Humanization of Consular Protection Institution in the Light of Developments in International Human Rights in the Light of No. 16 Advisory Opinion of Inter American Court for Human Rights

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ALHOOII NAZARI HAMID; KOURAKINEJAD MAJID; Aghajani Ronaghi Aida

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2020 | Volume:50 | Issue:2 Page(s): 533-550

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Information Journal Paper

Title

Humanization of Consular Protection Institution in the Light of Developments in International Human Rights in the Light of No. 16 Advisory Opinion of Inter American Court for Human Rights

Author(s)

ALHOOII NAZARI HAMID | KOURAKINEJAD MAJID | Aghajani Ronaghi Aida | Issue Writer Certificate

Keywords

Humanization of LawQ1

Consular ProtectionQ2

Human RightsQ2

International JurisprudenceQ1

Consular RelationsQ1

National StateQ2

Vienna ConventionQ2

Abstract

The reason which Consular Protection (CP) institution was established based on is supporting people to recover their violated rights. In traditional international law, prevailing view was that CP is the exclusive authority of States and individuals have no right to resort to it. Now this question may raise that if a person’ s rights and legal interests have been violated illegally in a foreign State and above-mentioned person couldn’ t recover his legal rights with exhausting to local remedies, does his government is obliged to exercise CP to its nationals or could to refuse this request due to its authority? In other words, the question is that CP is part of exclusive authority of States or is part of individuals' international Human Rights which States have to exercise it due to national request? Conclusion of this paper shows that today, in the light of changes and developments in international Human Rights, CP is part of individual international Human Rights and States have to exercise it due to national requests, at least in theory.

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APA: Copy

ALHOOII NAZARI, HAMID, KOURAKINEJAD, MAJID, & Aghajani Ronaghi, Aida. (2020). Humanization of Consular Protection Institution in the Light of Developments in International Human Rights in the Light of No. 16 Advisory Opinion of Inter American Court for Human Rights. PUBLIC LAW STUDIES QUARTERLY, 50(2 ), 533-550. SID. https://sid.ir/paper/251151/en

Vancouver: Copy

ALHOOII NAZARI HAMID, KOURAKINEJAD MAJID, Aghajani Ronaghi Aida. Humanization of Consular Protection Institution in the Light of Developments in International Human Rights in the Light of No. 16 Advisory Opinion of Inter American Court for Human Rights. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2020;50(2 ):533-550. Available from: https://sid.ir/paper/251151/en

IEEE: Copy

HAMID ALHOOII NAZARI, MAJID KOURAKINEJAD, and Aida Aghajani Ronaghi, “Humanization of Consular Protection Institution in the Light of Developments in International Human Rights in the Light of No. 16 Advisory Opinion of Inter American Court for Human Rights,” PUBLIC LAW STUDIES QUARTERLY, vol. 50, no. 2 , pp. 533–550, 2020, [Online]. Available: https://sid.ir/paper/251151/en

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