Diplomatic Protection for Foreign Investment in Public International Law

Abstract

As the establishment of a relationship requires a link between the applicant and the state, the state and those seeking protection should be connected. The concept of legal and political dependence, which allows the state to protect its diplomatic interests, is fundamental to the nature of this relationship. Consequently, the need of nationality served as a fundamental precondition for the implementation of an essential tenet of international law Furthermore, it is imperative to recognize that the state is powerless to request diplomatic protection on behalf of a citizen who has been harmed, given that the citizen utilized in all domestic remedies as required by the laws of the state that is responsible for the harmful action. Claiming diplomatic protection for an individual becomes illogical if that person has not tried to resolve their issues via the judicial system and established procedures for handling complaints as outlined in the relevant state's domestic legislation. , If the foreign person has exhausted all domestic channels of appeal in an arbitrary or ineffective manner without success, the state is not legally obligated to intervene diplomatically on their behalf. However, if an individual is a citizen of a country that grants diplomatic protection and meets the previously mentioned requirements (such as the requirement to exhaust all domestic channels for resolving grievances), then that country may grant diplomatic protection.him in this case ,so the study highlights all aspects of these procedures among states in accordance with international lawPurpose: This review article aims to examine the concept of diplomatic protection for foreign investment in public international law. It explores the purpose, methodology, findings, research, practical and social implications, as well as the originality and value of this topic.Design/methodology/approach: Diplomatic protection for foreign investment is examined in this review article using literature, case studies, and legal frameworks. It uses international treaties, judicial rulings, and scientific publications to explain the topic.Findings: Diplomatic protection helps nations protect their people investing abroad, according to the review report. It covers diplomatic protection law, including exhaustion of local remedies, nationality requirements, and diplomatic channels. The article discusses nations and investors' diplomatic protection issues and restrictions.Research, Practical & Social Implications: The review article contributes to the existing body of knowledge by consolidating and analyzing various perspectives on diplomatic protection for foreign investment. It identifies gaps in the literature and suggests areas for further research, such as the impact of diplomatic protection on investment arbitration and the evolving role of non-state actors in this context. The review article discusses the practical implications of diplomatic protection for foreign investment, including the potential for resolving disputes, protecting investor rights, and promoting economic stability.Originality/Value: This examination of diplomatic protection for foreign investment under public international law is extensive. It synthesizes literature and legal frameworks to help researchers, practitioners, and policymakers comprehend diplomatic protection in foreign investment. The article's appraisal of current breakthroughs, identification of research gaps, and examination of practical and societal ramifications contribute to the continuing discussion on this important issue.