Humanization of International Law and Protecting Nationals Abroad: A Critical Study of the Islamic Republic of Iran’ s Legal Approach and Procedure

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SHAHSAVARI EHSAN; HATAMI MEHDI

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Paper Information

Journal: JOURNAL OF CRITICAL LITERATURE AND HUMANITIES Year:2020 | Volume:19 | Issue:12 Page(s): 233-253

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Information Journal Paper

Title

Humanization of International Law and Protecting Nationals Abroad: A Critical Study of the Islamic Republic of Iran’ s Legal Approach and Procedure

Author(s)

SHAHSAVARI EHSAN | HATAMI MEHDI | Issue Writer Certificate

Keywords

Humanization of International LawQ1

Consular ProtectionQ1

Diplomatic ProtectionQ1

Host StateQ1

State of NationalityQ1

Abstract

Consular Protection is a mechanism for protecting the rights of nationals deprived of liberty in foreign countries. The state-oriented reading of this phenomenon does not provide a comprehensive obligation to protect the nationals and make it a matter of discretion for the concerned state. A fundamental shift of international law and moving toward elementary considerations of humanity and the priority of human rights protection highlights the need for a dynamic reading of this phenomenon. Due to the increasing number of Iranians moving to foreign countries and the probability of undermining their rights by the Host State, it is essential to verify the legal basis and practice of Iran in this matter. The aim of this article is to examine the evolution of Consular Protection in the context of VCCR, preliminary negotiations for the preparation of this convention, and precedent and legal doctrine. Considering Iran, the existing legal bases are incomplete and critical and do not provide decisive support to Iranian nationals. The practice of the state and the political will to comply with these legal obligations are critical, and the need for active involvement in this matter is felt.

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APA: Copy

SHAHSAVARI, EHSAN, & HATAMI, MEHDI. (2020). Humanization of International Law and Protecting Nationals Abroad: A Critical Study of the Islamic Republic of Iran’ s Legal Approach and Procedure. JOURNAL OF CRITICAL LITERATURE AND HUMANITIES, 19(12 ), 233-253. SID. https://sid.ir/paper/393033/en

Vancouver: Copy

SHAHSAVARI EHSAN, HATAMI MEHDI. Humanization of International Law and Protecting Nationals Abroad: A Critical Study of the Islamic Republic of Iran’ s Legal Approach and Procedure. JOURNAL OF CRITICAL LITERATURE AND HUMANITIES[Internet]. 2020;19(12 ):233-253. Available from: https://sid.ir/paper/393033/en

IEEE: Copy

EHSAN SHAHSAVARI, and MEHDI HATAMI, “Humanization of International Law and Protecting Nationals Abroad: A Critical Study of the Islamic Republic of Iran’ s Legal Approach and Procedure,” JOURNAL OF CRITICAL LITERATURE AND HUMANITIES, vol. 19, no. 12 , pp. 233–253, 2020, [Online]. Available: https://sid.ir/paper/393033/en

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