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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 Clash of Interests in Diplomatic Protection

The Clash of Interests in Diplomatic Protection

Chapter:
(p.63) 7 The Clash of Interests in Diplomatic Protection
Source:
Diplomatic Protection
Author(s):

Chittharanjan F. Amerasinghe

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199212385.003.0007

This chapter focuses on the basic interests underlying diplomatic protection. It discusses cases in support of the principle that the right infringed in cases where an alien suffers illegal injury at the hands of a State, is the right of the alien's national State and not the right of the alien himself. Examples are presented where the interests of the national State have been responsible for certain important and well-established rules in the law of diplomatic protection, and where interests of the defendant State must naturally and legitimately be considered, as opposed to the interests of the claimant State. The choices among competing interests and the international community's residual interest in having disputes involving States and aliens settled without escalation are considered.

Keywords:   state, rights, alien, national state, competing interests, international community

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