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Zbornik Pravnog fakulteta u Zagrebu, Vol. 62 No. 1-2, 2012.

Original scientific paper

Diplomatic protection

Maja Seršić ; Faculty of Law, University of Zagreb, Croatia

Full text: croatian pdf 133 Kb

page 735-751

downloads: 630

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Abstract

The paper is devoted to the traditional mechanism for the protection of natural or legal persons in case of violation of their rights by foreign states, namely, diplomatic protection. In 2006 the International Law Commission finalized a set od Draft Articles on Diplomatic Protection. The paper analyzes the 2006 Draft, discussing the traditional conditions for the bringing of a claim based on indirect injury that are applicable to diplomatic protection (exhaustion of local remedies and nationality of claims). Due consideration is given to other procedures and actions other than diplomatic protection, paying special attention to invocation of State responsibility erga omnes. In conclusion it is argued that diplomatic protection still remains an important remedy for the protection of persons whose rights has been violated abroad, as demonstrated in the 2007. Diallo case before the International Court of Justice.

Keywords

diplomatic protection; Draft Articles on Diplomatic Protection; state responsibility

Hrčak ID:

93131

URI

https://hrcak.srce.hr/93131

Publication date:

3.5.2012.

Article data in other languages: croatian

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