Chapter

The Clash of Interests in Diplomatic Protection

Chittharanjan F. Amerasinghe

in Diplomatic Protection

Published in print February 2008 | ISBN: 9780199212385
Published online January 2009 | e-ISBN: 9780191707230 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780199212385.003.0007

Series: Oxford Monographs in International Law

 The Clash of Interests in Diplomatic Protection

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This chapter focuses on the basic interests underlying diplomatic protection. It discusses cases in support of the principle that the right infringed in cases where an alien suffers illegal injury at the hands of a State, is the right of the alien's national State and not the right of the alien himself. Examples are presented where the interests of the national State have been responsible for certain important and well-established rules in the law of diplomatic protection, and where interests of the defendant State must naturally and legitimately be considered, as opposed to the interests of the claimant State. The choices among competing interests and the international community's residual interest in having disputes involving States and aliens settled without escalation are considered.

Keywords: state; rights; alien; national state; competing interests; international community

Chapter.  5192 words. 

Subjects: Public International Law

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