Book contents
- Frontmatter
- Contents
- Foreword
- Preface
- Acknowledgments
- Table of treaties
- Table of MOUs
- Table of cases
- Glossary of legal terms
- List of abbreviations
- 1 International law
- 2 States and recognition
- 3 Territory
- 4 Jurisdiction
- 5 The law of treaties
- 6 Diplomatic privileges and immunities
- 7 State immunity
- 8 Nationality, aliens and refugees
- 9 International organisations
- 10 The United Nations, including the use of force
- 11 Human rights
- 12 The law of armed conflict (international humanitarian law)
- 13 International criminal law
- 14 Terrorism
- 15 The law of the sea
- 16 International environmental law
- 17 International civil aviation
- 18 Special regimes
- 19 International economic law
- 20 Succession of states
- 21 State responsibility
- 22 Settlement of disputes
- 23 The European Union
- Index
8 - Nationality, aliens and refugees
Published online by Cambridge University Press: 05 August 2012
- Frontmatter
- Contents
- Foreword
- Preface
- Acknowledgments
- Table of treaties
- Table of MOUs
- Table of cases
- Glossary of legal terms
- List of abbreviations
- 1 International law
- 2 States and recognition
- 3 Territory
- 4 Jurisdiction
- 5 The law of treaties
- 6 Diplomatic privileges and immunities
- 7 State immunity
- 8 Nationality, aliens and refugees
- 9 International organisations
- 10 The United Nations, including the use of force
- 11 Human rights
- 12 The law of armed conflict (international humanitarian law)
- 13 International criminal law
- 14 Terrorism
- 15 The law of the sea
- 16 International environmental law
- 17 International civil aviation
- 18 Special regimes
- 19 International economic law
- 20 Succession of states
- 21 State responsibility
- 22 Settlement of disputes
- 23 The European Union
- Index
Summary
But in spite of all temptations / To belong to other nations / He remains an Englishman.
Nationality
Oppenheim. Oppenheim's International Law, 9th edn, London, 1992, pp. 851–96.
Possession by a natural person (an individual) or a legal person (such as a corporation) of the nationality of a state provides them with a link to that state for the purposes of international law. The most important aspect of this link is the right of the state in international law to protect its nationals as against other states. The law of each state primarily determines who are its nationals. In certain, and usually exceptional, cases, international law will not recognise a person as a national of a state even if the state regards him as its national. Although the nationality (if lawfully obtained) will be valid in the state of nationality, it may not be recognised for the purposes of international law. The state of the new nationality may not be entitled to make an international claim on his behalf unless it can establish that at the relevant time he had a ‘genuine connection’ with it.
Dual nationality
A dual national is a person who has the nationality of two (and sometimes more) states. It can be acquired in various ways, deliberately or accidentally. A child is sometimes born a dual national.
- Type
- Chapter
- Information
- Handbook of International Law , pp. 179 - 195Publisher: Cambridge University PressPrint publication year: 2005