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Please use this identifier to cite or link to this item: http://hdl.handle.net/1807/25618

Title: Responsibility to Protect (R2P) as Duty to Protect? Reassessing the Traditional Doctrine of Diplomatic Protection in Light of Modern Developments in International Law
Authors: Hooge, Nicholas
Advisor: Macklem, Patrick
Department: Law
Keywords: International Law
Diplomatic Protection
Responsibility to Protect
International Human Rights
Issue Date: 1-Jan-2011
Abstract: This thesis will reassess the traditional doctrine of diplomatic protection in light of two significant and related developments in modern international law: (i) the proliferation of international human rights law and its granting of rights to individuals as subjects of international law; and (ii) the evolving conception of State sovereignty as including responsibility pursuant to the U.N.’s “Responsibility to Protect” doctrine. It will argue that the traditional doctrine – which holds that States have a discretionary right to espouse claims on behalf of their own nationals for wrongs committed against them by other States, but that the individuals harmed have no right to protection – is outdated and that these developments should lead to the recognition of a limited individual right and concomitant State obligation to provide diplomatic protection in certain circumstances. Responsibility to protect thus confirms a duty to protect using diplomatic means.
URI: http://hdl.handle.net/1807/25618
Appears in Collections:Master
Faculty of Law - Master theses

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