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SHELTER FROM THE STORM: RETHINKING DIPLOMATIC PROTECTION OF DUAL NATIONALS IN MODERN INTERNATIONAL LAW

I. INTRODUCTION

In 2003 and 2004, Canada's foreign policy establishment was rocked by the detention, torture, and, in one case, murder of Canadian citizens by foreign governments. On June 23, 2003, Iranian authorities arrested Zahra Kazemi, a fifty-four year-old photojournalist with dual Canadian-Iranian nationality, in Iran.1 Branded a spy after photographing a local prison, Kazemi was beaten into a coma by her interrogators,2 causing her to suffer a brain hemorrhage.3 She died in Iran just weeks later.4 In response to the resulting protests from Canada, Iran asserted that because Eazemi was born in Iran and remained an Iranian national under Iranian law, Canada had no business intervening ...

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