Download Britannica Discovery Library Volume 12 - Just for Fun by Pamela Dell (Author), Kathryn Harper and Mark Domke PDF

By Pamela Dell (Author), Kathryn Harper and Mark Domke (Editors)

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The settlement of the United States-Iranian property dispute has shown that the home State of the investor will not accept the host State's claim to be the sole judge of the legality of the taking and of the amount of compensation due (- United States-Iran Agreement of January 19, 1981 (Hostages and Financial Arrangements». The host State may take alien property for a public purpose by direct confiscation, expropriation or nationalization. However, the international law rules concerning the protection of alien property apply also to cases where the economic use of such property has been so seriously impaired by measures adopted or tolerated by the host State as to deprive the owner of the effective use of his property ("constructive taking", sometimes also referred to as "creeping nationalization").

D. URIBE-VARGAS, Los derechos humanos y el sistema interamericano (1972). L. SOHN and T. BUERGENTHAL, International Protection of Human Rights (1973) 1356-1374. c. GARciA-BAUER, La proyectada convenci6n interameriJ. CABRANES, T. cana de derechos humanos, in: Veinte anos de evoluci6n de los derechos humanos (1974) 425-461. BUERGENTHAL, The Revised OAS Charter and the Protection of Human Rights, AJIL, Vol. 69 (1975) 828-836. H. GROS-ESPIELL, Le systeme interamericain comme regime regional de protection internationale des droits de l'homme, RdC, Vol.

89), but many treaties subsequently concluded with other countries contained similar provisions. The question of the compulsory military service of individuals having dual nationality has always posed the need for particular rules to deal with it. This is so because under international law each State is entitled to impose on its nationals all the ordinary duties of citizens even if some of the individual citizens also possess another nationality. In order to avoid those hardships, treaties have often been concluded according to which military service in only one of the countries concerned can be required (see Probst, Zwischenstaatliche Abgrenzung der Wehrpflicht (1955) pp.

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