Abstract

Nationality provides the foundation for the protection of a person, be it natural or corporate, under international law. As such, it is an essential and also a complex concept. It is essential because it provides the crucial link between the State and physical or juridical persons that ties the substantive principles of international investment law (IIL) to those individuals who can benefit from them, and thus also grants them access to their rights and remedies. It is also a complex concept because it is both a domestic and an international concept and not neatly regulated. International law recognizes the right of a State to enact legislation domestically as to individuals who are entitled to nationality and to regulate those nationals even  when they are outside of its territory. International law also imposes broad limits to domestic legislation via international treaties, for example on efforts to reduce statelessness or to regulate dual nationalities. ...

Document Type

Book Chapter

Publication Date

2024

ISBN

9780192849922

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