Примеры использования Nationality of a third state на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
Unless they have the nationality of a third State, these persons would become stateless.
Those persons are candidates for statelessness,unless they have the nationality of a third State.
However, it places at a disadvantage those who, while having the nationality of a third State, also have“appropriate connections” other than residence with the successor State family ties, for example.
It shall not, however, withdraw its nationality before such persons acquire the nationality of the successor State, unless they have the nationality of a third State.
It leaves aside the question of the voluntary acquisition of the nationality of a third State, as it is beyond the scope of the present topic.
Under international customary law, successor States were bound to grant citizenship to all individuals permanently residing in the transitional territory,except those possessing the nationality of a third State.
However, in some cases the Tribunal indicated that if it could be proved that the claimant also possessed the nationality of a third State, it would be necessary to determine his or her dominant nationality. .
Further thought must be given to the question whether the flag State of a ship oraircraft had the right to exercise diplomatic protection on behalf of crew members holding the nationality of a third State.
However, paragraph 1 placed at a disadvantage those persons who, while having the nationality of a third State, also had“appropriate connections” other than residence with the successor State family ties, for example.
Judicial decisions on this subject, while inconclusive as most deal with the interpretation of particular treaties,tend to support the position that no claim may be brought by the State of nationality of the deceased person if the heir has the nationality of a third State.
If the Commission were to pursue that idea,it would have to find arguments proving that crew members holding the nationality of a third State had an effective link with the State of nationality of the vessel, aircraft or spacecraft.
The protection of crew members holding the nationality of a third State was adequately covered by the 1982 Convention on the Law of the Sea and, even if that were not the case, it would be preferable for the matter to be addressed within the framework of the law of the sea rather than as a general rule of diplomatic protection.
The expediency and legitimacy of extending diplomatic protection to crew members of vessels, aircraft orspacecraft who held the nationality of a third State was doubtful, as that approach was not supported in practice and went beyond the framework of customary international law.
This approach diverges from customary international law in that it does not extend the requirement of continuity of nationality beyond the date of official presentation of the claim to the date of resolution, except in cases where, subsequent to presentation, the injured person acquires the nationality of the respondent State or, as stated in the commentary,acquires the nationality of a third State in bad faith.
United States nationals who did not possess Italian nationality but the nationality of a third State can be considered"United States nationals" under the Treaty, even if their prevalent nationality was that of a third State. .
On the other hand, as the United Nations Convention on the Law of the Sea contained rules governing the status of ships and their crews,it was doubtful whether it was necessary to draft articles on the diplomatic protection of crew members who held the nationality of a third State, since that was a subject adequately covered by the Convention.
On another subject, it was necessary to determine whether protection given to crew members who held the nationality of a third State was a form of protection already covered by the Convention on the Law of the Sea or whether there was a need for recognition of the right to diplomatic protection vested in the State of nationality of the vessel.
His delegation had reservations regarding the proposal to extend the scope of diplomatic protection, which was based on the nationality principle, to include the crews of ships, aircraft andspacecraft holding the nationality of a third State; to do so might weaken the effectiveness of the politically sensitive draft articles.
The Commission would welcome the views of Governments as to whether protection given to crew members who hold the nationality of a third State is a form of protection already adequately covered by the 1982 Law of the Sea Convention or whether there is a need for the recognition of a right to diplomatic protection vested in the State of nationality of the ship in such cases?
Article 9 dealt with the renunciation of the nationality of another State as a condition for attribution of nationality, and article 10 with the loss of nationality upon the voluntary acquisition of the nationality of another State, without addressing the temporal element of when the loss of nationality should become effective orthe question of the voluntary acquisition of the nationality of a third State.
If the injured person has in bad faith retained the nationality of the claimant State until the date of presentation andthereafter acquired the nationality of a third State, equity would require that the claim be terminated, but the burden of proof will be upon the respondent State. .
The Commission had asked States to comment on the question whether protection given to crew members who held the nationality of a third State was a form of protection already adequately covered by the Law of the Sea Convention or whether there was a need for the recognition of a right to diplomatic protection vested in the State of nationality of the ship in such cases.
In a communication dated 20 May 2003 addressed to the International Law Commission, the United States Department of State associateditself with Watts' view, maintaining that its practice of providing diplomatic protection to crew members who hold the nationality of a third State"stemmed from United States opposition to British impressment of seamen on United States-flag merchant vessels sailing on the high seas, especially during the Napoleonic Wars.
With regard to the question posed by the Commission as to the right of the State of nationality of a ship to exercise protection on behalf of its crew andpassengers who held the nationality of a third State, that right, which was embodied in international maritime law, constituted a lex specialis and should not be covered by the draft articles under consideration.
The practice of States indicates that, in relation to a succession of States, the requirement of renunciation applied only with respect to the nationality of another State concerned, but not the nationality of a“third State”. See the Third report on nationality in relation to the succession of States, document A/CN.4/480, para.(31) of the commentary to draft articles 7 and 8 proposed by the Special Rapporteur.
Other issues should be examined in greater detail to see whether they should be excluded definitively;those included exceptions to the principle of nationality of claims, including diplomatic protection of crew members holding the nationality of a third State, protection by a State or an international organization of persons residing in territory under their administration or control, and protection by international organizations of their officials.
Draft article 13 did not deal properly with cases where the child of a person concerned who had not acquired any nationality was born on the territory of a third State.
No such problem arises, however, where one State of nationality seeks to protect a dual national against a third State.
It was observed that, while a change of nationality of persons habitually resident in a third State would not affect their status as permanent residents, it might affect their rights and duties.
It was observed that while a change of nationality of persons habitually resident in a third State would not affect their status as permanent residents, it might affect their rights and duties. A/CN.4/483, para. 30.