The Role of Nationality in the Exercise of Diplomatic Protection | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 8, Issue 4, December 2016, Pages 488-530 | ||
| Authors | ||
| A.P.Dr. Hassan Ali Kadhim; Ibrahim Abbas Ibrahim Al- Jubouri | ||
| Abstract | ||
| Abstract State protection of the right of their citizens abroad in the event of abuse by other state and that the basis of this right is that the damage , which occurred on one of its citizens is the injury to the national community as awhole . Which authorizes filed a diplomatic protection indefense of the injured person . Required to provide the three conditions for the exercise of diplomatic protection is the nationality conition means there is a depency link between the injured person and the State Prosecutor and the requirement for ways internal appeal benefit and mean direction to the means of local appeal , and the requirement of clean hands and means not to be injured person has contributed to the injury . Exercise diplomatic protection two kinds of means and political means such as negotiations and the diplomatic proest and good offices , mediation , investigation and compatibility and judicial means , such as international courts and committees Controlist . Revolt several problems in the exercise of diblomatic protection , including the problem of multiple citizenship , including the problem of statelessness , including the problem of the change of nationality . And not a case of multiple citizenship is the only problem for the organization of positive citizenship there is the problem of statelessness and was less frequent in the practice of the problem of multiple nationality , but that raised the most damaged Lara right of the individual and legal status of the effects of multiple . Center stateless person is different from other foreigners in the center of the state , because these others are considered foregners with specific nationalities while the stateless status of foreign for him absolute and not relative recipe . Exercise diplomatic protection for stateless person injured by the state in which he resides and is an exception to the general rule that necessitate the existence of sexual link between the injured person and the state Prosecutor . | ||
| Keywords | ||
| Nationality; Exercise; Diplomatic; protection | ||
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