با تاكيد بر مقوله تابعيت شركتها؛ شرايط حمايت ديپلماتيك از شركت ها در حقوق بين الملل

Conditions Governing Diplomatic Protection of Corporations with the Emphasis on the Nationality of Corporations

According to the ILC Draft Text on Responsibility of States for Internationally Wrongful Acts (Article f f), the responsibility of a State may not be invoked if: (a) The claim is not brought in accordance with any applicable rule relating to the nationality of claims; (b) The claim is one to which the rule of exhaustion of local remedies applies and any available and effective local remedy has not been exhausted. This provision shows the conditions of the exercise of Diplomatic Protection in international law. This article tries to consider the first condition (nationality of claims) in relation with corporations: Which state can exercise the diplomatic protection in the case of internationally wrongful acts against an corporation? Can we distinguish the personality of corporation from that of the shareholders? How can the nationality of corporations be determined