Publisher Description

This book offers a juristic exposition and analysis of diplomatic protection as an institution of public international law. Diplomatic protection is primarily exercised by States towards their nationals, and exceptionally non-nationals, against violations of international law by other States, and is one of the oldest traditions of international law. The book starts with a history of the subject, and charts the development of diplomaticprotection conceived as an institution of international law. It goes on to discuss the violations of international law which can trigger diplomatic protection, arrangements which are excluded from this type ofprotection, conflicts of interests underlying the principle and how these can be resolved, and the influence of human rights on the area. Subsequent chapters look at attempts to codify the law of diplomatic protection, and offer a critical examination of this in the light of modern policy considerations, and the recent work of the Int Law Commission. The book concludes with an assessment of recent changes in the law and the importance of these from the point of view of the individual.

Notes

Awarded Certificate of Merit of the American Society of International Law in 1989 for The Law of the International Civil Service (published by OUP)

Author Biography

Dr Amerasinghe started his professional career in academia at Cambridge University, Trinity Hall and then at the University of Ceylon where he latterly held a full Professorship of law. Later he joined the World Bank as an international lawyer and ended his 26yr career there as Registrar of the World Bank Tribunal. He was a judge at the UN Tribunal in New York from 1998-2000 and of the Commonwealth Secretarial Tribunal from 1999-2002. He was made an HonoraryProfessor of Law by the University of Colombo, Sri Lanka and has been an adjunct Professor of International law at the American University, Washington. He has also been a member of the Institute de DroitInternational since 1998.

Table of Contents

1: Prologue2: History and Development of Diplomatic Protection3: Diplomatic Protection in Context4: The International Law Violated5: Arrangements Excluded from the Concept of Diplomatic Protection6: Codification of the Law of Diplomatic Protection7: The Clash of Interests in Diplomatic Protection8: The Human Rights Factor - Claimed Obsolescence of Diplomatic Protection9: A Duty to Protect?10: Relevance of Nationality11: Exhausting Local Remedies12: Effect of a Calvo Clause13: The Clean Hands Doctrine14: Attribution of Conduct as the Act of the State15: Remedies16: Influence of the Law of Human Rights Protection - Parallels17: Effect of Investment Treaties and of International Investment Law18: Concluding Observations

Review

`The book reads as an authoritative work of reference and a brilliant companion to ILC's work on the subject of diplomatic protection. And despite its richly annotated nature and forthright manner, Amerasinghe's book is nonetheless user-friendly and I'm certain that it will be of the utmost use for students and practitioners of international law alike'Paavo Kotiaho, Finnish Yearbook of International Law

Promotional

Awarded Certificate of Merit of the American Society of International Law in 1989 for The Law of the International Civil Service (published by OUP)

Long Description

This book offers a juristic exposition and analysis of diplomatic protection as an institution of public international law. Diplomatic protection is primarily exercised by States towards their nationals, and exceptionally non-nationals, against violations of international law by other States, and is one of the oldest traditions of international law. The book starts with a history of the subject, and charts the development of diplomatic
protection conceived as an institution of international law. It goes on to discuss the violations of international law which can trigger diplomatic protection, arrangements which are excluded from this type of protection, conflicts of interests underlying the principle and how these can be resolved, and the
influence of human rights on the area. Subsequent chapters look at attempts to codify the law of diplomatic protection, and offer a critical examination of this in the light of modern policy considerations, and the recent work of the Int Law Commission. The book concludes with an assessment of recent changes in the law and the importance of these from the point of view of the individual.

Review Text

`The book reads as an authoritative work of reference and a brilliant companion to ILC's work on the subject of diplomatic protection. And despite its richly annotated nature and forthright manner, Amerasinghe's book is nonetheless user-friendly and I'm certain that it will be of the utmost use for students and practitioners of international law alike'
Paavo Kotiaho, Finnish Yearbook of International Law

Review Quote

The book reads as an authoritative work of reference and a brilliant companion to ILC's work on the subject of diplomatic protection. And despite its richly annotated nature and forthright manner, Amerasinghe's book is nonetheless user-friendly and I'm certain that it will be of the utmost use for students and practitioners of international law alike

Promotional "Headline"

Awarded Certificate of Merit of the American Society of International Law in 1989 for The Law of the International Civil Service (published by OUP)

Feature

Offers a completely up-to-date juristic exposition and analysis of diplomatic protection as an institution of public international law.
Analyses exceptional cases of States extending diplomatic protection to non-nationals
Looks forward to the future of diplomatic protection and assesses calls for its modernisation, including the recent International Law Commission report

Details