| Title: | Diplomatic protection of dual nationals : magistrsko delo |
|---|
| Authors: | ID Heric, Zala (Author)
ID Tratnik, Matjaž (Mentor) More about this mentor... 
ID Šuta, Živa (Comentor) |
|---|
| Files: |  MAG_Heric_Zala_2024.pdf (2,99 MB)
MD5: AE707B8A2F1C50129FD07B39BF99180C
|
|---|
| Language: | English |
|---|
| Work type: | Master's thesis/paper |
|---|
| Typology: | 2.09 - Master's Thesis |
|---|
| Organization: | PF - Faculty of Law
|
|---|
| Abstract: | This master’s thesis presents a comprehensive and detailed analysis of the concept of diplomatic protection of dual nationals. It primarily draws upon the ILC’s Draft Articles on Diplomatic Protection, with a particular emphasis on Articles 6 and 7. Additionally, it considers the case law of international courts and tribunals as a secondary source of insight. Although the concept of diplomatic protection and dual nationality are not novel in the context of international law, the relationship between them has recently attracted greater scrutiny due to the influence of evolving geopolitical and social factors. Accordingly, the master’s thesis examines the notion of diplomatic protection and its relationship to dual nationals, with particular emphasis on pivotal turning points and rulings that have shaped contemporary perceptions of the issue.
The concept of diplomatic protection as defined by international law enables a State to assert the rights of its citizens who have suffered injury abroad as a result of an infringement of international law. This is predicated on the connection between the nationality and the State, as well as the injured individual, since the right to diplomatic protection is usually extended to the State of nationality of an individual. Furthermore, the prerequisite of exhaustion of local remedies must be satisfied. In the case of diplomatic protection of dual nationals, two options are available under Draft Articles: a claim can be made against a third State in which the individual does not hold nationality, or against the other State of nationality.
Article 7 of the Draft Articles stipulates that a State of nationality is precluded from providing diplomatic protection to a dual national against another State of nationality unless the former State’s nationality is predominant. In determining the factors that shape the predominance of one’s nationality, the Merge case is instructive. These factors include individual residence, family ties and the centre of one’s interest. With regard to claims for diplomatic protection against a third State, Article 6 of the Draft Articles stipulates that both States of nationality may jointly exercise diplomatic protection against a third State in which the dual national does not hold nationality, relying on the Salem case. Furthermore, in the absence of a genuine link to a State of nationality, third States are unable to contest the claims. |
|---|
| Keywords: | diplomatic protection of dual nationals, dual nationality, the Nottebohm case, the Flegenheimer case, the Merge case, the Salem case, the Canevaro case, diplomatic protection, ILC Draft articles on Diplomatic Protection, Article 6, Article 7, nationality of the claim, predominant nationality |
|---|
| Place of publishing: | Maribor |
|---|
| Place of performance: | Maribor |
|---|
| Publisher: | Z. Heric |
|---|
| Year of publishing: | 2024 |
|---|
| Number of pages: | 1 spletni vir (1 datoteka PDF (80 str.)) |
|---|
| PID: | 20.500.12556/DKUM-90207 |
|---|
| UDC: | 341:613.888.151.2(043.3) |
|---|
| COBISS.SI-ID: | 217664259 |
|---|
| Publication date in DKUM: | 04.12.2024 |
|---|
| Views: | 190 |
|---|
| Downloads: | 103 |
|---|
| Metadata: |    |
|---|
| Categories: | PF
|
|---|
|
:
|
Copy citation |
|---|
| | | | Average score: | (0 votes) |
|---|
| Your score: | Voting is allowed only for logged in users. |
|---|
| Share: |  |
|---|
Hover the mouse pointer over a document title to show the abstract or click
on the title to get all document metadata. |
