Nationality Cases Before International Courts and Tribunals

Abstract

Nationality is relevant in international law because international rights and obligations result from this link between the State and its nationals. For instance, the so-called ‘nationality claim rule’ states that, in case of international disputes arising from injuries to persons, natural or legal, claims in the exercise of diplomatic protection may be brought only by the national State of the injured person. Determining the nationality of the claimant is often the first jurisdictional step for international courts and tribunals in order to ascertain the locus standi of States in cases concerning the exercise of diplomatic protection, but also concerning the admissibility of a claim brought directly by an investor (natural or legal person) before an arbitral tribunal.

Consequently, international courts and tribunals have to appreciate the connection between the State and the natural or legal person invoking their nationality. They consistently develop a considerable case law concerning nationality of both natural persons (analyzed in Part I) and legal persons (analyzed in Part II).