A diplomáciai védelem gyakorlásának eszközei, avagy a forgalom-meghatározás és az elhatárolás problémái
Due to the codification of the International Law Commission we know more and more about the conditions of diplomatic protection instead of the relation to the problem the States had already had the answers for these questions. During the codification the interstate practice of diplomatic protection...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
Szegedi Tudományegyetem Állam- és Jogtudományi Karának tudományos bizottsága
Szeged
2009
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| Sorozat: | Acta Universitatis Szegediensis : acta juridica et politica
72 No. 1-22 |
| Kulcsszavak: | Diplomáciai védelem |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/7421 |
| Tartalmi kivonat: | Due to the codification of the International Law Commission we know more and more about the conditions of diplomatic protection instead of the relation to the problem the States had already had the answers for these questions. During the codification the interstate practice of diplomatic protection has been examined though always having the chance to look into several questions, which are still subjects of .-ongoing discussions. Thus question has been arisen; in fact what diplomatic protection means? When can we talk about an international measures of a State, there is an exercise of diplomatic protection? How to assert the state his rights in practice? Nothing could be simpler since we could look it up in an encyclopedia of international law, and we find the definition of diplomatic protection, just like other definition of similar international law institution. But both the encyclopedia of international law and the modern general textbooks on international law are silent, and we don't find an exact and adequate description about what diplomatic protection means, or what are the means of action. This work analyses the international legal doctrines and international decisions in relation to diplomatic protection and seek an answer for the questions below. This work try to elaborate a consequent view about ho" to resort to diplomatic protection within the limits permitted by international law. This work attempt to distinguish diplomatic protection from other means of international protection. The States by the exersise of diplomatic protection have a discretionary right to choose from wide range of activities from presentation by representatives of states to litigation procedures at the ICJ. It is also indisputable that in practice the greatest challenge is to make clear differences between diplomatic protection and consular assistance. This publication considers the international legal doctrines providing the adequate answers to distinguish between the mechanisms of protection, and the determination of diplomatic protection. |
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| Terjedelem/Fizikai jellemzők: | 523-544 |
| ISSN: | 0324-6523 |