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Government & Politics
China on Diplomatic Protection
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 Republic of China Has established strict guidelines on the topic of Diplomatic Protection. The first guideline is that all citizens of any state are included under the definition of a diplomat. They are considered this because all guests in the nation of China are expected to represent their country to their fullest capacity. The second guideline stated by our policy clearly states that if any property belonging to the government of another nation is in our country (including the airspace above our country and the waters belonging to our country) it will to be considered under the fore mentioned rules of diplomatic protection. In the case of an international instance between a member of a foreign state and the government of China there are also several laws established to prevent conflicts. If the member of the foreign state is an official diplomat of a foreign body we will recognize this diplomats immunity and this diplomat will be ejected form our country to their home country accompanied by an envoy of Chinese officials for the purpose of conflict resolution. If the member of the foreign state is just a guest in our country they will be detained in China until their home nation sends and envoy for the negotiation of their release to their home country. The same holds true for illegal properties that are found in China. If any of these properties are thought or know to contain information that compromise China’s national security China reserves the right to study and inspect these properties. In the event that no nation claims their citizens that have committed a level 3 and/or 4 infraction; in a 48-hour period these peoples will be publicly executed. This of course is not the case with level 1 or 2 infractions. In the case of level 1 or 2 infractions the unidentified persons will just be detained indefinitely in the case where no state claims them. Level 1 Minor Infraction- i.e. Lawsuit between a Foreign party & party of China Level 2 Negligible Infraction- i.e. Destruction of Properties, Possession of Illegal Goods Level 3 Major Infraction- i.e. Murder, Major Larceny, Assault Level 4 Dire Infraction- i.e. Assassination, Treason, Espionage China feels the number one solution to the problems arisen by diplomatic protection is education. A person or persons who is educated about the laws of the country, which they are sent to, or going to visit is less likely to cause an international incident by accidentally violating a nations laws. Awareness is the key! There are surely other ways to solve the problem available but “Why invest UN funding when the answer is so simple?” Bibliography:
Word Count: 785
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