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Part V The Implementation of International Responsibility, Ch.73 Diplomatic Protection

John Dugard

From: The Law of International Responsibility

Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 20 May 2024

Aliens, treatment — Wrongful acts — Nationalilty of individuals — Exhaustion of local remedies — Codification — Customary international law — Prisoners of war — Secession
Generally speaking a State is not obliged to admit aliens to its territory, but once it has done so, it is under an obligation toward the alien’s State of nationality to provide a degree of protection to his person or property in accordance with an international minimum standard of treatment for aliens. Failure to do this may result in an internationally wrongful act or omission engaging the responsibility of the host State. Diplomatic protection is the procedure employed by the injured alien’s State of nationality to secure compliance with the primary rules of...
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