Obligation Attribute Of Diplomatic Protection

Diplomatic protection is traditionally considered to be the sole right of the state,and the state has absolute discretion and does not assume any obligations under international law.This originated from the national characteristics proposed by Vettel.However,after the Second World War,the world showed a trend of multi-polarization,and economic globalization has exerted more and more influence.International law has shown an increasingly strong humanistic trend.Traditional views on the nature of diplomatic protection rights are increasingly being questioned by academics.The recent failure of Chinese private claims against Japan also required the government to provide diplomatic protection.In particular,for the issue of "comfort women",the victims and the bereaved publicly demanded that the government assume responsibility for diplomatic protection in 2017.The Chinese government has also repeatedly stated its position of resolutely safeguarding the interests of our citizens and defending basic human rights.This makes us to re-examine whether diplomatic protection is still the absolute discretion of a government.In view of this,this paper hopes to explore the obligations of diplomatic protection.This thesis first defines the diplomatic protection through the introduction of preconditions and comparison with other similar systems,and briefly introduces the traditional theory.Secondly,the author tries to find the contradictions between the existing legal framework and traditional theories from the national characteristics of diplomatic protection,preconditions and domestic and foreign dimensions.Then it tries to find the theoretical basis of the diplomatic protection obligation attribute from the change of personal status in international law,the change of China's foreign policy and the trend of humanization of international law and the new concept of responsibility of sovereignty.After that,it hopes to discuss what kind of limited obligation shall the country of nationality fulfill under certain circumstances through the development of classic cases and to link theory with practice.At least in terms of procedures,there should be an obligation to give due consideration to the possibility of diplomatic protection;In substance,when the human rights of nationals are seriously violated,there is an obligation to take concrete action for diplomatic protection.Finally,based on China's position and the historical background and the change of state role in modern times,suggestions are made from the perspective of the nature of diplomatic protection obligations.Today,the number of Chinese citizens who go abroad is increasing,and the increasing security risks are everywhere.Strengthening the protection of overseas Chinese citizens is an urgent task.Today,when people-oriented diplomacy becomes the ruling idea,the thinking on the nature of diplomatic protection obligations has important significance both in theory and in practice.