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Diplomatic Protection$
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Chittharanjan F. Amerasinghe

Print publication date: 2008

Print ISBN-13: 9780199212385

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199212385.001.0001

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The Relevance of Nationality

The Relevance of Nationality

(p.91) 10 The Relevance of Nationality
Diplomatic Protection

Chittharanjan F. Amerasinghe

Oxford University Press

This chapter discusses nationality as a condition for the exercise of diplomatic protection. Topics covered include the determination of nationality, continuous nationality, dual and multiple nationality, the effective link theory, and stateless persons and refugees. It shows that the ILC has drafted a provision extending the principles of diplomatic protection adopted for corporations to other legal persons to take account of the different features of each legal person. Draft Article 13 of the ILC provides that the principles governing the State of nationality of corporations and the application of the principle of continuous nationality to corporations, contained in Draft Articles 9 and 10, respectively, apply ‘as appropriate’, to the diplomatic protection of legal persons other than corporations.

Keywords:   diplomatic protection, International Law Commission, continuous nationality, dual and multiple nationality, effective link theory, stateless persons, refugees

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