Diplomatic Protection

Inbunden, Engelska, 2008

Del i serien Oxford Monographs in International Law

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Beskrivning

This book offers a juristic exposition and analysis of diplomatic protection as an institution of public international law. Diplomatic protection is primarily exercised by States towards their nationals, and exceptionally non-nationals, against violations of international law by other States, and is one of the oldest traditions of international law. The book starts with a history of the subject, and charts the development of diplomatic protection conceived as an institution of international law. It goes on to discuss the violations of international law which can trigger diplomatic protection, arrangements which are excluded from this type of protection, conflicts of interests underlying the principle and how these can be resolved, and the influence of human rights on the area. Subsequent chapters look at attempts to codify the law of diplomatic protection, and offer a critical examination of this in the light of modern policy considerations, and the recent work of the Int Law Commission. The book concludes with an assessment of recent changes in the law and the importance of these from the point of view of the individual.

Produktinformation

Utgivningsdatum:2008-02-07
Mått:163 x 241 x 26 mm
Vikt:694 g
Format:Inbunden
Språk:Engelska
Serie:Oxford Monographs in International Law
Antal sidor:378
Förlag:OUP OXFORD
ISBN:9780199212385

Utforska kategorier

Folkrätt inom Juridik
Rättshistoria inom Juridik
Internationella relationer inom Samhälle och politik

Mer om författaren

Dr Amerasinghe started his professional career in academia at Cambridge University, Trinity Hall and then at the University of Ceylon where he latterly held a full Professorship of law. Later he joined the World Bank as an international lawyer and ended his 26yr career there as Registrar of the World Bank Tribunal. He was a judge at the UN Tribunal in New York from 1998-2000 and of the Commonwealth Secretarial Tribunal from 1999-2002. He was made an Honorary Professor of Law by the University of Colombo, Sri Lanka and has been an adjunct Professor of International law at the American University, Washington. He has also been a member of the Institute de Droit International since 1998.

Recensioner i media

The book reads as an authoritative work of reference and a brilliant companion to ILC's work on the subject of diplomatic protection. And despite its richly annotated nature and forthright manner, Amerasinghe's book is nonetheless user-friendly and I'm certain that it will be of the utmost use for students and practitioners of international law alike

Innehållsförteckning

1. Prologue ; 2. History and Development of Diplomatic Protection ; 3. Diplomatic Protection in Context ; 4. The International Law Violated ; 5. Arrangements Excluded from the Concept of Diplomatic Protection ; 6. Codification of the Law of Diplomatic Protection ; 7. The Clash of Interests in Diplomatic Protection ; 8. The Human Rights Factor - Claimed Obsolescence of Diplomatic Protection ; 9. A Duty to Protect? ; 10. Relevance of Nationality ; 11. Exhausting Local Remedies ; 12. Effect of a Calvo Clause ; 13. The Clean Hands Doctrine ; 14. Attribution of Conduct as the Act of the State ; 15. Remedies ; 16. Influence of the Law of Human Rights Protection - Parallels ; 17. Effect of Investment Treaties and of International Investment Law ; 18. Concluding Observations