Rights and Duties of Dual Nationals:Evolution and Prospects by David Martin

By David Martin

The elevated emergence of twin and a number of nationality in our globalized international has lately ended in public and scholarly debates on a variety of ensuing functional questions. This publication comprehensively evaluates the criminal prestige of twin nationals at the foundation of a comparative research, with emphasis on perform and legislation within the United States of the United States, the Federal Republic of Germany, Turkey and different chosen international locations, comprising contributions of either teachers and practitioners. one of the criminal topics tested extra intensively are the workout of political rights through twin nationals, together with balloting and workplace retaining, functionality of army provider, loss and withdrawal of citizenship, and results of twin nationality on judicial cooperation, in addition to elements of non-public overseas legislations. The authors be aware of developmental tendencies and felony alterations in quite a few international locations, and likewise to the philosophical and theoretical views underlying quite a few practices. particular strategies for states facing twin nationality entire the research.

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S. v. Italy 1955); see Klein, Merge Claim, 3 Encyclopedia of Public International Law, p. 353 (1981); Rode, Dual Nationals and the Doctrine of Dominant Nationality, 53 Am. J. , p. 139 (1955). 23 K. Hailbronner because the American nationality could not be regarded as predominant. The commission stated: The principle based on the equality of States, which excludes diplomatic protection in the case of dual nationality, must yield before the principle of effective nationality whenever such nationality is that of the claiming state.

41, 42, 63-64 (1997). , Arjun Appadurai, Modernity At Large: Cultural Dimensions of Globalization 139-77 (1996); Yasemin Nuhoglu Soysal, Limits of Citizenship: Migrants and Postnational Membership in Europe (1994). " Tom Englehardt, Talking 'Bout A Revolution, The Nation, Dec. 13, 1999, at 13. '"11 But undermine what, exactly, in what manner and to what extent? Of particular concern, the postnationality literature is often ambiguous about the significance of the term's prefix. It is often not clear whether analysts, in affixing "post-," intend to convey a set of social and political conditions that arise "after" the demise of nationality or nationalism, or whether the term is meant simply to convey a transformation in the character and significance of nation-states and their associated institutions without presupposing such a demise.

As Herman van Gunsteren has written, "It is now clear to everyone that governments cannot control national societies. " Herman van Gunsteren, A Theory of Citizenship: Organizing Plurality In Contemporary Democracies 14-15 (1998). ") See also Richard Falk, Human Rights and State Sovereignty (1981). , Jacqueline Bhabha, Belonging In Europe: Citizenship and Post-national Rights, 11 Int'l Soc. Sci. J. "); Daniel Philpott, Sovereignty: An Introduction and Brief History, 48 J. Int'l Aff. 353-68, 367 (1995) (describing "the creation and expansion of the European Community, now the European Union," as "the first transition since Westphalia" to challenge state sovereignty fundamentally).

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