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Article 25 (2)(a) ICSID Convention provides for a positive and a negative nationality requirement
The state’s domestic law determines nationality; international law, however, sets limits on the power of a state to confer nationality
The regime established under Article 25 ICSID Convention does not leave room for a test of dominant or effective nationality
All that is required is that the nationality requirement is fulfilled regarding the date of consent and the date of registration, no continuous nationality requirement is provided for
Where the IIT makes reference to national law in order to define nationality considerations of the effectiveness of the nationality do not apply
No foreign origin requirement is imposed by Article 25 ICSID-Convention
At the jurisdictional stage, a tribunal must establish whether the facts alleged by the claimant, if established, are capable of coming within those provisions of the IIT which the claimant has invoked
Protection of Investors under IITs
Applicability of IITs
Ratione Personae – Protected Investors
Natural Persons
Decisive Factors of Nationality
Where the IIT makes reference to national law in order to define nationality considerations of the effectiveness of the nationality do not apply
Admissibility
Prima Facie Case
At the jurisdictional stage, a tribunal must establish whether the facts alleged by the claimant, if established, are capable of coming within those provisions of the IIT which the claimant has invoked
Jurisdiction of the Centre (Articles 25-27)
Article 25
Jurisdiction Ratione Materiae
Investment
Further Problems
No foreign origin requirement is imposed by Article 25 ICSID-Convention
Jurisdiction Ratione Personae
Natural Persons
Defining Nationality According to National Law and International Law
The state’s domestic law determines nationality; international law, however, sets limits on the power of a state to confer nationality
The regime established under Article 25 ICSID Convention does not leave room for a test of dominant or effective nationality
Cases of Dual Nationality
Article 25 (2)(a) ICSID Convention provides for a positive and a negative nationality requirement
Nationality Requirements and the Relevant Dates Under the ICSID Convention
All that is required is that the nationality requirement is fulfilled regarding the date of consent and the date of registration, no continuous nationality requirement is provided for