Russian Nobleman Nationality Case

In: International law reports, Band 72, S. 435-445

Abstract

States as intemational persons — In general — Extinction of States — Effect on nationality — The law of the Federal Republic of GermanyStates as international persons — Succession of governments — In general — Effect on nationality — Russian Revolution, 1917 — The law of the Federal Republic of GermanyState territory — In general — Effects of changes of sovereignty — On nationality — Russian Revolution, 1917 — The law of the Federal Republic of GermanyThe individual in international law — Nationality — In general Claim for unjust enrichment — Continuity of nationality of ownership of claim — Iran- United States Claims Settlement Declaration, 1981 — The law and practice of the Iran- United States Claims TribunalThe individual in international law — Nationality — Acquisition of — Nationality as affected by change of sovereignty — Conditions for acquisition of nationality — Whether governed by international law or a matter for State discretion — Changes in sovereignty over State territory — Effect on nationality — Russian Revolution, 1917 — The law of the Federal Republic of Germany Seep. 435 (Russian Nobleman Nationality Case).The individual in international law — Miscellaneous — Refugees — Geneva Convention Relating to the Status of Refugees, 1951, Article 12 (2) — Whether has retroactive effect on rights acquired under old personal status — The law of the Federal Republic of GermanyTreaties — Conclusion and operation of — Operation and enforcement — Geneva Convention Relating to the Status of Refugees, 1951 — Whether has retroactive application — The law of the Federal Republic of GermanyTreaties — Interpretation of — Agencies of interpretation — Presumed intention of the parties — Policy considerations — Geneva Convention Relating to the Status of Refugees, 1951 — Whether has retroactive application — The law of the Federal Republic of GermanyWar and neutrality — Warfare on land — Occupation of enemy territory — Nature and effects of the occupation — Extent of legislative power of occupying State — The law of the Federal Republic of GermanyThe individual in international law — Nationality — Expatriation Loss of Nationality — Emigration — Whether automatically results in loss of nationality — Conditions for acquisition and loss of nationality — Whether governed by international law or State discretion — Succession of governments — Russian Revolution, 1917 — Effect on nationality — Changes in sovereignty over State territory and extinction of States — Effect on nationality — Russian citizen abroad — Whether affected by Soviet decree abolishing nobility — Personal and territorial jurisdiction — Definition — Geneva Convention Relating to the Status of Refugees, 1951, Article 12 (2) — Whether having retroactive effect on acquired rights — Wartime occupation — Extent of legislative power of occupying State — Principle of good faith Applicability to measures enacted during occupation — The law of the Federal Republic of Germany