State Succession in Municipal Law and International Law Vol. I: Internal Relations

1969 ◽  
Vol 17 (2) ◽  
pp. 322
Author(s):  
Yehuda Z. Blum ◽  
D. P. O'Connell
Keyword(s):  
International Law ◽  
Internal Relations ◽  
Municipal Law ◽  
State Succession

The Effect of Changes of Sovereignty on Nationality

1927 ◽  
Vol 21 (2) ◽  
pp. 268-278 ◽  
Author(s):  
C. Luella Gettys
Keyword(s):  
International Law ◽  
The Political ◽  
Customary International Law ◽  
Political Status ◽  
Municipal Law ◽  
State Succession

In the vast field of international relationships, one of the intricate problems is that which has centered around the question of nationality. No uniform rules have been laid down either by conventional or by customary international law for the determination of nationality. Unfortunately the whole matter is regulated by municipal law, and in consequence of the diversity of regulations many conflicts have resulted. There are additional complications encountered in that phase of the problem which deals with the relation of state succession and nationality. When a state acquires new territory by gift, cession, conquest, or by whatever means, the political status of the inhabitants of the territory must be determined.

ECONOMICS, POLITICS, LAW: TRENDS AND PROSPECTS June 2019: сб.науч.тр./ OEAPS Inc.; редкол.: Флора Бертран (отв.ред.) [и др.]. - Берлин, Германия : OEAPS Inc., 06. 2019. - 71 С.

2019 ◽  
Author(s):  
Inc. OEAPS
Keyword(s):  
International Law ◽  
Empirical Studies ◽  
Business Law ◽  
Mathematical Methods ◽  
Business Economics ◽  
Section 8 ◽  
Municipal Law ◽  
Politics And Law ◽  
Monetary Circulation ◽  
Comparative Nature

The conference is a major international forum for analyzing and discussing trends and approaches in research in the field of economics, politics and law. We provide a platform for discussions on innovative, theoretical and empirical studies of problems in these disciplines. Given the international focus, materials of a comparative nature are especially welcomed.Doctors and candidates of science, scientists, specialists of various profiles and directions, applicants for academic degrees, teachers, graduate students, undergraduates and students are invited to participate in the conference.CONFERENCE SECTIONSSection 1 Finance, monetary circulation and credit Section 2 Accounting and taxation Section 3 Management and marketing Section 4 World economy Section 5 Business economics Section 6 Mathematical methods of economics Section 7 Relevant economic issues Section 8 Constitutional and municipal law Section 9 Civil and family law Section 10 Labor and business law section 11 Criminal law and criminology section 12 International law Section 13 entitled Administrative Section 14 law enforcement Section 15 Topical issues of jurisprudence Section 16 Topical issues in political science.Additional criteria considered in the consideration of the submitted document are its accuracy, organization / presentation (ie logical flow) and recording quality.

Dual Nationality and International Criminal Court Jurisdiction

2020 ◽  
Author(s):  
Andrew Wolman
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Functional Approach ◽  
Criminal Court ◽  
State Party ◽  
South Korean ◽  
Dual Nationality ◽  
Municipal Law ◽  
Domestic Law

Abstract The International Criminal Court (ICC) can exercise jurisdiction over nationals of states parties. However, it has never been clear whether the Court will automatically recognize a nationality that has been conferred by a state party under its domestic law, nor what criteria it would use to evaluate that nationality should it not be automatically accepted. In December 2019, the Office of the Prosecutor made its first formal pronouncement on the question, finding that the ICC does not have jurisdiction over North Koreans, despite their being South Korean nationals under South Korean law, because North Koreans are not able to exercise their rights as South Koreans until accepted as such by application, and on occasion their applications might be refused. In this article, I reject the Prosecutor’s analysis as misguided. I also reject the other main approaches to nationality recognition suggested by scholars, namely a ‘genuine link’ requirement, a deferral to municipal law, and a deferral to municipal law except where a conferral of nationality violates international law. Instead, I propose a functional approach that would respect municipal conferral of nationality unless that conferral unreasonably interferes with the sovereign interests of a non-state party.

Sovereigns as Defendants

1910 ◽  
Vol 4 (2) ◽  
pp. 373-383 ◽  
Author(s):  
Nathan Wolfman
Keyword(s):  
International Law ◽  
Point Of View ◽  
Published Report ◽  
The Status ◽  
Municipal Law

A recent decision handed down by the Supreme Judicial Court of Massachusetts, and reported in its last published report, involves the broad consideration of the status of sovereigns as defendants both from the point of view of international and of municipal law. The decision concretely confirms the opinion that no matter from what point of view the theory of international law may be said to proceed, its doctrines are based on as firm principles of sound reasoning and justice as are the doctrines of the ordinary municipal law. And this notwithstanding the popular impression prevalent, especially among laymen, that international comity is the dominant principle of international law.

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