Master'sOpen Access

Diplomatic protection in international law

2018
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Advisor: Doç. Dr. Mehmet Hanifi Bayram

Abstract (EN)

In this thesis it is mentions that, for the elimination of injuries that are applied to aliens by the violation of international law rules and as the result of wrongful acts of foreign responsible state (s) by diplomatic ways. The study consists of two chapters. The first chapter relates to the definition of diplomatic protection, the frame of activities of diplomatic protection in international law, the state relationship with sovereign authority, the link of nationality, the borders and exclusive authority of states by the point of diplomatic protection and state practices on diplomatic protection. In the second chapter of the study; the human rights law in the context of rights and interests of individuals, the confliction between the restricted rights of individuals and the exclusive authority of states and the topic of individuals personality in international law are alsocovered in this thesis. The means that followed before, using the right to diplomatic protection, fulfillment of the required conditions, the peaceful and judicial application forms for settlement of international disputes, broadly, the relationship between individual and state in international law are also the responsibility of states for its wrongful acts against individuals with dualnationality and against stateless persons. The objectivity of the rules for the application of diplomatic means that should be applied for the elimination of injuries that were treated against individuals and legal personnel in the territory of foreign states have been examined as are the cases of ICJ that are related to this study. Also related is the nationality and the issues of exhaustion of local remedies, the important component for using the diplomatic protection, the Draft Articles on Responsibility of States for İnternationally Wrongful Acts that has been accepted by ILC on May 31. 2001 have been included in this thesis. In the conclusion and evalution section it is revealed the limitation of diplomatic protection institute and the currently applied system within the above mentioned topics.

Author

Dr. Lale Hesenova

How to Cite

Lale Hesenova (Master Thesis). Diplomatic protection in international law, 2018, Akdeniz University.

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