Claims of dual nationals and the development of customary international law : : issues before the Iran-United States Claims Tribunal / / Mohsen Aghahosseini.

• Superior document: Developments in international law ; v. 59
• Author: Aghahosseini, Mohsen.
• Year of Publication: 2007
• Edition: 1st ed.
• Language: English
• Series: Developments in international law ; v. 59.
• Physical Description: 1 online resource (320 p.)
• Notes: Description based upon print version of record.

The law governing the international claims of dual nationals relates to, and is influenced by, the wider subject of the individual’s standing at the international level. But while the latter had, as a result of modern trends in human rights, hugely improved as from the middle of the last century, no occasion to test its impact on such claims had arisen prior to the 1980's, when the Iran-United States Claims Tribunal - justifiably described as the most influential arbitral institution in the history of international adjudication - first became involved with the issue. The significance of the Tribunal’s jurisprudence on the subject is not, however, limited to the judicial support it gives to the international rights of the individual. Having made its basic findings of law on the subject, the Tribunal has proceeded to apply them, for some twenty years, to a host of Cases of widely different characters. The result is a wealth of material - comprehensively reviewed in this book for the first time - which is likely to be of some benefit to those interested in this area of international law.

Table of Contents

Some introductory and orientational remarks -- The two earlier awards by a chamber -- The case before the full Tribunal -- Some general comments on the decision -- The relevant period -- The criteria of dominance -- The 'important caveat' -- The likely impact of the Tribunal's jurisprudence.