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Max Planck Encyclopedia of Public International Law [MPEPIL]

Continuous Nationality

John Dugard

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 06 February 2023

Diplomatic relations — Act of state — Jurisdiction of states, nationality principle

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 In order to bring a claim for diplomatic protection a State must establish that the person on whose behalf it brings the claim is a national of that State. This is known as the rule of the nationality of the claim. The rule of continuous nationality is a sub-rule of this rule and requires that a State may only exercise diplomatic protection on behalf of a person, natural or legal, who was a national at both the time of the injury in respect of which the claim is brought and at the time of the presentation of the claim or, possibly, the date of the judgment on...
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