Niloofar Saeedi; Pouria Askary
Abstract
Sometimes foreign investors after the dispute have arisen or when it is predictable and with the intention of bringing the dispute to arbitration, change their nationality or acquire new nationality. The phenomenon called Nationality Planning eases foreign investors’ access to a desirable treaty ...
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Sometimes foreign investors after the dispute have arisen or when it is predictable and with the intention of bringing the dispute to arbitration, change their nationality or acquire new nationality. The phenomenon called Nationality Planning eases foreign investors’ access to a desirable treaty and increases the chance of bringing disputes against host states.So host states try to avoid these disputes by raising objections to Ratione Temporis or claiming abuse of rights. Arbitration tribunals’ approach towards their Ratione Temporis and abuse of rights is material in host states’ success in limiting Nationality Planning. So the question to be answered is that what requirements are considered by arbitrations in determining Ratione Temporis and abuse of rights and how these two are different. Arbitral precedent shows that these tribunals make distinction between cases of nationality planning contrary to their Ratione Temporis and cases that are considered as abuse of rights. However, in practice their strict approach results in limited acceptation of objections to Ratione Temporis or abuse of rights claims.
niloofar saeedi; pouria askary
Abstract
International human rights NGOs undertake a wide range of activities to monitor the implementation of human rights in all parts of the world. These organizations, inter alia, gather information of human rights violations, protect victims of abuses and also pave the way for cooperation or in some cases ...
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International human rights NGOs undertake a wide range of activities to monitor the implementation of human rights in all parts of the world. These organizations, inter alia, gather information of human rights violations, protect victims of abuses and also pave the way for cooperation or in some cases encounter with those States or non-state entities which have violated their international commitments and obligations. International NGOs, by shaping the public opinion and provide technical support for human rights education programs, work to promote and protect the international norms of human rights. NGOs, have almost succeeded to stabilize their place in international judicial and criminal system and in many occasions accompany the victims as amicus curiae or even in certain cases they participate in the hearings as the complainant. Furthermore, in recent years, they have had an important role in initiating the formulation of drafts of most of the human rights treaties and have encouraged the States to ratify these international instruments. This article has a descriptive and analytical approach and aims to present an overall overview of the recent developments.
