Peculiarities of the diplomatic protection of crew members of a marine vessel

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Peculiarities of the diplomatic protection of crew members of a marine vessel

Journal Title: Альманах міжнародного права - Year 2017, Vol 17, Issue

Abstract

A common requirement for the exercise of the diplomatic protection by a state is the possession of this state’s citizenship by the person to whom such protection is granted. As an exception, in accordance with a generally accepted international practice, the diplomatic protec- tion can be provided by the state to foreign citizens who are members of the crew of a swimming under the flag of that state. The emergence of the practice of the seamen-foreigners’ diplomatic protection by the state of the flag can be explained by the presumption that all seafarers aboard the ship are citizens of the state of the flag, as well as the absence in some cases of reliable and thorough documentation regarding the crew members of the vessel. Recognition of this practice is a much simpler and more effective means of protecting all crew members than requiring that the states of nationality of crew members claim separate claims on behalf of their citizens.

Authors and Affiliations

М. А. КРИЛОВ

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EP ID EP443703
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