Claims of Dual Nationals and the Development of Customary by Aghahosseini, M.

By Aghahosseini, M.

The legislation governing the foreign claims of twin nationals pertains to, and is encouraged via, the broader topic of the individual's status on the foreign point.

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J. , Supplement (1919), 151; 22 USBS 43. The Universal Declaration of Human Rights, G. A. Res. 217 A (III), UN GAOR (Resolution, part 1), at 71, UN Doc. A/810 (1948). S. R. 251. Chapter 3 37 parties’ suggestion and its own precedents,10 that the Algerian Declarations constitute a treaty under international law and as such may be interpreted in accordance with the pertinent provisions of the Vienna Convention on the Law of Treaties (1969),11 Article 31 of which states, as noted before, that ‘[a] treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose’.

A. 59 Proceeding to apply these findings on law to the facts of the Case, the majority first ‘framed the jurisdictional issue’ before the Chamber. That issue, said the majority, was whether Esphahanian’s factual connections with the United States ‘in the period preceding, contemporaneous with and following his naturalization as a United States citizen’ were more effective than his factual connections with Iran during the same period. A review of such connections then led the majority to conclude that although Esphahanian’s contacts with Iran had been ‘significant’, his factual connections with the United States had been stronger.

Rusk, 87 S. Ct. 1660, decided by the Supreme Court in 1967. In 1988, Congress amended the INA to reflect the Court’s ruling in Afroyim. The law now provides that a person shall lose his United States nationality by ‘voluntarily performing [an expatriating act] with the intention of relinquishing United States nationality’. § 349 (a) of the INA (1952) See D. WEISSBRODT, footnote 17 above, at 391-93. A 1996 legislation provides a new exclusion ground: persons determined by the attorney general to have renounced United States citizenship ‘for the purpose of avoiding taxation’.

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