EIRP Proceedings, Vol 12 (2017)

Abstract

The diplomatic protection of the individual is not a new concept, but, on the contrary, it is subject to a vast literature. We have, however, to consider whether and to what extent the major mutations in the current development of interstate relations and the changes made by the contemporary international legal system call for a redefinition of the concept of diplomatic protection. In this regard, we will consider both the traditional theory that diplomatic protection is a state right, as well as taking into account the evolution of the place of the individual in international law and the protection of his rights of international origin. For the elaboration of the paper we have used as research methods the analysis of the problems generated by the mentioned subject with regard to the doctrinal views expressed in the treaties and papers, the documentary research, the interpretation of legal norms in the matter.