Abstract
This article examines nationality as a condition governing the admissibility of international claims and the invocation of the international responsibility of States. Drawing on scholarly doctrine and international jurisprudence, it analyzes the relevance of the International Law Commission’s 2006 Draft Articles on Diplomatic Protection for determining the nationality of claims brought by both natural and juridical persons in investor–State dispute settlements (ISDS). Although the Draft Articles were developed in the context of diplomatic protection and have not been explicitly applied in ISDS practice, this article argues that their nationality provisions remain highly relevant. In particular, they provide principled guidance for assessing the admissibility of claims and, by extension, jurisdiction ratione personae in investor–State disputes involving questions of claimant nationality.
Keywords: investor–State dispute settlements, nternational Law Commission’s 2006 Draft Articles on Diplomatic Protection, diplomatic protection, investor State
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