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8 - Nationality, aliens and refugees

Published online by Cambridge University Press:  05 August 2012

Anthony Aust
Affiliation:
London School of Economics and Political Science
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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.

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Publisher: Cambridge University Press
Print publication year: 2005

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  • Nationality, aliens and refugees
  • Anthony Aust, London School of Economics and Political Science
  • Book: Handbook of International Law
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494123.011
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  • Nationality, aliens and refugees
  • Anthony Aust, London School of Economics and Political Science
  • Book: Handbook of International Law
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494123.011
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Nationality, aliens and refugees
  • Anthony Aust, London School of Economics and Political Science
  • Book: Handbook of International Law
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494123.011
Available formats
×