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The Impact of Human Rights Law on General International Law$
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Menno T. Kamminga and Martin Scheinin

Print publication date: 2009

Print ISBN-13: 9780199565221

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199565221.001.0001

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Impact on the Law of Diplomatic Protection

Impact on the Law of Diplomatic Protection

Chapter:
(p.211) 10 Impact on the Law of Diplomatic Protection
Source:
The Impact of Human Rights Law on General International Law
Author(s):

Riccardo Pisillo Mazzeschi

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199565221.003.0010

This chapter argues that, at the basis of the traditional conception of the norms on treatment of aliens and of the norms on diplomatic protection, there are, in substance, two very clear ideas: a) the individual is not a holder of individual rights in international law; and b) the legal regime of human rights is separate and does not affect the two interconnected legal regimes of treatment of aliens and diplomatic protection. However, it is shown that in contemporary international law these two ideas have changed or, at least, are rapidly changing. The chapter examines these two processes of change and the way they have affected or are possibly going to affect the legal regime of diplomatic protection. It looks at the new role of the individual and of individual rights in international law, and then the impact of human rights law.

Keywords:   human rights, international law, treatment of aliens, law of diplomatic protection

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