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La Protection diplomatique : du standard minimum de traitement des étrangers aux droits de l'homme

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Chapter Summary

Due to the material evolution of international law over the past decades in the field of rights to individuals, the material scope of diplomatic protection, originally limited to alleged violations of the minimum standard treatment of foreigners, was subsequently extended to include, in particular the rights of the internationally guaranteed human. Diplomatic protection goes beyond the protection of human rights to include a number of economic rights considered, to use the terminology of the International Court of Justice, as legally protected interests. In the classic sense of diplomatic protection, it also evoked "the minimum standard of civilization", which would imply that the protection would play in favor of so-called country nationals 'civilized'. The "minimum standard of treatment" could not be equated with national treatment or non-discrimination, at the risk of bringing down, according to the situations concerned, the guarantees due to foreigners.

Keywords: diplomatic protection; minimum standard of treatment; international law; foreigners; human rights

10.1163/ej.9789004180390.i-676.172
/content/books/10.1163/ej.9789004180390.i-676.172
dcterms_subject,pub_keyword
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