Abstract: The diplomatic protection is an international claiming approach based on the infringement of individuals’ rights.It belongs to the scope of international responsibility law.It can supple the individuals’ competence for international claims and can harmonize the conflict between personal jurisdiction and territorial jurisdiction.Traditional views regard the diplomatic protection as the rights of states,and states do not have obligations for protecting their overseas Chinese citizens.The disputes on the nature of rights are related to whose rights are protected and what remedy consequences are.Diplomatic protection system and human rights protection system are in the relationship of parallel application,and there are some differences between them.Diplomatic protection can supple the functions of human rights protection.
黄涧秋. 论海外公民权益的外交保护[J]. 南昌大学学报(人文社会科学版), 2008, 39(03): 93-97.
HUANG Jian-qiu. On the Diplomatic Protection for the Interests of Overseas Chinese Citizens. , 2008, 39(03): 93-97.