Multiple nationality and claim against a third State

(a) The injured State has validly waived the claim

Multiple nationality and claim against a State of nationality

Draft article 6 Multiple nationality and claim against a third State

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

Notice of claim by an injured State

2. A State is no longer entitled to exercise diplomatic protection in respect of a corporation that acquires the nationality of the State against which the claim is brought after the presentation of the claim.

The State party has not contested this claim.

2. A State intervening to present a claim in a proceeding before a court of another State cannot invoke immunity from the jurisdiction of the court in respect of any counterclaim arising out of the same legal relationship or facts as the claim presented by the State.

Thus the provision of a remedy by a State party negates the basis for the international claim.

4. A State is no longer entitled to exercise diplomatic protection in respect of a person who acquires the nationality of the State against which the claim is brought after the date of the official presentation of the claim.

2. Any State entitled to invoke responsibility under paragraph 1 may claim from the responsible State

1. An injured State which invokes the responsibility of another State shall give notice of its claim to that State.

The State party observes that the claim for protection against possible future separation of the family unit was expressly referred to in the claim for a protection visa.

Presumably any such claim would be against the international community as a whole, rather than against a particular State.

State terrorism is being supported by those who claim to fight terrorism.

In the State party's view, the author's claim is therefore manifestly ill founded.

4.13 Concerning the claim under article 24, paragraph 1, the State party argues that this claim is also insufficiently substantiated, for purposes of admissibility.

3. A State making a counterclaim in a proceeding instituted against it before a court of another State cannot invoke immunity from the jurisdiction of the court in respect of the principal claim.

4.5 The State party points out, on this claim, that the complainant was unable to substantiate his claim for protection despite the opportunity to file two separate applications for a protection visa.

What was relevant was that the State bringing such a claim espoused the cause of its nationals and stated as much.

The State party concludes that the author cannot claim to be a victim within the meaning of article 1 of the Optional Protocol and that his claim under article 26 is therefore inadmissible ratione personae.

The Claimants assert that international law has consistently taken the view that injury to a national of one State by another State gives rise to a claim that belongs to the State of the national and not to the injured person.

They dispute the claim that they may institute civil proceedings for damages against the State party.

Can those individuals who do not wish to live in community claim freedom of movement within the receiving State, even whilst others claim the right to live in community?

The securities regulatory agency under the State Council should take corresponding measures to deal with customer s claim.

The author considers that the State party is abusing the legal process by introducing a claim that was not raised before the domestic courts.

1. A State instituting a proceeding before a court of another State cannot invoke immunity from the jurisdiction of the court in respect of any counterclaim arising out of the same legal relationship or facts as the principal claim.

4.2 The State party regards the claim under article 17 as inadmissible for failure to exhaust domestic remedies.

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.

1. A State may exercise diplomatic protection in respect of a stateless person who, at the date of injury and at the date of the official presentation of the claim, is lawfully and habitually resident in that State.

Prior to Soviet domination, Azerbaijan was not a de jure State, nor did it exert de facto control over the territories it laid claim to.

6.2 As to the claim that the State party violated the author's rights under article 19, the Committee considers that the author has failed to substantiate this claim, for purposes of admissibility.

2. Notwithstanding paragraph 1, a State may exercise diplomatic protection in respect of a person who is its national at the date of the official presentation of the claim but was not a national at the date of injury, provided that the person had the nationality of a predecessor State or lost his or her previous nationality and acquired, for a reason unrelated to the bringing of the claim, the nationality of the former State in a manner not inconsistent with international law.

The Panel considers that this is a claim for claim preparation costs.

4.2 The Committee notes that the author does not claim that he is a victim of the alleged violations of the Covenant by the State party.

However, the British Government has recognized Mauritius as the only State which has a right to assert a claim of sovereignty when the United Kingdom relinquishes its own sovereignty.

The State party therefore considers that the claim under article 14, paragraph 1, of the communication is manifestly ill founded.

5.3 The authors reject as groundless the State party's claim that they did not appeal the 18 April 1990 judgement.

4.3 On the merits of the article 17 claim, the State party observes that the proposed action is plainly lawful.

Some claim that the problem is that no State or organization has the jurisdiction to deal effectively with these problems.

As to the author's claim under article 7, the State party submits that the author makes a number of unspecified critical comments about the Dutch asylum proceedings.

Calls for violence, and for the destruction of any State, are manifestly inconsistent with any claim to be a mature and responsible member of the international community.

1. A State is entitled to exercise diplomatic protection in respect of a corporation that was a national of that State, or its predecessor State, continuously from the date of injury to the date of the official presentation of the claim. Continuity is presumed if that nationality existed at both these dates.

Where a claim is brought by a State in such a case, the State is not acting on behalf of the injured national but rather is asserting its own right to ensure compliance with the rules of international law in respect of its nationals.