CHANGING APPROACHES TO THE NATIONALITY OF CLAIMS IN THE CONTEXT OF DIPLOMATIC PROTECTION AND INTERNATIONAL DISPUTE SETTLEMENT

Abstract

THE WELL DESERVED SERIES OF COLLOQUIA and studies organized to honor Dr. Ibrahim F. I. Shihata on the occasion of his retirement as Vice President and General Counsel of the World Bank, have provided an important opportunity to examine the trends that international law has been following in the transition from the twentieth to the twenty-first century. This contribution examines how the law relating to the nationality of claims has evolved in the context of diplomatic protection, and to what extent it is possible today to suggest new principles or approaches in this respect. The salient issues of the matter, the rules prevailing under traditional international law, and the changes that are intervening so as to establish trends, will be examined to this end and, where appropriate, new answers will be suggested. These thoughts are in part based on the work undertaken by the author for the Committee on Diplomatic Protection of the International Law Association.THE WELL DESERVED SERIES OF COLLOQUIA and studies organized to honor Dr. Ibrahim F. I. Shihata on the occasion of his retirement as Vice President and General Counsel of the World Bank, have provided an important opportunity to examine the trends that international law has been following in the transition from the twentieth to the twenty-first century. This contribution examines how the law relating to the nationality of claims has evolved in the context of diplomatic protection, and to what extent it is possible today to suggest new principles or approaches in this respect. The salient issues of the matter, the rules prevailing under traditional international law, and the changes that are intervening so as to establish trends, will be examined to this end and, where appropriate, new answers will be suggested. These thoughts are in part based on the work undertaken by the author for the Committee on Diplomatic Protection of the International Law Association.THE WELL DESERVED SERIES OF COLLOQUIA and studies organized to honor Dr. Ibrahim F. I. Shihata on the occasion of his retirement as Vice President and General Counsel of the World Bank, have provided an important opportunity to examine the trends that international law has been following in the transition from the twentieth to the twenty-first century. This contribution examines how the law relating to the nationality of claims has evolved in the context of diplomatic protection, and to what extent it is possible today to suggest new principles or approaches in this respect. The salient issues of the matter, the rules prevailing under traditional international law, and the changes that are intervening so as to establish trends, will be examined to this end and, where appropriate, new answers will be suggested. These thoughts are in part based on the work undertaken by the author for the Committee on Diplomatic Protection of the International Law Association.THE WELL DESERVED SERIES OF COLLOQUIA and studies organized to honor Dr. Ibrahim F. I. Shihata on the occasion of his retirement as Vice President and General Counsel of the World Bank, have provided an important opportunity to examine the trends that international law has been following in the transition from the twentieth to the twenty-first century. This contribution examines how the law relating to the nationality of claims has evolved in the context of diplomatic protection, and to what extent it is possible today to suggest new principles or approaches in this respect. The salient issues of the matter, the rules prevailing under traditional international law, and the changes that are intervening so as to establish trends, will be examined to this end and, where appropriate, new answers will be suggested. These thoughts are in part based on the work undertaken by the author for the Committee on Diplomatic Protection of the International Law Association.THE WELL DESERVED SERIES OF COLLOQUIA and studies organized to honor Dr. Ibrahim F. I. Shihata on the occasion of his retirement as Vice President and General Counsel of the World Bank, have provided an important opportunity to examine the trends that international law has been following in the transition from the twentieth to the twenty-first century. This contribution examines how the law relating to the nationality of claims has evolved in the context of diplomatic protection, and to what extent it is possible today to suggest new principles or approaches in this respect. The salient issues of the matter, the rules prevailing under traditional international law, and the changes that are intervening so as to establish trends, will be examined to this end and, where appropriate, new answers will be suggested. These thoughts are in part based on the work undertaken by the author for the Committee on Diplomatic Protection of the International Law Association.THE WELL DESERVED SERIES OF COLLOQUIA and studies organized to honor Dr. Ibrahim F. I. Shihata on the occasion of his retirement as Vice President and General Counsel of the World Bank, have provided an important opportunity to examine the trends that international law has been following in the transition from the twentieth to the twenty-first century. This contribution examines how the law relating to the nationality of claims has evolved in the context of diplomatic protection, and to what extent it is possible today to suggest new principles or approaches in this respect. The salient issues of the matter, the rules prevailing under traditional international law, and the changes that are intervening so as to establish trends, will be examined to this end and, where appropriate, new answers will be suggested. These thoughts are in part based on the work undertaken by the author for the Committee on Diplomatic Protection of the International Law Association.THE WELL DESERVED SERIES OF COLLOQUIA and studies organized to honor Dr. Ibrahim F. I. Shihata on the occasion of his retirement as Vice President and General Counsel of the World Bank, have provided an important opportunity to examine the trends that international law has been following in the transition from the twentieth to the twenty-first century. This contribution examines how the law relating to the nationality of claims has evolved in the context of diplomatic protection, and to what extent it is possible today to suggest new principles or approaches in this respect. The salient issues of the matter, the rules prevailing under traditional international law, and the changes that are intervening so as to establish trends, will be examined to this end and, where appropriate, new answers will be suggested. These thoughts are in part based on the work undertaken by the author for the Committee on Diplomatic Protection of the International Law Association.