The Diplomatic Protection of Citizens Abroad, Or the Law of International Claims (Classic Reprint)

Excerpt from The Diplomatic Protection of Citizens Abroad, or the Law of International Claims

With the drawing together of the world by increased facilities for travel and communication, the number of persons going abroad for purposes of business or of pleasure has steadily increased. Coincident ally, an increasing amount of capital, American as well as European, has been seeking investment in foreign countries, and the growth of international commerce and intercourse has resulted in the creation of vast commercial and other interests abroad. These movements of men, money, and commodities, while of economic advantage to. The exploiting and to the exploited country and establishing bonds of mutual dependency between them, also create occasional friction: The individual, abroad finds himself in legal relation to two countries, the country of which he is a citizen, and the country in which he resides or establishes his business. From the point of View of the one, he is a citizen abroad; from the point of View of the other, he is an alien. The common consent of nations has established a certain standard of conduct by which a state must be guided in its treatment of aliens. In the absence of any central authority capable of enforcing this standard, international law has authorized the state of which the individual is a citizen to vindicate his rights by diplomatic and other methods sanctioned by international law. This right of diplomatic protection constitutes, therefore, a limitation upon the territorial jurisdiction of the country in which the alien is settled or is conducting business.

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