Question
In June 2020 the Republic of Pinnipedia released a 'Pinnipedia First' policy. Under the policy, foreign nationals are required to relinquish ownership of businesses in
In June 2020 the Republic of Pinnipedia released a 'Pinnipedia First' policy. Under the policy, foreign nationals are required to relinquish ownership of businesses in Pinnipedia or land valued over a specified threshold (of 5 million Euros) to the government.
Joel Allen is a foreign national who has operated a whale watching business ('Skywhale Tours Pty Ltd') in Pinnipedia for over a decade. Skywhale Tours is incorporated in Pinnipedia. Allen held around 20 per cent of shares in Skywhale Tours, with the remainder owned by International Nature Tourism Pty Ltd, a company incorporated in Baikal.
By operation of result of the Pinnipedia First policy, in March 2021 the Pinnipedia Fiscal Service (PFS) gave notice to Allen that his shares in Skywhale Tours were forfeited to the state. Allen also now fears for his personal safety, as the officers from the PFS who attended his place of business to give effect to the forfeiture threatened to kill him if he were to protest about his treatment, or to seek judicial review in the Pinnipedian courts.
Allen was born in, and originally held citizenship of, Baikal. In January 2021, Allen married his fiancee and was naturalised as a citizen of Otariid (where his wife was born). The population of Otariid has been in steady decline for many years, and in an effort to reverse the trend the Otariid government adopted a generous citizenship and immigration law that automatically confers Otariid citizenship on all persons who marry Otariid citizens.
On acquiring Otariid nationality, by operation of Baikal law (which strictly prohibits the holding of multiple citizenship) Allen was stripped of his citizenship of Baikal. Allen was pleased with this outcome as he knew that Otariid had a reputation for staunchly defending its nationals abroad whereas the country of his birth did not.
Allen contacted the Otariid Ministry of Foreign Affairs and requested that representations be made on his behalf to obtain compensation for the expropriation of his assets in Pinnipedia and to obtain guarantees of his safety. The Otariid government declined to do so, citing Allen's limited connections with the country.
Knowing of your expertise in international law, Allen has approached you seeking assistance in determining whether Baikal and/or Otariid is under any obligation to take up his claims against Pinnipedia, and what remedies Baikal and/or Otariid may seek if it did intervene on his behalf.
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