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.

Migration and Citizenship Attribution
Migration and Citizenship Attribution

Author: Maarten Vink

Publisher: Routledge

Published: 2013-09-13

Total Pages: 167

ISBN-13: 1135699283

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How do states in Western Europe deal with the challenges of migration for citizenship? The legal relationship between a person and a state is becoming increasingly blurred in our mobile, transnational world. This volume deals with the membership dimension of citizenship, specifically the formal rules that states use to attribute citizenship. These nationally-specific rules determine how and under what conditions citizenship is attributed by states to individuals: how one can acquire formal citizenship status, but also how this status can be lost. Migration and Citizenship Attribution observes various trends in citizenship policies since the early 1980s, analysing historical patterns and recent changes across Western Europe as well as examining specific developments in individual countries. Authors explore the equal treatment of women and men with regard to descent-based citizenship attribution, along with the process of convergence between countries with ‘ius soli’ and ‘ius sanguinis’ traditions with regard to birthright provisions. They consider how the increasing acceptance of multiple citizenship is reflected in a dual trend to abolish, or at least to moderate, the renunciation of the citizenship of origin as a condition for naturalisation, and also to restrict provisions of loss of citizenship due to voluntary acquisition of a foreign citizenship. Another trend observed and discussed is the introduction by many countries of language tests and integration conditions in the naturalisation procedure, with some countries now concluding the naturalisation process by means of a US-styled citizenship ceremony. Contributors also explore the various things taken into account under state citizenship laws such as statelessness, or membership of the European Union. This book was originally published as a special issue of the Journal of Ethnic and Migration Studies.

Citizenship and State Succession
Citizenship and State Succession

Author: European Commission for Democracy through Law

Publisher: Council of Europe

Published: 1998-01-01

Total Pages: 220

ISBN-13: 9789287137456

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On cover & title page:European Commission for Democracy through Law

The Refugee Definition in International Law
The Refugee Definition in International Law

Author: Hugo Storey

Publisher: Oxford University Press

Published: 2023-09-21

Total Pages: 837

ISBN-13: 0192580248

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In international law, the refugee definition enshrined in Article 1A(2) of the Refugee Convention and its 1967 Protocol is central. Yet, seven decades on, the meaning of its key terms are widely seen as unclear. The Refugee Definition in International Law asks whether we must continue to accept this or whether a systematic legal analysis can shed new light on this important term. The volume addresses several framework questions concerning approaches to definition, interpretation, ordering, and the interrelationship between the definition's different elements. Each element is then analysed in turn, applying Vienna Convention of the Law of Treaties rules in systematic fashion. Each chapter evaluates the main disputes that have arisen and seeks to distil basic propositions that are widely agreed, as well as certain suggested propositions for resolving ongoing debates. In the final chapter, the basic propositions are assembled to demonstrate that in fact there is now more clarity about the definition than many think and that considerable progress has been made toward achieving a working definition.

Paths to Inclusion
Paths to Inclusion

Author: Peter H. Schuck

Publisher: Berghahn Books

Published: 2001-07

Total Pages: 332

ISBN-13: 9781571810922

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The series is rounded off by this volume which focuses on "immigrant" policy, i.e., the ensemble of institutions, laws and social practices that are designed to facilitate the integration of immigrants and refugees into the receiving countries after they arrive. The chapters bring both theoretical and empirical analysis to bear on the processes of assimilation, migrants' development of transnational linkages, patterns of social and economic mobility in the immigrant and second generations, migrants' rights to public benefits and equal status, and the laws of citizenship in the two countries. The volume is highly interdisciplinary, drawing on the research of demographers, lawyers, and sociologists. It is also explicitly comparative, underscoring the similarities and differences in how the United States and Germany conceive of the role of immigrants in their societies and how the two nations incorporate them into civil and political society. Introductory and concluding chapters highlight the principal themes, findings, and policy implications of the volume.

Claims of Dual Nationals and the Development of Customary International Law
Claims of Dual Nationals and the Development of Customary International Law

Author: Mohsen Aghahosseini

Publisher: BRILL

Published: 2007-07-31

Total Pages: 320

ISBN-13: 9047421272

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The law governing the international claims of dual nationals relates to, and is influenced by, the wider subject of the individual’s standing at the international level. But while the latter had, as a result of modern trends in human rights, hugely improved as from the middle of the last century, no occasion to test its impact on such claims had arisen prior to the 1980s, when the Iran-United States Claims Tribunal - justifiably described as the most influential arbitral institution in the history of international adjudication - first became involved with the issue. The significance of the Tribunal’s jurisprudence on the subject is not, however, limited to the judicial support it gives to the international rights of the individual. Having made its basic findings of law on the subject, the Tribunal has proceeded to apply them, for some twenty years, to a host of Cases of widely different characters. The result is a wealth of material - comprehensively reviewed in this book for the first time - which is likely to be of some benefit to those interested in this area of international law.

International Law
International Law

Author: Jan Wouters

Publisher: Bloomsbury Publishing

Published: 2018-12-13

Total Pages: 1135

ISBN-13: 1509909044

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This textbook offers for the first time a comprehensive analysis of the classic doctrines and main areas of international law from a European perspective, meeting the needs of the many European law schools teaching public international law in English. Special attention is devoted to the practice of the European Union, the Council of Europe and European States – both civil law and common law countries – with regard to international law. In particular the book analyses the interplay between international law, EU law and national law in the case law of the Court of Justice of the EU, the European Court of Human Rights and national jurisdictions in Europe. It provides the reader with insights into how the international legal practice of the EU and its Member States impacts the development of international law, both in terms of doctrines such as treaty-making and customary law, the exercise of (extraterritorial) jurisdiction, state responsibility and the settlement of disputes, as well as particular sub-fields of international law, such as human rights law and international economic law. In addition the book covers other important areas such as the use of force and collective security, the law of armed conflict, and global and regional international organisations. It provides European perspectives on all these issues and will be of great value to students, scholars and practitioners.