Multiple nationality and claim against a State of nationality

Draft article 7 Multiple nationality and claim against a State of nationality

Multiple nationality and claim against a third State

Draft article 6 Multiple nationality and claim against a third State

It was stressed that States should avoid adopting laws which increased the risk of dual nationality, multiple nationality or statelessness.

20. The words at least in article 1 left open the possibility of multiple nationality.

2. Two or more States of nationality may jointly exercise diplomatic protection in respect of a dual or multiple national.

In cases of multiple nationality, the State of nationality that was predominant at the time both of the injury and of the official presentation of the claim should be entitled to exercise diplomatic protection against another State of nationality of the person concerned.

As noted by the Commission, the idea was not to encourage a policy of dual or multiple nationality, but rather to recognize that, for the persons concerned, dual nationality was probably less detrimental than statelessness.

73. Dual or multiple nationality, although not a universally accepted concept, was becoming an increasingly common phenomenon calling for a more pragmatic examination.

Article 4 defined the State of nationality for the purposes of diplomatic protection of natural persons article 5 dealt with the continuous nationality requirement for the exercise of diplomatic protection articles 6 and 7 dealt with the complex situation of multiple nationality and claims against a third State (art. 6) or against a State of nationality (art.

Like other Governments, the German Government pursued a policy of avoiding cases of dual or multiple nationality in accordance with a number of international obligations.

The draft as a whole did not attach enough importance to the issue of multiple nationality, which was a widespread phenomenon, in Europe in particular.

That realization led to a third principle, which was highlighted in the commentaries the neutrality of the draft articles with regard to the phenomenon of multiple nationality.

The same adaptability was apparent in the choices with regard to multiple nationality, drawing a distinction between the right to nationality of persons affected by mass displacement and that of the right of residence of those same persons in a specific place.

The issues involved in that part included the required legal linkage between an individual and a State as a prerequisite of espousal of claim, i.e. the question of nationality, including multiple nationality, the problem of statelessness, espousal claims of non nationals, etc.

The Commission appeared to have accorded greater importance to the former approach, so that the draft articles tended to promote cases of dual and multiple nationality, particularly where the right of option was not based on cooperation or exchange of information on nationality matters between States.

Multiple

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32. His delegation noted that the Commission acknowledged the possibility of dual or multiple nationality while providing rules for restricting the number of such cases, reflecting the needs of the times.

Indeed, in cases of State succession where there was more than one successor State, an obligation of result would lead to situations of dual or multiple nationality on a large scale.

Multiple Corners

Multiple discriminations

Multiple pages

Multiple Languages

Multiple Monitors

Multiple Desktops

Multiple Monitors

Multiple Views

Multiple keys

multiple star

Multiple Choice

Multiple Choice

Multiple Instances

Multiple selections

Multiple Selections

Multiple Folders

Multiple Folders

Multiple instance

Multiple Instances

Multiple transactions

Multiple monitors

(Nationality)