Examining the consular protection of nationals from the perspective of international judicial documents and procedures
- Author:
- Abdul Satar Merzaie
- Level:
- Master
- Field of study:
- Law
- Language:
- Farsi
- Faculty:
- Faculty of Law
- Year:
- 2023
- Publisher:
- URD Press
- Supervisor(s):
- Hossain Esmaili
- Advisor(s):
- Seyyed Mahmoud Andarzgou
Consular protection of nationals in the territory of the receiving state is an urgent and fundamental need for the sending state so that the rights of its nationals are not lost abroad and defend them during arrest, detention and court to get justice. For a long time, this protection has been one of the universally accepted legal principles, especially after the 1963 Vienna Convention on Consular Protection, and in the current situation, some of the articles of this convention have been turned into the mandatory rule of international law. Consular protection is all actions that consular officers perform in the territory of the receiving state and within the limits of international laws and regulations, the laws of the receiving country and bilateral agreements, in order to protect the rights and interests of nationals and the sending state. The interests of governments and nationals are not only limited within their territory, but also outside the country. Therefore, every country tries its best to preserve it. The Vienna Convention on the Duties of Consular Relations, which was approved by the United Nations General Assembly on April 24, 1963; It is about consular support this convention states that: Consular duties are to protect the interests of the sending state and its nationals, including natural and legal persons in the territory of the receiving state, to help develop commercial, economic, cultural and scientific relations between the sending state and the receiving state, and to develop friendly relations. between the two governments in any other way within the limits of the provisions of this convention. Foreign nationals have the right to be informed of their basic rights and to communicate with the consular authorities of their respective countries at the time of arrest and imprisonment by the authorities of the receiving government. If the authorities of the receiving country do not inform the citizens of their basic rights, they must pay compensation in case of loss. In the way of consular protection between some sending and receiving countries, there have been disputes from time to time and lawsuits and cases have been filed in the International Court of Justice. This court has dealt with lawsuits such as: the lawsuit of Mexico against the United States, the lawsuit of Paraguay against the United States, the lawsuit of Germany against the United States, the lawsuit of the United States against Iran, etc. and has issued judicial decisions. From the opinions issued by the International Court of Justice, it is understood that the Court has made all its efforts for a fair and non-discriminatory trial according to international regulations so that justice can be done. The purpose of this research is to express and how consular support for nationals abroad and stateless and multi-citizenship people, which started with the research plan and was discussed in four chapters and ended with the conclusion and references.