Diplomatic protection and diplomats in the 21st century
Diplomatic protection and the role of diplomats in the 21st century
Diplomatic protection has its origins from the Middle Ages, where the methodology of "retaliation letters" was implanted, it was weakened with the birth of the modern state, European states since ancient times began to link themselves to the activities of their compatriots in a External country, the doctrine that was implemented at the time was the economic one, where international merchants suffered violation of their rights, having large economic losses that affected a broadcasting country.
With the continuous development of international law, the recognition of rights that a person has, when a foreign country to violated the human rights contemplated in the international norm has been established, any nation that harms a citizen, the state of origin is in The obligation to protect it through existing coercive measures, until reaching the integral reparation in its entirety, being a right of states to exercise the diplomatic protection of its citizens, assuming the cause of their nationals before international competition, being the only claimant to this jurisdiction.
In this globalized world of the 21st century, diplomacy is dual regionalized: geography and function. With the reduction of barriers between internal affairs and foreign policy, the Ministry of Foreign Affairs must increasing internal and external has been diluted, and it is currently difficult to point out what event or fact involves the internal dimension and what external dimension. The internal issues mentioned not long ago, such as democracy, human rights, the environment, terrorism, etc., They are now in the center of the Global Agenda of the 21st Century .
Diplomacy in the 21st century must develop greater capacities to discover the problematic stage and the participants involved before a crisis occurs. In a highly complex and difficult world, predicting events requires establish discard and move quickly to strategic expectations.
The practice of recent years has shown that diplomatic protection is a viable mechanism to defend the rights of foreigners. It is not limited to traditional economic rights that were protected in a previous period, but can also include several personal rights. Is recognized in international law, especially human rights. At present, when nationals cannot obtain compensation for damage to their rights due to internationally illicit facts, especially in the case of flagrant and / or systemic damage, countries can use it as the last resort. In this sense, the agency seems to be a strong protection mechanism, while others do not.
In fact, conventional norms of international law that protect human rights impose potentially universal standards of conduct. However, in some cases, these regulations may not be as strict as those prescribed by a country for the exercise of diplomatic protection of nationals whose rights have been violated by international law.
As a mechanism for defense of the human rights of foreigners, diplomatic protection plays an important role today. In fact, there is no obstacle to legal reasoning and can be considered as a way of protecting the human rights of foreigners.
conclusion
We must be too careful with these figures, since they can misuse and that we must have a specific clarity of the requirements as such, and of the extremely crucial event, this means that we cannot preach from the terrorist organism clearly the Good faith, there are many occasions that international law tends to terjiversar under its various protection figures. Therefore we say that diplomatic protection are two unstitutions that are separated and others or what they prefer to talk about the protection of nationals for facts contrary to international law.
The definition is basic and understandable as in the most palpable case of Venezuelans, in the fundamental principle of international law is one that authorizes the State to protect their nationals injured by acts contrary to international law and committed by another state of which In order to obtain satisfaction by ordinary roads and diplomatic roads.
The current doctrine is the thesis of which diplomatic protection is born from the exercise of public power, from a power born from the State, which is not obliged to provide such assistance, but that nevertheless, having under these obligations of those obligations of those obligations of the law International and having exhausted certain mechanisms through government via, a type of responsibility is put is the time in which the Diplomatic Via claim has been made there is an intrinsic obligation that can lead to not doing so in international responsibility, the responsibility of not have sheltered that person under diplomatic protection.
Finally, it should not be forgotten that it is a public power of a discretionary nature, that is, it is free to will if the State wants to protect the rights of nationals when they have been violated by another state.
References
- Ricardo, e. (Wednesday of August 2014). The nation. Obtained from https: // www.the nation.com.AR/OPINION/LA-DIPLOMACIA-WHAT-NEXE-THE-SIGLO-XXI-NID1715473/
.
Leave feedback