Krylov M. Development of the institute of diplomatic protection of individuals and legal entities

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U102991

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

13-05-2021

Specialized Academic Board

Д 41.086.04

National University «Odessa Law Academy»

Essay

The work traces the history of the formation of the institute of diplomatic protection, investigates the concept of the institute of diplomatic protection; analyzed the sources of the institute of diplomatic protection; identifies the problems arising in the implementation of diplomatic protection of persons with dual citizenship and stateless persons; analyses the UN International Law Commission Draft Articles on Diplomatic Protection. The international legal system has undergone significant changes in recent decades, especially concerning substantive and procedural rights granted to individuals under international law. However, these developments not only do not replace or make diplomatic protection an obsolete institute, as some scholars and politicians have argued, but have revived the importance of diplomatic protection as a means of protecting such individual rights and challenged the traditional notions underlying such a mechanism. The topic of the research, its purpose and tasks, the specifics of the object and the subject determined its methodological basis. The use of historical and dialectical methods made it possible to analyze the various stages of the formation of norms on diplomatic protection and its formation as an institute of international law. Based on the system method, the content of the concept of diplomatic protection, its relationship with other concepts was considered.

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