Legal Nature of the Institute of Diplomatic Protection

The article delves into the analysis of the legal nature of diplomatic protection and its role and place in the system of international law. The aim of the study is to examine the mechanism of diplomatic protection and to determine the legal measures implemented by a state in the framework of its sovereign (discretionary) right or obligation. The focus is on the transition from the traditional understanding of diplomatic protection as a sovereign right of the state to the recognition of individual rights as fundamental in international law. Attention is given to the role of national courts in adjudicating complaints regarding the actions of executive authorities in matters pertaining to the provision of diplomatic protection. The study assesses the shifts in approaches to diplomatic protection linked to the recognition of individual rights, rather than the rights of the state. Analysis of judicial decisions demonstrates how legal certainty is ensured and highlights the importance of the protection of human rights in international law. Furthermore, the connections between the evolution of international human rights law and diplomatic protection are investigated, specifically in the context of the impact of new approaches in the field of individual rights on the mechanism of protecting citizens abroad. In conclusion, the importance of diplomatic protection as a significant mechanism for upholding human rights is underscored, particularly in instances where individuals are unable to independently secure the protection of their fundamental rights.