Download Acquisition and Loss of Nationality, Volume 1: Comparative by Rainer Bauböck, Eva Ersbøll, Kees Groenendijk, Harald PDF

By Rainer Bauböck, Eva Ersbøll, Kees Groenendijk, Harald Waldrauch

Acquisition and lack of Nationality brings jointly a staff of thirty researchers for an in-depth research of nationality legislation in all fifteen pre-2004 member states of the eu Union. quantity One provides certain comparisons of the citizenship legislation of all fifteen international locations, whereas quantity comprises person reports of every country's legislation. jointly, the books are the main accomplished to be had source at the query of eu nationality.

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10 of the Hague Convention on Certain Questions relating to the Conflict of Nationality already stipulated that the naturalisation of the husband upon marriage shall not involve a change in the nationality of the wife except with her consent. The Convention on the Nationality of Married Women provided for more detailed regulations which have since been widely recognised. Within Europe, the recommendations and treaties concluded within the framework of the Council of Europe became an essential element Nationality in public international law and european law 51 in shaping the international law on nationality issues.

Art. 11 cannot be considered a rule of customary law since there is clearly no uniform state practice. It has been noted that the internal law of some states stipulates that decisions concerning nationality may be taken by Parliament in which case no reasons are given in writing. Art. 12, ensuring that decisions relating to nationality are open to administrative or judicial review in conformity with internal law, may raise some difficulties. Although the right of appeal may well be judged a common European standard, it is doubtful whether in matters of nationality a right of appeal must be granted in every case.

4 in public international law and european law 49 International treaties on nationality The need for international treaties on nationality issues arose for the first time at the end of the nineteenth century, as a result of the emigration of nationals from many European states to North and South America. In order to resolve issues relating to compulsory military service and conflicting loyalties, a number of treaties were concluded between immigration and emigration countries, providing for acquisition and loss of nationality.

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