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Author : Laura van Waas
Publisher : Unknown
Page : 0 pages
File Size : 47,8 Mb
Release : 2008
Category : Citizenship
ISBN : 9050958540
It is a familiar and irrefutable fact that the world we live in today is marked with divisions. Border posts, frontier patrols, and elaborate fencing establish the dividing lines between the territory of one country and the next. Meanwhile, partitions hav
Author : Alice Edwards,Laura van Waas
Publisher : Cambridge University Press
Page : 325 pages
File Size : 49,8 Mb
Release : 2014-09-18
Category : Law
ISBN : 9781107032446
This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.
Author : Richard Bellamy
Publisher : Oxford University Press
Page : 153 pages
File Size : 48,7 Mb
Release : 2008-09-25
Category : Political Science
ISBN : 9780192802538
Interest in citizenship has never been higher. But what does it mean to be a citizen in a modern, complex community? Richard Bellamy approaches the subject of citizenship from a political perspective and, in clear and accessible language, addresses the complexities behind this highly topical issue.
Author : Ineta Ziemele
Publisher : BRILL
Page : 452 pages
File Size : 51,9 Mb
Release : 2021-10-11
Category : Political Science
ISBN : 9789047416203
The International Law Commission, when drafting articles on nationality of persons in situations of State succession, omitted cases of unlawful territorial changes. These do not result in State succession; they may be dealt with under the rubric of State continuity. The Baltic – Russian cases show the particularly complex nature of these situations, both as concerns agreement on continuity and decisions on nationality. The author examines in detail the Citizenship Laws of the Baltic States and Russia, as well as relevant constitutional and international statements about the international legal status of the States and responses of the international community thereto. The main question addressed in the book is about solutions which States have to adopt concerning nationality of individuals in situations of State continuity, especially where States re-emerge after long years of occupation. Although the book is specific in its origin, it is of general importance because it draws conclusions concerning developments in law and practice which are relevant for a better understanding and regulation of nationality and statehood in international law.
Author : Mai Kaneko-Iwase
Publisher : Springer Nature
Page : 462 pages
File Size : 42,8 Mb
Release : 2021-09-24
Category : Law
ISBN : 9789811630057
This is the first book dedicated to clarifying the concept of “foundlings” and how to best prevent their statelessness in light of the object and purpose of Article 2 of the 1961 UN Convention on the Reduction of Statelessness and equivalent nationality law provisions. Among other features, the book defines the terms “foundling,” including the maximum age limit of the child to be considered a “foundling”; “unknown parents”; being “found” in a territory; and “proof to the contrary”; as well as the procedural issues such as the appropriate burden and standard of proof. In doing so, the book draws upon a comparative analysis of national legislation on “foundlings” covering 193 states, case law, and precedents in some states as well as international human rights law norms including the best interests of the child. As its conclusion, the book proposes an inclusive model “foundling provision” and a commentary to inform legislative efforts and interpretation of the existing provisions. Its findings are useful not only to state parties to the 1961 Convention but also to non-state parties, particularly in countries lacking systematic civil documentation or experiencing the effects of armed conflicts, migration, trafficking, and displacement.
Author : Olivier Vonk
Publisher : Martinus Nijhoff Publishers
Page : 381 pages
File Size : 54,8 Mb
Release : 2012-03-19
Category : Law
ISBN : 9789004227200
The book analyzes the role of dual nationality in different fields of the law, in particular national and EU law, and offers a convincing argument for the (minimum) harmonization of European nationality laws.
Author : David l. Miller
Publisher : John Wiley & Sons
Page : 340 pages
File Size : 40,6 Mb
Release : 2013-05-31
Category : Political Science
ISBN : 9780745667935
A good political community is one whose citizens are actively engaged in deciding their common future together. Bound together by ties of national solidarity, they discover and implement principles of justice that all can share, and in doing so they respect the separate identities of minority groups within the community. In the essays collected in this book, David Miller shows that such an ideal is not only desirable, but feasible. He explains how active citizenship on the republican model differs from liberal citizenship, and why it serves disadvantaged groups better than currently fashionable forms of identity politics. By deliberating freely with one another, citizens can reach decisions on matters of public policy that are both rational and fair. He couples this with a robust defence of the principle of nationality, arguing that a shared national identity is necessary to motivate citizens to work together in the name of justice. Attempts to create transnational forms of citizenship, in Europe and elsewhere, are therefore misguided. He shows that the principle of nationality can accommodate the demands of minority nations, and does not lead to a secessionist free-for-all. And finally he demonstrates that national self-determination need not be achieved at the expense of global justice. This is a powerful statement from a leading political theorist that not only extends our understanding of citizenship, nationality and deliberative democracy, but engages with current political debates about identity politics, minority nationalisms and European integration.
Author : Mutaz Qafisheh
Publisher : BRILL
Page : 268 pages
File Size : 48,9 Mb
Release : 2008-09-17
Category : Law
ISBN : 9789004180840
By the end of British rule in Palestine on 14 May 1948, Palestinian nationality had become well established in accordance with both domestic law and international law. Accordingly, the legal origin of Palestinian nationality lies in this nearly thirty-year period as the status of Palestinians has never been settled since. Hence, any legal consideration on the future status of individuals who once held Palestinian nationality should start from the point at which the British rule over Palestine was terminated. This work provides a legal basis for future settlement of the status of Palestinians of all categories that emerged in some sixty years following the end of the Palestine Mandate: Israeli citizens, inhabitants of the occupied territory, and Palestinian refugees. In conclusion, nationality as regulated by Britain in Palestine represents an international status that cannot be legally altered except in accordance with international law.
Author : William Conklin
Publisher : Bloomsbury Publishing
Page : 339 pages
File Size : 53,7 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782253747
'Statelessness' is a legal status denoting lack of any nationality, a status whereby the otherwise normal link between an individual and a state is absent. The increasingly widespread problem of statelessness has profound legal, social, economic and psychological consequences but also gives rise to the paradox of an international community that claims universal standards for all natural persons while allowing its member states to allow statelessness to occur. In this powerfully argued book, Conklin critically evaluates traditional efforts to recognize and reduce statelessness. The problem, he argues, rests in the obligatory nature of law, domestic or international. By closely analysing a broad spectrum of court and tribunal judgments from many jurisdictions, Conklin explains how confusion has arisen between two discourses, the one discourse inside the other, as to the nature of the international community. One discourse, a surface discourse, describes a community in which international law justifies a state's freedom to confer, withdraw or withhold nationality. This international community incorporates state freedom over nationality matters, bringing about the de jure and effective stateless condition. The other discourse, an inner discourse, highlights a legal bond of socially experienced relationships. Such a bond, judicially referred to as 'effective nationality', is binding upon all states, and where such a bond exists, harm to a stateless person represents harm to the international community as a whole.
Author : Kristīne Krūma
Publisher : Martinus Nijhoff Publishers
Page : 512 pages
File Size : 46,6 Mb
Release : 2013-10-24
Category : Law
ISBN : 9789004251595
In EU Citizenship, Nationality and Migrant Status: An Ongoing Challenge Kristīne Krūma offers an account of the regulation of nationality at international, EU and national level. Growing global migration and fusion of national identities require revisiting of traditional concepts.
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Citizenship, and International Law
Publisher : Unknown
Page : 304 pages
File Size : 50,5 Mb
Release : 1973
Category : Aliens
ISBN : UOM:39015082035273
Author : United States. Department of Justice
Publisher : Unknown
Page : 1004 pages
File Size : 54,7 Mb
Release : 1952
Category : Aliens
ISBN : CUB:U183034340602
Author : Eric Fripp
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 41,5 Mb
Release : 2016-09-22
Category : Law
ISBN : 9781782259237
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.
Author : Eniko Horvath
Publisher : Kluwer Law International B.V.
Page : 414 pages
File Size : 55,7 Mb
Release : 2008-02-29
Category : Law
ISBN : 9789041130747
In this original and insightful analysis, Enikő Horváth focuses on three processes of legal evolution in Europe that affect the meaning of membership and individual identity: • the increasing salience of supranational ‘culture’ and rights; • ‘kinship’ legislation privileging non-nationals with linguistic, cultural, and ethnic ties to a given state; and • the emergence of plural nationality as an acceptable (and even welcome) phenomenon. The author’s treatment is notable for its informed appreciation of both the content of relevant European and national laws and the ways in which these laws are embedded in particular social and political frameworks. In addition to extending the legal theory on citizenship and nationality, the analysis draws on sociology, social psychology, and political theory to anchor its insights and recommendations. After two in-depth chapters introducing the complexities of the subject matter, three distinct but interwoven chapters show how each of the three processes has unfolded in a given context, offer detailed explanations and suggestions as to why each development has occurred in the manner that it has, and discuss the legal, political, and sociological issues raised by the particular development. A comprehensive reference section with extensive lists of laws, cases, and scholarship concludes the volume.
Author : Alessandra Annoni,Serena Forlati
Publisher : Routledge
Page : 242 pages
File Size : 41,8 Mb
Release : 2013
Category : Law
ISBN : 9780415535458
This book provides a reappraisal of the role of nationality in international law, taking into account recent trends and developments. The book features contributions from a range of experts offering a variety of approaches to the topic. Within public international law the book explores nationality in relation to a number of key topics including: nationality as a human right; statelessness in the context of state succession; diplomatic protection and trade in services. While most of the contributions address public international law the book also considers the evolving role of nationality in private international law as well as issues surrounding nationality and regional integration.