State responsibility - The treatment of foreign nationals
10 important questions on State responsibility - The treatment of foreign nationals
When does denial of justice exist?
What is the 'international minimum standard'?
What is the 'national standard'?
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Name one pro and one con of the 'national standard'.
What does the right of 'diplomatic protection' of a state's nationals mean?
In which special cases may the state of nationality of the shareholders be entitled to bring a claim even though it is indeed the company itself that has been injured?
- If the company no longer exists as a distinct legal person.
- If the state of nationality of the company is unable to protect the company.
- If it is the state of nationality of the company that caused the injury in first place.
What is exhaustion of local remedies?
What are the purposes of the rule of exhaustion of local remedies?(3)
- The rule is essentially practical in that it ensures that international tribunals are not engulfed by inter-state claims that could have been more easily and more profitably dealth with at local level.
- To prevent 'forum hoping'.
- To encourage the efficient administration of justice.
What is a 'Calvo clause'?
What is the purpose of a 'Calvo clause'?
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