Diplomatic Protection System

Though diplomatic protection system came into being centuries ago, with thousands ofpractices and precedents in diverse states, it has been a most controversial subject ever since.Diplomatic protection once was a instrument for strong powers, in pursuit of its own interests,to interfere fiercely with sovereignty and domestic affairs, and the weak or developing nationswere badly in disadvantage. Latin American states proposed the so-called Calvo clause tooppose to strong powers' activities. But in nowadays, with the progress of economicglobalization and increase of technique and culture exchanges between different states, moreand more nationals go abroad for work, study and living, nearly all the states, rich or poor,developed or developing, have enhanced their capability of exercise diplomatic protection.Diplomatic protection is never a privilege for strong powers, but a useful and efficient tool forall states to protect human rights and interests.The article consists of four chapters, elaborated by clue of diplomatic protection history,theory basis, basic contents and analysis of Chinese diplomatic protection mechanism. All thecomments and observations concentrate on framework and contents of Draft Articles onDiplomatic Protection, which had been second read by the International Law Commission ofUnited Nations. It is of vital significance for domestic scholarly research and revision ofdiplomatic practices in accordance to international laws and norms. The article stresses on theconcept, legal nature, object, content, principle and mode of diplomatic protection. And, intheory, the article attempts to make a distinction between diplomatic protection and consularassistance, clarifying long-lasting ambiguity of similar terms and views. The theory basis ofdiplomatic protection is analyzed from the angle of philosophy and jurisprudence. At length,the articles reviews Chinese diplomatic protection mechanism and summarizes itsachievements and existing problems, and probes into the cause of problems and give asuggestion, in light of international law and norms together with the situation of our country,to perfect the diplomatic protection system of China.