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Timorese citizenship was born with the new independent state, on 20 May 2002. The Constitution of the Democratic Republic of Timor-Leste (Constituição da República Democrática de Timor-Leste), which entered into force on that same day, set the criteria for the attribution of Timorese citizenship by birth (cidadania originária) and referred to ordinary legislation the definition of the rules on acquisition, loss, reacquisition, registration and proof of Timorese citizenship (Article 3, under the heading 'citizenship'). Much like the rest of the constitutional text, Article 3 reflects the combined influences of the Mozambican Constitution of 1990 and of the Portuguese Constitution of 1976. The first is reflected in the Constituent Assembly's option for setting substantive criteria for the attribution of citizenship, while the second is evidenced by its option for referring the bulk of the citizenship regime to ordinary legislation. The combination is not without difficulties. Article 3 of the Timorese Constitution adopts the traditional jus soli and jus sanguinis principles for the attribution of citizenship by birth. Both principles are enunciated in very broad terms, making access to Timorese citizenship by birth remarkably easy. This may be explained by the fact that Timor-Leste is a small and poor country with a vast diaspora, but later legal developments, i.e. the adoption of the 2002 Nationality Act and of the 2004 Nationality Regulation, suggest that the Constituent Assembly might have come across as more inclusive than what was actually intended. The attempts made by the National Parliament and by the Government to introduce restrictions in the access to Timorese citizenship by birth lack a constitutional mandate and should be deemed unconstitutional. The issue, however, has not yet reached the Timorese courts and seems to be absent from academic and political debates in the country. The chapter provides historical background to the current citizenship regime in Timor-Leste, covering membership criteria ...

Resumen: La interseccionalidad como paradigma ha ganado popularidad creciente en la academia de habla anglosajona en los últimos veinticinco años. Se ilustran aquí brevemente sus orígenes conceptuales y su conexión con las teorías feministas contra-hegemónicas. Se destaca como se originó en el marco de los Critical Legal Studies en el contexto socio-jurídico estadounidense de los años 70. La interseccionalidad se presenta como categoría analítica para identificar de qué manera la intersección de las estructuras sociales (género, sexualidad, raza, nacionalidad, clase, dis-capacidad) genera situaciones de discriminación complejas que se mantienen y reproducen tanto en el nivel estructural, como político y discursivo. Se insiste finalmente en el potencial de la interseccionalidad como herramienta para desvelar los efectos indeseados de exclusión social reproducidos y reforzados por el derecho y las políticas públicas e incluir la dimensión sustantiva de la igualdad. Palabras clave: Interseccionalidad, Igualdad, Discriminación múltiple, Género, Sexualidad, Raza, Nacionalidad, Clase, Dis-capacidad. Abstract: Intersectionality is a paradigm that gained increasing popularity in the Anglo-Saxon scholarship for the past twenty-five years. Its conceptual genealogy and its connection with counter-hegemonic feminist theories are briefly illustrated here. It is described how intersectionality originated within the framework of Critical Legal Studies in the US socio-legal context of the 1970s. Intersectionality is presented as an analytical category to identify how the intersection of social structures (gender, sexuality, race, nationality, class and dis-ability) generates complex situations of discrimination that are maintained and reproduced at the structural, political and discursive levels. It finally emphasizes the potential of intersectionality as a tool to uncover of social exclusion unintentionally reproduced and reinforced by law and public policies and include the substantive dimension of equality. Keywords: Intersectionality, Equality, Multiple Discrimination, Gender, Sexuality, Race, nationality, Class, Dis-ability.doi: https://doi.org/10.20318/eunomia.2017.3651

<p><strong>A REGULAÇÃO ESTATAL DOS SERVIÇOS DE SEGURANÇA PRIVADA E A REGRA DE NACIONALIDADE</strong></p><p><strong>Resumo:</strong> O estudo discute a aplicação da Lei 7.102 de 1983, que regulou o funcionamento das empresas de segurança privada e criou restrição sobre a extensão e efeitos da exigência de nacionalidade. Analisa-se a extensão e efeitos da exigência de nacionalidade: Teria a lei vedado a simples participação de capital estrangeiro em empresas de segurança privada? Além disso, há algum tipo de restrição à forma de organização jurídica dos sócios de empresas de segurança privada? Ou à participação de estrangeiros em sua propriedade e administração?</p><p><strong>Palavras-chaves:</strong> Regulação Estatal; Segurança privada; Lei 7.102, de 1983; Estrangeiros; Extensão.</p><p><strong>REGULATION ON PRIVATE SECURY SERVICES AND THE NATIONALITY RULE </strong></p><p><strong>Abstract:</strong> The study discusses the application of Law 7.102 of 1983, which regulated the operation of private security companies and created restrictions on foreign participation in its ownership and management. It analyzes the extent and effects of nationality requirement: Would the law prohibited the mere participation of foreign capital in private security companies? Also, there is some sort of restriction on the form of legal organization of members of private security companies? Or to the participation of foreigners in its ownership and management?</p><p><strong>Keywords:</strong> State Regulation; Private security. Law 7.102 of 1983; Foreigners; Extension.</p><p><strong>Data da submissão:</strong> 12/05/2016 <strong>Data da aprovação:</strong> 12/06/2016</p>

Indonesian government policies that emphasize economic growth and national stability, characterized by authoritarian and centralized government in the past, inflict a disparity in regional growth. The control of central government to the region, seems to disturb the sense of justice and the welfare of the people on the borderline territory which are considered retarded, isolated, and marginalized. Moreover, the increasing of smuggling, human trafficking, and terrorism has been disturbing the sense of historical awareness in relation to the issue of nationality. It started from reform era followed by regional autonomy policy gives space to the region government to balance the local development. This article discussed, first: The importance of History education in borderline territory, Second: ethnic historical concept and regional studies in borderline territory, third: ethnical integration based on sociocultural aspect of national character reinforcement in borderline, and fourth: history education development to increase the competitiveness, which also expected to strengthen the nationalism in borderline territory. ; Indonesian government policies that emphasize economic growth and national stability, characterized by authoritarian and centralized government in the past, inflict a disparity in regional growth. The control of central government to the region, seems to disturb the sense of justice and the welfare of the people on the borderline territory which are considered retarded, isolated, and marginalized. Moreover, the increasing of smuggling, human trafficking, and terrorism has been disturbing the sense of historical awareness in relation to the issue of nationality. It started from reform era followed by regional autonomy policy gives space to the region government to balance the local development. This article discussed, first: The importance of History education in borderline territory, Second: ethnic historical concept and regional studies in borderline territory, third: ethnical integration based on sociocultural aspect of national character reinforcement in borderline, and fourth: history education development to increase the competitiveness, which also expected to strengthen the nationalism in borderline territory

International audience ; The day after the 2015 Belgian National Day (21 July), a political and media controversy exploded. A MR (Mouvement réformateur – Wallon party) party's deputy declared on his public social media page that it was a shame that the only person interviewed by a national TV channel during the celebration was a Belgian veiled woman of Moroccan origin. To quote his words: "Ah, the ONLY person interviewed by the Radio Television Belge Francophone (RTBF), a veiled women that says nice things about Belgium! Yeah, we live in a marvellous country, but not politically correct! As if during the Congo national day, Congolese TV would interview a White man, and only him! But in Congo this will never happen! […]". Then, he declared "this way the RTBF wants to confine us within a sort of communitarian regime!" Public reactions for and against these statements have quickly run on social media as well as the newspapers. This event is one among several others in the country. For instance, in 2010-2011, some deputies submitted a proposal to restraint family reunification arguing that "most of these family reunifications are solicited by Belgian citizens, born in Belgium from immigrant parents, or having acquired Belgian nationality" and declaring openly that this measure aimed to stop intra communitarian marriages as they perceive that intra-family marriages are conducive to migration among Moroccans. Do not old legacies matter?Since the 1960s, Morocco has been the main workforce supplier for Belgium (convention of 1964). Nowadays, Moroccans are the most ancient migrant community. In 2012, they reached a total of 429500 and 49% of this demographic group had acquired the Belgian nationality. The population of Belgians of Moroccan origin represent 13% of the whole population in Brussels. Besides, Moroccans are the most significant group of non-EU entrepreneurs (8% out of the total). Overall, Moroccan immigration to Belgium was mainly driven by the pursuit of more prosperous economic opportunities. However, ...

"This is the law of an emigration country": Principles of nationality and representations of the nation in Lebanon This paper questions the relationship between the representation of Lebanon as an emigration country and the supremacy of the right of blood in the Lebanese nationality law, at the expense of the right of soil. By doing so, it intends to understand the relation between citizenship, defined as a factor of inclusion and exclusion, and the invention of the Lebanese national identity. It adopts an approach based on the analysis of norms, rather than practices. In a first section, it shows how the representation of Lebanon as an emigration country justifies the supremacy of the right of blood in the legal literature of the French mandate in Lebanon. Then, through the writings of two political thinkers (Antoun Saade and Michel Chiha), it analyzes how the emigrant has become a key figure of the (Lebanese and Pan-Syrian) national imaginary, and an object of competing representation, in relation with antagonist conceptions of the nation. ; Cet article interroge la relation entre la représentation du Liban comme pays d'émigration et la prééminence du droit du sang comme principe de la nationalité libanaise, au détriment du droit du sol. Par là, il se propose donc de poser des jalons pour comprendre la relation entre la nationalité, définie comme un facteur d'inclusion et d'exclusion, et l'invention de l'identité nationale libanaise. L'approche adoptée privilégie l'analyse des normes de la nationalité, plutôt que celle les pratiques. L'article montre d'abord comment la représentation du Liban comme pays d'émigration justifie la prééminence du droit du sang comme principe de la nationalité dans la littérature juridique contemporaine du mandat français au Liban. Puis, à travers les écrits consacrés à l'émigration de deux penseurs nationalistes (Antoun Saadé et Michel Chiha), il montre comment l'émigré devient une figure centrale de l'imaginaire national (libanais et pansyrien) et un objet de représentations ...

"This is the law of an emigration country": Principles of nationality and representations of the nation in Lebanon This paper questions the relationship between the representation of Lebanon as an emigration country and the supremacy of the right of blood in the Lebanese nationality law, at the expense of the right of soil. By doing so, it intends to understand the relation between citizenship, defined as a factor of inclusion and exclusion, and the invention of the Lebanese national identity. It adopts an approach based on the analysis of norms, rather than practices. In a first section, it shows how the representation of Lebanon as an emigration country justifies the supremacy of the right of blood in the legal literature of the French mandate in Lebanon. Then, through the writings of two political thinkers (Antoun Saade and Michel Chiha), it analyzes how the emigrant has become a key figure of the (Lebanese and Pan-Syrian) national imaginary, and an object of competing representation, in relation with antagonist conceptions of the nation. ; Cet article interroge la relation entre la représentation du Liban comme pays d'émigration et la prééminence du droit du sang comme principe de la nationalité libanaise, au détriment du droit du sol. Par là, il se propose donc de poser des jalons pour comprendre la relation entre la nationalité, définie comme un facteur d'inclusion et d'exclusion, et l'invention de l'identité nationale libanaise. L'approche adoptée privilégie l'analyse des normes de la nationalité, plutôt que celle les pratiques. L'article montre d'abord comment la représentation du Liban comme pays d'émigration justifie la prééminence du droit du sang comme principe de la nationalité dans la littérature juridique contemporaine du mandat français au Liban. Puis, à travers les écrits consacrés à l'émigration de deux penseurs nationalistes (Antoun Saadé et Michel Chiha), il montre comment l'émigré devient une figure centrale de l'imaginaire national (libanais et pansyrien) et un objet de représentations concurrentes, en relation avec des conceptions antagonistes de la Nation.

Under the "complementarity" regime of the Rome Statute of the International Criminal Court (ICC), the jurisdiction of the ICC is secondary to the jurisdiction of domestic courts. States Parties, not the ICC, have the primary responsibility of investigating and prosecuting international crimes. The ICC acts only when States are "unable" or "unwilling" to prosecute. As a State Party, in order to give effect to the complementarity principle, South Africa enacted the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, which determines the modalities of prosecuting perpetrators of the crimes of genocide, crimes against humanity and war crimes in South African courts. The Implementation Act also provides that South African courts will have jurisdiction over these crimes not only when they are committed on the territory of South Africa but also when they are committed outside the Republic. By granting South African courts jurisdiction over a person who commits a crime outside the Republic when that person is later found on South African territory, without regard to that person's nationality or the nationality of the victims, the Implementation Act empowers South African courts with universal jurisdiction over international crimes. This paper seeks to determine whether and to what extent foreign State officials, such as foreign heads of State, heads of government and ministers of foreign affairs, can plead immunity when they are accused of international crimes before South African courts when exercising their universal jurisdiction in terms of the Implementation Act and in accordance with the complementarity regime of the Rome Statute. In other words, the article endeavours to determine whether international law rules regarding immunities of State officials may or may not limit the ability of South African courts to exercise universal jurisdiction over international crimes committed in foreign States.

"This is the law of an emigration country": Principles of nationality and representations of the nation in Lebanon This paper questions the relationship between the representation of Lebanon as an emigration country and the supremacy of the right of blood in the Lebanese nationality law, at the expense of the right of soil. By doing so, it intends to understand the relation between citizenship, defined as a factor of inclusion and exclusion, and the invention of the Lebanese national identity. It adopts an approach based on the analysis of norms, rather than practices. In a first section, it shows how the representation of Lebanon as an emigration country justifies the supremacy of the right of blood in the legal literature of the French mandate in Lebanon. Then, through the writings of two political thinkers (Antoun Saade and Michel Chiha), it analyzes how the emigrant has become a key figure of the (Lebanese and Pan-Syrian) national imaginary, and an object of competing representation, in relation with antagonist conceptions of the nation. ; Cet article interroge la relation entre la représentation du Liban comme pays d'émigration et la prééminence du droit du sang comme principe de la nationalité libanaise, au détriment du droit du sol. Par là, il se propose donc de poser des jalons pour comprendre la relation entre la nationalité, définie comme un facteur d'inclusion et d'exclusion, et l'invention de l'identité nationale libanaise. L'approche adoptée privilégie l'analyse des normes de la nationalité, plutôt que celle les pratiques. L'article montre d'abord comment la représentation du Liban comme pays d'émigration justifie la prééminence du droit du sang comme principe de la nationalité dans la littérature juridique contemporaine du mandat français au Liban. Puis, à travers les écrits consacrés à l'émigration de deux penseurs nationalistes (Antoun Saadé et Michel Chiha), il montre comment l'émigré devient une figure centrale de l'imaginaire national (libanais et pansyrien) et un objet de représentations concurrentes, en relation avec des conceptions antagonistes de la Nation.

The article shows the influence of ethno-social problems on the Ukrainian-Polish relations in Right-Bank Ukraine. Author in the debate with researchers of the issued problem proves that at the late 18th and early 19th centuries Polish-Ukrainian relations weren't of antagonistic character neither in the ethno-social nor in the ethno-political sphere. The author doesn't idealize relations between Ukrainian peasants and Polish landowners, but argues that the nobility understood sense of human dignity and needed the support of the local inhabitants, especially after the defeat of the rebellion in 1830-1831. Peasants realized that their socialeconomic situation wouldn't change: Russian landowners would come instead of Polish landowners. Therefore, there appeared political organizations aimed at complete emancipation of the peasants, transferring the lands to the property of peasants without compensation and the complete political equality irrespective of the social origin, religion and nationality. ; The article shows the influence of ethno-social problems on the Ukrainian-Polish relations in Right-Bank Ukraine. Author in the debate with researchers of the issued problem proves that at the late 18th and early 19th centuries Polish-Ukrainian relations weren't of antagonistic character neither in the ethno-social nor in the ethno-political sphere. The author doesn't idealize relations between Ukrainian peasants and Polish landowners, but argues that the nobility understood sense of human dignity and needed the support of the local inhabitants, especially after the defeat of the rebellion in 1830-1831. Peasants realized that their socialeconomic situation wouldn't change: Russian landowners would come instead of Polish landowners. Therefore, there appeared political organizations aimed at complete emancipation of the peasants, transferring the lands to the property of peasants without compensation and the complete political equality irrespective of the social origin, religion and nationality.

Under the "complementarity" regime of the Rome Statute of the International Criminal Court (ICC), the jurisdiction of the ICC is secondary to the jurisdiction of domestic courts. States Parties, not the ICC, have the primary responsibility of investigating and prosecuting international crimes. The ICC acts only when States are "unable" or "unwilling" to prosecute. As a State Party, in order to give effect to the complementarity principle, South Africa enacted the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, which determines the modalities of prosecuting perpetrators of the crimes of genocide, crimes against humanity and war crimes in South African courts. The Implementation Act also provides that South African courts will have jurisdiction over these crimes not only when they are committed on the territory of South Africa but also when they are committed outside the Republic. By granting South African courts jurisdiction over a person who commits a crime outside the Republic when that person is later found on South African territory, without regard to that person's nationality or the nationality of the victims, the Implementation Act empowers South African courts with universal jurisdiction over international crimes. This paper seeks to determine whether and to what extent foreign State officials, such as foreign heads of State, heads of government and ministers of foreign affairs, can plead immunity when they are accused of international crimes before South African courts when exercising their universal jurisdiction in terms of the Implementation Act and in accordance with the complementarity regime of the Rome Statute. In other words, the article endeavours to determine whether international law rules regarding immunities of State officials may or may not limit the ability of South African courts to exercise universal jurisdiction over international crimes committed in foreign States.

The purpose of this work is to analyse the flows of foreign direct investment (FDI) in the Tunisian agri-food industry (IAA), in a context of economic liberalisation and the promotion of external investment, and to identify their development and impact on boosting the agri-food industry in Tunisia. After examining Tunisia's FDI scheme, we looked at the FDI actually carried out in the Tunisian IAA through a survey with the Foreign Investment Promotion Agency (FIPA), with a view to understanding the scale of the phenomenon in the country's economy. The examination of a sample of 48 agri-food companies, whether foreign or foreign-owned, present in Tunisia, enabled us to identify their characteristics (nationality of the investor country, location in Tunisia, sector of activity, production regime, etc.) and used us to confirm the characteristics of those enterprises and to verify the relevance of the assumptions made. This empirical analysis was based mainly on theoretical foundations inspired by J. Dunning's ecectic paradigm. ; International audience The purpose of this work is to analyze the flow of Foreign Direct Investments (FDI) in the Tunisian agri-food industries, in a context of economic liberalization and promotion of foreign investments, and to trace their evolution and impact on boosting the agri-food processing industry. After reviewing the Tunisian arrangements for FDI promotion, we tackled the actual FDIs in Tunisia through a survey at the Foreign Investment Promotion Agency (FIPA), in order to appreciate the extent of the phenomenon in the country's economy. The evaluation of a sample of 48 foreign food processing industries enabled us to identify their characteristics (nationality of the investor country, location in the Tunisian territory, mode of production.), to confirm them and to check the consistency of our assumptions. The empirical analysis is based on a theoretical background inspired by the eclectic paradigm of John Dunning. ; The purpose of this work is to analyse the flows of foreign ...

Since the mid-nineteenth century the political, economic and cultural influence of France on the development of Algeria was especially significant. The University of Algiers became a regional centre for French science and culture, where the research on law and political history was influenced by the official policy of Paris. That tendency is also reflected in the dissertation of J. Le Bideau. He viewed the problem of Lithuanian historical capital's belonging through the prism of demographics and the native language of the local inhabitants. The dissertation refers to the authoritative French scholars of the time. However, even during the 1930s part of French political elite and intellectuals were still sceptical towards the restoration of Lithuania's independence. In dealing with the question of inhabitants' mother tongue, J. Le Biddeau expresses quite strong opinion that Polish language was the most widespread in the territory in question, and that the city of Vilnius, which had been Lithuania's capital earlier, now became one of Poland's major university towns. He completely agreed with the content of the Ambassador Conference's (March 15, 1923) verdict "Concerning the eastern borders of Poland" and even maintained that the breach of the Suwalki treaty and the aggression of L. Zeligowski was the optimal solution to the stalemate in the conflict between the two neighbouring countries. However, in the end of the 19th century the people of Polish nationality did not constitute the majority of inhabitants neither in the Vilnius county, nor in the Trakai or Švenčionys counties. Thus, it may be assumed that after the military invasion of L. Zeligowski, local Belarusians and Russians might have changed their nationality for various reasons. The major towns of Lithuania at the end of 19th century were linguistically more Jewish than Polish. However, language alone could not determine a person's ethnic belonging. [.]

Since the mid-nineteenth century the political, economic and cultural influence of France on the development of Algeria was especially significant. The University of Algiers became a regional centre for French science and culture, where the research on law and political history was influenced by the official policy of Paris. That tendency is also reflected in the dissertation of J. Le Bideau. He viewed the problem of Lithuanian historical capital's belonging through the prism of demographics and the native language of the local inhabitants. The dissertation refers to the authoritative French scholars of the time. However, even during the 1930s part of French political elite and intellectuals were still sceptical towards the restoration of Lithuania's independence. In dealing with the question of inhabitants' mother tongue, J. Le Biddeau expresses quite strong opinion that Polish language was the most widespread in the territory in question, and that the city of Vilnius, which had been Lithuania's capital earlier, now became one of Poland's major university towns. He completely agreed with the content of the Ambassador Conference's (March 15, 1923) verdict "Concerning the eastern borders of Poland" and even maintained that the breach of the Suwalki treaty and the aggression of L. Zeligowski was the optimal solution to the stalemate in the conflict between the two neighbouring countries. However, in the end of the 19th century the people of Polish nationality did not constitute the majority of inhabitants neither in the Vilnius county, nor in the Trakai or Švenčionys counties. Thus, it may be assumed that after the military invasion of L. Zeligowski, local Belarusians and Russians might have changed their nationality for various reasons. The major towns of Lithuania at the end of 19th century were linguistically more Jewish than Polish. However, language alone could not determine a person's ethnic belonging. [.]

Answers to the question of what it means to be a citizen are as old as political theory itself. These answers have changed throughout history because citizenship is an open and unstable concept, which is provided its contents and meanings based on diverse political relations and contexts, in interaction with which it is formed and changed. For centuries the concept of citizenship has been associated with the nation-state and nationality. Today, this modern notion of citizenship has been challenged by globalisation and global migrations. Contemporary global transformations give rise to a new form of citizenship that is not constituted exclusively around the ideas of territoriality and belonging. The main thesis of this article is that a theory of citizenship for a multicultural and global society must be based on the separation between citizenship and nationality. Global citizenship should be understood as an inclusive political community without any claim to common identity and belonging. We identify some major theoretical implications of global migration through which we can understand the need for contemporary conceptual changes that marks a rupture with the ways in which we have previously considered citizenship. By exploring the intersections of citizenship, community, and migration, we aim to deconstruct the contradictions of national citizenship and their simplistic transference to the global level in order to find ways of achieving new concept of imagining and practising political citizenship without belonging. ; Odgovori na vprašanje, kaj pomeni biti državljan, so stari toliko kot sama politična teorija. Ti odgovori so se spreminjali skozi zgodovino, kajti državljanstvo je odprt in nestabilen koncept, ki svojo vsebino in pomene dobiva na podlagi različnih političnih odnosov in kontekstov, v interakciji s katerimi nastaja in se spreminja. Koncept državljanstva je bil stoletja povezan z nacionalno državo in nacionalnostjo. Tovrstno moderno predstavo državljanstva danes spreminjajo globalizacija in globalne ...