Diplomatic Protection in Contemporary International Law
what is the role of Nationality?
DOI:
https://doi.org/10.14393/RFADIR-v47n2a2019-49791Keywords:
Law of the Sea, Stateless Persons, Refugees, Diplomatic Protection, NationalityAbstract
Abstract: This article aims to analyze the role of nationality in the establishment of the institute of diplomatic protection. To this end, this paper will be developed in three parts. The first two parts of this article are descriptive. They aim to analyze the current legal regime in international law regarding diplomatic protection and the role of nationality in diplomatic protection, especially by the way the matter was codified in the 2006 Articles on Diplomatic Protection (ADP). In the third part, the problems of diplomatic protection in which nationality does not play a predominant role in the exercise of the institute by states will be explored. In particular, the situation of refugees and stateless persons is examined, as well as the situation of the kind of diplomatic protection offered by the law of the seas in relation to vessels. Some reflections based on an analysis of recent practice are uttered in the concluding remarks, especially with regard to potential future trends of the institute.