The book analyzes the role of dual nationality in different fields of the law, in particular national and EU law, and offers a convincing argument for the (minimum) harmonization of European ...nationality laws.
In recent years, a significant number of developing nations have made moves to institutionalize their relationships with their transnational communities. This has occurred in a variety of ways: ...through new ministries for "diaspora affairs," through the granting of dual citizenship, the extension of voting rights to immigrants, and even through the creation of reserved seats in national legislatures. Such gestures re-conceive diasporas as being part of a larger "global nation," with all of the concomitant claims on institutional structures of the state. This marks a break from the past, when immigrants were ignored or denounced as traitors by their home state. It also marks the rise of what the author terms the "domestic abroad," or the reassertion of nationalist imaginary and state authority amid neo-liberal restructuring of states. Latha Varadarajan argues that studies in transnationalism have heretofore failed to grasp the importance of such phenomena, due to the field's tendency to avoid the question of capitalism and focus on the undermining of state sovereignty and the building of global civil society. In Producing the Domestic Abroad, she proposes a re-consideration of both the meaning of transnationalism and the nature of national and state identity in global politics. In order to do this, Varadarajan draws from two literatures that are rarely brought into conversation with IR scholarship: postcolonial theory and historical-materialism. She develops her argument through an analysis of the post-1947 Indian state and its dynamic relationship to the groups constituted as the "Indian diaspora" especially in the context of the neoliberal restructuring of the Indian economy. Available in OSO: http://www.oxfordscholarship.com/oso/public/content/politicalscience/9780199733910/toc.html
Dual Citizenship in Europe Faist, Thomas
2007, 20160429, 2007-11-01, 2016-04-29, 2016-05-06, 20070101, 20070201
eBook
In an age of terrorism and securitized immigration, dual citizenship is of central theoretical and political concern. The contributors to this timely volume examine policies regarding dual ...citizenship across Europe, covering a wide spectrum of countries. The case studies explore the negotiated character and boundaries of political membership and the fundamental beliefs and arguments within distinct political cultures and institutional settings which have shaped debates and policies on citizenship. The analyses explore the similarities and differences in the politics of dual citizenship, to identify the dominant terms of public debates within and across selected immigration and emigration states in Europe. The research demonstrates that policies on dual citizenship are not simply explained by different concepts of nationhood. Instead, concepts of societal integration, which may well be contested in a given polity, are extremely influential.
The rise of dual citizenship could hardly have been imaginable to a time traveler from a hundred or even fifty years ago. Dual nationality was once considered an offense to nature, an abomination on ...the order of bigamy. It was the stuff of titanic battles between the United States and European sovereigns. As those conflicts dissipated, dual citizenship continued to be an oddity, a condition that, if not quite freakish, was nonetheless vaguely disreputable, a status one could hold but not advertise. Even today, some Americans mistakenly understand dual citizenship to somehow be "illegal", when in fact it is completely tolerated. Only recently has the status largely shed the opprobrium to which it was once attached.
At Home in Two Countriescharts the history of dual citizenship from strong disfavor to general acceptance. The status has touched many; there are few Americans who do not have someone in their past or present who has held the status, if only unknowingly. The history reflects on the course of the state as an institution at the level of the individual. The state was once a jealous institution, justifiably demanding an exclusive relationship with its members. Today, the state lacks both the capacity and the incentive to suppress the status as citizenship becomes more like other forms of membership. Dual citizenship allows many to formalize sentimental attachments. For others, it's a new way to game the international system. This book explains why dual citizenship was once so reviled, why it is a fact of life after globalization, and why it should be embraced today.
It is commonly assumed that there is an enduring link between individuals and their countries of citizenship. Plural citizenship is therefore viewed with skepticism, if not outright suspicion. But ...the effects of widespread global migration belie common assumptions, and the connection between individuals and the countries in which they live cannot always be so easily mapped.
In The Scramble for Citizens, David Cook-Martín analyzes immigration and nationality laws in Argentina, Italy, and Spain since the mid 19th century to reveal the contextual dynamics that have shaped the quality of legal and affective bonds between nation-states and citizens. He shows how the recent erosion of rights and privileges in Argentina has motivated individuals to seek nationality in ancestral homelands, thinking two nationalities would be more valuable than one. This book details the legal and administrative mechanisms at work, describes the patterns of law and practice, and explores the implications for how we understand the very meaning of citizenship.
Abstract This research is a study of international law principle, namely the nationality principle. This principle is generally used to support obligation of state to provide protection to its ...citizens wherever they may be. As international relations have evolved, the interactions of citizens with other countries have also increased, often resulting in citizens facing legal issues in foreign countries. In line with this, a review of references related to the protection of human dignity as a fundamental aspect of international law through the enforcement of the nationality principle was carried out. The research method used in this study is qualitative, involving an approach to regulations in the form of multilateral, regional, and even bilateral international agreements. This approach is further supported by conceptual interpretations of general legal principles and the resolution of cases related to the application of these principles. The study results show that the enforcement of the nationality principle is one form of human rights protection in international relations. This is based on respect for human dignity and is only applied to specific crimes, different legal systems among countries, and global peace and security within the context of healthy state relations as well. Therefore, this article provides recommendations for improving cooperation among states, including a review of extradition agreements between countries, where its implementation is incapacitated. Abstrak Penelitian ini berupa kajian terhadap salah satu asas dalam hukum internasional yakni nationality principle atau asas kebangsaan. Prinsip ini pada umumnya digunakan untuk mendukung kewajiban negara dalam memberikan perlindungan terhadap warga negara nya dimanapun mereka berada. Seiring berkembangnya hubungan antar negara sehingga interaksi warga negara pun semakin berkembang, seringkali berdampak pada warga negara berhadapan dengan hukum di negara lain. Maka sejalan dengan hal tersebut, dilakukan penelusuran referensi terkait perlindungan martabat manusia sebagai hal yang fundamental bagi setiap individu dalam persepktif hukum internasional melalui penegakan prinsip nationality. Metode yang digunakan adalah metode penelitian kualitatif, dengan melakukan pendekatan terhadap aturan berupa perjanjian internasional bersifat multilateral, regional bahkan bilateral, kemudian didukung dengan penafsiran secara konseptual terhadap prinsip hukum umum serta penyelesaian kasus-kasus yang berkaitan dengan penerapan prinsip-prinsip tersebut. Hasil study menunjukan bahwa penegakan terhadap prinsip kebangsaan menjadi salah satu bentuk perlindungan HAM dalam pergaulan internasional, hal ini didasari pada penghormatan terhadap martabat manusia, hanya diberlakukan pada kejahatan-kejahatan tertentu, system hukum yang berbeda antar negara, dan perdamaian dan kemanan dunia dalam konteks relasi yang sehat antar negara. Maka, artikel ini memberikan rekomendasi pada peningkatan Kerjasama antar negara salah satunya peninjauan Kerjasama perjanjian ekstradisi antar negara yang pada faktanya masih lemah dalam aspek implementasi.
Subjects and Aliens confronts the problematic history of belonging in Australia and New Zealand. In both countries, race has often been more important than the law in determining who is considered ...'one of us'. Each chapter in the collection highlights the lived experiences of people who negotiated laws and policies relating to nationality and citizenship rights in twentieth-century Australasia, including Chinese Australians enlisting during the First World War, Dalmatian gum-diggers turned farmers in New Zealand, Indians in 1920s Australia arguing for their citizenship rights, and Australian women who lost their nationality after marrying non-British subjects. The book also considers how the legal belonging—and accompanying rights and protections—of First Nations people has been denied, despite the High Court of Australia’s recent assertion (in the landmark Love & Thoms case of 2020) that Aboriginal people have never been considered ‘aliens’ or ‘foreigners’ since 1788. The experiences of world-famous artist Albert Namatjira, and of those made to apply for ‘certificates of citizenship’ under Western Australian law, suggest otherwise. Subjects and Aliens demonstrates how people who legally belonged were denied rights and protections as citizens through the actions of those who created, administered and interpreted the law across the twentieth century, and how the legal ramifications of those actions can still be felt today.
The question of who ought to be regarded as Union citizen is a central but not an easily answered question. Drawing on an analysis of the ECJ’s case-law and the underlying constitutional set up of ...Union citizenship, this article argues that the notion of nationality in EU law is based on a jurisdictional conception that builds on the idea of a genuine link and a territorial link with the EU. Relying on this understanding the article assesses the peculiar cases of Germany, the UK and Denmark, establishing not only if and how Member States can reconfigure the meaning of their nationality under EU law but also highlighting that the notion of nationality as a peremptory marker for Union citizenship is defined within the constitutional realm of EU law. The understanding that Member States are free to define their nationality within EU law, hence, is a misplaced overstatement of sovereignty. Against this backdrop the last part of the article turns to the case of Latvian non-citizens, arguing that Latvian non-citizens, who are generally not regarded as Union citizens, have been Union citizens all along.
Citizenship is no longer an exclusive relationship. Many people today are citizens of multiple countries, whether by birth, naturalization, or even through monetary means, with schemes fast-tracking ...citizenship applications from foreigners making large investments in the state. Moral problems surround each of those ways of acquiring a second citizenship, while retaining one's original citizenship. Multiple citizenship can also have morally problematic consequences for the coherence of collective decisions, for the constitution of the demos, and for global inequality. The phenomenon of multiple citizenship and its ramifications remains understudied, despite its magnitude and political importance. In this innovative book, Ana Tanasoca explores these issues and shows how they could be avoided by unbundling the rights that currently come with citizenship and allocating them separately. It will appeal to scholars and students of normative political theory, citizenship, global justice, and migration in political science, law, and sociology.
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