Nationality general Flashcards
(174 cards)
1
Q
Is there a universal definition of nationality in international law
A
No, nationality is primarily governed by municipal law and lacks uniformity.
2
Q
How does the 1997 European Convention on Nationality define nationality
A
As the legal bond between a person and a State.
3
Q
What did the British-Mexican Claims Commission say in Re Lynch
A
Nationality is a continuing legal relationship between a state and its citizen.
4
Q
What principle did the Nottebohm Case establish
A
Nationality must reflect a genuine connection—effective nationality.
5
Q
How is nationality broadly defined in international law
A
As the legal expression of belonging to a politicised community.
6
Q
What is a technical definition of nationality
A
Legal status of membership in the state representing a collective of individuals.
7
Q
Who primarily determines nationality laws
A
Individual states under municipal law.
8
Q
Name two key conventions on statelessness
A
The 1954 Convention on Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
9
Q
What does the 1930 Hague Convention address
A
Conflicts of nationality laws.
10
Q
What principle governs multiple nationality claims
A
Effective nationality or dominant and effective nationality.
11
Q
What did the Flegenheimer Case rule
A
A state cannot espouse a claim against a state of which the claimant is also a national.
12
Q
Can corporations have nationality
A
Yes, as in the Barcelona Traction Case.
13
Q
Can ships and aircraft have nationality
A
Yes, subject to the genuine link principle.
14
Q
What is the genuine link principle
A
The requirement of a real connection between a vessel/aircraft and the state conferring nationality.
15
Q
Is nationality the same as race or local citizenship
A
No, they are distinct concepts.
16
Q
Can someone be a national without full citizenship rights
A
Yes, nationality does not guarantee full citizenship.
17
Q
Can diplomatic protection be given without nationality
A
Yes, in some systems like the U.S.
18
Q
What did the PCIJ state in the Nationality Decrees in Tunis and Morocco
A
Nationality is within a state’s domestic jurisdiction.
19
Q
Are there limits on a state’s discretion in nationality matters
A
Yes, especially when denial or deprivation breaches international law.
20
Q
What must a state show to bring an international claim for a national
A
Continuous nationality from the time of the wrong to the legal action.
21
Q
What does UDHR Article 15(1) state
A
Everyone has the right to a nationality.
22
Q
What does UDHR Article 15(2) prohibit
A
Arbitrary deprivation of nationality or denial of the right to change it.
23
Q
When is nationality deprivation considered arbitrary
A
If it lacks legal basis, is discriminatory, procedurally unfair, or causes statelessness.
24
Q
What did the Ethiopia–Eritrea Claims Commission rule in Paragraph 60
A
Ethiopia’s nationality deprivation was arbitrary due to vague security claims and lack of due process.
25
Why was Ethiopia’s nationality deprivation ruled unlawful
No individualized assessment and it left people stateless.
26
What does the Convention on the Nationality of Married Women Article 2 prohibit
Automatic loss of nationality by a woman due to her husband’s actions.
27
What principle does the 1957 Convention reflect
Recognition of women’s autonomy in nationality decisions.
28
What does CEDAW Article 9(1) require
Equal nationality rights for women and protection from automatic changes due to marriage.
29
How must states treat women’s nationality under CEDAW
Prevent forced changes, ensure due process, and avoid statelessness.
30
What is one core limitation under international law
Prohibition on arbitrary deprivation of nationality.
31
What international sources support the ban on arbitrary deprivation
UDHR Article 15(2) and EECC Paragraph 60.
32
What legal instruments ban gender discrimination in nationality
CEDAW Article 9(1) and the 1957 Convention on the Nationality of Married Women.
33
Why is statelessness prohibited in nationality law
Because it violates human rights norms unless justified and due process is followed.
34
What procedural safeguards are required in nationality deprivation
Notification, hearing, and right to appeal.
35
What is nationality in international law
The primary legal bond between an individual and a state.
36
Why is nationality important
It defines legal identity and forms the basis for rights, duties, and protections.
37
What is the basis for diplomatic protection
Nationality of the individual injured by an internationally wrongful act.
38
What are the requirements for diplomatic protection
Nationality must exist at the time of injury and when the claim is made.
39
What document is prima facie evidence of nationality
A valid passport.
40
What do the ILC’s Articles on Diplomatic Protection (2006) codify
Rules on when a state can exercise diplomatic protection.
41
When may a state be responsible for the acts of its nationals
When it fails to prevent, control, investigate, or punish internationally wrongful acts.
42
What does ICCPR Article 12(4) state
No one shall be arbitrarily deprived of the right to enter their own country.
43
Can a state deny re-entry to its own nationals
No, international law prohibits this.
44
What is the principle of non-extradition of nationals
States may refuse to extradite their own nationals to foreign jurisdictions.
45
What obligations can nationality entail
Military service, taxes, voting, and civic duties.
46
How does nationality affect classification in armed conflict
It determines enemy or neutral status and affects treatment under IHL.
47
What is the active personality principle
Allows a state to prosecute its nationals for crimes committed abroad.
48
Who determines nationality under international law
Each state, under its own municipal law.
49
What did Russell J state in Stoeck v Public Trustee
Nationality is determined by the law of the state in question.
50
What does Article 1 of the 1930 Hague Convention state
Each state determines its nationals, subject to international law.
51
What does Article 2 of the 1930 Hague Convention state
Nationality questions are resolved under the law of the state concerned.
52
What limits exist on a state’s discretion to confer nationality
It must comply with international conventions, custom, and general principles.
53
When is international law concerned with nationality
When nationality is used internationally or involves third state interests.
54
What is the effective link principle
Nationality must reflect a genuine connection to the state.
55
Is a passport conclusive proof of nationality
No, it is persuasive but not conclusive.
56
What other evidence may be required to prove nationality
Official records, residence, allegiance, and intent to reside.
57
What principle governs the determination of nationality in international law
It falls within the domestic jurisdiction of states.
58
What does Article 3(1) of the 1997 European Convention on Nationality state
Each state shall determine under its own law who are its nationals.
59
What does Article 1 of the 1930 Hague Convention affirm
It is for each state to determine under its own law who are its nationals.
60
What did the PCIJ hold in Nationality Decrees (1923)
Nationality is within the reserved domain of states.
61
What was recognized in Stock v Public Trustee (1921)
Courts must respect the executive’s declaration on nationality.
62
What does the ILC Commentary to Article 4 of the Draft Articles on Diplomatic Protection say
Nationality is governed by domestic law but may be scrutinized internationally.
63
Is the sovereign prerogative to confer nationality absolute
No, it is limited by international law and human rights obligations.
64
What does Article 1(2) of the 1930 Hague Convention require
Nationality laws must comply with international law and custom.
65
What doctrine did the Nottebohm Case establish
The genuine link requirement for recognition of nationality.
66
What did the tribunal decide in the Flegenheimer Case
Dual nationality must reflect effective and genuine connection.
67
What did the PCIJ hold in Acquisition of Polish Nationality (1923)
Nationality decisions are not immune from international scrutiny.
68
What does Article 4 of the ILC Draft Articles on Diplomatic Protection codify
The requirement of effective and continuous nationality.
69
What does Paragraph 6 of the ILC Commentary to Article 4 emphasize
Effectiveness of nationality is relevant under international law.
70
What did the 1918 Bucharest Peace Treaty require Romania to do
Confer nationality on certain persons after World War I.
71
What did the Allied Powers require of Poland in 1918
Extend nationality to certain populations within its territory.
72
What does Article 1(1) of the 1961 Convention on Statelessness require
States must grant nationality to stateless persons born on their territory.
73
What does Article 3(1) of the 1957 Convention on the Nationality of Married Women prohibit
Automatic loss of nationality due to changes in marital status.
74
What does Article 9(1) of CEDAW require
Equal rights for women and men in matters of nationality.
75
What does Article 1(3) of CERD prohibit
Nationality laws that discriminate based on race, color, or national origin.
76
When can treaties limit state power over nationality
Only when such limits are expressly stated in the treaty.
77
What did the ECJ rule in Rottmann v Freistaat Bayern
EU law may affect nationality only if expressly provided in treaty provisions.
78
What are the primary modes of acquiring nationality
By birth, marriage, adoption, naturalization, territorial change, and ex necessitate juris.
79
What is jus soli
Acquisition of nationality by birth on the territory of a state.
80
What does Article 43 of the Constitution of Guyana provide
Jus soli nationality with exceptions, such as for children of diplomats.
81
What is jus sanguinis
Acquisition of nationality based on descent from a national parent.
82
What does Article 44 of the Constitution of Guyana establish
Nationality by descent with conditions like ordinary residence of the parent.
83
Do most states apply jus soli or jus sanguinis exclusively
No, most use a hybrid model.
84
What international treaties promote gender equality in nationality laws
CEDAW and the 1957 Convention on the Nationality of Married Women.
85
How is nationality acquired through marriage in Guyana
A woman married to a citizen is entitled to registration as a citizen under Article 45.
86
How can a minor acquire nationality through adoption in Guyana
Under Section 5(3) of the Citizenship Act, if legally adopted by a Guyanese citizen.
87
What is naturalization
Grant of nationality to an alien upon application and meeting legal criteria.
88
What governs naturalization in Guyana
The 2nd Schedule to the Citizenship Act, Cap. 14:01.
89
What did the Nottebohm Case emphasize about naturalization
It must reflect a genuine link between the individual and the state.
90
What are typical naturalization requirements
Residence, language proficiency, good character, and intent to reside.
91
What is nationality by territorial change
Acquisition of nationality due to annexation, cession, or conquest.
92
What does nationality ex necessitate juris refer to
Nationality conferred automatically to avoid statelessness.
93
How do foundlings acquire nationality under international law
They are presumed nationals of the state where found under the 1930 Hague Convention.
94
What does Article 2 of the 1961 Convention require
Grant nationality to stateless children born in a state's territory.
95
How is the nationality of ships determined
By the flag they are lawfully entitled to fly, requiring a genuine link.
96
What cases support the genuine link doctrine for vessels
M/V Saiga, Geneva Convention, UNCLOS, Lotus.
97
How is corporate nationality determined
By place of incorporation, principal place of business, or control.
98
What is the exception to jus soli for diplomats
Children of diplomats do not acquire nationality of the host state.
99
What does the Harvard Research Draft say about birth on ships
Birth on registered ships is treated as occurring in the flag state.
100
What must states do under the 1961 Statelessness Convention
Prevent statelessness by granting nationality at birth in relevant cases.
101
What does CERD Article 1(3) prohibit
Racial discrimination in nationality laws.
102
What does CEDAW Article 9(1) require
Gender equality in nationality acquisition and retention.
103
What is the presumption in international law regarding loss of nationality
Against arbitrary or automatic loss; must be justified by law and due process.
104
What is voluntary renunciation of nationality
Formal declaration to the state, typically via consulate, when legal requirements are met.
105
What does Article 7(1) of the 1961 Statelessness Convention state
Renunciation is valid only if the person has or acquires another nationality.
106
Can states impose conditions on renunciation
Yes, e.g., U.S. law restricts renunciation for tax avoidance.
107
What may result from acquiring a new nationality
Automatic loss of the original nationality in some jurisdictions.
108
What does the 1963 Strasbourg Convention Article 1(1) encourage
Loss of nationality upon acquisition of another to reduce dual nationality.
109
Is automatic loss due to acquiring foreign nationality mandatory in international law
No, it depends on national policy provided statelessness is avoided.
110
What is denaturalisation or deprivation
Revocation of nationality by state action, typically for naturalised persons.
111
What grounds justify deprivation of nationality
Fraud, serious crimes, national security, and only where statelessness is avoided.
112
What happened in Nazi Germany regarding deprivation
Mass denationalisation based on race or politics, now globally condemned.
113
How does UK law treat deprivation
It applies only to naturalised persons and under narrowly defined grounds.
114
Does territorial change automatically affect nationality
No, changes require treaty provisions or option clauses.
115
What was the significance of the Alaska Cession Treaty (1867)
Provided a three-year window for Russian nationals to choose nationality.
116
What does Article 20(1)(a) of the 1997 European Convention on Nationality say
Affected persons have the right to remain in their current state.
117
What was held in Murray v. Parkes
Nationality remains unless expressly changed by treaty or choice.
118
What can happen due to extended residence abroad
Possible loss of nationality if ties are severed or obligations unmet.
119
What does Article 7 of the 1930 Hague Convention state
An expatriation permit does not entail loss of nationality.
120
How do courts treat claims of nationality loss
They require proof of total loss with no right to reacquire or protection.
121
What is the role of the 1961 Statelessness Convention
It prohibits loss of nationality unless another nationality exists.
122
What safeguard does the 1997 European Convention on Nationality offer
It restricts arbitrary deprivation and protects rights after territorial changes.
123
What does CEDAW Article 9 prohibit
Loss of nationality on grounds of gender or marital status.
124
What does CERD Article 1(3) prohibit
Racial discrimination in nationality laws.
125
What is the general international law position on dual nationality
It neither prohibits nor endorses it; states regulate it independently.
126
What does Article 3 of the 1930 Hague Convention state
A person may be regarded as a national by each state whose nationality they possess.
127
What does Article 5 of the 1930 Hague Convention provide
In third states, a person with multiple nationalities is treated as having only one.
128
How is the effective nationality determined under Article 5
Based on habitual residence or closest factual connection.
129
What causes dual nationality
Conflicting nationality laws, mixed marriages, birth in third countries, naturalization, or treaty options.
130
How can jus soli and jus sanguinis create dual nationality
By granting nationality through both place of birth and descent.
131
What issues arise from Article 3 of the 1930 Convention
It may conflict with national laws that prohibit dual nationality.
132
What problem does Article 5 pose for third states
It gives discretion to ignore one nationality and choose the effective one.
133
What principle did the Nottebohm case establish
Diplomatic protection requires a genuine link between person and state.
134
What factors determine a genuine link
Habitual residence, familial and business ties, allegiance.
135
What do the ILC Draft Articles on Diplomatic Protection say about Nottebohm
The genuine link is not a general requirement for nationality.
136
What was decided in the Barcelona Traction case
The genuine link test does not apply to corporations.
137
Does Article 5 of the 1930 Convention govern diplomatic protection
No, it only applies within third states.
138
What was the purpose of the 1957 Convention on the Nationality of Married Women
To prevent automatic loss or acquisition of nationality through marriage.
139
What does Article 9 of CEDAW require
Equal nationality rights for women in marriage and in transmitting nationality to children.
140
What does Article 5 of the 1967 UN Declaration on Women’s Rights state
Women have equal rights to acquire, change, or retain nationality.
141
How can dual nationality help prevent statelessness
By providing a fallback nationality if one is lost.
142
How can dual nationality contribute to statelessness
Conflicting laws may revoke nationality automatically.
143
What does Article 15 of the Universal Declaration of Human Rights state
Everyone has a right to a nationality and must not be arbitrarily deprived of it.
144
What obligations do states have under the 1961 Statelessness Convention
Prevent arbitrary denationalisation and allow retention until another nationality is secured.
145
What conventions protect stateless persons
The 1951 Refugee Convention and the 1954 Stateless Persons Convention.
146
Why is corporate nationality important in international law
For diplomatic protection, jurisdictional disputes, treaty application, and investment protection.
147
What is the default test for determining corporate nationality
Place of incorporation.
148
What does Article 9 of the ILC Draft Articles state about corporate nationality
The state of incorporation is the state of nationality for diplomatic protection.
149
What is the exception to the place of incorporation test under Article 9
When the corporation is controlled by foreigners, lacks local business, and is managed from another state.
150
What does the effective nationality test require
Control, management, and financial operations in another state.
151
Which ICJ case confirmed the place of incorporation as the primary test
Barcelona Traction (1970).
152
What was Belgium’s claim in Barcelona Traction
To espouse a claim on behalf of Belgian shareholders in a Canadian company.
153
What did the ICJ rule in Barcelona Traction
Only the state of incorporation may bring a claim for a corporation.
154
Is shareholder nationality relevant for diplomatic protection
No, unless the corporation is defunct.
155
What is the place of central management and control test used for
Taxation, investment, and treaty access.
156
When is the principal place of business test applied
In regulatory, licensing, and commercial law contexts.
157
When is shareholder nationality relevant in corporate nationality
In rare cases like corporate veil-piercing or if the company is defunct.
158
How is nationality of unincorporated associations determined
By the state of constitution or where the governing body is located.
159
What is the definition of a stateless person under the 1954 Convention
Someone not considered as a national by any state under the operation of its law.
160
What are some consequences of statelessness
No right of entry, ineligibility to vote, restricted employment, limited services, no travel documents.
161
Why are stateless persons vulnerable
They lack legal protection and access to fundamental rights.
162
What is the focus of the 1954 Statelessness Convention
To protect stateless persons and guarantee them minimum rights.
163
What does Article 7(1) of the 1954 Convention provide
Stateless persons should be treated like aliens in general.
164
What rights are protected under Articles 4–5 of the 1954 Convention
Freedom of religion and access to education.
165
What are states obligated to provide under the 1954 Convention
Travel documents for stateless persons.
166
What is the objective of the 1961 Convention on the Reduction of Statelessness
To prevent and reduce statelessness.
167
What does Article 6(1)(b) of the 1997 European Convention on Nationality require
Automatic nationality for foundlings who would otherwise be stateless.
168
What is the aim of the 1997 European Convention on Nationality
To harmonize nationality laws and prevent arbitrary deprivation.
169
What does Article 15 of the UDHR state
Everyone has the right to a nationality and cannot be arbitrarily deprived of it.
170
What are key obligations under the 1961 Statelessness Convention
Avoid statelessness at birth and prevent loss of nationality without another nationality.
171
What are special travel documents for stateless persons
Documents issued under the 1954 Convention to aid international travel.
172
What are examples of nationality law reforms to address statelessness
Granting citizenship to foundlings, removing gender bias, and accepting dual nationality.
173
What do legal safeguards against deprivation ensure
That loss of nationality is not arbitrary and does not cause statelessness.
174
How can naturalization help reduce statelessness
By providing preferential access to citizenship for stateless residents.
