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Nationality and Diplomatic Protection

Denza, E; (2018) Nationality and Diplomatic Protection. Netherlands International Law Review , 65 (3) pp. 463-480. 10.1007/s40802-018-0119-4. Green open access

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Abstract

Nationality came during the nineteenth century to be regarded as conferring an entitlement to diplomatic protection by the national government. Powerful States used the rules against weaker ones to enforce rights of their nationals who had failed to secure justice through local remedies. Changes in the international order had the effect of diminishing the effectiveness of this practice. But the reduction in formal diplomatic protection for individuals and for companies has been matched by growth in compensatory mechanisms—wider human rights protection, government to government claims settlements and investment protection agreements.

Type: Article
Title: Nationality and Diplomatic Protection
Open access status: An open access version is available from UCL Discovery
DOI: 10.1007/s40802-018-0119-4
Publisher version: https://doi.org/10.1007/s40802-018-0119-4
Language: English
Additional information: Copyright © The Author(s) 2018 Open Access This article is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made.
Keywords: Protection of nationals · Efect of grant of nationality · UN staf · Corporate nationality · Two meanings of ‘diplomatic protection’, Legal entitlement, Dual nationals, International claims agreements, Investment protection agreements, Human rights, EU citizens’ entitlement, ILC draft articles
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10070786
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