- Def + framework
-
NATIONALITY
-
WHO IS
- DETERMINE
-
ACQUIRE N
-
@birth
- JUS SOLI
- JUS SANGUINE
-
Afterbirth...eeeww
- NATURALISATION
- MARRIAGE
- TRANSFER OF TERRITORY
-
TYPES OF N
- Natural Person
- LEGAL PERSON
- ships+planes
- ON B1/2
-
CAPACITY
- 1930 Hague
- Genuine Link
- Effective Nationality
- ST8less
-
CONTRARY
- identifying the legal wrong
- DELICT | CRIME | BREACH?
- RISK | or FAULT?
- circumstances precluding wrongfulness
-
OTHER STATE
-
attribution
- ULTRA VIRES
- INSURRECTIONARIES
-
Specific harms
- TREATMENT OF ALIENS
-
EXPROPRIATION
- WHAT IS?
- (UN)LAWFUL?
- COMPENSATION 4 lawful
- compensation for UNLAWFUL
- comp for ILLEGAL
-
NO SATISFACTION
- CALVO CLAUSE
- Act of ST8 Doctrine
-
REMEDIES
- Subtopic 1
-
Injury to NATIONAL
-
EXCEPTIONS
- only applys to nationals:Arrest Warrant case
-
NATIONALITY
- DETERMINATION done via domestic laws of state of national: Nationality Decree in TUNIS v MORROCCO
-
ACQUISTION
- @birth
-
Afterbirth
- naturalisation
- marriage
- transfer of territory
-
Who is?
- Natural person
-
Legal Person
- Barcelona Light Power and Traction Company - Only state where company registered can bring claim
- Romano-Americano (US v UK) - specific circumstances under which state can bring claim
- Mexican Eagle - Shareholders can bring claims!
- Ahmadou Diallo (Guinea v DR Congo)
-
Ships+Aircraft
- M/V Saiga - St8 of vessel nationality determines condition of nationality
- Aircraft - St8 can bring claim for injury to aircraft
-
claim ON BEHALF OF national
- on b1/2 of citizen suggested in Mavrommatis
- backed up in Administrative Decision 5 (US v Germany)
- Rustomjee v Queen says state bring claim for ITSELF
- Panevezys-Saldutiskis Railway - can only bring claim on behalf of its own national
-
capacity to bring claim (NATIONALITY LINK)
-
criteria:Hague Convention 1930
-
1
- state sets its own laws concerning test for nationality; all other states must accept
-
2
- 2 determine a persons nationality must use its st8 laws
-
3
- person with multiple nationalities = may b regarded as national of each st8
-
4
- no diplomatic protection to citizen of st8 against st8 that Citizen already has N of
-
5
- as it concerns a third st8. Ctzn with 2N will be dtrmd 2 b citizen of st8 he is most closely connected to
- genuine link
- effective nationality
- consequences of LOSS OF NATIONALITY