Nationality Cases Before International Courts and Tribunals

Max Planck Encyclopedia of Public International Law, Forthcoming

12 Pages Posted: 12 Feb 2012 Last revised: 23 Apr 2013

See all articles by Seline Trevisanut

Seline Trevisanut

Netherlands Institute for the Law of the sea, Utrecht University School of Law; Utrecht University - School of Law

Date Written: May 1, 2011

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).

Suggested Citation

Trevisanut, Seline, Nationality Cases Before International Courts and Tribunals (May 1, 2011). Max Planck Encyclopedia of Public International Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2002678

Seline Trevisanut (Contact Author)

Netherlands Institute for the Law of the sea, Utrecht University School of Law ( email )

Achter Sint Pieter 200
Utrecht, 3512 HT
Netherlands
31 (0) 302 53 37 96 (Phone)

HOME PAGE: http://www.uu.nl/rebo/medewerkers/STrevisanut/0

Utrecht University - School of Law ( email )

3508 TC Utrecht
Utrecht
Netherlands

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
223
Abstract Views
1,141
rank
144,155
PlumX Metrics