested in case of injury. The main finding of the present thesis is the existence of possibilities to exercise diplomatic protection...
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Diplomatic Protection
Mervartová, Petra ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
This diploma thesis deals with the topic of diplomatic protection and it's use in the system of international law. The goal of this thesis is to describe the legal institute of diplomatic protection and how it is exercised and to describe both the historical development of the institute and it's future direction. The thesis is divided into five chapters that gradually develop and analyse the topic. The first chapter deals with the definition of the legal term diplomatic protection and it's content. It also lists the conditions under which the diplomatic protection can be exercised. Part of the chapter deals with the history of the institute and also speaks about some legal institutes similar to diplomatic protection. The second chapter summarises the efforts taken in order to codify the institute and introduces Draft Articles on Diplomatic Protection to the reader. This chapter also describes the current situation of usage of the institute. The third chapter is focused on exercising diplomatic protection on behalf of individual citizens. It's main focus is to list all the necessary conditions under which can diplomatic protection be used in those cases. The fourth chapter on the other hand deals with providing diplomatic protection to legal entities and the conditions of such provision. There is a...
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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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