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International Standards On Nationality Law: Texts, Cases And

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Although human rights law provides for the right to nationality, and two international treaties were adopted specifically with a view to addressing statelessness, over the years the issues of nationality and statelessness have received inconsistent attention from the international community and from scholars. The 1951 Refugee Convention and its 1967 Protocol are the key legal documents that form the basis of UNHCR’s work. They define the term ‚refugee‘ and outline their rights and the international standards of treatment for their protection.

International standards relating to nationality and statelessness

International standards The right to a nationality is recognized in a series of international legal instruments, including: Article 15 of the 1948 Universal Declaration of Human Rights, „Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.“ International Standards on Nationality Law thus examines topical issues relating to nationality such as discriminatory practices in relation to gender, ethnicity and race, the status of surrogate-born children, diplomatic protection, the revocation of nationality of convicted terrorists, and ‚citizenship-for-sale‘ programmes. Reseña del editor While nationality law has traditionally been part of the nation-state’s ‚reserved domain‘, recent decades have witnessed a growing body of international standards and guidelines in this area. This book provides the first comprehensive collection of multilateral international treaties, other international documents and case law of international tribunals regarding

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By Naturalization: – By naturalization also nationality can be obtained. When an alien living in a country obtains the nationality of that country it is called naturalization. In Nottebohm case-1955, it was held that a State has no obligation in granting nationality to a person through naturalization if that person has no relations with that state. The court propounded the real and effective Text adopted by the International Law Commission at its fifty-first session, in 1999, and submitted to the General Assembly as a part of the Commission’s report covering the work of that session (at para. 48). The report, which also contains commentaries on the draft articles, appears in Yearbook of the International Law Commission, 1999, vol. II, Part Two.

Although human rights law provides for the right to nationality, and two international treaties were adopted specifically with a view to addressing statelessness, over the years the issues of nationality and statelessness have received inconsistent attention from the international community and from scholars. And what are the conditions under which the right may be law-fully interfered with? The aim of this chapter is to define the scope and con-tent of the right to nationality under current international law to specify the rights of individuals and the obligations of states under the right to nationality. In addition, from being a stable field of law, nationality law has been subject to growing instrumentalization and change. International Standards on Nationality

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Nationality and Statelessness

Book One Chapter I. Charter of the United Nations and Statute of the International Court of Justice Chapter II. Law of treaties Chapter III. Subjects of international law States International organizations Chapter IV. Diplomatic and consular relations Chapter V. International responsibility Chapter VI. Peaceful settlement of international disputes General instruments Institutional and Course Description This course provides an introduction to the international law governing foreign investment. We cover the essential elements of international investment agreements (IIAs), including their scope of application, standards of treatment, and protection, as developed in treaties and cases.

Without prejudice to the competence of Member States on the acquisition of nationality and the fact that, under international law, it is for each Member State, having due regard to Union law, to lay down the conditions for the acquisition and loss of nationality, in applying this Regulation, Member States should respect their international International law knows clear limitations upon that discretion and, in fact, regulates nationality in a broad number of different instruments. Against this evolution of the interna-tional legal framework on nationality, the current chapter now zooms in on the protection of the right to nationality in international law. By means of that definition and its practical implementation, a legal relationship is established between the individual members of the group and that State, which in international law and practice is usually called nationality.

內容簡介 While nationality law has traditionally been part of the nation-state’s ‚reserved domain‘, recent decades have witnessed a growing body of international standards and guidelines in this area. This book provides the first comprehensive collection of multilateral international treaties, other international documents and case law of international tribunals

The Conference is unanimously of the opinion that it is very desirable That States should, in the exercise of their power of regulating questions of nationality, make every effort to reduce so far as possible cases of dual nationality, And that the League of Nations should consider what steps may be taken for arriving at an international Explore how international standards on nationality laws shape citizenship policies, promote human rights, and reduce statelessness through global legal frameworks. The judgment has long received intense criticism from a consensus of scholars. This article challenges the conventional wisdom of Nottebohm. The ICJ did not, as critics argue, depart from international law on nationality, nor did it seek to create an international rule based on a “genuine link” requirement.

Nationality Cases before International Courts and Tribunals

While nationality law has traditionally been part of the nation-state’s ‚reserved domain‘, recent decades have witnessed a growing body of international standards and guidelines in this area. This book provides the first comprehensive collection of multilateral international treaties, other international documents and case law of international tribunals regarding nationality law.

Keywords: international nationality law – Nottebohm case – genuine-connection test – international principle of democracy. 60 Nottebohm Case (Liechtenstein v Guatemala) (second phase) [1955] ICJ Reports 4 (International Court of Justice); see also discussion in René de Groot and Olivier W Vonk, International Standards on Nationality Law: Texts, Cases and

Nation, Nationality, and National Identity: Uses, Misuses, and the ...

https://pure.mpg.de/pubman/faces/ViewItemOverviewPage.jsp?itemId=item_3029325_1 Featuring cases, materials, and illustrative fgures throughout to enhance the level of context and detail provided, the book covers everything a student of international law requires. Topics Law of nationality : concerned with nationality as such, not with the consequences of nationality (even if these should be taken into consideration) Introduction : 1st question What is nationality? Before studying the formal rules on acquisition and loss, it is important to have a minimal understanding of the consequences / effects of nationality (even though these consequences /

In March 2020, the Principles on Deprivation of Nationality as a National Security Measure2 were published with a view to articulating and unpacking these limitations imposed by international law on states’ freedom to use nationality deprivation as a national security or counter-terrorism measure. The Principles were developed over a 30-month research and consultation period, In addition, from being a stable field of law, nationality law has been subject to growing instrumentalization and change. International Standards on Nationality Law thus examines topical issues relating to nationality such as discriminatory practices in relation to gender, ethnicity and race, the status of surrogate-born children, diplomatic protection, the revocation of nationality

Course Description This course provides an introduction to the international law governing foreign investment. We cover the essential elements of international investment agreements (IIAs), including their scope of application, standards of treatment, and protection, as developed in treaties and cases.

Chapter 2 Citizenship and Nationality in: The Human Right to

1 Non-nationals, non-discrimination and the enjoyment of civil and political rights 2 Freedom of movement 2.1 Internal freedom of movement 2.1.1 1954 Convention 2.1.2 International human rights law 2.2 International freedom of movement 2.2.1 1954 Convention 2.2.2 International human rights law 3 Right to legal personhood 3.1 1954 Convention 3.2

De ning the Right to Nationality Rights and Obligations [] two aspects of the right to nationality: the right to a nationality from the perspective of endowing the individual with the basic legal

In the international community, there is a continuing trend to deprive citizens of their nationality for certain undesirable behaviour. The 1961 Convention prohibits this practice in cases where the individual concerned would become stateless as a consequence. However, State Parties can reserve certain exceptions to this prohibition by filing a declaration under Article 8 International Law: T ext, Cases and Materials provides not only an essential introduction

International Standards on Nationality Law. Texts, cases and materials By Gerard-René de Groot and Olivier W. Vonk, Wolf Publishers 2016 While nationality law has traditionally been part of the In the international community, there is a continuing trend to deprive citizens of their nationality for certain undesirable behaviour. The 1961 Convention prohibits this practice in cases where the individual concerned would become stateless as a consequence. However, State Parties can reserve certain exceptions to this prohibition by filing a declaration under Article 8

International Standards on Nationality Law thus examines topical issues relating to nationality such as discriminatory practices in relation to gender, ethnicity and race, the status of surrogate-born children, diplomatic protection, the revocation of nationality of convicted terrorists, and ‚citizenship-for-sale‘ programmes. By means of that definition and its practical implementation, a legal relationship is established between the individual members of the group and that State, which in international law and practice is usually called nationality. As the International Court of Justice (ICJ) described it in the Nottebohm Case:

DISCLAIMER This guide aims to assist lawyers and their clients to plan strategies and tactics for litigation in relation to statelessness, lack of recognition of nationality and issue of identity documents before national or international jurisdictions, and to find and interpret the relevant law. It does not constitute professional legal advice. Lawyers and potential litigants using the guide