Rights and Duties of Dual Nationals

Rights and Duties of Dual Nationals

Author: David A. Martin

Publisher: BRILL

Published: 2003-01-01

Total Pages: 409

ISBN-13: 9047403185

DOWNLOAD EBOOK

The increased emergence of dual and multiple nationality in our globalized world has recently led to public and scholarly debates on a number of resulting practical questions. This book comprehensively evaluates the legal status of dual nationals on the basis of a comparative analysis, with emphasis on practice and law in the United States of America, the Federal Republic of Germany, Turkey and other selected countries, comprising contributions of both academics and practitioners. Among the legal subjects examined more intensively are the exercise of political rights by dual nationals, including voting and office holding, performance of military service, loss and withdrawal of citizenship, and effects of dual nationality on judicial cooperation, as well as aspects of private international law. The authors pay attention to developmental trends and legal changes in various countries, and also to the philosophical and theoretical perspectives underlying various practices. Specific recommendations for states dealing with dual nationality complete the investigation.


At Home in Two Countries

At Home in Two Countries

Author: Peter J Spiro

Publisher: NYU Press

Published: 2016-06-07

Total Pages: 200

ISBN-13: 0814724418

DOWNLOAD EBOOK

Read Peter's Op-ed on Trump's Immigration Ban in The New York Times The rise of dual citizenship could hardly have been imaginable to a time traveler from a hundred or even fifty years ago. Dual nationality was once considered an offense to nature, an abomination on the order of bigamy. It was the stuff of titanic battles between the United States and European sovereigns. As those conflicts dissipated, dual citizenship continued to be an oddity, a condition that, if not quite freakish, was nonetheless vaguely disreputable, a status one could hold but not advertise. Even today, some Americans mistakenly understand dual citizenship to somehow be “illegal”, when in fact it is completely tolerated. Only recently has the status largely shed the opprobrium to which it was once attached. At Home in Two Countries charts the history of dual citizenship from strong disfavor to general acceptance. The status has touched many; there are few Americans who do not have someone in their past or present who has held the status, if only unknowingly. The history reflects on the course of the state as an institution at the level of the individual. The state was once a jealous institution, justifiably demanding an exclusive relationship with its members. Today, the state lacks both the capacity and the incentive to suppress the status as citizenship becomes more like other forms of membership. Dual citizenship allows many to formalize sentimental attachments. For others, it’s a new way to game the international system. This book explains why dual citizenship was once so reviled, why it is a fact of life after globalization, and why it should be embraced today.


The Human Right to Citizenship

The Human Right to Citizenship

Author: Rhoda E. Howard-Hassmann

Publisher: University of Pennsylvania Press

Published: 2015-07-16

Total Pages: 328

ISBN-13: 0812247175

DOWNLOAD EBOOK

The Human Right to Citizenship provides an accessible overview of citizenship around the globe, focusing on empirical cases of denied or weakened legal rights. This wide-ranging volume provides a theoretical framework to understand the particular ambiguities, paradoxes, and evolutions of citizenship regimes in the twenty-first century.


Citizenship Law in Africa

Citizenship Law in Africa

Author: Bronwen Manby

Publisher: African Minds

Published: 2012-07-27

Total Pages: 121

ISBN-13: 1936133296

DOWNLOAD EBOOK

Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.


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

DOWNLOAD EBOOK

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.


After the Nation?

After the Nation?

Author: K. Breen

Publisher: Springer

Published: 2010-10-20

Total Pages: 288

ISBN-13: 0230293174

DOWNLOAD EBOOK

Explores the ways in which the nation-state and nationalism are challenged by contemporary realities. This volume addresses changes to our understanding of national sovereignty, problems posed by violent conflict between rival national projects, the feasibility of postnationalist democracy and citizenship, and the debate over global justice.


Citizenship in Bosnia and Herzegovina, Macedonia and Montenegro

Citizenship in Bosnia and Herzegovina, Macedonia and Montenegro

Author: Jelena Džankic

Publisher: Routledge

Published: 2016-03-03

Total Pages: 228

ISBN-13: 1317165780

DOWNLOAD EBOOK

What happens to the citizen when states and nations come into being? How do the different ways in which states and nations exist define relations between individuals, groups, and the government? Are all citizens equal in their rights and duties in the newly established polity? Addressing these key questions in the contested and ethnically heterogeneous post-Yugoslav states of Bosnia and Herzegovina, Macedonia and Montenegro, this book reinterprets the place of citizenship in the disintegration of Yugoslavia and the creation of new states in the Western Balkans. Carefully analysing the interplay between competing ethnic identities and state-building projects, the author proposes a new analytical framework for studying continuities and discontinuities of citizenship in post-partition, post-conflict states. The book maintains that citizenship regimes in challenged states are shaped not only by the immediate political contexts that generated them, but also by their historical trajectories, societal environments in which they exist, as well as the transformative powers of international and European factors.


Beyond Citizenship

Beyond Citizenship

Author: Peter J. Spiro

Publisher: Oxford University Press

Published: 2008-02-01

Total Pages: 205

ISBN-13: 0199722250

DOWNLOAD EBOOK

American identity has always been capacious as a concept but narrow in its application. Citizenship has mostly been about being here, either through birth or residence. The territorial premises for citizenship have worked to resolve the peculiar challenges of American identity. But globalization is detaching identity from location. What used to define American was rooted in American space. Now one can be anywhere and be an American, politically or culturally. Against that backdrop, it becomes difficult to draw the boundaries of human community in a meaningful way. Longstanding notions of democratic citizenship are becoming obsolete, even as we cling to them. Beyond Citizenship charts the trajectory of American citizenship and shows how American identity is unsustainable in the face of globalization. Peter J. Spiro describes how citizenship law once reflected and shaped the American national character. Spiro explores the histories of birthright citizenship, naturalization, dual citizenship, and how those legal regimes helped reinforce an otherwise fragile national identity. But on a shifting global landscape, citizenship status has become increasingly divorced from any sense of actual community on the ground. As the bonds of citizenship dissipate, membership in the nation-state becomes less meaningful. The rights and obligations distinctive to citizenship are now trivial. Naturalization requirements have been relaxed, dual citizenship embraced, and territorial birthright citizenship entrenched--developments that are all irreversible. Loyalties, meanwhile, are moving to transnational communities defined in many different ways: by race, ethnicity, gender, religion, age, and sexual orientation. These communities, Spiro boldly argues, are replacing bonds that once connected people to the nation-state, with profound implications for the future of governance. Learned, incisive, and sweeping in scope, Beyond Citizenship offers a provocative look at how globalization is changing the very definition of who we are and where we belong.


Ius Doni in International Law and EU Law

Ius Doni in International Law and EU Law

Author: Christian H. Kälin

Publisher: BRILL

Published: 2019-03-27

Total Pages: 258

ISBN-13: 9004357521

DOWNLOAD EBOOK

In Ius Doni in International Law and EU Law, Dr. Christian H. Kälin establishes the concept of ius doni in the contemporary legal and political theorising of citizenship. Providing a comprehensive analysis of the subject, the book discusses the legal and political concepts of citizenship. It also introduces a new term for what is already an increasingly common and accepted practice of granting citizenship on the basis of substantial contributions to the State. Consisting of two main parts – law and practice – the monograph analyses the ius doni concept in both international law and EU law, further tests its application in practice and establishes best practices among states. Finally, the book discusses the conceptual and practical implications for citizenship.