Nationality Of Foundlings

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Nationality of Foundlings

Mai Kaneko-Iwase
Nationality of Foundlings Book PDF

Author : Mai Kaneko-Iwase
Publisher : Springer Nature
Page : 462 pages
File Size : 41,5 Mb
Release : 2021-09-24
Category : Law
ISBN : 9789811630057

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Nationality of Foundlings by Mai Kaneko-Iwase Pdf

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.

Nationality and Statelessness under International Law

Alice Edwards,Laura van Waas
Nationality and Statelessness under International Law Book PDF

Author : Alice Edwards,Laura van Waas
Publisher : Cambridge University Press
Page : 325 pages
File Size : 51,8 Mb
Release : 2014-09-18
Category : Law
ISBN : 9781107032446

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Nationality and Statelessness under International Law by Alice Edwards,Laura van Waas Pdf

This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.

The Palgrave Handbook of Democracy, Governance and Justice in Africa

Aderomola Adeola,Makau W. Mutua
The Palgrave Handbook of Democracy Governance and Justice in Africa Book PDF

Author : Aderomola Adeola,Makau W. Mutua
Publisher : Springer Nature
Page : 384 pages
File Size : 49,7 Mb
Release : 2022-10-03
Category : Political Science
ISBN : 9783030740146

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The Palgrave Handbook of Democracy, Governance and Justice in Africa by Aderomola Adeola,Makau W. Mutua Pdf

There is an emerging consensus that what is projected as democratic governance and justice in Africa requires a re-calibration, in particular, in relation to the constitutive demos, human rights, the realisation of commitments at various governance levels and the convergence between these ideations. The post-colonial narrative on democracy has unveiled some crevices in rule of law, political equality, political participation, political culture and freedom of the press. Aside from the fact that these notions are threatened by some existing institutional structures, these notions are increasingly being negotiated across political spaces. Evident in the prevalent narrative is an imperative for Africa to assert its place on the global scene of democratic governance and justice. However, if this will be accomplished, it is important to understand some of the issues that need to be worked through in this transition.

Safeguarding Against Statelessness at Birth

Rodziana Mohamed Razali
Safeguarding Against Statelessness at Birth Book PDF

Author : Rodziana Mohamed Razali
Publisher : Springer Nature
Page : 286 pages
File Size : 53,5 Mb
Release : 2023-01-01
Category : Law
ISBN : 9789811953712

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Safeguarding Against Statelessness at Birth by Rodziana Mohamed Razali Pdf

This book covers the essential aspects of prevention of childhood statelessness focusing on norms governing the subject through the rights to acquire a nationality and to birth registration, two vital safeguards to prevent statelessness among children. Its unique feature lies in its exposition of the international legal norms focusing on prevention of childhood statelessness and systematic analyses of domestic legal frameworks on nationality and birth registration of the 10 ASEAN Member States. This book is designed for a wide range of readers comprising academics, advocates, students, policy makers, and other stakeholders working on statelessness affecting children, especially in Southeast Asia.

Rights and Duties of Dual Nationals

David A. Martin,Kay Hailbronner
Rights and Duties of Dual Nationals Book PDF

Author : David A. Martin,Kay Hailbronner
Publisher : BRILL
Page : 409 pages
File Size : 55,5 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789047403180

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Rights and Duties of Dual Nationals by David A. Martin,Kay Hailbronner Pdf

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.

Orphans and Destitute Children in the Late Ottoman Empire

Nazan Maksudyan
Orphans and Destitute Children in the Late Ottoman Empire Book PDF

Author : Nazan Maksudyan
Publisher : Syracuse University Press
Page : 254 pages
File Size : 44,8 Mb
Release : 2014-12-06
Category : History
ISBN : 9780815652977

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Orphans and Destitute Children in the Late Ottoman Empire by Nazan Maksudyan Pdf

History books often weave tales of rising and falling empires, royal dynasties, and wars among powerful nations. Here, Maksudyan succeeds in making those who are farthest removed from power the lead actors in this history. Focusing on orphans and destitute youth of the late Ottoman Empire, the author gives voice to those children who have long been neglected. Their experiences and perspectives shed new light on many significant developments of the late Ottoman period, providing an alternative narrative that recognizes children as historical agents. Maksudyan takes the reader from the intimate world of infant foundlings to the larger international context of missionary orphanages, all while focusing on Ottoman modernization, urbanization, citizenship, and the maintenance of order and security. Drawing upon archival records, she explores the ways in which the treatment of orphans intersected with welfare, labor, and state building in the Empire. Throughout the book, Maksudyan does not lose sight of her lead actors, and the influence of the children is always present if we simply listen and notice carefully as Maksudyan so convincingly argues.

Acquisition and Loss of Nationality

Rainer Bauböck,Eva Ersbøll,Kees Groenendijk,Harald Waldrauch
Acquisition and Loss of Nationality Book PDF

Author : Rainer Bauböck,Eva Ersbøll,Kees Groenendijk,Harald Waldrauch
Publisher : Amsterdam University Press
Page : 500 pages
File Size : 54,5 Mb
Release : 2006
Category : Social Science
ISBN : 9789053569207

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Acquisition and Loss of Nationality by Rainer Bauböck,Eva Ersbøll,Kees Groenendijk,Harald Waldrauch Pdf

Nationality and citizenship have been subjects of stormy policy debates in many EU countries in recent years. Concerns over the integration of immigrants, but also attempts to forge links with emigrants, have led to changes in the laws regulating loss and acquisition of nationality and citizenship. This title outlines the research conducted by a team of 30 researchers into the nationality laws and their implementation in 15 EU member states. Acquisition and Loss of Nationality - Volume 1 presents the results of a systematic comparative analysis. It uses a novel methodology that permits a detailed comparison how nationality can be acquired or lost across all 15 countries. The results show divergent trends towards liberalization in some countries and new restrictions of access to nationality in others. The book examines the impact of international and European law, presents statistical data on naturalization and assesses administrative practices. Although the European Union has no formal competence in regulating nationality, the nationality laws of member states are linked to each other via the common citizenship of the Union. Member States should therefore agree on common norms for their nationality laws. The book contains detailed policy recommendations based on the idea that stakeholders in the political community should be given access to nationality. Studies of each country's nationality law are published separately in "http://www.aup.nl/do.php?a=show_visitor_book & isbn=9789053569214" & gt; Volume 2. Additional material including detailed statistics and further comparative analyses of legal regulations of nationality is available at "http://www.imiscoe.org" & gt;www.imiscoe.org. Volume 1 & amp; 2 are also available as a set, "http://www.aup.nl/do.php?a=show_visitor_book & amp;isbn=9789053569498 & amp;l=2" & gt;click here for more information. This is the most comprehensive comparative study of the legal status of nationality so far and it will become an indispensable source of reference for further research. For more information see: "http://www.imiscoe.org/natac/" & gt;http://www.imiscoe.org/natac.

Nationality Law in the Western Hemisphere

Olivier Willem Vonk
Nationality Law in the Western Hemisphere Book PDF

Author : Olivier Willem Vonk
Publisher : Martinus Nijhoff Publishers
Page : 426 pages
File Size : 48,9 Mb
Release : 2014-09-22
Category : Law
ISBN : 9789004276413

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Nationality Law in the Western Hemisphere by Olivier Willem Vonk Pdf

In Nationality Law in the Western Hemisphere, Olivier Vonk provides the first comprehensive overview in English of the current grounds for acquisition and loss of citizenship of all thirty-five countries in the Americas and the Caribbean.

Citizenship Policies in the New Europe

Rainer Bauböck,Bernhard Perchinig,Wiebke Sievers
Citizenship Policies in the New Europe Book PDF

Author : Rainer Bauböck,Bernhard Perchinig,Wiebke Sievers
Publisher : Amsterdam University Press
Page : 465 pages
File Size : 54,5 Mb
Release : 2009
Category : Political Science
ISBN : 9789089641083

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Citizenship Policies in the New Europe by Rainer Bauböck,Bernhard Perchinig,Wiebke Sievers Pdf

"Citizenship Policies in the New Europe describes the citizenship laws in each of the twelve new countries as well as in the accession states Croatia and Turkey and analyses their historical background. Citizenship Policies in the New Europe complements two volumes on Acquisition and Loss of Nationality in the fifteen old Member States published in the same series in 2006." --Book Jacket.

Charity in Saudi Arabia

Nora Derbal
Charity in Saudi Arabia Book PDF

Author : Nora Derbal
Publisher : Cambridge University Press
Page : 369 pages
File Size : 51,8 Mb
Release : 2022-07-28
Category : History
ISBN : 9781316513477

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Charity in Saudi Arabia by Nora Derbal Pdf

An innovative study of charity practices in Saudi Arabia, focusing on ordinary Saudis who provide charity to the poor and needy.

Law and Migration in a Changing World

Marie-Claire Foblets,Jean-Yves Carlier
Law and Migration in a Changing World Book PDF

Author : Marie-Claire Foblets,Jean-Yves Carlier
Publisher : Springer Nature
Page : 843 pages
File Size : 49,8 Mb
Release : 2022-04-05
Category : Law
ISBN : 9783319995083

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Law and Migration in a Changing World by Marie-Claire Foblets,Jean-Yves Carlier Pdf

This volume comprises national reports on migration and migration law from 17 countries representing all continents. The vast majority of these are countries of immigration, which means they face specific challenges in terms of managing migratory flows that are increasingly linked with climate change and scarce natural resources worldwide, and they need to find viable ways to integrate humanitarian migration. Unlike so many recent publications in the field of international migration law, this book brings together reports on diverse countries that are rarely regarded as part of one and the same picture, depicting globalized migration in the contemporary era that to a large extent challenges state sovereignty. The contributions delineate the legal regimes that individual states are continually developing and modifying with a view to managing and controlling access of individual persons to their respective territories. They also show how the restrictive measures that states resort to in the event of failure to manage migration could have a lasting legal impact. The General Report preceding the country reports provides a comparative overview of the national reports, and is divided into two parts. The first, more technical in nature, addresses the classic questions relating to admission to and residence in a country. The second, more reflective section, examines the relationship between laws and migration in a wider and multidisciplinary perspective. To allow a robust comparison, the country reports all follow a similarly wide-ranging structure; to the extent possible, they also cover the historical, sociological and demographic factors that help explain legal regimes and migratory flows in each country. Each country report includes analyses of recent legislative developments and delicate questions that are still awaiting adequate (legal) responses as well as perspectives for the future.

Language and Nationality

Pietro Bortone
Language and Nationality Book PDF

Author : Pietro Bortone
Publisher : Bloomsbury Publishing
Page : 273 pages
File Size : 46,6 Mb
Release : 2021-09-23
Category : Language Arts & Disciplines
ISBN : 9781350071650

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Language and Nationality by Pietro Bortone Pdf

What role does language play in the formation and perpetuation of our ideas about nationality and other social categories? And what role does it play in the formation and perpetuation of nations themselves, and of other human groups? Language and Nationality considers these questions and examines the consequences of the notion that a language and a nationality are intrinsically connected. Pietro Bortone illustrates how our use of language reveals more about us than we think, is constantly judged, and marks group insiders and group outsiders. Casting doubt on several assumptions common among academics and non-academics alike, he highlights how languages significantly differ among themselves in structure, vocabulary, and social use, in ways that are often untranslatable and can imply a particular culture. Nevertheless, he argues, this does not warrant the way language has been used for promoting a national outlook and for teaching us to identify with a nation. Above all, the common belief that languages indicate nationalities reflects our intellectual and political history, and has had a tremendous social cost. Bortone elucidates how the development of standardized national languages – while having merits – has fostered an unrealistic image of nations and has created new social inequalities. He also shows how it has obscured the history of many languages, artificially altered their fundamental features, and distorted the public understanding of what a language is.

Citizenship in a Global World

A. Kondo
Citizenship in a Global World Book PDF

Author : A. Kondo
Publisher : Springer
Page : 260 pages
File Size : 42,8 Mb
Release : 2000-04-30
Category : Social Science
ISBN : 9780333993880

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Citizenship in a Global World by A. Kondo Pdf

This book presents a comparative analysis of residential, social, economic and political rights for aliens. We will analyse the concepts of nationality and citizenship. Some foreigners are increasingly able to enjoy traditional citizenship rights though residential and/or regional citizenship.

Filiation and the Protection of Parentless Children

Nadjma Yassari,Lena-Maria Möller,Marie-Claude Najm
Filiation and the Protection of Parentless Children Book PDF

Author : Nadjma Yassari,Lena-Maria Möller,Marie-Claude Najm
Publisher : Springer
Page : 412 pages
File Size : 49,8 Mb
Release : 2019-07-03
Category : Law
ISBN : 9789462653115

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Filiation and the Protection of Parentless Children by Nadjma Yassari,Lena-Maria Möller,Marie-Claude Najm Pdf

This book contains selected contributions presented during the workshop “Establishing Filiation: Towards a Social Definition of the Family in Islamic and Middle Eastern Law?”, which was convened in Beirut, Lebanon in November 2017. Filiation is a multifaceted concept in Muslim jurisdictions. Beyond its legal aspect, it encompasses the notion of inclusion and belonging, thereby holding significant social implications. Being the child of someone, carrying one’s father’s name, and inheriting from both parents form important pillars of personal identity. This volume explores filiation (nasab) and alternative forms of a full parent-child relationship in Muslim jurisdictions. Eleven country reports ranging from Morocco to Malaysia examine how maternal and paternal filiation is established – be it by operation of the law, by the parties’ exercise of autonomy, such as acknowledgement, or by scientific means, DNA testing in particular – and how lawmakers, courts, and society at large view and treat children who fall outside those legal structures, especially children born out of wedlock or under dubious circumstances. In a second step, alternative care schemes in place for the protection of parentless children are examined and their potential to recreate a legal parent-child relationship is discussed. In addition to the countr y-specific analyses included in this book, three further contributions explore the subject matter from perspectives of premodern Sunni legal doctrine, premodern Shiite legal doctrine and the private international law regimes of contemporary Arab countries. Finally, a comparative analysis of the themes explored is presented in the synopsis at the end of this volume. The book is aimed at scholars in the fields of Muslim family law and comparative family law and is of high practical relevance to legal practitioners working in the area of international child law. Nadjma Yassari is Leader of the Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” at the Max Planck Institute for Comparative and International Private Law while Lena-Maria Möller is a Senior Research Fellow at the Max Planck Institute and a member of the same Research Group. Marie-Claude Najm is a Professor in the Faculty of Law and Political Science at Saint Joseph University of Beirut in Lebanon and Director of the Centre of Legal Studies and Research for the Arab World (CEDROMA).

Ethnic Citizenship Regimes

A. Maatsch
Ethnic Citizenship Regimes Book PDF

Author : A. Maatsch
Publisher : Springer
Page : 222 pages
File Size : 46,9 Mb
Release : 2011-04-12
Category : Social Science
ISBN : 9780230307391

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Ethnic Citizenship Regimes by A. Maatsch Pdf

This book sheds light on the processes that have transformed national citizenship of the European Union's member states and explains the legislative changes that have taken place since the mid-1980s in Germany, Hungary and Poland.