Diplomatic Protection (Concept and Development)

Abstract

Diplomatic protection is an international legal mechanism that allows the protection of foreigners from having their rights violated, and who cannot obtain any form of redress without the intervention of the state of which they hold nationality. It is a well-established system in international relations, whether in theory or through international practice, and this system has witnessed A remarkable development linked to the development of international human rights law, and despite the fact that the emergence of other mechanisms to protect individuals from the violation of their rights outside their countries has led to a reduction in the role of diplomatic protection in relation to investment disputes, and that human rights conventions stipulate mechanisms for submitting complaints against the governments responsible for the violation For the rights of foreigners, diplomatic protection serves as an additional remedy. Moreover, the ineffectiveness of the remedies provided by human rights conventions means that affected persons are better off seeking the protection of their national state rather than resorting to the remedy available by filing individual complaints Human rights monitoring bodies.