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Diplomatic Protection$
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Chittharanjan F. Amerasinghe

Print publication date: 2008

Print ISBN-13: 9780199212385

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199212385.001.0001

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The International Law Violated

The International Law Violated

Chapter:
(p.37) 4 The International Law Violated
Source:
Diplomatic Protection
Author(s):

Chittharanjan F. Amerasinghe

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199212385.003.0004

This chapter discusses violation of international law and the exercise of diplomatic protection. Diplomatic protection is exercised by the national State, in the case of a violation of international law in respect of the person or property of an alien. International law governs the question whether such a violation of international law has taken place, though it may refer to national law for determining whether a violation of international law has occurred. The injury to person or property when caused by the State is to be characterized as a violation of international law in any case by the application of the international minimum standard applicable to the treatment of aliens. Where the initial wrong is not a violation of international law by the host State, resort or an attempted resort to local remedies must take place, or local remedies must be activated before an international wrong, which is a violation of the host State's international obligations, can occur.

Keywords:   diplomatic protection, violation, national state, rule of local remedies

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