Jump to ContentJump to Main Navigation
Diplomatic Protection$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 24 June 2019

A Duty to Protect?

A Duty to Protect?

(p.79) 9 A Duty to Protect?
Diplomatic Protection

Chittharanjan F. Amerasinghe

Oxford University Press

This chapter explores the duty or absence of a duty of States to protect their nationals abroad against a host State. The traditional view that a State has a right to protect nationals, but no duty to do so, is upheld. Hence, under international law a State has no duty to protect its nationals. This is so, even though, pursuant to the laws of some States, the State may have a duty — enforceable under national law — to protect its nationals. Those national provisions must be regarded as insufficient to establish a consistent practice with an opinio iuris giving rise to a customary rule of international law. The duty to protect, recognized in some national laws, is not a duty which States regard as obligatory even if the practice is sufficiently widespread — which it may not be.

Keywords:   diplomatic protection, state, nationals, opinio iuris

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .