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Salem Case.
Published online by Cambridge University Press: 01 January 2021
Abstract
State Responsibility — Denial of Justice — State Responsibility and Limitations of Sovereignty — Responsibility of Egypt for the Mixed Courts — Nationality of Claims — Right of Espousal — Interpretation of Arbitration Agreement — Grammatical and Historical Interpretation — Preparatory Work — Examination of Right of Citizenship by the Tribunal — Question of Fraud — Naturalisation and Loss of Original Nationality — Principal of Effective Nationality — Right of a State to Invoke Claimant’s Nationality of a Third State as a Bar to Proceedings — Exhaustion of Legal Remedies — Competence of Arbitral Tribunals to Enquire into the Question — Diplomatic Protection and Jurisdiction of Mixed Courts — Compensation for Breach of a “Unilateral” Treaty — Denial of Justice Through Alleged Faulty Judicial Procedure — Criminal Proceedings by Native Courts Against Persons Who Have Acquired the Nationality of a Capitulatory Power Since the Beginning of the Proceedings — Effect of Loss of Diplomatic Protection — Denial of Justice as the Result of Absence of Impartiality — Evidence — Admissibility of Sworn Affidavits.
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