1955

AT

Merge Claim US v Italy 22 ILR 443

The claimant Mrs Merge, was born in the US and in 1933 married an Italian national in Rome and thus acquired Italian nationality according to Italian law. She went with her husband when he was posted in the Italian embassy in Tokyo, during the war she remained there. The only ties with the US were her father and mother and she did not pay income tax to the US. Under the 1947 Peace Treaty between the allied powers and Italy, claims could be brought against Italy on behalf of ‘UN nationals’. US brought this case

There are two principles in diplomatic protection in dual nationality cases. 1st public IL, is based on the sovereignty equality of states and bars protection in behalf of those who are simultaneously also nationals of the defendant state. 2nd its origin in private IL, court of a 3rd state had to resolve a conflict of nationality law, the principle of effective nationality was created with relation to the individual. No irreconcilable opposition between the two principles exists, they complement each other reciprocally. The state of dominant nationality with which the individual has stronger links may bring a claim against the state of subordinate nationality The claimant can not be regarded as a US national