Dupla nacionalidade e direito internacional em tempos de globalização. Desafios e oportunidades de assistência consular e proteção diplomática em casos recentes
Artículo académico
This article analyzes the interaction and clashes of the concept of nationality and the concept of diplomatic protection under international law as it may apply to individuals caught in international disputes between states of which they are nationals. The objective of this analytical article is to examine this problem through the lens of the figures of Consular Assistance and Diplomatic Protection. Regarding the methodology, the article is descriptive- analytical and uses legal comparative methodology, since it analyzes both law, treaties and jurisprudence from national and international sources. The article uses case-law analysis and is elaborated within the following structure. Part 1 will deal with the general concept of nationality at international law. Part 2 will examine “Consular Assistance”, its source, function and application. Part 3 will examine a separate and distinct facet of international law called “Diplomatic Protection” (as distinguished from “Diplomatic Immunity”) and its application to the protection of nationals as well as its weaknesses. Part 4, which develops the original value and final goal of this contribution, consist of an analysis of these particular protective measures within the context of particular cases so as to illustrate the weaknesses of these figures as protective of individuals, the limits of nationality as a shield for individuals caught up in international disputes and the almost “second-class” nature of dual nationality from an international law perspective. Part 5 as a conclusion will include some observations as to how states may improve the protection they can afford to their nationals abroad.
