On nationality
In: Nations and nationalism: journal of the Association for the Study of Ethnicity and Nationalism, Band 2, Heft 3, S. 409-422
ISSN: 1354-5078
In: Nations and nationalism: journal of the Association for the Study of Ethnicity and Nationalism, Band 2, Heft 3, S. 409-422
ISSN: 1354-5078
In: The international & comparative law quarterly: ICLQ, Band 25, Heft 1, S. 245-246
ISSN: 1471-6895
In: American journal of international law: AJIL, Band 24, Heft S1, S. 9-25
ISSN: 2161-7953
In: Current History, Band 3, Heft 5, S. 911-913
ISSN: 1944-785X
In: Oxford political theory
In: Political studies, Band 45, Heft 1, S. 123-124
ISSN: 0032-3217
In: Radical philosophy: a journal of socialist and feminist philosophy, Heft 80, S. 37-40
ISSN: 0300-211X
In: Nations and nationalism: journal of the Association for the Study of Ethnicity and Nationalism, Band 2, Heft 3, S. 409-421
ISSN: 1469-8129
In: International affairs, Band 72, Heft 4, S. 792-792
ISSN: 1468-2346
In: American journal of international law: AJIL, Band 24, Heft 3, S. 556-561
ISSN: 2161-7953
The history of international nationality law & the concept of relational nationality are discussed, drawing on relational feminism. Prior to 1997, theory on nationalism took an individualistic perspective, avoided multiple nationality, & assumed the wife's nationality was dependent on the husband's. The 1997 European Convention on Nationality sought to address issues of multiple nationality & gender equality; it was neutral on multiple nationality because a gender equality perspective on nationality suggest accepting it in cases where spouses are of mixed nationalities. This points to a theory of relational nationalism in which marriage & family relations are important, & where family may mediate loyalties in a complex manner. Questions of statelessness & how the nationality laws in jus sanguinis regimes may be applied differentially to the first three generations are discussed. 108 References. M. Pflum
EUDO Citizenship Observatory ; The relationship between the nationality laws of the European Union Member States and European citizenship has long been the subject of academic discussion. The objective of the present paper is to investigate particularly the impact of the dual nationality regimes – for our purposes to be understood as the possession of a Member State and a non-Member State nationality – on access to European citizenship. Based on an analysis of dual nationality in three different historical-constitutional contexts (post-colonialism, post-emigration and post-communism), we argue that the use of dual nationality – in combination with a preferential nationality regime for certain groups residing outside the EU –, results in discrimination against migrants on the basis of their origin. The different dual nationality policies also affect the EU at large as Member State nationals enjoy – as European citizens – the right of free movement and residence in the Union's territory. At the same time, however, it can be seriously queried whether these 'external EU citizens' can demonstrate a real link with the Member States granting their nationality. Finally, the examination of the case law of the European Court of Justice shows that tensions have already arisen between different Member State nationality laws; it is expected that these tensions will arise even more frequently in the future precisely as a result of the privileged route towards the acquisition of a second 'European' nationality. As the latter development is negatively perceived by many Member States, the EU may decide to undertake action in the area of nationality. This, in turn, could give rise to the legal autonomy of Union citizenship.
BASE
In: American journal of international law: AJIL, Band 5, Heft 2, S. 325-354
ISSN: 2161-7953
France has had a richer legislative experience in matters of nationality than any other country. Scarcely a decade has passed since the Revolution in which some project for legislation has not been proposed, and during the intervals between these projects the subject has been kept alive by very intelligent discussion on the part of statesmen and writers. A resumé of French legislation will indicate the trend of thought in France and throw light upon the policies behind the present law. In so brief a summary as is here presented it will be impossible, however, to refer to the numerous proposals which never passed beyond the stage of debate. We shall confine ourselves to the laws as adopted, and these will suffice for our purpose.The law existing in France immediately anterior to the Revolution conferred French nationality on persons (1) born on French soil; (2) born in a foreign country of a French father who had not established his domicile in that country nor lost his intent to return, provided the person so born returned to France.