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The Likely Impact of the Tribunal's Jurisprudence

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Chapter Summary

This chapter focuses on the thoughts on the possible future impact of the Tribunal’s jurisprudence. It briefly addresses about the results of three considerations, namely: the status of the law prior to the Tribunal’s jurisprudence; the authority of the Tribunal itself; and the intrinsic value of what the Tribunal advocated. Those States that are unwilling to face their nationals before international tribunals will in future make sure that their unwillingness is reflected in the dispute settlement agreements to which they adhere, and that where this is not done, the rule of dominant nationality will likely be upheld. It is in the areas of the application of the rule of dominant nationality that the Tribunal’s jurisprudence will probably have its most impact.

Keywords: dominant nationality; dual nationals; international arbitral remedies; Iran; tribunal’s jurisprudence; United States



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