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4 - Treatment of Individuals

Published online by Cambridge University Press:  23 February 2023

Arianna Whelan
Affiliation:
Graduate Institute of International and Development Studies, Geneva
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Summary

Following the finding in Chapter 3 that reciprocity encounters limitations when the subjects of a legal relationship are not equal, this chapter analyses the role of reciprocity in rules pertaining to the treatment of individuals in international law, assessing how reciprocity functions differently depending on who rights are owed to in different substantive areas of law. First looking at historical standards of treatment including those based on reciprocity and the use of the minimum standard of treatment, the chapter goes on to examine how reciprocity functions in national treatment and the most-favoured nation clause. The chapter then goes on to examine the treatment of individuals under human rights, international humanitarian law, and international investment law, analyzing the differences that arise in the role of reciprocity when the legal obligations in question are owed directly to individuals. The chapter ends with an examination of recent developments in diplomatic protection.

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Publisher: Cambridge University Press
Print publication year: 2023

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  • Treatment of Individuals
  • Arianna Whelan, Graduate Institute of International and Development Studies, Geneva
  • Book: Reciprocity in Public International Law
  • Online publication: 23 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781108980173.007
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  • Treatment of Individuals
  • Arianna Whelan, Graduate Institute of International and Development Studies, Geneva
  • Book: Reciprocity in Public International Law
  • Online publication: 23 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781108980173.007
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Treatment of Individuals
  • Arianna Whelan, Graduate Institute of International and Development Studies, Geneva
  • Book: Reciprocity in Public International Law
  • Online publication: 23 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781108980173.007
Available formats
×