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3. International Law > 5. Individuals > Flashcards

5. Individuals Flashcards

1
Q

Importance of nationality under IL

A

Oppenheim - principal link between individual and IL

STArke 5 points

  1. Diplomatic immunity
  2. Compel to provide millitary service
  3. Refuse to extradite
  4. During war - enemy character
  5. Jurisdiction - civil and other matter
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2
Q

Modes of aquisition of nationality

A
  1. By birth
  2. Naturalization
  3. Resumption
  4. By cession
  5. Subjugation
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3
Q

Nationality by naturalization

A
  1. Seeks nationality of the country that he has been residing for long. Diff country diff law.
  2. Convention on avoidance of Statelessnes 2000- don’t discriminate on basis of language
  3. Nottebhom case - priciple of effective nationality as a test of validity of naturalized citizen
  4. Effective nationality - social fact of attachment, genuine connection of existence with existence of reciprocal rights and duties
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4
Q

Modes of loss of nationality

A
  1. Release - voluntary act
  2. Revoked - by state
  3. Long residence abroad
  4. Renunciation when aquires more than one
  5. Substitution- in place of nationality of another state
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4
Q

Modes of loss of nationality

A
  1. Release - voluntary act
  2. Revoked - by state
  3. Long residence abroad
  4. Renunciation when aquires more than one
  5. Substitution- in place of nationality of another state
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5
Q

Conventions to protects individuals against statelessness

A

Person not considered national by state under it’s law. Oppenheim- ship floating in open sea
Dejure - law
Defacto- Hr

State sovereign on one hand vs HR of individuals on other

Convention
1. Art 15 of udhr - deprive arbitrarily
2. Hague convention of 1930- mould their national law such that no person is rendered
3. 1954 convention on status of stateless person - even if stateless- rt to travel, residence, livelihood
4 1961 convention on reduction of statelessness- conditional upon aquisition of nationality of another
5. Un hcr- stateless refugees
6. Migrant worker convention, CEDAW, convention on rights of child.

Non binding in nature.

Nevertheless reconized the rt, facilitated aquisition and limited capacity of states to revoke

Even in India- Ulaganathan vs UOI 2019 - continuous period of stateless of Indian origin tamils - affect their FR UNDER Art 21

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6
Q

Consequences of Statelessnes

A
  1. Denial of hr, abuse
  2. No legal protection, no rt to vote
  3. Education, employment, heath care, marriage
    4 travel restrictions, social exclusion, risk of trafficking
    5 risk of radicalization
  4. No passport or any legal right. Sign a contract, buy property, start a civil case
  5. Forced displacement bcoz of lack of documents
  6. Detention based on illegal residence.
    Children will remain stateless
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7
Q

Role of UN in promotion and protection of HR

A 
1. Art 55,56- binds member states to observe and respect hr
2 . Art 13 - unga to initiate studies
3. Ecosoc
4. Trusteeship council
5. 1948- UNDHR- 
6. ICCPR, ICSECR

5+6 = INTERNATIONAL BILL of rights
hr jurisprudence backbone

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8
Q

Issues undhr

A
  1. Rt to equality -1, 2

2. Prohibition against torture - 5

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9
Q

Enforcement mechanism of HR

A
  1. UNHRC - closest to permanent. Promote, standard setting, enforcement. Even individual. UPR - 4 years
  2. Quasi judicial body - iccpr, commission on elimination of racial discrimination
  3. Icj- walls case - hr violatons of Israel

4 . REGIONAL CONVENTIONS AND CHARTER
A. European convention on protection of HR, European court- belgian penal code after debecker
B. American convention on protection of HR- interamerican convention and court
C. African charter on HR

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10
Q

Legal personlity case

A

Barcelona traction case - state with which company has close, substantial and effective connection.

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11
Q

Double nationality and nationality of married women

A
  1. Due to conflicting laws, situation could arise
  2. Ex. Women married to foreign national, children born when parents in foreign country
  3. Hague convention of 1930 made an attempt to remove double nationality acquired in consequence of war
    Art 3-6, art 5 : such a person may be treated by a 3rd state as if he has only one nationality
  4. Art 8-11 —-: deals with removal of difficulty of double nationality of married women, as per the principles acquire nationality of husband
  5. But as per convention on nationality of married women 1957- women has equal rights with me on to acquire, change or retain their nationality. Nationality of husband will not be forced upon
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3. International Law (14 decks)

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