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  1. Oct 2021
    1. diplomatic protection

      Diplomatic protection - prerogative of the state --- Indeed, Tarniem, the contemporary approach is that the individual could be considered a subject of international law, and the owner of international individual rights. This approach relies for its justification on areas such as investment protection treaties, intellectual property treaties, international human rights law, individual criminal liability, etc. However, we should note that the doctrine of diplomatic protection has been traditionally construed as a right (and prerogative) of the state, and not of the individual that has been wronged.

      Source author: Marília Maciel MariliaM@diplomacy.edu

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