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Some General Comments on the Decision

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Chapter Summary

The concept of nation-State continues to govern international relations, significant developments since the Second World War, particularly in the field of human rights, have considerably strengthened the role of the individual on the international plane. The Iran-United States Claims Tribunal, being one such tribunal, was likewise expected to respect the terms of the bilateral agreement, the Algerian Declarations, on the basis of which it was established. In the entire text of the Decision only two Cases of Nottebohm and Mergè, both decided in 1955, are considered, and very briefly at that. Under the Algerian Declarations, it was there held, the claim of a dual national of Iran and the United States may be heard if the claimant can establish that during the relevant period his dominant nationality was that of the claimant State and, further, that his claim met the test of the caveat.

Keywords: Algerian Declarations; human rights; Iran-United States Claims Tribunal; Mergè; Nottebohm; Second World War

10.1163/ej.9789004156982.i-310.21
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