Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The 'Important Caveat'

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter reviews about the formulation in A/18 speaks of the caveat as ‘relevant to the merits’ of a claim, and it says nothing about the scope of its application being limited to cases of fraudulent use. An alternative approach to the caveat – the functional approach, is adopted by the Tribunal in two of the cases before it. It offers its own solution to the jurisdiction versus merits controversy. The caveat enquiry under this approach is made as part of the search for the claimant’s most relevant nationality in the context of his claim, always leading, however, to a ruling on the claimant’s nationality. As to the scope of the caveat’s application, Iran maintained that each and every one of the rules of general international law precluded the consideration of the merits of a claim because of the claimant’s lack of good faith remained relevant.

Keywords: Caveat; claimant; fraudulent use; international law; Iran; jurisdiction; the functional approach; the Tribunal

10.1163/ej.9789004156982.i-310.35
/content/books/10.1163/ej.9789004156982.i-310.35
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Claims of Dual Nationals and the Development of Customary International Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation