Development Of International Law On Settlement Of Nationality Disputes

For natural persons and legal persons, one of the most important functions of nationality in international law is utilizing it to initiate international claims including diplomatic claim and international investment treaty claim. In diplomatic protection, International law has established some important principles addressing nationality disputes, these principles not only have profound impacts to tribunals in international investment arbitration, but also being greatly developed and supplemented in the jurisprudence of international investment law. For natural persons, this development is indicated in different applications of the principle of “genuine link” by international courts and tribunals; for legal persons, since “nationality planning” has become the most controversial issue in today’s international investment protection, it has been extremely developed in this jurisprudence in terms of having new principles and changing those already existed. Understanding and studying how international law developed on the issue of nationality disputes would provide more practical skills to states during investment treaty drafting, more appropriate methods to tribunals during resolution of such disputes, and more legal and effect strategies to investors during international investment.