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Some theoretical and practical considerations of the Israel nationality law
Published online by Cambridge University Press: 21 May 2009
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Although there is abundant literature about the legal aspects of nationality, its consequences in law and the extent of jurisdiction in connection therewith, there is very little adequate appreciation of the growth and evolution of nationality.
It is obvious that the birth of the State of Israel gives rare opportunities to observe the gradual development of loyalty feelings, of common understanding and of the influence of a common purpose in moulding the aspirations of a people.
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page 375 note 1 This article has been written a few months before the judgment of April 6, 1955, in the Nottebohm case. The majority judgment of the International Court of Justice has dealt with the problem of nationality in a very modern and perhaps novel way and the judgment of course is too important to be treated by way of afterthought in a footnote.
page 375 note 2 A particularly lucky description of the phenomena of nationality is given by Karl Deutsch under the heading: “Nationality and Social Communication” (New York, 1953), while cognate insights to be found in more strictly legal literature are in Julius Stone: “Legal Controls of International Conflict” (London, 1954), page XLI of the Introduction.
page 376 note 1 Italics mine.
page 376 note 1 See: Adriaansen en v. d. Weg, Nationaliteitswetgeving, I, F-43, B. of E.
page 376 note 2 See further below under 5.
page 378 note 1 When writing this article no official translation of the Jordan law had come to my knowledge. See now the translation of the actual Law (No. 6 of 4.2.54) in the Metzner series of Nationality Laws (Band 15: Arabische Staaten, Frankfurt 1955, p. 75).
page 379 note 1 The Jordanian law knows two kinds of naturalization: one by the King on the advice of the Council of Ministers (article 5 of the new law) and one by the Government (article 12 ofthat law). In the former case the person must renounce his other nationality (as stated above, the Israel law requires either renunciation or proof of loss of such nationality in case of naturalization). In the case of Governmental Jordan naturalization four years of residence are required, but no renunciation is demanded. Against that the individual concerned has to prove that he is a person of good character and good reputation.
The Jordan Government may revoke certificates of naturalization on grounds similar to those prevailing in Israel, but no legal procedure is established as is the case in Israel.
page 380 note 1 “Paspoorteninstructie Nederland 1952”, artt. 19–22Google Scholar, “Verzameling van voorschriften, etc. Buitenlandse paspoorten”, Samsom, , p. 35–36, B. of E.Google Scholar
page 380 note 2 September/October 1955.
page 382 note 1 But not according to the Ottoman Civil Code (Mejelleh) still in force in Israel. This code makes the completion of puberty the criterion for the age of majority.
page 383 note 1 Amsterdam v. Minister of Finance, High Court 279/51; Marcus v. Minister of Finance, High Court 280/51; Breit and others v. Minister of Finance, High Court 303/51; Abudi v. Minister of Finance, High Court 10/52; Greidinger and others v. Minister of Finance, High Court 17/52; Parises v. Minister of Finance, High Court 22/52.
Published in Pesakim 51/52, Volume E, pages 483 ff.