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- Publisher
- Brill
- Copyright
- © 2007 Koninklijke Brill NV, Leiden, The Netherlands
- ISSN
- 0902-7351
- eISSN
- 1571-8107
- DOI
- 10.1163/090273507X225738
- Publisher site
- See Article on Publisher Site
Abstract
© Koninklijke Brill NV, Leiden, 2007 DOI: 10.1163/090273507X225738 Nordic Journal of International Law 76 (2007) 153–183 NORDIC JOURNAL OF INTERNATIONAL LAW www.brill.nl/nord Obsolete and Unjust: The Rule of Continuous Nationality in the Context of State Succession Dr. Patrick Dumberry * 1. Introduction The traditional rule of diplomatic protection concerning the nationality of claims is the principle of ‘continuous nationality’: in order for a State to exercise diplomatic protection for a person, he/she must possess its nationality at the time of the commission of the internationally wrongful act and remains a national of that State at least until that State takes up his/her claim . In the context of State succession, the application of the rule of continuous national- ity results in neither the continuing State nor the successor State being able to exercise diplomatic protection on behalf of an individual which suffered damage as a result of an internationally wrongful act committed before the date of succession. The present paper addresses the issue whether or not the traditional rule of continuous nationality should apply in the spe- cific context of succession of States where individuals lose their nationality involuntarily . 1 In other words, does contemporary international law
Journal
Nordic Journal of International Law – Brill
Published: Jan 1, 2007