The Obligation to Protect: The Legal Context for Diplomatic Protection of Canadians Abroad

University of New Brunswick Law Journal, Vol. 57, pp. 101-133, 2007

32 Pages Posted: 12 Jun 2010 Last revised: 3 Jan 2015

Craig Forcese

University of Ottawa - Common Law Section

Date Written: November 1, 2007

Abstract

Journal article on the international and Canadian law of diplomatic protection. The article concludes that decisions concerning diplomatic protection are amenable to scrutiny in Canadian public law, potentially as a constitutional matter and almost certainly as part of administrative law. In the right circumstances, a failure to extend diplomatic protection could be actionable in private law, although success in such a lawsuit would oblige a plaintiff to overcome important legal and evidentiary hurdles. All told, the legal context for diplomatic protection remains rudimentary. The article urges that this situation be corrected.

Keywords: diplomatic protection, international law, Canada, consular protection

Suggested Citation

Forcese, Craig, The Obligation to Protect: The Legal Context for Diplomatic Protection of Canadians Abroad (November 1, 2007). University of New Brunswick Law Journal, Vol. 57, pp. 101-133, 2007 . Available at SSRN: https://ssrn.com/abstract=1623444

Craig Forcese (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

HOME PAGE: http://www.cforcese.ca

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