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New PDF release: Claims of Dual Nationals and the Development of Customary

By Aghahosseini, M.

ISBN-10: 9004156984

ISBN-13: 9789004156982

ISBN-10: 9047421272

ISBN-13: 9789047421276

The legislation governing the overseas claims of twin nationals pertains to, and is stimulated by way of, the broader topic of the individual's status on the foreign point.

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Additional info for Claims of Dual Nationals and the Development of Customary International Law (Developments in International Law)

Example text

The purpose of the residency requirement is inter alia to ‘enable candidates to discard their foreign attachments’. D. WEISSBRODT, footnote 17 above, at 345. 20 The Two Earlier Awards by a Chamber petitioner for naturalization must acknowledge his ‘intention in good faith to become a citizen of the United States’ and ‘to reside permanently in the United States’. He must, further, take ‘the oath of renunciation and allegiance’. 22 A citizen may lose his United States citizenship because of ‘denaturalization’ or ‘expatriation’.

31, at 60. In the event, however, the issue turned out to be irrelevant in this second Case as well. This was because the Tribunal there came to the conclusion that the fair market value of IMICO at the time of the alleged expropriation was at, or below, zero. Hence, the issue of the validity of the claim based on Mr. Esphahanian’s shares was of no practical concern. Golpira v. S. R. 171, at 174-5. Mahmoud v. S. R. 350. There, the claim was rejected on the jurisdictional ground that the claimant had failed to establish her United States’ dominant and effective nationality during the relevant period.

This is borne out by the plain meaning of the text, which speaks of a ‘national’ of Iran or the United States, 1 Iran and the United States, Case No. S. R. 251. 34 The Case before the Full Tribunal and goes on to define this as, inter alia, ‘a natural person who is a citizen of Iran or the United States’. What the term ‘national’ ordinarily refers to is the normal status of a person with one nationality only, and not the abnormal status of a person with dual nationality. Besides, the text employs the disjunctive article or, and not the coordinating conjunction and: it states that a national is ‘a natural person who is a citizen of Iran or of the United States’, and not ‘a natural person who is a citizen of Iran and of the United States’.

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Claims of Dual Nationals and the Development of Customary International Law (Developments in International Law) by Aghahosseini, M.


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