Nationality and Statelessness in International Law

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BRILL, Dec 13, 1979 - Law - 337 pages
This second revised edition takes into account the decision of the International Court of Justice in the "Nottebohm Case" which was published just as the first edition was going to press and therefore received only cursory treatment. It also, of course, includes an analysis of international legislation adopted since 1955, including the 1961 UN Convention on the Reduction of Statelessness, the 1957 UN Convention on the Nationality of Married Women, and the 1966 International Covenant on Civil and Political Rights. The decisions of international tribunals and, in particular, of the Italian Conciliation Commissions are analysed. Finally, the author presents legislative, judicial and governmental practice during the twenty-two years. After beginning with a clear definition of terms, the author analyses the functions of nationality in international law, the relationship between municipal and international law and then the public international law of nationality. In this latter part, he examines international conventions, international custom and the principles of law generally recognized with regard to nationality. The book ends with a summary and conclusions dealing with the existing law and future developments.
 

Contents

Nationality and its Synonyms 33
3
Nationality in Composite States and Dependencies
13
The International Functions of Nationality
26
Exclusive Domestic Jurisdiction
65
Decisions of International Tribunals
71
Decisions of Municipal Courts
79
The Views of Writers
85
PART THREE
93
Summary
239
Conclusions
246
Convention on Certain Questions Relating to the Conflict
257
Protocol Relating to a Certain Case of Statelessness The Hague
263
Convention on the Nationality of Married Women
270
Protocol Amending the Convention on the Reduction of Cases
277
Protocol Relating to the Status of Refugees
297
Bibliography
313

Effect of Territorial Transfers on Nationality
135
Conflict Rules
161
Proof of Nationality
204
Index
323
About the author 339
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