Do South Africans have a right to diplomatic protection?

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Periodical article

Title:	Do South Africans have a right to diplomatic protection?
Authors:	Erasmus, Gerhard Davidson, Lyle
Year:	2000
Periodical:	South African Yearbook of International Law
Volume:	25
Pages:	113-130
Language:	English
Geographic term:	South Africa
Subjects:	diplomatic law constitutions 1996
Abstract:	Despite the tenacity of the traditional, positivist, State-bound view of international law, the present author argues that the protection of the individual through the exercise of diplomatic protection requires some recognition under the international law of the rights of the individual. Analysis of the position of diplomatic protection under the 1996 Constitution of South Africa suggests that South Africans enjoy a certain right in this regard and that the South African executive has an obligation to grant protection to its nationals vis-à-vis foreign States. The right to citizenship is the constitutional basis for this protection and cannot be rendered ineffective solely because foreign policy may be involved. Notes, ref.