State Responsibility - responsibility for the treatment of non-nationals (aliens)

13 important questions on State Responsibility - responsibility for the treatment of non-nationals (aliens)

When may nationals of EU be denied admissions of other member states?

Only in specifically defined circumstances.

What is endorsed in the UN general assembly about non-nationals?

The fundamental human rights which the host state is to observe in its treatments of non-nationals

What is the rule of national treatment standard

A host state should treat non-nationals in thesame way it treats its own national.
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When is the international minimum standard breached?

Treatment of foreign nationals must fall so short of established acceptable behaviour that every reasonable andinpartial man would readily recognize its insufficiency.

What should expropriation to be valid?

Should be for public purposes, should not be discriminatory, should be accompanies by  compensation assessed in accordance with the rules in forde in the appropriate state and international law.

What is discrimination in IL

nationalisation Which discriminates against foreigners, foreigners of a particular nationality and or particular foreigners has been regarded by developed states as contrary to international law

What is appropriate compensation?

Assessed in the light of circumstances specific to the particular case.

What should happen in the event of adispute over compensation?

Unless otherwise mutually agreed  decided by the domestic law of the nationalising state.

What is stated under lump-sum settlements?

Expropriating state agrees to pay the investor state a lump sum in respect of all subsistingclaims by nationals of the investor state

Rule of contract between state and non-national?

Governed by the nationallaw of the former rarely involve international law

What is the calvo clause?

Non-nationals accepted in advance that in the event of a dispute they would not attempt to invoke the assistance of their national state. ( denies state of its right of exercising diplomatic protection on behalf of one of its nationals

What is the rule of claims regarding shareholders

State may not pursue a claim on behalf of nationals who suffer injury as a consequence of a measure taken agaisnt foregin compainies in which they own shares

Local remedies must be exhausted before diplomatic protection is afforded, or before recoursemay be made to international processes

  • To allow the states concerned the opportunity to afford redress within its own legal system
  • to reduce the number of possible international claims
  • respect for the sovereignty of states

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