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On Children and Dual Nationality: Sabet and The Islamic Republic of Iran

Abstract

The Iran-United States Claims Tribunal\u27s recent decision in Sabet and The Islamic Republic of Iran sheds new light on difficult issues concerning the dual nationality of minors. In particular, the case was the first in which the Tribunal determined minor dual national claimants to have a dominant and effective nationality different from that of either of their parents. Further, the Tribunal broke new ground in its analysis of \u27the caveat,\u27 an equitable doctrine that can bar the claims of dual nationals. This article applauds the Tribunal\u27s advances in its caveat jurisprudence and develops a new approach that would further those advances

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