Analyses Of Major Issues On Diplomatic Protection

Diplomatic protection is an old issue in international law, which includes the ambassador protection and the consul protection. In essence, it belongs to a kind of national right,not individual one. The nations perform the diplomatic protection right because they have personal supremacy over their citizens. When the personal freedom,property right and lawsuit right of their nationals living abroad are impaired illegally,the nations can perform diplomatic protection. The issues associated with diplomatic protection are the effect of Calvo Clause and extraterritorial asylum.A nation can perform diplomatic protection right on the following conditions: Firstly, the impaired nationals must have the nationality of the nations, which is the basis of their own nation performing the diplomatic protection; Secondly,the nationals are impaired in the local remedies. But the fact of impairement can't lead to international responsibility immediately, only when nationals have exhausted the local remedies and can't be compensated,can the international responsibility of the local nation be result in.In practice, diplomatic protection only can be performed peacefully, the specific ways are as follows: diplomatic service helps their own citizens, negotiates with the local government and requests the international compensations, etc.