Neuman, Gerald L., 175 [22] As of 2004 approximately 200 Kola Norwegians had moved back to Norway. DOC. Shachar, Ayelet, The Birthright Lottery: Citizenship and Global Inequality (2009). Guy I. F., Leigh, By international custom, each sovereign state generally has the right to freely determine who it will recognise as its nationals and citizens. Citizenship and Immigration in Australia, in See, e.g., that is, that this subject is especially difficult because of the fact that it is to a great extent ‘political.’“). Rainer, Bauböck & Perchinig, Bernhard, See, e.g., Perez v. Brownell, 356 U.S. 44, 64 (1958) (Warren, C.J., dissenting) (“Citizenship is man’s basic right for it is nothing less than the right to have rights.”); see also Sokoloff, supra note 152, at 19-22 (describing threat to basic rights of noncitizens); infra notes 317-21 and accompanying text. 180 (1998) (characterizing nationality practice as the “last bastion of sovereignty”); Saskia Sassen, Territory, Authority, Rights: from Medieval to Global Assemblages 2 81 - 82 (2006) (“International law affirms that each state may determine who will be considered a citizen of that state.”). It is a highly charged, openly emotional consideration of the subject, expressly denominated as “a plea” and reading as such. The Outer Boundaries of the German Citizenship Debate, 8 Int’L J. Const. 261, UN Doc. Bosniak, Linda, [S]tates have basically unfettered freedom in determining whom they consider a national.”); Goldston, supra note 119, at 323 (“determining membership in a territorially circumscribed political community remains one of the core attributes of state sovereignty”); Hailbronner, supra note 20, at 35 (“public international law has very little to say about the scope and limits of a state’s determination of nationality”); Rubenstein, supra note 10, at 164 (“International law affirms that it is for each state to determine who are its nationals.”); Sloane, supra note 62, at 7 (“international law still does not, with few and vague exceptions, seek to regulate the sovereign competence of states to designate national or juridical persons as their nationals”). 103 See Jones, supra note 65, at 236—37 (cataloguing states with exceptional naturalization provisions as of 1956). Hailbronner, Kay, Nationality in Public International Law and European Law, in 1 Acquisition and Loss of Nationality, supra note 5, at 35, 54 See Spiro, supra note 2. If the ancestry dates back several generations, a residence permit cannot be granted on this basis.[16]. International Norms: Domestic Actors, Immigrants, and the Japanese State, See Letter from the Director of the Legal Section of the League of Nations to the President of the International Society of International Law (Apr. as distinct from the conferment of nationality, withdrawal of nationality does not involve a direct infraction of the rights of other states”); see also Van Panhuys, supra note 70, at 163 (“it remains to be seen whether, from the point of view of positive international law, this type of denationalisation must be regarded as illegal and void”). A/56140 (2001) (same); Committee on the Elimination of Discrimination Against Women, Concluding Observations: Venezuela, para. 28,2009) (expressing “serious concern” regarding “long delay in the processing of citizenship applications” following the September 11 attacks). See, e.g., Rubio-MarÌn, supra note 2, at 19 n.7; The English Law of Nationality and Naturalization, 334 It was only after 1990 that many of the Kola Norwegians again dared to emphasize their background. 177-78, UN Doc. 1 Acquisition and Loss of Nationality, supra note 5, at Johannes M. M., Chan, * Thanks to participants in faculty colloquia and workshops at Georgetown Law Center, Fordham Law School, University of Cincinnati Law School, Arizona State University College of Law, Australian National University, and the Minerva Center for Human Rights at the Hebrew University of Jerusalem for helpful suggestions on earlier drafts. Nationality law (or citizenship law) is the law of a sovereign state, and of each of its jurisdictions, that defines the rights and obligations of citizenship within the jurisdiction as well as he manner in which citizenship is acquired and how it may be lost. See, e.g., Eide, supra note 136, at 122 (“The regulation of citizenship in international law is therefore very much in the making, but the direction is clear.”). The provision did not mandate the substantive conditions for expatriation. 153 180 74 This problem was a far more pressing one than that resulting from the unusual fact pattern in Nottebohm. 139 the Republic OF Liberia 13-14 (May 2009), at I (Oct. 3, 1995). 83 352 140 Brownlie, supra note 14, at 300, 364; see also Chan, supra note 106, at 6 (commending “cautious approach” of Inter-American Court of Human Rights on the issue, “since probably no area is more sensitive to State sovereignty than the conferment or withdrawal of nationality”). . See supra notes 123-29 and accompanying text. European Union Democracy Observatory on Citizenship (Mar. Flournoy, an assistant to the solicitor of the Department of State, was a prolific writer on nationality issues. A/51/40, vol. Brit. 39 497, UN Doc. 176, UN Doc. 60 “[I]t is the bond of nationality between the State and the individual which alone confers upon the State the right of diplomatic protection.” Panevezys-Saldutiskis Railway (Est. Walter, Kälin, See 96 Hansen, Randall, ), 1939 PCIJ (ser. 1 (2008). See, e.g., 6 In the modern era, “nationality” was used to designate the status by which an individual is tied to a state for international purposes, whereas “citizenship” denoted the status for purposes of municipal law. ; see also ", This page was last edited on 18 August 2020, at 21:46. Citizenship, Public and Private, , 7 Citizenship Stud. 110, UN Doc. Id., Arts. 19, UN Doc. 245 72 The Court itself clearly saw the case as salient to dual nationality, drawing on the approach of arbitral tribunals to cases involving dual nationals. Y.B. See Citizenship Policies in the New Europe, supra note 5, at 52-53 (Estonia), 66 - 67 (Latvia). A/53/18, (Sept. 10, 1998); see also CERD, Concluding Observations: Croatia, para. a limitation provision designed to assure states parties that due respect is given to state sovereignty in areas concerning naturalization. U. Chi. A/48/18 (Sept. 15, 1993); CERD, Concluding Observations: Croatia, para. ; see also Shachar, supra note 2, at 153-54. Note that, for the purposes of Irish nationality law, a person born anywhere on the island of Ireland is considered "Irish." "[5] This provision is consistent with the Declaration on Independence of Armenia, issued by the Supreme Soviet of Armenia in 1989, which declared, in article 4, that "Armenians living abroad are entitled to the citizenship of the Republic of Armenia. 8 Int’L J. Const. 276 Joppke, supra note 152, at 36 (“In a liberal-democratic context, the presence of sizeable, long-settled immigrant populations cannot but exert pressure toward making citizenship more accessible to and inclusive of immigrants.”). Hague Convention on Nationality, supra note 16, Art. 297 Ecri Report on Germany, supra note 265, at 12; Horváth & Rubio-Marín, supra note 291, at 80-82; see also Spiro, Peter J., 2957, 2960 (1936) (“There shall be no distinction based on sex as regards nationality, in their legislation or in their practice.”). http://www.aec.gov.au/About_AEC/Publications/backgrounders/files/2010-eb-constitutional-disqual-intending-candidates. See Hudson Report on Nationality, supra note 17, at 10 (“The extent to which mass denationalization is prohibited by international law is not clear.”). Goebel, Nicole, 1 4 (describing near identity of rights and obligations for citizens and permanent resident aliens in the U.S. context); Rubenstein, supra note 10, at 171-72 (“The value of citizenship for political governance has been drastically reduced . . 284 Spain is notable in undertaking such arrangements with Latin American states. 272 157 Benhabib, supra note 7, at 134-43 (framing “right to membership”); Renshon, Stanley A., The 50% American: Immigration and National Identity in an Age of Terror, ch. See, e.g., Zlemele, supra note 139; Orentlicher, supra note 155. See See also Joppke, supra note 152, at 40 (characterizing pre-1999 German regime as “extreme”). . http://treaties.un.org/doc/Publication/MTDSGA/Volume%20II/Chapter%20XVI/XVI-2.en.pdf. 1, Aug. 30, 1961, 989 UNTS 175. Catheryn, Seckler-Hudson, Statelessness: with Special Reference to the United States Richard W., Flournoy Jr., 58 45287 (July 8,2002) (designating period after September 11,2001, as period of military hostilities for this purpose). See, e.g., See, e.g., WEIS, supra note 13, at 97-98. 16 144 The prohibition on race discrimination has since arguably evolved into a jus cogens norm—that is, a norm from which no derogation is permitted. See, e.g., Goldston, supra note 119 (linking the two). (characterizing ban on dual citizen officeholders as “absurd”); Agyenim Boateng, Ghana Dual Citizens Demand for Equal Rights: A Human Rights Issue, Mod. Rts. Holding either PIO or OCI status does, however, facilitate access to full Indian citizenship. .”); See Hailbronner, supra note 20, at 84 (“[n]o customary international law can be drawn from the state practice”); Kojanec, supra note 284, at 40 (“It is clear, in this situation, that no general international rule can be said to exist with regard to multiple nationality.”). http://www.soros.org/initiatives/migration/focus_areas/equality-justice; see also Manby, Citizenship Law in Africa, supra note 5 (Open Society Institute-sponsored study calling for citizenship law reforms); Goldston, supra note 119, at 322 (analysis calling for “clarification and articulation of new legal norms that narrow boundaries of state prerogative” over citizenship access by executive director of Open Society Institute Justice Initiative). 140 (Sept. 8, 2005), at Soysal, Yasemin, Limits of Citizenship: Migrants and Postnational Membership in Europe (1995). L. No. Reform in the Baltics was motivated by entry barriers to the Council of Europe and the European Union. Human Rights and the Integration of Migrants, in Legis. 1928). CDL-INF(1997)001 (Feb. 10,1997), at http://www.venice.coe.int/docs/1997/CDL-INF%281997%29001-e.asp; European Convention on the Avoidance of Statelessness in Relation to State Succession, supra note 172. . His German nationality was terminated upon naturalization there; under section 25 of the 1913 German law on citizenship, a German not resident in Germany lost his citizenship on acquiring a foreign citizenship. 1 Acquisition and Loss of Nationality, supra note 5, at 317, 323 467 (1930) [hereinafter Flournoy, Nationality Convention]; Traditionally, international law has not regulated nationality law; naturalization requirements remain the last stronghold of national sovereignty. See supra note 4 and accompanying text. 121 Bancroft, George, Letter to Lord Palmerston (Jan. 26, 1849), reprinted in S.EXEC. Mervyn Jones, J., 148 For one example of a minority group preferring the latter track, see Rev. The Global Struggle with Illegal Migration: No End in See A) No. that based on stronger factual ties between the person concerned and one of the States whose nationality is involved”); see also Donner, supra note 3, at 389 (dual nationality can be “controlled by an application of the concept of dominant and effective nationality”). 146 At the same time that the Racial Discrimination Convention brackets citizenship practices in Article 1 (3), it also provides the guarantee of “a right to nationality” without distinction as to race. Consequently, the right to a nationality has been described as the “right to have rights.” See Trop v. Dulles, 356 U.S. 86, 101–02 (1958). See, e.g., Cerd, Annual Report: Latvia, UN Doc. 11 (2006); Maier, supra note 1, at 83 - 84 (suggesting that” a sense of diaspora identity, or at least a sense of multiple homelands, will become increasingly generalized”); cf Arjun Appadurai, Modernity at Large: Cultural Dimensions of Globalization 171(1996) (concluding that United States has been transformed from “a land of immigrants” to “being one node in a post national network of diasporas”). 292 (1982) (discussing the Expatriation Act in the context of the Iran hostage crisis); Spiro, supra note 24, at 1426-28 (describing nineteenth-century U.S. position on right of expatriation).