Nationality and Diplomatic Protection

Abstract

Nationality came during the nineteenth century to be regarded as conferring an entitlement to diplomatic protection by the national government. Powerful States used the rules against weaker ones to enforce rights of their nationals who had failed to secure justice through local remedies. Changes in the international order had the effect of diminishing the effectiveness of this practice. But the reduction in formal diplomatic protection for individuals and for companies has been matched by growth in compensatory mechanisms—wider human rights protection, government to government claims settlements and investment protection agreements.