Notes on the distinction between diplomatic protection and consular protection

The International Law Commission held its fifty-sixdi session in Geneva from May 3 to June 4, and from July 5 to August 6, 2004, under the chairmanship of Teodor Melescanu of Romania. The Commission completed its first reading of draft principles on international liability for transboundary harm and draft articles on diplomatic protection, which have now been submitted for comment by states with a view to their completion in 2006. The Commission also continued its work on reservations to treaties, responsibility of international organizations, unilateral acts of states, fragmentation of international law, and shared natural resources. In addition, the Commission decided to start work next year on the effect of armed conflict on treaties and the expulsion of aliens, and to recommend adding a new topic—the obligation to prosecute or extradite—to its long-term program. The following is a summary of where each topic stands and what issues are likely to be most prominent at the Commission's 2005 session.

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The Correlation of Allegiance and Protection

The Cambridge Law Journal ◽

10.1017/s0008197300083951 ◽

1948 ◽

Vol 10 (1) ◽

pp. 54-76 ◽

Cited By ~ 6

Author(s):

Glanville L. Williams

Keyword(s):

Legal Aspect ◽

The Other ◽

Diplomatic Protection

In the last number of the Cambridge Law Journal Professor Lauterpacht made the decision in R. v. Joyce the occasion of a lucid discussion of the topics of allegiance and protection, including the correlation of allegiance and protection, the diplomatic protection of non-nationals and the duty of allegiance of protected persons. He came out in support of the decision in Joyce, though he was cautious in assessing its implications outside the actual facts of the case. Since the argument for the decision has been put so fully it is perhaps as well that the legal aspect of the case for the other side should also be stated, particularly as it does not completely appear from the judgments and speeches.

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Diplomatic Protection in EU Law: What’s New under the Sun?

The Hague Journal of Diplomacy ◽

10.1163/1871191x-12341274 ◽

2014 ◽

Vol 9 (2) ◽

pp. 150-175 ◽

Cited By ~ 1

Author(s):

Federico Forni

Keyword(s):

European Union ◽

International Law ◽

European Commission ◽

European Community ◽

The Sun ◽

International Agreement ◽

Eu Law ◽

The European Union ◽

Diplomatic Protection ◽

Effective Role

Summary This article aims to assess which subjects could offer diplomatic protection in third countries to European citizens and/or European Union legal persons on the basis of eu law. The absence of a common standard of assistance and the lack of specific agreements with third states has de facto excluded the diplomatic protection ex Article 23 of the Treaty on the Functioning of the European Union (tfeu, formerly the tec or Treaty establishing the European Community). Yet the practice shows cases in which the European Commission claimed the infringement of the rights of eu citizens and eu corporations in cases of violation of an international agreement concluded by the Union, or in cases of a breach of general international law in a matter of eu exclusive competence. These evidences indicate that the eu could play an effective role in ensuring the protection of European citizens in third countries in situations in which the eu member states have transferred their competences to the European Union. However, these actions remain discretional, since the ‘duty to protect’ is far from achieved both in eu and in international law.

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