Is Diplomatic Protection Fit for a World of Human Rights? Reflections on the Relevance of Diplomatic Protection Vis-À-Vis the International Human Rights Protection System

• Autores: Nicola Ortu
• Localización: Ordine Internazionale e Diritti Umani, ISSN-e 2284-3531, Nº. 1, 2024, págs. 109-130
• Idioma: italiano
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  • IS DIPLOMATIC PROTECTION FIT FOR A WORLD OF HUMAN RIGHTS? REFLECTIONS ON THE RELEVANCE OF DIPLOMATIC PROTECTION VIS-À-VIS THE INTERNATIONAL HUMAN RIGHTS PROTECTION SYSTEM In an age of enduring globalisation, diplomatic protection, defined as the invocation by a State, through diplomatic action or other means of peaceful dispute settlement, of the responsibility of another State for injury caused to a natural or legal person that is a national of the former State, maintains a key role in international law. Its salience persists even in the context of the development of international human rights law. After having highlighted the contemporary developments in the field of diplomatic protection and its increasing synergies with the protection of fundamental rights, this paper will argue that diplomatic protection remains a valuable and living tool in contemporary international law. Indeed, even when assessed against the known limits of the nationality of claims and the discretional nature of the action of the State, diplomatic protection remains a valuable, and at times the sole available tool for the safeguard of fundamental rights.