The Function of"Nationality" in Diplomatic Protection and Investment Treaty Arbitration.

本研究对投资条约制度和外交保护制度中的“国籍”概念进行了比较研究。在投资条约制度中，国籍对属人管辖权起作用，在外交保护制度中，国籍对国籍国的决定起作用。原则上，两种制度都采用正式国籍。“国籍”在投资条约体系中的作用受到外交保护的影响。作为争端解决程序的投资条约制度在国际法律体系中已经显露出一定的特征。

In this research, a comparative study of the notion of"Nationality" was made in investment treaty system and in diplomatic protection system. In investment treaty system, Nationality has a role in the jurisdiction ratione personae, and in diplomatic protection system, it functions on decision of State of nationality. In principle, formal nationality is adopted in both systems. The function of"Nationality" in investment treaty system was affected from that in diplomatic protection. A certain character of investment treaty system as dispute settlement procedure has revealed in international legal system.