Примеры использования A state of nationality на Английском языке и их переводы на Русский язык
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Against a State of nationality 183.
Multiple nationality and claim against a State of nationality.
A State of nationality 43.
Draft article 7-- Multiple nationality and claim against a State of nationality.
Draft article 7 is framed in negative language:"A State of nationality may not exercise diplomatic protection… unless" its nationality is predominant.
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Predominant nationality was the approach taken in draft article 7 in respect of multiple nationality and claim against a State of nationality.
According to paragraph 471 of the report,the real issue was whether a State of nationality lost the right to protect an individual if that individual habitually resided elsewhere.
Despite the existence of some practice to the contrary, the same view could be taken of the rule on multiple nationality and claims against a State of nationality contained in draft article 7.
Article 6 is framed in negative language:"A State of nationality may not exercise diplomatic protection… unless" its nationality is predominant.
It is therefore necessary to address the question of the exercise of diplomatic protection by a State of nationality in respect of a dual or multiple national.
Canada rejected the notion that a State of nationality could not exercise diplomatic protection for a person in respect of a State of which that person was also a national.
The effective or dominant nationality principle has also been applied where a State of nationality seeks to protect a dual national against a third State. .
Paragraph 1 allows a State of nationality to exercise diplomatic protection in respect of its national even where that person is a national of one or more other States. .
No other State should be entitled to invoke the effective link concept in order toreject the procedural endeavours of a State of nationality to protect its national, provided only that the nationality had been legally granted.
With regard to the question whether a State of nationality could put forward a claim against another State of nationality, the answer was in the negative, unless otherwise agreed.
States may look at the result of the review and ask how often their contribution made a difference, but the Committee almost invariably acceded to a recommendation from a State of nationality or residence or incorporation to retain a name on the List.
Draft article 12 restates the customary international law rule that a State of nationality of shareholders can exercise diplomatic protection on their behalf when they have suffered direct losses.
A State of nationality may exercise diplomatic protection in respect of a person against a State of which that person is also a national if there is a genuine link between that person and the former State, both at the time of the injury and at the date of the official presentation of the claim.
Seen differently, circumstances existed which were recognized as according a State of nationality the competence to operate beyond the limits of its territorial jurisdiction, in particular in matters concerning its nationals or property.
A State of nationality may not exercise diplomatic protection in respect of a person against a State of which that person is also a national unless the nationality of the former State is predominant, both at the time of the injury and at the date of the official presentation of the claim.
In all 161 names were considered for de-listing during the review, based on the recommendations of 24 different States, whether a Committee member,a designating State or a State of nationality or residence or incorporation or location for entities.
With regard to the question whether a State of nationality could put forward a claim against another State of nationality, for some delegations, the answer was in the negative, unless otherwise agreed.
It was noted that the futility of local remedies was a complex issue because it involved a subjective judgement and because of its relationship tothe burden of proof; it raised the question of whether a State of nationality could bring a claim before an international court on the sole assumption that local remedies were for various reasons futile.
For the purposes of diplomatic protection of corporations, a State of nationality means a State under whose law the corporation was formed and in whose territory it has its registered office or the seat of its management or some similar connection.
With regard to article 21, concerning the protection of legal persons other than corporations, Morocco considered that, although the provisions on corporations should apply mutatis mutandis to other legal persons, a more in-depth analysis should be made of the structure andoperating arrangements of non-governmental organizations before opening the way for their diplomatic protection by a State of nationality.
For example, it might be permissible for a State of nationality to be entitled to claim against another State whose nationality the individual possessed, if the latter State did not belong to a regional or global human rights mechanism.
A State of nationality may not exercise diplomatic protection in respect of a person against a State of which that person is also a national unless the nationality of the former State is predominant, both at the date of injury and at the date of the official presentation of the claim.
Even the Court had not explicitly taken a stand on the question whether ornot there was an exception to the general rule that would enable a State of nationality of shareholders to exercise diplomatic protection on behalf of those shareholders in situations in which the State of nationality of the corporation was responsible for the alleged injury to the corporation: indeed, the Court had been divided on the issue.
Where a State of nationality of shareholders seeks to intervene on behalf of its nationals in the circumstances set out in articles 18(b) and 19 and, in most instances, those of article 18(a)(subject to the grey zone scenario described in paragraph 85), it will have to comply with the requirements of the continuity rule prescribed in article 4.
For the purposes of the diplomatic protection of a natural person, a State of nationality means a State whose nationality that person has acquired, in accordance with the law of that State, by birth, descent, naturalization, succession of States or in any other manner, not inconsistent with international law.