1932

AT

Salem Case Egypt v US

Claim by the US against Egypt on Behalf of George Salem, who was born in Egypt, from a father of Persian nationality, Salem subsequently became American. He basically resided in Egypt. US denied any allegiance when Salem was involved in criminal proceedings because of forgery in connection with the inheritance from his father who died as a Persian subject. In 1919 Salem obtained an Egyptian passport to go to England. He went through Paris, where he obtained an emergency American passport. In the US he obtain a regular American Passport. After that he applied to the Egyptian authorities for the discontinuance of the criminal proceedings under grounds of his American nationality. Salem instituted a case in Egypt against Egyptian government claiming damages out of the criminal proceedings. Egypt claimed that the American nationality was obtained by fraud since he never asked the consent of Egypt and therefore remained Egyptian In the present arbitration it was asked for the US and Egypt, if Egypt under principles of law and equity was liable in damages to the US on account of the treatment to the American citizen Salem?

Effective nationality was used in the famous Canevaro Case 1912, if two powers are entitled by IL to treat a person as their national, neither of these powers can rise a claim against the other in the name of such person. The Egyptian government need not refer to the rule of effective nationality to oppose the American claim if they can only bring evidence that Salem was an Egyptian subject and that he acquired the American nationality without the express consent of the Egyptian government, however the Egyptian government is unable to produce such evidence. In the circumstances it must be assumed that Salem was not Egyptian but Persian, it is beside the point whether Salem lost his Persian nationality or not by the acquisition of the American nationality… the Egyptian government cannot set forth against the US the eventual continuation of the Persian nationality… in case of dual nationality a 3rd power is not entitled to contest the claim of one of the two powers whose national is interested in the case by referring to the nationality of the other power Egypt was found not liable