The Changing Role of Nationality in International Law PDF
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ROUTLEDGE RESEARCH IN INTERNATIONAL LAW The Changing Role of Nationality in International Law Edited by Alessandra Annoni and Serena Forlati The Changing Role of Nationality in International Law The book explores the current role of nationality from the point of view of international law, reassessing the validity of the ‘classical’, state-c entered, approach to nationality in light of the ‘new’ role the human being is gradu- ally acquiring within the international legal order. In this framework, the collection assesses the impact of international human rights rules on the international discourse on nationality and explores the significance interna- tional (including private international) law attaches to the links individuals may establish with states other than that of nationality. The book weighs the significance of the bond of nationality in the context of regional inte- gration systems, and explores the fields of international law in which nation- ality still plays a pivotal role, such as diplomatic protection and dispute settlement in international investment law. The collection includes contri- butions from legal scholars of different nationalities and academic back- grounds, and offers an excellent resource for academics, practitioners and students undertaking advanced studies in international law. Alessandra Annoni is a Researcher in International Law at the University of Catanzaro, Italy. She teaches Public International Law, Private Interna- tional Law and a Jean Monnet Module on European Migration Law. Her research interests include International Humanitarian Law and Human Rights Law. Serena Forlati is Associate Professor of International Law at the University of Ferrara, Italy. Her current research interests focus on public international law, especially international human rights and intern ational dispute settlement. Routledge Research in International Law Available: International Law and the Third World Reshaping justice Edited by Richard Falk, Balakrishnan Rajagopal and Jacqueline Stevens International Legal Theory Essays and engagements, 1966–2006 Nicholas Onuf The Problem of Enforcement in International Law Countermeasures, the non-i njured state and the idea of international community Elena Katselli Proukaki International Economic Actors and Human Rights Adam McBeth The Law of Consular Access A documentary guide John Quigley, William J. Aceves and Adele Shank State Accountability under International Law Holding states accountable for a breach of jus cogens norms Lisa Yarwood International Organisations and the Idea of Autonomy Institutional independence in the international legal order Edited by Richard Collins and Nigel D. White Self- Determination in the Post- 9/11 Era Elizabeth Chadwick Participants in the International Legal System Multiple perspectives on non-s tate actors in international law Jean d’Aspremont Sovereignty and Jurisdiction in the Airspace and Outer Space Legal criteria for spatial delimitation Gbenga Oduntan International Law in a Multipolar World Edited by Matthew Happold The Law on the Use of Force A feminist analysis Gina Heathcote The ICJ and the Development of International Law The lasting impact of the Corfu Channel case Edited by Karine Bannelier, Théodore Christakis and Sarah Heathcote UNHCR and International Refugee Law From treaties to innovation Corinne Lewis Asian Approaches to International Law and the Legacy of Colonialism The law of the sea, territorial disputes and international dispute settlement Edited by Jin- Hyun Paik, Seok- Woo Lee, Kevin Y. L. Tan The Right to Self- determination Under International Law “Selfistans,” secession, and the rule of the great powers Milena Sterio Reforming the UN Security Council Membership The illusion of representativeness Sabine Hassler Threats of Force International law and strategy Francis Grimal The Changing Role of Nationality in International Law Alessandra Annoni and Serena Forlati Forthcoming titles in this series include: International Law, Regulation and Resistance Critical spaces Zoe Pearson The Cuban Embargo under International Law El Bloqueo Nigel D. White The Changing Role of Nationality in International Law Edited by Alessandra Annoni and Serena Forlati First published 2013 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN Simultaneously published in the USA and Canada by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2013 editorial matter and selection, Alessandra Annoni and Serena Forlati; individual chapters, the contributors. The right of Alessandra Annoni and Serena Forlati to be identified as the editor of this work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloguing in Publication Data A catalog record for this book has been requested ISBN: 978-0-415-53545-8 (hbk) ISBN: 978-0-203-43697-4 (ebk) Typeset in Garamond by Wearset Ltd, Boldon, Tyne and Wear Contents Notes on contributors ix Preface xi List of abbreviations xiii 1 Staatsvolk and homogeneity: from Weimar to the Maastricht decision of the German Federal Constitutional Court and beyond 1 HOLGER P. HESTERMEYER 2 Nationality as a human right 18 SERENA FORLATI 3 Statelessness in the context of state succession: an appraisal under international law 37 FRANCESCO COSTAMAGNA 4 Nationality of individuals in public international law: a functional approach 54 ALICE SIRONI 5 Nationality and diplomatic protection: a reappraisal 76 ANNEMARIEkE VERMEER- küNzLI 6 Nationality and freedom of movement 96 FRANCESCA DE VITTOR 7 Nationality and political rights 117 DELIA RUDAN viii Contents 8 Nationality and social rights 135 ALESSANDRA ANNONI 9 Determining the nationality of companies in ICSID arbitration 153 GIULIA D’AGNONE 10 Nationality and regional integration: the case of the European Union 169 PIERLUIGI SIMONE 11 The evolving role of nationality in private international law 193 PIETRO FRANzINA 12 Conclusions 210 FRANCESCO SALERNO Index 215 Notes on contributors Alessandra Annoni (Ph.D), Researcher in International Law, University of Catanzaro, Italy. Francesco Costamagna (Ph.D), Researcher in European Union Law and Lecturer in International Law, University of Turin, Italy. Giulia D’Agnone, Ph.D Candidate in International and European Law, University of Macerata, Italy. Francesca De Vittor (Ph.D), Researcher in International Law and Lecturer in International Law and International Organizations Law, University of Macerata, Italy. Serena Forlati (LL.M, Ph.D), Associate Professor of International Law, Uni- versity of Ferrara, Italy. Pietro Franzina (Ph.D), Associate Professor of International Law, Univer- sity of Ferrara, Italy. Holger P. Hestermeyer (LL.M, Ph.D), Head of the Otto Hahn Group on ‘Diversity and Homogeneity’, Max Planck Institute of Comparative Public Law and International Law, Heidelberg, Germany. Delia Rudan, (Ph.D), Teaching Assistant in International Human Rights and International Law, University of Ferrara, Italy. Francesco Salerno, Chair of International Law, University of Ferrara, Italy. Member of the International Institute of Human Rights, Strasbourg, France. Pierluigi Simone (Ph.D), Researcher in International Law and Lecturer in EU Law, University of Rome ‘Tor Vergata’, Italy. Alice Sironi (Ph.D), Officer at the International Organization for Migra- tion, Geneva, Switzerland. Annemarieke Vermeer-K ünzli (M.A., Ph.D), Assistant Professor, Amster- dam Center for International Law, University of Amsterdam, The Nether- lands.
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