Chapter 2. The Commission of an Internationally Wrongful Act Affecting a National of the Predecessor State

Abstract

This chapter deals with the question whether the continuing State or the successor State can submit a claim for reparation for internationally wrongful acts committed by a third State (before the date of succession) which affected a national of the predecessor State who later became a national of the successor State. Because the internationally wrongful acts affected a national of that State, the issue involves the concept of diplomatic protection. The chapter explores the analysis of doctrine on this point. It examines the relevant State practice and case law. The traditional rule of diplomatic protection concerning the nationality of claims is the principle of nationality. In cases of State succession where the predecessor State ceases to exist (such as incorporation and unification of States, as well as dissolution of State), nationals of the predecessor State(s) will become nationals of the successor State(s) at the date of succession.Keywords: case law; continuing State; continuous nationality; diplomatic protection; internationally wrongful acts; predecessor State; State Succession; successor State