The Changing Role of Nationality in International Law

The Changing Role of Nationality in International Law

Author: Serena Forlati

Publisher: Routledge

Published: 2013-03-20

Total Pages: 242

ISBN-13: 1136752196

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The book explores the current role of nationality from the point of view of international law, reassessing the validity of the ‘classical’, state-centered, approach to nationality in light of the ‘new’ role the human being is gradually acquiring within the international legal order. In this framework, the collection assesses the impact of international human rights rules on the international discourse on nationality and explores the significance international (including private international) law attaches to the links individuals may establish with states other than that of nationality. The book weighs the significance of the bond of nationality in the context of regional integration systems, and explores the fields of international law in which nationality still plays a pivotal role, such as diplomatic protection and dispute settlement in international investment law. The collection includes contributions from legal scholars of different nationalities and academic backgrounds, and offers an excellent resource for academics, practitioners and students undertaking advanced studies in international law.


Multiple Nationality And International Law

Multiple Nationality And International Law

Author: Alfred Michael Boll

Publisher: Martinus Nijhoff Publishers

Published: 2007

Total Pages: 650

ISBN-13: 9004148388

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This book is a comprehensive overview of multiple nationality in international law, and contains a survey of current State practice covering over 75 countries. It examines the topic in light of the historical treatment of multiple nationality by States, international bodies and commentators, setting out the general trends in international law and relations that have influenced nationality. While the book's purpose is not to debate the merits of multiple nationality, but to present actual state practice, it does survey arguments for and against multiple nationality, and considers States' motivations in adopting a particular attitude toward the topic. As a reference work, the volume includes a detailed examination of the nature of nationality under international law and the concepts of nationality and citizenship under municipal law. The survey of State practice also constitutes a valuable resource for practitioners.


Nationality and Statelessness in International Law

Nationality and Statelessness in International Law

Author: Paul Weis

Publisher: BRILL

Published: 1979-12-13

Total Pages: 394

ISBN-13: 9789028603295

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This second revised edition takes into account the decision of the International Court of Justice in the "Nottebohm Case" which was published just as the first edition was going to press and therefore received only cursory treatment. It also, of course, includes an analysis of international legislation adopted since 1955, including the 1961 UN Convention on the Reduction of Statelessness, the 1957 UN Convention on the Nationality of Married Women, and the 1966 International Covenant on Civil and Political Rights. The decisions of international tribunals and, in particular, of the Italian Conciliation Commissions are analysed. Finally, the author presents legislative, judicial and governmental practice during the twenty-two years. After beginning with a clear definition of terms, the author analyses the functions of nationality in international law, the relationship between municipal and international law and then the public international law of nationality. In this latter part, he examines international conventions, international custom and the principles of law generally recognized with regard to nationality. The book ends with a summary and conclusions dealing with the existing law and future developments.


The Regulation of Nationality in International Law

The Regulation of Nationality in International Law

Author: RUTH. DONNER

Publisher: Martinus Nijhoff Publishers

Published: 2023-10-16

Total Pages: 451

ISBN-13: 9004638563

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The significance of this book, one of the essential works to examine the concept of nationality in international law, has been renewed by the emerging debate on the concept of citizenship in the context of the global human rights regime. Professor Donner starts from the basic rule that it is the right of each sovereign independent state to determine who are its nationals, as evidenced in their nationality legislation (the reserved domain) and in the practice of diplomatic protection. She proceeds with an analysis of any possible standards or rules set by public international law. This is a valuable study of one of the most fundamental issues in the law of nations.


Nationality and Statelessness in the International Law of Refugee Status

Nationality and Statelessness in the International Law of Refugee Status

Author: Eric Fripp

Publisher: Bloomsbury Publishing

Published: 2016-09-22

Total Pages: 413

ISBN-13: 1782259236

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International refugee law anticipates state conduct in relation to nationality, statelessness, and protection. Refugee status under the Convention relating to the Status of Refugees 1951 and regional and domestic instruments referring to it can be fully understood only against the background of international laws regarding nationality, statelessness, and the consequences of national status or the lack of it. In this significant addition to the literature a leading practitioner in these fields examines, in the light of international law, key issues regarding refugee status including identification of 'the country of his nationality', concepts of 'effective nationality', and the inclusion within 'persecution' of a range of acts or omissions focused on nationality.