Paper Details  
 
   

Has Bibliography
3 Pages
785 Words

 
   
   
    Filter Topics  
 
     
   
 

China on Diplomatic Protection

The topic of diplomatic protection historically is the link of nationality, which provides the basis of a right of protection by the state, although in some cases, by means of an international agreement a nation may have the right to represent another nation and act for the benefit of its citizens. Essentially states make claims against other bodies for compensation and remedy in the event that they have suffered by injury of denial or justice in the other body on the basis of the nationality of a person. The process of protection begins with the individual filing a grievance with their state of nationality. Then the state reviews the grievance and reaches a verdict on the gravity of the issue. If, and when, the nation decides to take action the issue if formally considered diplomatic protection. Action is taken by the state after the initial objection is discretionary. Yet even if a personality deems their claim severe the state is under no obligation to seek protection. Diplomatic protection means action taken by a nation against another nation in response to harm done to a citizen or national property caused by an internationally wrongful act or negligence on behalf of the latter nation. The use of force is strongly discouraged in the international community. According to the United Nations Charter, force is only justified when a nation is acting in self-defense. However, inherent in the right to self-defense is the protection of a nations citizens; consequently, there are five accepted instances where force may be used to protect a diplomat: when the nation has attempted to use peaceful means and has failed, the accused nation is unwilling or unable to secure the safety of the harmed individual, the citizens of the harmed nation are immediate danger, the use of force is proportionate to the harm done, and if force is necessary it is immediately withdraw following the assurance of the diplomats safety. The Peoples...

Page 1 of 3 Next >

    More on China on Diplomatic Protection...

    Loading...
 
Copyright © 1999 - 2024 CollegeTermPapers.com. All Rights Reserved. DMCA