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

4 important questions on State Responsibility - responsibility for the treatment of non-nationals (aliens) - nationality of claims rule

Nationality in the context of state responsibility?

A state may only place a claim against another state on behalf of one of its nationals a state is free to decide whom it deems to be its national

What does the ICJ characterize nationality as?

A legal nond having as its basis a social fact of attachment, a genuine connection of existence, interests and sentiments together with the of reciprocal rights and duties

How can nationality be acquired ?

Most common ways

  • by descent from parents ( jus sanguinis)
  • by birth in the territory of the state (jus soli)
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What is said about stateless persons and refugees

States may exercise diplomatic protection in respect of stateless persons and refugees who at the date of injury and the date of presentation of claim are lawfully and habitually resident in that state.

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