3.
Diplomatic protection shall not be exercised by the present State of nationality in respect of a
person against a former State of nationality of that person for an injury caused when that person was a
national of the former State of nationality and not of the present State of nationality.
4.
A State is no longer entitled to exercise diplomatic protection in respect of a person who
acquires the nationality of the State against which the claim is brought after the date of the official
presentation of the claim.
Article 6
Multiple nationality and claim against a third State
1.
Any State of which a dual or multiple national is a national may exercise diplomatic
protection in respect of that national against a State of which that person is not a national.
2.
Two or more States of nationality may jointly exercise diplomatic protection in respect of a
dual or multiple national.
Article 7
Multiple nationality and claim against a State of nationality
A State of nationality may not exercise diplomatic protection in respect of a person against a
State of which that person is also a national unless the nationality of the former State is predominant,
both at the date of injury and at the date of the official presentation of the claim.
Article 8
Stateless persons and refugees
1.
A State may exercise diplomatic protection in respect of a stateless person who, at the date of
injury and at the date of the official presentation of the claim, is lawfully and habitually resident in that
State.
2.
A State may exercise diplomatic protection in respect of a person who is recognized as a
refugee by that State, in accordance with internationally accepted standards, when that person, at the
date of injury and at the date of the official presentation of the claim, is lawfully and habitually resident
in that State.
3.
Paragraph 2 does not apply in respect of an injury caused by an internationally wrongful act of
the State of nationality of the refugee.
CHAPTER III
LEGAL PERSONS
Article 9
State of nationality of a corporation
For the purposes of the diplomatic protection of a corporation, the State of nationality means
the State under whose law the corporation was incorporated. However, when the corporation is
controlled by nationals of another State or States and has no substantial business activities in the State
of incorporation, and the seat of management and the financial control of the corporation are both
located in another State, that State shall be regarded as the State of nationality.
Article 10
Continuous nationality of a corporation
1.
A State is entitled to exercise diplomatic protection in respect of a corporation that was a
national of that State, or its predecessor State, continuously from the date of injury to the date of the
official presentation of the claim. Continuity is presumed if that nationality existed at both these dates.