Примеры использования Dominant nationality на Английском языке и их переводы на Русский язык
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The injured person does not have the effective and dominant nationality of the State.
According to one view, the term"dominant nationality" was preferable to"effective nationality" in situations of dual nationality. .
In this case, expulsion should preferably be to the State of dominant nationality.
The weight of authority supports the dominant nationality principle in matters involving dual nationals.
Another possibility would be to establish an order of preference based on the dominant nationality principle.
On that basis, draft article 6 incorporated the principle of effective and dominant nationality and set aside the principle of non-responsibility, an approach which was acceptable.
He agreed in principle with the solutions adopted in those articles, especially the extension anddevelopment of the principle of effective or dominant nationality.
Draft articles 5, 6 and7 dealt with the problem of determining the effective or dominant nationality of individuals possessing dual or multiple nationality. .
The Milani, Brignone, Stevenson and Mathinson cases decided by the Venezuelan Arbitral Commissions between 1903 and1905 also support the dominant nationality principle.
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.
As demonstrated by the decisions of the Iran-United States Claims Tribunal,academic opinion is divided on the dominant nationality test in claims involving dual nationals.
Inevitably the application of the principle of effective or dominant nationality in cases of dual nationality will invoke a balancing of the strengths of competing nationalities. .
His delegation maintained an open mind on the issues raised in draft articles 6, 7 and8 with regard to multiple and dominant nationality and stateless persons and refugees.
Another institution which gives support to the dominant nationality principle is the United Nations Compensation Commission established by the Security Council to provide for compensation for damages caused by Iraq's occupation of Kuwait.
However, it is undeniable that, as the de Brissot and de Hammer case demonstrates,there are decisions that adopt the dominant nationality principle which reject the claims of nationals of the victorious Powers.
It was suggested that the Commission could, for example, consider the possibility of applying general principles such as res judicata orestablishing an order of preference based on the dominant nationality principle.
On that basis, draft article 6 incorporated the principle of effective and dominant nationality and set aside the principle of non-responsibility, an approach with which she fully agreed.
The determination of dominant nationality can prove to be particularlydifficult in certain cases, as the person subject to expulsion can have more than one dominant nationality, considering that the criterion is"habitual residence", or even, in addition, economic interests.
Draft article 7 reflected the rule enshrined in article 5 of the 1930 Hague Convention and subsequent jurisprudence,namely that the State of an individual's dominant nationality could exercise diplomatic protection on his or her behalf.
In addition, since that time the principle of effective or dominant nationality had emerged, as found in case No. 18 of the Iran-United States Claims Tribunal and in the Mergé case decided by the Italian-United States Conciliation Commission.
The interpretation of the above decisions has been questioned by Iranian judges in the Iran-United States Claims Tribunal,who have concluded that the correct interpretation of some of these cases(even those commonly interpreted in support of the dominant nationality doctrine) supports the doctrine of the non-responsibility of States for claims of dual nationals.
However, since that time the principle of effective or dominant nationality had emerged, as found in Case No. 18 of the Iran-United States Claims Tribunal and in the Mergé case decided by the Italian-United States Conciliation Commission.
Article 7 was considered to reflect the rule enshrined in article 5 of the 1930 Hague Convention and subsequent jurisprudence,namely that the State of an individual's dominant nationality could exercise diplomatic protection on his or her behalf and it did not go beyond what was already said in draft article 5.
In practice, the dominant nationality doctrine had been upheld only after major crises when it was necessary to compensate for harm suffered by national economies by dividing the total damage into a series of individual claims, a situation which might not be classified as diplomatic protection.
She also agreed with the content of draft article 7,which was likewise based on the principle of effective and dominant nationality and on recent case law, as well as on article 5 of the 1930 Hague Convention, a provision which had been unanimously accepted.
It was also noted that, in practice, the dominant nationality doctrine had been upheld only after major crises when it was necessary to compensate for harm suffered by national economies by dividing the total damage into a series of individual claims, a situation which might not be classified as diplomatic protection.
We must consider the Assembly as an institution, it is a social contract between society andthe authorities, which are not delegated not by indigenous or dominant nationality but a national ethnic mosaic of the ideas, which is typically very difficult to reconcile with each other", the expert said.
The statement that"any doubt about the existence of effective or dominant nationality between the claimant State and the respondent State should be resolved in favour of the respondent State"(A/55/10, para. 474) was hardly satisfactory and, in fact, cast further doubt on the usefulness of the provision.
The latest edition of Oppenheim's International Law, which endorses the rule contained in article 4 of the 1930 Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws(which it states is"probably" a rule of customary international law), concedes that the conflict between articles 4 and 5 of the 1930 Hague Convention is often settled in favour of article 5 in cases involving one State of nationality against the other,provided the dominant nationality of the individual is that of the claimant State.
With regard to draft article 6,it should be stressed that the principle of effective or dominant nationality in cases of dual nationality might be applicable where diplomatic protection was exercised by one of the States of nationality against a third State.