The Shifting Parameters of Nationality
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No less than four articles concern (particular aspects of) the acquisition
of nationality. David Owen’s article ‘On the Right to have Nationality Rights:
Statelessness, Citizenship and Human Rights’ critically analyses the extent to
which international law protects a right to have a nationality. The extent to which
choices in terms of nationality issues still constitute the last bastion of state sovereignty are obviously a key consideration. He emphasises the crucial importance
of this right to a nationality, while drawing extensively on the equality principle,
but also identifies various flaws as to the implementation of this right.
René de Groot and Olivier Vonk discuss in their article the global trends
regarding the two main systems of acquisition of nationality by birth, namely
ius soli and ius sanguinis. The article by Iseult Honohan and Nathalie Rougier
continues the focus on global birth right citizenship laws but adds an important
focus, more particularly the extent to which these systems realise the inclusion of
persons with a migrant origin.
Sabrina Wollmann’s article may at first sight have a very specific focus on
‘Recent trends in Nationality Requirements in Olympic Sports’, it actually picks
up an important question, namely the extent to which nationality can be acquired
when this is (predominantly) for instrumental reasons. This obviously ties in with
the discussion of the underlying rationale of nationality, which also underlies the
systems of birth right nationality.
In his article for this special issue, ‘The Next Frontier: Dual Nationality as
a Multi-Layered Concept’, Patrick Wautelet identifies the shifts over time in the
baseline approach of international law regarding dual nationality, while calling
for a further differentiation in that approach, more particularly considering the
different strength of the ties one has with the respective states concerned. The
particular position of dual nationals is also focused upon in the article by Laura
van Waas and Sangita Jaghai, in which they problematize that dual nationals are
differently and disproportionately affected by the recent measures states adopt to
deprive persons (suspected from) having engaged in terrorist activities from their
nationality.
Helen Oosterom-Staples’ article ‘The Triangular Relation between Nationality,
EU citizenship and Migration in EU Law: A Tale of Competing Competences’
addresses the related instance of multiple, intersecting memberships, status and
rights. Her discussion confirms the central importance of entry and residence
rights (translating into ‘intra-EU mobility’ rights) to effectuate membership. Her
analysis furthermore reveals how de facto pressures flowing from membership
in a supranational organization ‘guide’ states’ sovereign choices in relation to
nationality issues, where she points to an informal harmonisation process, bringing the conditions for acquisition and loss of nationality in the Member States
closer together.
Eileen Denza’s article zooms in on one of the protection mechanisms that are
contingent on nationality, namely diplomatic protection. She provides a comprehensive account of diplomatic protection, including its meaning, the interrelation with
human rights (protection mechanisms), and the specific position of dual nationals
and EU citizens.
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