2011 Fiscal Year Final Research Report
The Function of"Nationality" in Diplomatic Protection and Investment Treaty Arbitration.
| Project/Area Number |
21830015
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| Research Category |
Grant-in-Aid for Research Activity Start-up
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| Allocation Type | Single-year Grants |
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| Research Field |
International law
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| Research Institution | Tohoku University |
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Principal Investigator |
INOSE Takamichi 東北大学, 大学院・法学研究科, 助教 (70552545)
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| Project Period (FY) |
2009 – 2011
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| Keywords | 投資紛争解決制度 / 投資条約仲裁 / 国籍 / 投資紛争解決センター / 外交的保護 |
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| Research Abstract |
In this research, a comparative study of the notion of"Nationality" was made in investment treaty system and in diplomatic protection system. In investment treaty system, Nationality has a role in the jurisdiction ratione personae, and in diplomatic protection system, it functions on decision of State of nationality. In principle, formal nationality is adopted in both systems. The function of"Nationality" in investment treaty system was affected from that in diplomatic protection. A certain character of investment treaty system as dispute settlement procedure has revealed in international legal system.
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