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Some Introductory and Orientational Remarks

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Chapter Summary

The issue of whether a dual national may, at the international level, asserts a claim against one of his States of nationality has long troubled the international law of claims. Indeed, ever since it was first addressed by a tribunal one or the other of two rules of customary international law has been said to be applicable. The first, known as the rule of ‘non-responsibility’, and the second known as the rule of ‘effective or dominant’ nationality. There are two main reasons for the present enquiry: first, to examine whether this deep-rooted problem of international law has been resolved by the Tribunal; and, second, to offer a systematic study of the application of the Tribunal’s proposed solution in individual instances. The outcome of the enquiry then allows an informed judgment to be made on the likely future impact of the Tribunal’s case law.

Keywords: customary international law; dual nationality; Tribunal’s case law

10.1163/ej.9789004156982.i-310.5
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