The 'Protection of Nationals' Doctrine Revisited

Released on by Tom Ruys
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  • The 'Protection of Nationals' Doctrine Revisited Book Detail

  • Author : Tom Ruys
  • Release Date : 2010
  • Publisher :
  • Genre :
  • Pages : 0
  • ISBN 13 :
  • File Size : 55,55 MB
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The 'Protection of Nationals' Doctrine Revisited by Tom Ruys PDF Summary

Book Description: Legal scholars as well as states have long disagreed on the compatibility with the UN Charter of the so-called 'protection of nationals' doctrine. This doctrine suggests that states are allowed to forcibly intervene in other countries for the protection of their nationals abroad, subject to the following (cumulative) conditions: (i) there is an imminent threat of injury to nationals; (ii) a failure or inability on the part of the territorial sovereign to protect them and; (iii) the action of the intervening state is strictly confined to the objective of protecting its nationals. This article re-examines the available evidence in customary practice, while taking account of two new elements: on the one hand, the increased tolerance on behalf of the international community vis-à-vis unauthorised evacuation operations, and, on the other hand, the critical attitude of many states throughout the UN General Assembly debate on diplomatic protection in 2000. After finding that customary evidence fails to offer conclusive answers, the author makes some tentative suggestions de lege ferenda to find a way out of the existing legal impasse.

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The Use of Force in International Law

The Use of Force in International Law

File Size : 32,32 MB
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The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a