Diplomatic and Consular Protection of Persons with Dual Citizenship Abroad
Keywords:consular protection, diplomatic protection, effective citizenship, dual citizenship, citizenship of the European Union
The article is devoted to one of the least studied problems in the domestic science of international law, namely diplomatic and consular protection of state’s citizens abroad, especially in cases where the latter are endowed with dual and sometimes multiple citizenship. This problem involves a close intertwining of both political and legal norms used in the implementation of this field.
The author distinguishes between diplomatic and consular protection, highlights common features and peculiarities of each of them. Diplomatic measures are clearly outlined, covering all possible procedures by which one state informs another of its claims (protest, negotiations, investigation, etc.). The choice of means of diplomatic protection is influenced by the nature of the rights of the person who has suffered damage from a foreign state; the amount of damage caused, both for the person and for the state of his/her citizenship, as well as the risks of aggravation or deterioration of relations between states. Some legal aspects of citizenship of the European Union and the specifics of protection of the rights and interests of its citizens according to the "delegated" protection and the "governing state" are highlighted.
Bennouna, M. (1998). Preliminary Report on Diplomatic Protection/Mohamed Bennouna, Special Rapporteur. A/CN.4/484. https://legal.un.org/ilc/documentation/english/a_сn4_484.pdf
Case concerning Ahmadon Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo) (24 May 2007). Reports of Judgment, Preliminary objections of International Court of Justice. 582-618. https://www.icj-cij.org/public/files/case-related/103/103-20070524-JUD-01-00-EN.pdf.
Collection of current international agreements of Ukraine from 2006 (2006). № 5. V. 1. p. 1125.
Condovelli L. (2003). L`evolution du champ d`application de la protection diplomatique La Protection Diplomatique [The evolution of the scope of diplomatic protection Diplomatic Protection]. In Jean-Francais Flauss (ed.), Mutations contemporaines et pratiques nationales [Contemporary changes and national practices]. Nemesis-Bruylant
Constitution of Ukraine. (1996). Journal of the Verkhovna Rada of Ukraine. № 30. Art. 141.
Council of Europe. (1950). Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocols № 11 and № 14 (1950). ETS. № 5. Rome 4. XI. https://www.lewik.org/term/13882/convention-for-the-protection-of-human-rights-and-fundamental-freedoms-council-of-europe/
Diplomatic protection. (2007). Resolution A/RES/62/6. Аdopted by the General Assembly on the report of the Sixth Committee (A/62/451). https://www.un.org/ga/search/view_doc.asp?symbol=A/RES/62/67&Lang=E
International Law Commission. Draft Articles on Diplomatic Protection with commentaries 2006. Text adopted by the International Law Commission at its fifty-eighth session, in 2006, and submitted to the General Assembly as a part of the Commission’s report covering the work of that session (A/61/10). Yearbook of the International Law Commission. II. Part Two: 25-55. https://legal.un.org/ilc/texts/instruments/english/commentaries/9_8_2006.pdf
Geck, W. K. (1992). Diplomatic Protection. Encyclopedia of Public International Law, 1, 1054-1055. https://doi.org/10.1016/B978-0-444-86241-9.50035-X
International Covenant on Civil and Political Rights. (1966). Adopted by the General Assembly of the United Nations on 19 December 1966. http://treaties.un.org/doc/publication/unts/volume%20999/volume-999-i-14668-englich.pdf
Joseph, C. (1969). Nationality and Diplomatic Protection. The Commonwealth of National. A.W. Sijthoff.
Leigh, G.I.F. (1971). Nationality and Diplomatic Protection. The International and Comporative Law Quarterly, 20(3), 453-475. http://journals.cambridge.org/abstract_S0020589300027275
Lukashuk, I. (2000). Diplomatic Protection. Law and Politics. 8: 109-117.
Nottebohm, (1955). (Liechtenstein v. Guatemala): International Court of Justice Judgment (1955) IGJ Reports. № 1. https://www.icj-cij.org/public/files/case-related/18/018-19550406-JUD-01-00-EN.pdf.
Przetacznik, J. (1971). The Protection of Individual Person in Traditional International Law (Diplomatic and Consular Protection). Osterreichische Zeitschrift fur of fentliches Reecht. 21: S.69-113.
United Nations. (1963). Vienna Convention on Consular Relations https://legal.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf
United Nations. (1961). Vienna Convention on Diplomatic Relations https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=III-3&chapter=3&clang=_en
Wyler, E. (1990). La regie dite de la continuite de la nationality dans les contentieux internationals [The rule known as the continuity of nationality in international disputes]. Graduate Institute Publications.
How to Cite
Copyright (c) 2021 The Authors & LUMEN Publishing House
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant this journal right of first publication, with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work, with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g. post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g. in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as an earlier and greater citation of published work (See The Effect of Open Access).
LUMEN Law Journal has an Attribution-NonCommercial-NoDerivs