榛鸡Diplomatic protection 外交保护

2021年1月20日发(作者：叶周)
Draft articles on Diplomatic Protection

Diplomatic Protection
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ROVISIONS

Article 1
Definition and scope

For the purposes of the present draft articles, diplomatic protection consists of
the
invocation
by
a
State,
through
diplomatic
action
or
other
means
of
peaceful
settlement,
of
the
responsibility
of
another
State
for
an
injury
caused
by
an
internationally wrongful act of that State to a natural or legal person that is a national
of the former State with a view to the implementation of such responsibility.
Article 2
Right to exercise diplomatic protection

A State has the right to exercise diplomatic protection in accordance with the
present draft articles.
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ATIONALITY

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RINCIPLES

Article 3
Protection by the State of nationality
1.
The State entitled to exercise diplomatic protection is the State of nationality.
2.
Notwithstanding paragraph 1, diplomatic protection may be exercised by a
State in respect of a person that is not its national in accordance with draft article 8.
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ERSONS

Article 4
State of nationality of a natural person

For
the
purposes
of
the
diplomatic
protection
of
a
natural
person,
a
State
of
nationality
means
a
State
whose
nationality
that
person
has
acquired,
in
accordance
with
the
law
of
that
State,
by
birth, descent, naturalization,
succession of
States
or
in
any other manner, not inconsistent with international law.
Article 5
Continuous nationality of a natural person
1.
A State is entitled to exercise diplomatic protection in respect of a person who
was
a
national
of
that
State
continuously
from
the
date
of
injury
to
the
date
of
the
official presentation of the claim. Continuity is presumed if that nationality existed at
both these dates.
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Draft articles on Diplomatic Protection

2.
Notwithstanding
paragraph
1,
a
State
may
exercise
diplomatic
protection
in
respect of a person who is its national at the date of the official presentation of the claim
but was not a national at the date of injury, provided that the person had the nationality
of a predecessor State or lost his or her previous nationality and acquired, for a reason
unrelated to the bringing of the claim, the nationality of the former State in a manner
not inconsistent with international law.
3.
Diplomatic protection shall not be exercised by the present State of nationality
in respect of a person against a former State of nationality of that person for an injury
caused when that person was a national of the former State of nationality and not of the
present State of nationality.
4.
A State is no longer entitled to exercise diplomatic protection in respect of a
person who acquires the nationality of the State against which the claim is brought after
the date of the official presentation of the claim.
Article 6
Multiple nationality and claim against a third State
1.
Any State of which a dual or multiple national is a national may exercise
diplomatic protection in respect of that national against a State of which that person is
not a national.
2.
Two or more States of nationality may jointly exercise diplomatic protection in
respect of a dual or multiple national.
Article 7
Multiple nationality and claim against a State of nationality

A State of nationality may not exercise diplomatic protection in respect of a
person against a State of which that person is also a national unless the nationality of the
former State is predominant, both at the date of injury and at the date of the official
presentation of the claim.
Article 8
Stateless persons and refugees
1.
A State may exercise diplomatic protection in respect of a stateless person who,
at the date of injury and at the date of the official presentation of the claim, is lawfully
and habitually resident in that State.
2.
A State may exercise diplomatic protection in respect of a person who is
recognized as a refugee by that State, in accordance with internationally accepted
standards, when that person, at the date of injury and at the date of the official
presentation of the claim, is lawfully and habitually resident in that State.
3.
Paragraph 2 does not apply in respect of an injury caused by an internationally
wrongful act of the State of nationality of the refugee.
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