Diplomatic protection in the jurisprudence of the International Court of Justice and the South African law

LL.M. (International Law)This thesis is based on the jurisprudence of the International Court of Justice viz a viz the South African law and practices as it relates to diplomatic protection of nationals or corporate entities who encounter problem with the law in a foreign country. How the concept of diplomatic protection has assisted individuals and corporate entities who wish to go to a foreign country for whatever reason to feel free and relaxed knowing that their lives and property are protected. The expose examines the rights of individuals to diplomatic protection in international law in comparison with the rights of nationals to request for diplomatic protection in South Africa. The questions posed are; what is the liability of the state to its nationals, what level of responsibility is to be exhibited by the state when providing diplomatic protection and do such nationals have a right to demand to be protected in international law and or municipal law. Chapter one will examine the growth and historical development of diplomatic protection and the position as it is today. Chapter two will deal with nationality issues, this is because to determine who will be the beneficiary of diplomatic protection nationality must first be determined. The issues to be discussed in this chapter are: acquisition of nationality, double or multiple nationalities, continuity of nationality, loss of nationality, nationality of a Corporation and its shareholders, stateless persons and refugees, and the right to diplomatic protection. In answering the question of state responsibility, chapter three will examine the local remedy rules. This is because local remedies will have to be exhausted before the state can intervene. Chapter four will examine the treatment of alien which include expulsion of alien, expropriation of foreign property, and consular protection. Various attempts have been made to define Diplomatic protection, but there has not been a generally accepted definition. Some of these definitions are highlighted below. A description is also provided below to help with the understanding and scope of diplomatic protection