Draft articles on diplomatic protection, with commentaries. The state entitled to exercise diplomatic protection is the state of nationality. Protecting recognized geneva convention refugees outside. The commission considered the report of the drafting committee and adopted on first reading a set of 19 draft articles on diplomatic protection, with commentaries. The ilcs articles on responsibility of states for internationally wrongful acts.
In recent years,the area of diplomatic protection has been the subject of much work by the ilc,who produced a set of draft articles on diplomatic protection in 2006. International legal doctrine borchard indicated that states have a choice of means for the exercise of diplomatic protection. Ilc draft principles on the allocation of loss in the case of transboundary harm arising out of hazardous activities. The commission further decided that the drafting committee consider elaborating a provision on the connection between the protection of ships crews and diplomatic protection. See report on the work of the international law commission during its 48th. Diplomatic protection becomes more difficult, however, where the ren.
Immunities and international crimes before the ilc. Instead it describes the salient features of diplomatic protection in the sense in which the term is used in the present draft articles. Draft articles on diplomatic protection, with commentaries 2006. Draft articles on the responsibility of international organizations 2011 appendix 3. Exercising diplomatic protection the fine line between.
Oxford university press online resource centre 1992 2017. The entire set of draft articles adopted on second reading is a compilation of the rules of customary international law governing diplomatic protection, and, in certain aspects, also reflects a gradual evolution of international law. Apr 28, 2017 table of reports of special rapporteurs of the ilc on state responsibility for internationally wrongful acts. The ilc s articles on responsibility of states for internationally wrongful acts.
More recently we have been able to meet in geneva, when the sessions of the human rights committee and the international law commission ilc have. Ilc draft articles on diplomatic protection, 2006 the concept of stateless persons under. In international law, diplomatic protection or diplomatic espousal is a means for a state to take diplomatic and other action against another state on behalf of its national whose rights and interests have been injured by that state. It results from the general legal personality of every state under international law, and from the fact that states are the principal bearers of international obligations see also states, fundamental rights and duties. Articles on diplomatic protection 2006 march 31, 20 what does diplomatic protection mean. The ilc articles on diplomatic protection should have specified that also the state of. Diplomatic protection of dual nationals in the european journal of.
A request to reconsider draft article 1 particularly in the light of thefictioncamefromtheitaliangovernmentandwassupportedbyanumber of ilc members. John dugard, diplomatic protection and human rights. Any views expressed are solely those of the author or publisher. Pdf nationality and diplomatic protection researchgate. The fiction underlying diplomatic protection has been subject to debate in the ilc. International law, diplomatic protection, refugee law, human rights. I wonder about the legal status of the draft articles made by the i. For their part, the ilc s draft articles on diplomatic protection are even more receptive to diplomatic protection against third states. See the ilc draft articles on diplomatic protection 2006 art 1. Chapter two the institution of diplomatic protection 1. The present article on diplomatic protection is not a description of the draft articles on diplomatic protection, adopted by the ilc at first reading in june 2004. According to the ilc articles on the responsibility of states for internationally.
Completion of the second reading article pdf available january 2001 with 1,494 reads how we measure reads. P art t wo n ationality c hapter i g eneral p rinciples article 3 protection by the state of nationality 1. Articles on responsibility of states for internationally wrongful acts 2001 appendix 2. Diplomatic protection, which has been confirmed in different cases of the. So it is important to research on draft articles on diplomatic protection in order to protest our countrys nationals whose rights were infringed upon by another country for violating international law in accordance with general. See draft articles on diplomatic protection, draft article 1. The text of the draft articles adopted by the commission at its fiftythird session with commentaries thereto is reproduced below. Although the purposes of both practices are to assist a national abroad, a series of critical differences exist between them. The position has now changed, with the adoption of the draft articles on the responsibility of states for internationally wrongful acts draft articles by the international law commission ilc in august 2001. The diplomatic protection of refugees by their state of. Apr 28, 2017 draft articles on diplomatic protection 2006 text adopted by the international law commission at its fiftyeighth session, in 2006, and submitted to the general assembly as a part of the commissions report covering the work of that session. I wonder about the legal status of the draft articles made. The former special rapporteur on diplomatic protection provides an accessible and very helpful overview of the topic in the online edition of the most authoritative encyclopedia of international law.
Ilc articles on responsibility of states for internationally wrongful acts. Comments on ilc draft articles on state responsibility. The ilcs articles on responsibility of states for internationally. The application of the draft articles on diplomatic protection in the ahmadou sadio diallo case, 20 leiden j intl l 2007. The draft articles are a combination of codification and progressive development. At the time, barcelona traction provided in some respects a pro. The ilc itself recommended an initial resolution taking note of the articles, with subsequent consideration after a period of years of a possible diplomatic conference with a view to concluding a. Feb 17, 2009 fabbricotti, alberta, the diplomatic protection of refugees by their state of asylum a few remarks on the exclusion of the state of nationality of the refugee from the adressees of the claim february 12, 2009. Internationally wrongful acts the ilc draft articles on. The ilc has however decided not to endorse this view and has rejected the use of force as a means of diplomatic protection. And in assessing whether the exhaustion of local remedies was required in this case, the tribunal relied on the ilcs draft articles on state responsibility. The ilc itself recommended an initial resolution taking. Text adopted by the international law commission at its fiftythird session, in 2001, and submitted to the general assembly as a part of the commissions report covering the work of that session a5610.
First, diplomatic protection is only engaged once an internationally wrongful act has. Jun 02, 2011 impact of the ilc draft articles on responsibility of states for internationally wrong acts in us, uk and canadian courts the draft articles on the responsibility of states for internationally wrongful acts the draft articles have become an important source of authority for international tribunals despite being soft law. It is very important to understand the adoption of the draft code within. Peel, the ilcs draft articles on state responsibility. Part ii thus sets out the empirical background against which the practices of contemporary international investment tribunals may be assessed. Show full abstract or multiple nationalities, in spite of the fact that its scope has been curtailed by the draft articles on diplomatic protection laid down by the international law commission. Diplomatic protection, which has been confirmed in different cases of the permanent court of international justice and the international court of justice, is a. Refworld draft articles on diplomatic protection with. Text adopted by the international law commission at its fiftyeighth session, in 2006, and submitted to the general assembly as a part of the commissions report covering the work of that session.
Using the url or doi link below will ensure access to this page indefinitely. Jurisprudence and commentary of the au human rights bodies. Legal committee discusses ways to apply law commission draft. The ilc draft articles, aiming to codify diplomatic protection in an international treaty, link it with the notion of state responsibility. In the last 30 years, individuals have increasingly filed complaints against their national governments for failure to exercise diplomatic protection on their behalf, in particular in cases of serious violations of international human rights law. Ii exercising diplomatic protection universiteit leiden. A6110, at 94 2006, which has eventually been endorsed, in part, by the icj in 2012 in diallo case concerning ahmadou sadio diallo guinea v.
Dugard, john diplomatic protection and human rights. Ii exercising diplomatic protection the fine line between litigation, demarches and consular assistance introduction one of the last draft articles that was proposed by the special rapporteur. The report, which also contains commentaries on the draft articles, appears in official records of the. In this statement before the 6th committee of the unga, the chinese representative comments on the ilcs draft articles on diplomatic protection and draft principles on the allocation of loss in the case of transboundary harm arising out of hazardous activities. Refworld draft articles on responsibility of states for. Then enter the name part of your kindle email address below.
Impact of the ilc draft articles on responsibility of states. Adopted by the international law commission at its fiftythird session 2001. Serpa soares, convened the office of legal affairs ola for a town hall meeting. United nations convention on jurisdictional immunities of states and their property. The report, which also contains commentaries on the draft articles, appears in official records of the general assembly, sixtyfirst session. Should a requirement of clean hands be a prerequisite to.
Nationality and diplomatic protection springerlink. In what follows, the term action with respect to diplomatic protection will be analysed through a discussion of legal writing, international and national decisions and the ilc draft articles on diplomatic protection. It was adopted by the general assembly on 16 december 2005 in its 60th. Thus, when examining issues of the genuine link between a vessel and its flag state, it consulted the ilcs 1956 draft articles on the law of the sea. On the whole, we view as positive the text of these draft articles. In the final section, the work of the ilc shall be presented. Introduction when, on 5 july, 1996, after many years, the draft code of crimes against. Diplomatic protection 1 the drafting of articles on diplomatic protection was originally seen as belonging to the study on state responsibility. Exhaustion of local remedies in international investment law. The convention on the law of the nonnavigational uses of international watercourses was adopted by the united nations general assembly on may 21, 1997. This article makes a case for the emergence of such a right to consular assistance in capital cases for nationals of states which have abolished the death penalty. Unhcr is not responsible for, nor does it necessarily endorse, its content.
We are also pleased that the draft articles honor the established principle of continuity of nationality as a prerequisite to the exercise of diplomatic protection on behalf of natural and corporate persons in articles 5 and 10 and, by implication, in articles 7 and 8. Pdf the ilcs articles on responsibility of states for. Largely along the lines of the ilc articles, dugard also discusses issues of diplomatic protection in the context of international organizations. United nations convention on jurisdictional immunities of states and their property 2006. Oct 20, 2010 sixtyfifth general assembly sixth committee 16th meeting am legal committee discusses ways to apply law commission draft articles on diplomatic protection. International law commission adopted the articles on diplomatic protection. Iisd best practices series exhaustion of local remedies in international investment law 2. Prevention of transboundary harm from hazardous activities general commentary 1 the articles deal with the concept of prevention in. Use of diplomatic protection to prosecute perpetrators of xenophobic attacks in south africa. Borchard, the diplomatic protection of citizens abroad, new york 1919, at 448. Diplomatic protection conducted by a state at interstate level remains an important remedy for the protection of persons whose human rights have been violated abroad. Diplomatic protection in international law and the united. Draft articles on diplomatic protection 2006 text adopted by the international law commission at its fiftyeighth session, in 2006, and submitted to the general assembly as a part of the commissions report covering the work of that session.
Extract from the report of the international law commission on the work of its fiftythird session. Draft articles on responsibility of states for internationally wrongful acts, with commentaries. Diplomatic protection is undoubtedly an important tool in human. At its sixtyfirst session, the general assembly took note of the draft articles on diplomatic protection, adopted by the international law commission at its fiftyeighth session, in 2006, and. The report, which also contains commentaries on the draft articles, will appear in yearbook of the international law commission, 2006, vol. Next to the right of abode, entitlement to diplomatic protection was the. Draft articles on prevention of transboundary harm from. The article concludes that old rules precluding protection in a contest between two states of nationality are. Internationally wrongful acts, the ilc draft articles on diplomatic protection and the ilc draft articles on responsibility of international organisations and apply those provisions to practical situations. Draft articles on diplomatic protection with commentaries 2006 text adopted by the international law commission at its fiftyeighth session, in 2006, and submitted to the general assembly as a part of the commissions report covering the work of that session a6110. Pdf moving ahead in protecting freshwater resources. Text adopted by the international law commission at its fiftyeighth session, in 2006, and submitted to the general assembly as a part of the commissions. Text of the draft articles with commentaries thereto 50.
Ilc draft articles on nationality of natural persons. Diplomatic protection analytical guide to the work of. The ilc adopts the draft code of crimes against the peace. The text of the draft articles with commentaries thereto adopted by the commission at its fiftyeighth session are reproduced below. The ilc adopts the draft code of crimes against the peace and security of mankind martin c. This paper discusses ilc draft article 8 on diplomatic protection. The report, which also contains commentaries on the draft articles, appears in. The ilc edited and interspersed the united states comments with the comments of other states in state responsibility. United nations legal counsel participates in the 57th annual session of the asianafrican legal consultative organization in tokyo, japan learn more.
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