Abstract

The individual claimants argued that the tribunal should employ the international law test of real or effective nationality, which they contended would show that they have not effectively acquired Egyptian nationality. In the end, the tribunal did not wholly rule out the applicability of such a test in the ICSID context, where it would be manifestly absurd or unreasonable for a person to be classified as a dual national, perhaps where a third or fourth generation individual has no ties whatsoever with the country of its forefathers and where a test of real or effective nationality might be appropriate to use in ICSID.