ISBN:
9789004156982
Language:
English
Pages:
Online-Ressource (ix, 302 p)
,
25 cm
Edition:
Online-Ausg.] Brill Nijhoff E-Books Collections : Human Rights and Humanitarian Law ; International Law 2006-2008
Series Statement:
Developments in international law
Series Statement:
Nijhoff eBook titles 2007
Parallel Title:
Erscheint auch als
DDC:
342.08/3
Keywords:
Iran-United States Claims Tribunal
;
Arbitration and award, International
;
Conflict of laws Citizenship
;
Dual nationality
;
Dual nationality
;
Iran Claims vs. United States
;
United States Claims vs. Iran
Abstract:
Preliminary Material -- Chapter 1. Some Introductory and Orientational Remarks -- Chapter 2. The Two Earlier Awards by a Chamber -- Chapter 3. The Case before the Full Tribunal -- Chapter 4. Some General Comments on the Decision -- Chapter 5. The Relevant Period -- Chapter 6. The Criteria of Dominance -- Chapter 7. The ‘Important Caveat’ -- Chapter 8. The Likely Impact of the Tribunal’s Jurisprudence -- Bibliography -- Table of Cases -- Annex -- Index.
Abstract:
The law governing the international claims of dual nationals relates to, and is influenced by, the wider subject of the individual’s standing at the international level. But while the latter had, as a result of modern trends in human rights, hugely improved as from the middle of the last century, no occasion to test its impact on such claims had arisen prior to the 1980s, when the Iran-United States Claims Tribunal - justifiably described as the most influential arbitral institution in the history of international adjudication - first became involved with the issue. The significance of the Tribunal’s jurisprudence on the subject is not, however, limited to the judicial support it gives to the international rights of the individual. Having made its basic findings of law on the subject, the Tribunal has proceeded to apply them, for some twenty years, to a host of Cases of widely different characters. The result is a wealth of material - comprehensively reviewed in this book for the first time - which is likely to be of some benefit to those interested in this area of international law
Note:
Includes bibliographical references (p. [267]-273) and index
,
Some introductory and orientational remarks -- The two earlier awards by a chamber -- The case before the full Tribunal -- Some general comments on the decision -- The relevant period -- The criteria of dominance -- The 'important caveat' -- The likely impact of the Tribunal's jurisprudence
DOI:
10.1163/ej.9789004156982.i-310
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