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Prerequisites for Granting Diplomatic Protection To Nationals In The Public International Law


Author: Diana Cucoş
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2006
Scientific adviser: Alexandru Burian
doctor habilitat, professor, Institute of History of the ASM
Institution:
Scientific council:

Status

The thesis was presented on the 18 February, 2006
Approved by NCAA on the 27 April, 2006

Abstract

Adobe PDF document – 0.59 Mb / in romanian

Thesis

CZU 341.2:341.7(043.3)

Adobe PDF document 0.94 Mb / in romanian
149 pages

Keywords

citizen/national, citizenship/nationality, codification, consular protection, continuous nationality, customary law, denial of justice, diplomatic protection, double citizenship, effective nationality, exhaustion of local remedies, human rights, injury, international claim, international delict, judicial decisions, multiple nationality, state practice, states international liability, the threat or use of force, third state

Summary

Diplomatic protection of nationals abroad has occupied a prominent place in the system of protection of individuals' rights. Nevertheless, the area of diplomatic protection remains one of the most controversial issues in international law, and the advancement of some possible answers, which would not, in turn, lead to new problems, seems unlikely. This doctoral dissertation, unfortunately, is the first attempt in the Moldavian juridical literature to present the full spectrum of problems engendered by diplomatic protection.

Based on the traditional concept of diplomatic protection, and taking into account contemporary trends in international law, addressed to wider acknowledgement and protection of individuals" rights, the author has set before herself the following goals: to conduct the complex study of content and legal nature of the institution of diplomatic protection in international law, by defining conditions for granting diplomatic protection; to determine the interrelation of the rules of diplomatic protection and international legislation on human rights protection, suggesting means by which diplomatic protection can be used to advance human rights protections; to fix the extent of state obligation in the area of the protection of its citizens in accordance with the contemporary international law; to emphasize some aspects concerned the granting of diplomatic and consular protection to the European Unions citizens.

Conclusions and recommendations proposed by the author could be used in the process of definition, addition, and creation of new legal norms in the diplomatic protection field, and they would contribute to the expansion and deepening of academic research in this area of international law.

The material presented in this work could also be of interest for a wide range of readers who are interested in the development of the own legal culture.