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The Relevant Period

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Chapter Summary

The rule of continuous nationality is well established in international law. The Tribunal has expressly spoken of a distinction between continuous nationality as a general requirement of law. In which case there might be room for some degree of flexibility in its application, and continuous nationality stipulated in the agreement from which the forum derives its jurisdiction, in which case it must be rigidly applied. The Tribunal’s practice, itself a result of the strict application of the rule, has been the determinant role given to formal conferment of nationality. The Tribunal has distinguished, the two separate issues of (i) the relevant period, and (ii) the span of time within which the pertinent facts in the life of a claimant could be taken into account. The limitation thus put on the relevance of facts belonging to post-relevant period has had significant consequences for many of the claimants before the Tribunal.

Keywords: claimants; continuous nationality; Full Tribunal; international law; jurisdiction



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