In: Mouton, Jean-Denis, Kovács, Peter (ed.), The Concept of Citizenship in International Law, Centre de Recherche, Académie de droit international de La Haye, Brill | Nijhoff, Leiden/Boston, January 2019
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.
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.
AbstractAlthough both of the categories of nationality and religion are difficult to define, it is nonetheless necessary to do so. Having done so, one can proceed with clarifying what is distinctive of each of them, and, thus, be in a position to ascertain their points of convergence and difference. Evaluation of the contribution of Anthony Smith to our understanding of the relation between nationality and religion is the point of departure for a re‐examination of the relation.
I: Introduction -- 1. Outline -- 2. Ships -- 3. Nationality -- II: The Meaning of Allocation -- 1. Introduction -- 2. The term jurisdiction -- 3. Which international person may have the power to prescribe rules of conduct, to threaten sanctions, and to enforce sanctions with regard to the ship-users? -- 4. The right to prescribe rules for ship-users -- 5. The right to enforce sanctions against ship-users -- 6. The right of protection -- 7. The duties of the flag state -- III: Acquisition of Allocation -- 1. Introduction -- 2. Terminology -- 3. The relation between immatriculation, "nationality", "registration", "documentation" and "flag" -- 4. The cognoscible decision to immatriculate -- 5. Multiple allocation -- 6. Fraud -- 7. Evidence of allocation -- IV: Sufficient Authority -- 1. Introduction -- 2. History of the third sentence of article 5 -- 3. Exclusive authority -- 4. The purpose of the "genuine link" -- 5. "Genuine link" — the expression and its concretion -- 6. Means — government agencies outside the flag state -- 7. Means — government agencies within the flag state -- 8. A complete and a partial irrelevance -- 9. The "genuine link" a condition and a precept -- 10. Some conclusions with respect to the application of the "genuine link" rule -- V: Three Particular Questions -- 1. Loss and change of allocation -- 2. Statelessness -- 3. International Organizations -- VI: Summary -- Cases Mentioned in the Text -- General Index.